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to the special commissioner for the faithful performance of said job or jobs.
Sec. 3. It shall be the duty of the special commissioner to make List of lands out a correct list of all the non-resident lands designated by the first section of this act, and file the same with the treasurer of the counry of Clinton; and it shall be the duty of the said treasurer to withhold from the township of Duplain aforesaid, the moneys accruing en said non-resident lands and pay over the same to the special commissioner.
Sec. 4. It shall be the duty of the special commissio:ier to ren- Account of der to the board of supervisors of the county of Clinton, at their annual session, a true account of the application and disbursement of all moneys which he may receive by virtue of this act. Sec. 5. Before said special commissioner shall enter upon his His oath of
office, bond, duties, he shall take the oath prescribed by the constitution of this &c. state, and file the same with the clerk of the county of Clinton, and before he shall draw any monies from the treasurer of the coun. ty of Clinton, aforesaid, he shall give a bond with one or more sureties, in Jouble the amount of the taxes by this act appropriated, to the said treasurer, for the faithful performance of the duties imposed upon him by this act. The said commissioner shall receive as a compensation for his services one dollar per day, when actually employed, which shall be audited and allowed by the board of supervisors of Clinton county and paid out of the sund created by this act.
Sec. 6. This act shall take effect and be in force from and after
Approved March 31, 1849.
[ No. 216.] AN ACT to amend an act entitled "an act to amend an act entitled
an act to authorize the supervisors of the county of Kent to construct a canal ard lock around the Rapids of Grand River at Grand Rapids, approved February 20, 1847, and the acts amendatory thereto, approved January 29, 1848, and March 28, 1848," approved January 25, 1849.
Section 1. Be it enacted by the Senate and House of Represen- Aet amendsatives of the State of Michigan, That section one of an act entitled
"an act to amend an act entitled an act to authorize the supervisors of the county of Kent to construct a canal and lock around the rapids of Grand river at Grand Rapids, approved February 20, 1847, and the acts amendatory thereto, approved January 29, 1848, and March 28, 1848;" approved January 25, 1849, be and the same is hereby repealed; and the following shall stand instead thereof:
“the supervisors of the county of Ionia, or a majority of them, be Engineer to be appoint'd and they are hereby authorized and empowered, 10 uppoiot an exsors of lonia perienced engineer, on or before the first Tuesday in May next, county.
whose duty it shall be to make estimates, as hereinafter provided, under the contract entered into between the commissioners appointed by the governor of this state, according to act number one hundred and twenty-five, of the session laws of 1848, and James Davis, for the construction of a canal and locks around the rapids
of Grand river, at Grand Rapids, in the county of Kent. The said Duties of engineer shall, from time to time, determine, as the work under engineer. said contract progresses, what proportion of said contract has been
done and performed, whether one-half, three-fourths, more or less, and shall also estimate and determine, from time to time as aforesaid, the number of acres of land of the twenty-five thousand acres, agreed to be paid to the said James Davis, by the said commissioners for the full performance of his said contract, that will be sufficient to pay pro rata, the contract for the proportion of said contract done and performed at the time of the estimate and determination; said es. timates shall be made at the request of the said contractor, and shall, as often as made, after being signed by the said engineer, and coun. tersigned by the chairman of the board of supervisors of said county of Ionia, be filed by the said engineer, with the commissioner of the state land office, or that officer of the state government upon whom may be imposed the duties of said commissioner. In case of the death, inability or refusal of the engineer to serve as aforesaid, then and in that case, the said commissioners shall, and they are hereby required forthwith to appoint some other suitable and discreet engineer, who shall perform the duties aforesaid."
Sec. 2. That section two of the act hereby amended, be, and the same is hereby amended by striking out the word "commissioners," in the fifth line, and by inserting in lieu thereof, the word "engineer,"
Oath of of
Sec 3. The said engineer shall, before he enters upon the duties of his appointment, take and subscribe the constitutional oath, and fice, and file the same with the clerk of the board of supervisors of the said ton of escounty of Ionia. Said engineer shall be allowed a reasonable compensation for his services, one half to be paid by the supervisors of the county of Kent, and the other half to be paid by the supervi. sors of the county of lonia, in orders drawn upon the treasurers of their respective counties.
Sec. 4. It sliall be the duty of the commissioners appointed by Dam 10 be act No. 125, of the session laws of 1848, to cause a dam to be constructed across Grand river at the Grand Rapids, in the county of 1843. of Kent, in connection with the said canal and in accordance with the provisions of section 5 of act No. 19 of the session law's of 1847. Sec. 5. If the lands of any individual or individuals or corpora
Proreedings tion shall be injured by being overflowed in consequence of the where lands erection of a dam as authorized to be constructed according to sec. Ny dam. tion five of act No. 19, of the session laws of 1847, the person or persons, or corporation sustaining such injury shall, is damages are claimed, enier a complaint therefor before the county judge of the county in which such lands are situated.
