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Act amend

lows: "The inhabitants of this state shall have a lien upon the

pro

Sec. A amen

ded.
perty of said rail road company for all claims and demands not exceed-
ing one hundred dollars each, against such company, originally con-
tracted or incurred within this state, which shall take precedence of
any other claims or demands, judgments, liens or mortgages against
such company.

Sec. 5. That the act to incorporate the Shelby and Detroit rail road
company, approved March 7, 1834, and all acts amendatory thereto,
be amended by striking out the words “Shelby and Detroit rail road
company” wherever it occurs, and insert "Detroit, Romeo and Port
Huron rail road company,” by which name the company shall be here-
after known.
Sec, 6. The said company are authorized to borrow on the bonds of Co. may ber-

Tow money said company, or by mortgage on the said road, or corporate right of said company on such terms as the directors shall deem best, on a credit not to exceed twenty years, such sum or sums of money as the directors may deem necessary, not exceeding two hundred and fifty thousand dollars, for the purchase and laying down on the track of said road an iron rail of such description as the directors may deem the most advantageous: Provided, That no bond executed by said company for any such loans be for a less sum than five hundred dollars. Sec. 7. This act shall take effect and be in force whenever the hol- Co. to secept

alterations in ders of a majority of the stock of said company shall make and sign writing, ke. an instrument in writing accepting and assenting to the alterations and morlifications of their charter as is hereinbefore provided, and file the same in the office of the Secretary of State.

Approved March 18, 1848.

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No. 88.

AN ACT to amend chapter twenty-five of the Revised Statutes of

eighteen hundred and forty-six, relative to laying out, altering and
discontinuing highways.

Section 1. Be it enacted by the Senale and House of Representa.

Sec. 4, chap

25 revised tives of the State of Michigan, That section four of chapter twenty- statutens

monded. five of the revised statutes of eighteen hundred and forty-six, be and the same is hereby so amended as to read as follows:

“ Sec. 4. Whenever any ten or more freeholders, residents in any township, shall wish to have a highway in such township laid out, altered, or discontinued, they may, by writing under their hands, make application to the commissioners of highways of the township for that purpose, who shall proceed to lay out, alter or discontinue any

such highway, whenever in their judgment the public good will be promoted thereby : Provided, however, when said commissioners shall have once decided against the laying out, altering or discontinuing any highway, no second application for the same object shall be entertained by them for the space of one year from the time of making the first application."

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 18, 1848.

No. 89.

AN ACT to refund certain highway moneys in the county of Barry.

Section 1. Be it enacted by the Senate and House of RepresentaDuties of co. treasurer of lives of the State of Michigan, That the treasurer of the county Barry co'nty

of Barry is hereby authorized and required to transfer to the credit of the several townships, viz: Johnstown, Rutland, Irving and Thornapple, of said county, the unexpended balance of moneys placed to the

credit of Albert E. Bull, special commissioner, appointed by the act Special com missioner entitled an act to lay out, establish and provide for the construction of appointed.

a state road from the village of Battle Creek, through the village of Hastings, to intersect the Grand River and Kalamazoo road, to lay out and expend certain non-resident highway taxes on state road mentioned in said act.

Sec. 2. The said special commissioner is hereby required to pay Powers and

over to the county treasurer of said county all moneys by him receiv. ed as special commissioner, on account of the several aforementioned townships, which remain unexpended, and the county treasurer is hereby required to credit the same to the several townships to which i respectively belongs: and in case the special commissioner aforesaid shall neglect or refuse to pay over all moneys, if any in his hands, be. longing to said fund, then it shall be the duty of said county treasurer,

dutieg of such com'r.

treasurer.

in his own name, to sue for and recover the same, with costs of suit,
before any court having competent jurisdiction.
Sec. 3. And it shall further be the duty of said county treasurer, to

Duties of co. pay the township treasurer of the several townships, as contemplated by this act, all such moneys as shall be placed to their credit, respectively, to be appropriated and expended by the highway commissioners, in the same manner as other non-resident highway taxes are directed by law to be expended.

