ase of iron Sec, 3. For the purpose of purchasing iron and spike, and for For purchpayment of the transporation of the same, to iron the road above men- & spike. tioned, a sum not exceeding twelve thousand dollars of the net proceeds of the business done on said road and derived therefrom, be, and the same is hereby appropriated; and the board of internal improvement are hereby authorized to contract for such iron and spike' and for the transportation of the same, and to pledge the net proceeds aforesaid for the payment thereof. its Sec. 4. This act shall take effect and be in force from and after passage. Approved, February 22, 1845. No. 15. AN ACT to provide for the completion of the Central tion on Cen SECTION 1. Be it enacted by the Senate and House of Representa- Appropriatives of the State of Michigan, That there be, and there is hereby tral R. R. appropriated out of the five hundred thousand acres of land granted by the general government to this State for the purposes of internal improvement, twenty thousand acres of land for the purpose of completing the Central Railroad from Marshall to Kalamazoo, and the building of a car-house at Kalamazoo, the station buildings at Battle Creek, Augusta and Galesburg, the necessary side-tracks, turnrounds and wells, the settlement of damages for right of way, and the payment of the retained per centages at the time of re-letting the work. Sec. 2. In payment of all estimates upon contracts made under this act, the Auditor General shall draw a scrip, not bearing interest, and payable only in lands, at the State Land Office, for internal improvement lands, whenever a sufficient amount of said scrip or other funds by law receivable for said lands shall be presented to pay for any such legal sub-division or other fraction as shall then be subject to sale or entry. Approved February 22, 1845. Payments. No. 16. Part of 4th section to amend R. S. repealed. Sentence of prisoner. Omission of justice &c., not to preju secution. AN ACT to amend the law in relation to Crimes. Section 1. Be it enacted by the Senate and House of Representatives of the state of Michigan, That so much of the fourth section of an act entitled "An act to amend part fourth, title first, chapter fourth of the Revised Statutes, and for other purposes," approved March 14, 1840, as providesthat on conviction of any person for an escape from prison, he shall be sentenced in addition to the sentence for breaking the prison and escaping, to imprisonment for as long a time as may remain unexpired of his former sentence, be, and the same is hereby repealed. Sec. 2. The court in passing sentence for any such escape, may, in addition thereto, in its discretion, sentence the prisoner to imprisonment for a length of time equal to that in which he shall have been at large during such escape; such imprisonment to commence at the termination of the former sentence, but if the same shall have already expired, then it may commence at the time of passing the sentence. Sec. 3. The neglect or omission of any justice of the peace or othdice the pro- er magistrate, to endorse the name of the complainant or prosecutor, on the complaint, or the grand jury to endorse the same on the indictment, shall not prevent or delay, nor in any manner affect the prosecution of the case. Certificate of clerk. Removal of case to Su Sec. 4. The official certificate of the clerk of any court, under the seal of the court, stating first the court in which the criminal was sentenced; second, the offerce of which he may have been convicted; third, the date of the sentence, and the length of time for which he may have been sentenced to imprisonment in the state prison, shall be prima facia evidence of the fact of such conviction and sentence, against any prisoner on his trial for breaking prison, escaping from prison, or for any other crime. Sec. 5. That in all criminal cases, when any question of law may preme Co't. have arisen, or shall arise on demurrer, motion in arrest of judgment or for a new trial or otherwise, in the district courts within the counties of Wayne, Oakland, Washtenaw and Jackson, when the presiding judge thereof shall deem it of sufficient importance to have the same submitted to the Supreme Court, for its decision, he may cause a transcript of so much of the records, indictment, pleas and other proceedings as may be necessary to be made and certified by the clerk, which with the certificate of such judge showing the question or questions to be submitted to the Supreme Court, shall be sent to the office of the clerk of said Supreme Court in such judicial circuit as such presiding judge may direct. to hear the Sec. 6. The Supreme Court at any term thereof may hear and de- Sup. Court termine such question, and direct their opinion to be certified by their same. clerk to the court in which such question arose, and thereupon said court shall proceed with the cause in conformity with said opinion. Sec. 7. This act shall take effect and be in force from and after its passage. Approved March 1, 1845. 