Sec. 6. Such complaint may be presented to the said judge in term time or be filed in the county clerk's office in vacation, and a to be tiles copy thereof in either case shall be served on one of the special thereor. commissioners having charge of the construction of said canal, locks and dams complained of, by being delivered to him or left at his dwelling house by the complainant himself (of which service he must make proof) or by a proper officer, at least thirty days pre. vious to the time of the meeting of the persons hereinafter provided for to view and appraise the damages.
Sec. 7. The complaint shall contain such a description of the land alleged to be overflowed and injured, and such a statement of set forth is
complaint. the damages that the record of the case shall show with sufficient certainty the matter that shall have been heard and determined therein, and upon such complaint being filed as aforesaid, proceedings shall be instituted in favor of the complainant for the recovery
guminong thereupon to jury or view.
Verdiet or jury.
of his damages an account of the overflowing of his lands as aforesaid, in the manner following:
Sec. 8. Upon filing of such complaint as before provided, the the clerk thereof, shall issue a summons direc!ed to the sheriff of the proper county, commanding him to summon Canton Smith, Charles Shepherd, John M. Fox, Joshua Boyer, Billias Stocking, and Conrad Phillips, to appear upon a certain day therein to be named, which shall not be less than ten days from the date of said writ, who shall be duly sworn by the clerk of said court or by a justice of the peace, faithfully and impartially to examine the premises described in the complaint and appraise the damages sustained by the complainant in consequence of the overflowing of any such lands by the waters of such dam, and the persons thus summoned and sworn, shall constitute a jury of view.
Sec. 9. The said jury, or a majority of them, after thoroughly examining the premises and ascertaining 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 suur mons, who shall open the same, and record it in the minutes of the
court. Payment of Sec. 10. If the special commissioners or any two of them shall warded and within ten days of the rendition of said verdict and the entry there
os by the clerk as aforesaid, pay to the said clerk in orders drawn upon the treasurers of the counties of Kent and Ionia, for the use of the complainant, the amount of damages as estimated by the ju. ry, and the costs of the proceedings to the officer, jury and con plainant, to be ta xed by the said clerk, then the said complainant and all persons claiming under him or them, shall be precluded and forever barred from maintaining any action at law, or equity therefor, which orders shall be paid in equal proportions by the said counties, and upon the rendition of any such verdict as aforesaid, it shall be the duty of the clerk of the county of Kent, forihwith to notify the board of supervisors of each of said counties, of the amount of such verdict recorded in the minutes of the court a fore
said; the amount of said verdict or verdicts shall be assessed and such dama: levied, the one half upon the whole taxable property in the county upon coup of Kent, and the other half in like manner upon the whole taxable sud lonia. property of the county of Ionia.
try of Kent
Duties of ou
Sec. 11. The supervisors of each of said counties aforesaid are hereby authorized and required at their joint annual session after pervisors or
spid counthe receipt of said notice as aforesaid, to appropriate and cause the lies. same to be assessed and levied in the proportions aforesaid upon the whole taxable property of said counties, for the purpose of paying such verdict or verdicts, and cause the same 10 be collected in the same manner as other taxes are now collected by law.
Sec. 12. Whenever the orders aforesaid shall be presented to either of the said treasurers, it shall be their duty to pay the same damages
how paid, out of any monies in said treasuries not otherwise appropriated; &c. and the said orders shall bear interest at the rate of seven per cent. per annum from and after the day of their presentation, and until ihe same shall be paid, and the time of said presentation shall be certified to by the treasurer lo whom the same shall be presented, upon
the back of the same. Sec. 13. In case any of the persons above named for a jury of
Talismen view, in consequence of death, absence from the country or any for jury of other inability, be unable to serve in viewing and determining said damages, then and in that case it shall be the duty of the said sheriff or either of his deputies, to summon forthwith a sufficient number of discreet and disinterested frceholders, to scrve in his or their stead, whose duty it shall be to appear at the time and place mentioned in the summons, and perform the same duties prescribed in section nine of this act, after havirg taken the same oath as required in section eight, the said sheriff or his deputy, being first sworn by the clerk of the county of Kent, io select such freeholders accord. ing to his best judgment, and without favor or partiality to either party.
Sec. 14. That the proviso of section five, of act number nineteen of the session laws of 1847, approved February 20, 1847, be, and same is hereby repealed. Sec. 15. That sections five, six, seven, eight, nine, ten, eleven,
Supervisors twelve, thirteen, and fifteen of this act, shall not take effect or be of Kent and in force unless two thirds of each board of the supervisors of the assent to counties of Kent and Ionia shall file their written assent thereto visions or with the county clerk of each of said counties; and the said board of supervisors are hereby required to meet in their respective counlies on or before the first Tuesday in May next, for the purpose of
Ionia to bic