Sec. 4. The law requiring the collection and return of non-resident highway tases, in the act entitled an act to lay out and establish and provide for the construction of a state road from the village of Battle Creek, through the village of Hastings, to intersect the Grand River and Kalamazoo road, so far as regards the townships aforesaid, be and the same is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved March 18, 1848.

Act a nend'd.

No. 90.

Com're to

AN ACT to establish a state road from the village of Lexington, in

the county of St. Clair, to the eastern boundary of the county of Lapeer.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Clark M. Mills, James L, Smith lay out road. and Randal E. Davis, of the county of St. Clair, be and they are hereby appointed commissioners to lay out and establish a state road from the village of Lexington, in the county of St. Clair, to the eastern boundary line of the county of Lapeer, upon the most direct and feasible route.

Sec. 2. The commissioners named in this act shall file the surveys To file surof so much of the above mentioned road, in the office of the township clerk of each township through which said road shall pass as shall be laid out in such township; and it is hereby made the duty of the township clerks in the said townships, to record the surveys of said road in the same manner that the surveys of township roads are direct. ed by law to be recorded.

veys,

State not lia

Sec. 3. The state shall in no case be chargeable with the expense ble for expoose.

of laying out and establishing said road, and in case the said road shall not be surveyed and recorded as herein provided, within two years from the passage of this act, the provisions contained in this act shall be void.

Approved March 18, 1948.

No. 91.
AN ACT to vacate an alley in the village of Albion, Calhoun county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the alley in block thirty-four, in the the village of Albion, in the county of Calhoun, be and the same is hereby vacated.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 20, 1848.

No. 92.

AN ACT to authorize F. G. Hubinger and A. Cramer to erect and

maintain a Dam across the Cass River, in the County of Saginaw.

Section 1. Be it enacted by the Senate and House of RepresentaDam autho- tives of the State of Michigan, That it shall be lawful for F. G. Hu

binger and A. Cramer, their heirs and assigns, and they are hereby authorized to erect and mai ntain a dam not exceeding eight feet in height above common low water mark across the Cass river on section twenty-seven, in town eleven north, of range six east, in Saginaw county.

Sec. 2. The owner or occupant of said dam shall construct therein Owaer to

or thereat, a convenient lock, at least eight feet in length and eighteen luck, &c. feet in width, for the safe passage of boats, canoes, rafts and other wa

ter craft, whenever the county court of said county shall order the same to be done upon good cause shown.

Sec. 3. Any person who shall destroy or otherwise injure said dam, Trespass on

shall be deemed to have committed a trespass on the owner or owners thereof, and shall be liable aceordingly ; but nothing in this act con

construct

tained shall be construed to affect the rights of individuals who may be injured by reason of the erection or continuing said dam.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 20, 1848.

No. 93.
AN ACT to amend section twenty-three, chapter fifty-eight of the

revised statutes of eighteen hundred and forty-six,
Section 1. Be it enacted by the Senate and Fouse of Representa-
tires of the State of Michigan, That section twenty-three of chapter
fifty-eight of the revised statutes, be amended by inserting in line eight
of said section, between the words “of” and “ agricultural," the follow-
ing words, viz: "astronomy, natural philosophy, and."

Approved March 20, 1848.

No. 94.

AN ACT to improve the main traveled road from Hastings, in Barry

county, to Battle Creek.

2010 acres

Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That two thousand acres of internal int imp.lane

appropriat, d. improvement land be and the same are hereby appropriated for the purpose of improving that part of the main traveled road leading from Hastings in Barry county, to Battle Creek in Calhoun county, which Lies in the county of Barry: Provided, That the right of way to the public shall first be obtained. Sec. 2. For the purpose of carrying the provisions of this act into

Special con effect, the Governor of the state is hereby authorized to appoint a spe- missioner cial commissioner, who may make a selection of the lands herein appropriated, and report such selection to the Commissioner of the State Land Office, who shall thereupon reserve the same from sale, issuing no certificate for any tract or parcel thereof, except upon due order of the special commissioner: Provided, That the said special commissioner shall first take and subscribe the constitutional oath

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