pay the damages for flowing lands as hereinafter provided, then and in that case, the said owners, their heirs or assigns, in consideration of the erecting and maintaining such lock and dam, and paying the said damages, may thereafter use on their own lands for propelling mills and machinery, the surplus waters of said river over that which is required for supplying said locks; but no dam shall be erected to the injury of any mills lawfully existing, on any mill site above or below it, on the stream. and locks rected. Sec. 2. The said dam and locks shall be erected whenever the When dam circuit court shall order the same to be done, and if before such or shall be eder is made, the said owner shall proceed to build such locks, a reasonable time, not exceeding two years, shall be allowed to com plete it. for apprais'l Sec. 3. If any lands are injured by being overflowed in conse- Application quence of the erection of such dam, and the parties cannot agree of damages. as to the amount of damages, an application for the appraisal of such damages may be made by either party, to the circuit court of the county in which the lands are situated, in term time, or it may be filed in vacation in the county clerk's office, setting forth therein a description of the lands so flowed, a copy of which shall be served on the other party, his agent or attorney, at least fourteen days previous to the meeting of the jury hereinafter provided to view and appraise said damages. Upon the filing such application in said court, the clerk thereof shall issue a summons directed to the sheriff of the proper county, commanding him to summon twelve discreet and disinterested freeholders within the circuit, to appear on a day certain to be therein named, which shall not be less than twenty days from the date of said writ, who shall be duly empanneled and sworn by the clerk of said court, or by a justice of the peace, faithfully and impartially to examine the premises described in the application, and appraise the damages sustained by the owner of said. land in consequence of the overflowing of the same by the waters of such dam, and the jury thus impanneled and sworn, shall constitute a jury of view. The said jury, after thoroughly examining Jury of view the quantity of land flowed and determining the amount of damages as aforesaid, shall return a sealed verdict to the clerk of the proper court issuing the summons, who shall open the same, and file it in his office, and it shall be confirmed by the court; the person in whose favor said award may, be made, may, if dissatisfied with said jury. Award of Appeal In cases damages assessed are not paid, award, remove the cause before the supreme court for their decision as in other cases. Scc. 4. If the person against whom the said damages may be awarded shall not within sixty days after the confirmation of the proceedings award, the pay same, with the cost, to the persons entitled to receive it, or deposit the amount with the county treasurer for their use, then the rights acquired under this act shall be null and void, at the election of the owner of the lands overflowed. to be null. Bar of actions. Sec. 5. After this act shall take effect no other action for damages than is provided herein shall be sustained until after the sixty days allowed for the payment of such damages and cost, and the full payment of such damages and costs shall be a final bar to all claims for damages or. such lands in consequence of the erection of said dam. Sec. 6. This act shall take effect and be in force from and after its passage. Approved March 17, 1849. E. Tuthill authorized to convey certain land of probate judge. [ No. 103. ] AN ACT to authorize Esther Tuthill to convey certain real es tate. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Esther Tuthill, of the townwith cons'nt ship of Northfield, in the county of Washtenaw, be and she is hereby authorized to sell and convey the following described land, to wit: the south-west quarter of the north-west quarter of section fourteen, in township one (1) south of range six (6) east: Provided, It shall be made to appear to the satisfaction of the judge of probate for the county aforesaid, that the above described land is the property of the children of the said Esther Tuthill, and that it is necessary for their interest to make such sale. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 17, 1849. [No. 104. ] AN ACT to organize certain townships, and for other purposes. Section 1. Be it enacted by the Senate and House of Represen- Pine Grove. tatives of the State of Michigan, That all that part of the county of Van Buren, known and designated as township number one south of range number thirteen west, be and the same is hereby set off from the township of Almena, and organized into a separate township by the name of Pine Grove, and the first township meeting to be held at the house of Henry F. Bowen, in said township. Barque. Sec. 2. That the county of Huron be and the same is hereby set Point aux off from the township of Lexington, to which it was attached by act number 69, of eighteen hundred and forty-seven, and organized into a separate township by the name of Point Aux Barque, and that said township be and the same is hereby attached to the county of Saginaw, and the first township meeting to be held at the house of Robert Emerson, in said township, or such other place as a majority of the electors of said township shall determine. Sec. 3. That so much of township number six north of range Boston. number eight west as lies north of Grand river, be and the same is hereby set off from the township of Keene, in Ionia county, and attached to the township of Boston, in said county. attached to Sec. 4. That all that part of the township of Ira, in the county Part of Ira of St. Clair, described as follows, to wit: commencing at the border Clay. of lake St. Clair, on the east line of the old Chippewa reserve, thence northerly on the east line of said reserve to the south line of the township of China, thence east to the east line of the township of Cottrellville, thence south to the south line of the township of Ira, be and the same is hereby set off from the township of Ira, and attached to the township of Clay, in said county. Sec. 5. That the name of the township of Florida, in the county Florida of Hillsdale, be and the same is hereby changed to Jefferson. Sec. 6. This act shall take effect from and after its passage. changed to Jefferson. [No. 105.] Town line Clair and China. AN ACT to alter the town line dividing the townships of St. Clair and China, in the county of Saint Clair. Section 1. Be it enacted by the Senate and House of Represen between St. tatives of the State of Michigan, That the town line dividing the townships of Saint Clair and China, in the county of Saint Clair, shall henceforth be so changed as to run on and with the lines hereinafter designated, to wit: said altered line shall commence at that point where the present line intersects the west side or line of private claim number three hundred and six, according to the United States survey thereof, and run thence northerly along said west side or line to the northwest corner of said private claim, thence easterly along the north end or line thereof to the northeast corner of the same, thence southerly along and with the east side or line thereof to the south east corner of said private claim, which corner is in or near Pine river, thence easterly and variously along and with said Pine river until it intersects with the south line of lands now or late belonging to George Palmer, and thence along and with said George Palmer's south line until it reaches the channel bank of the river Saint Clair. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 17, 1849. Name chan. ged. [No. 106. ] AN ACT to change the name of Augustus Kendricks. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the name of Augustus Kendricks, a minor of the county of Jackson, be and the same is hereby changed to that of Augustus Seidle, and he shall hereafter be known by that name. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 19, 1849. [ No. 107. ] AN ACT to provide for the support of a system of international exchange. ternational exchange a Section 1. Be it enacted by the Senate and House of Representa Governor to tives of the State of Michigan, That the governor of this state be, and motional he is hereby authorized to appoint some suitable person residing in gent at Paris the city of Paris, in France, to be the agent of this state in transmitting to, and receiving from this state all such works and objects as are intended as the subjects of international exchange. priated for Sec. 2. The sum of two hundred dollars, annually, is hereby $200 approappropriated to defray the expenses of the said agency in the city support of aof Paris, in receiving from and transmitting to this state such works geucy. as may be made the subject of international exchange. by secretary of state. Sec. 3. When the secretary of the state shall have been officially To be paid informed that the agency provided for in the first section of this act has been duly established, he shall, upon his order, annually draw from the treasury and transmit to said agent the said sum of two hundred dollars provided for in the second section of this act, and Annual rethe said agent shall report annually to the governor of this state port of agent all his transactions relative to said agency. Sec. 4. This act shall take effect and be in force from and after AN ACT to vacate a portion of the plat of the village of Berrien, in the county of Berrien. village of cated. Section 1. Be it enacted by the Senate and House of Represen- Part of the tatives of the State of Michigan, That all that portion of the re- Berrien vacorded plat of the village of Berrien, in the county of Berrien, lying north of Hamilton street, and also the following lots lying on the river Saint Joseph, numbered sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six, together with so much of Bluff street as lies between said lots, and the top of the bluff on said river, 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 19, 1849. |