1 No. 17. An Act authorizing the State Geologist to perform certain acts, and for other purposes: State Geo Sec. 1. Be it enacted by the Senate and House of Representatives logist of the State of Michigan, That the State Geologist be, and he hereby is authorized and directed to ascertain the quantity of land the State of Michigan is authorized to select in addition to or in lieu of the sixteenth section under the act of Congress entitled "an act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for, approved May 20, 1826, and the act of June 23, 1836, admitting this state into the Union, and report to the next session of the legislature. $1,000 ap Sec. 2. That such sum as may be absolutely necessary, not to ex-propriated. ceed one thousand dollars, be and the same is hereby appropriated out of the primary school interest fund, to enable the state Geologist to carry out the provisions of the 28th section of an act entitled an act to establish a land office to prescribe and regulate the disposition of the public lands, and for other purposes, approved March 11, 1844, and the provisions of the first section of this act. Sec. 3. This act shall take effect from and after its passage. Detroit and Saginaw road. No. 18. AN ACT to amend an act entitled an act to amend an act to authorize the erection of a Toll Gate and for keeping in repair the Detroit and Saginaw road, and for other purposes, approved January 26, 1844. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the first section of the act to wh ch this act is amendatory, be so amended as to extend the provisions of said act over that part of said Detroit and Saginaw road, two miles north of John Davis' tavern, in the township of Royal Oak, to wit to the house of Benjamin Elwood. Sec. 2. This act shall be in force from and after its passage. State road. Spec'l com No. 19. AN ACT to provide for the construction and improvemenr of a certain State road, running from Kalama. zoo, in Kalamazoo county, to Ionia, in the county of Ionia. Whereas, Heretofore Lawson S. Warner, of lonia county, Albert E. Bull, of Barry county, and Asa Jones, of Kalamazoo county. acting under a certain act, entitled an act appointing commissioners to lay and establish certain state roads, and for other purposes, did establish and partially open a state road from Kalamazoo, in the county of Kalamazoo, to Ionia, in the county of lonia; And whereas, That part of said road running through the counties missioner of Barry and Kent, has been only partially opened. Therefore, for the purpose of opening and working said road, in the counties of Barry and Kent, Highway taxes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That when any non-resident wishes to commute his road tax now due, or hereafter to be assessed, his labor shall be expended on said road, and the special commissioner appointed by the provisions of this act, shall direct when, where and how the labor shall be performed. taxes. Sec. 2. The highway taxes which may hereafter be assessed upon Highway the lands owned by non-residents lying within one mile each way (at right angles.) from the centre line of said road, shall be appropriated and applied to the opening and working of said road: Provided, That if any lot or description, not exceeding forty acres of land, (owned by non-residents as aforesaid,) shall be partially embraced within said limits, and extend beyond said two miles, the highway tax upon said description shall be deemed appropriated as aforesaid: Provided, That where specific appropriations of non-resident highway taxes have heretofore been made by law, for state road purposes, such appropriations shall not be effected by the provisions of the above section. Manchester Sec. 3. That George B. Manchester, of Barry county, be, and he George B. is hereby appointed special commissioner, to disburse the monies his power. aforesaid, who shall have power to let or contract any job of work upon said road, first giving public notice thereof, by posting up notices at the most public places within the several townships through which said road passes, and as near as may be upon the line of said road, which said notices shall be posted up at least twenty days before the time of letting such contracts, and shall state when the work is to be performed, and the kind thereof, the time limited for the performance, the time when and where the work will be let, to the lowest bidder, who shall give bonds, with one or more sufficient sureties to the special commissioners, for the faithful performance of said contract. Sec. 4. It shall be the duty of the special commissioner to make out a correct list of all the non-resident land designated by the provisions of the second section of this act, and file the same with the county treasurers of the counties wherein those lands are located; and it shall be the duty of the county treasurers to withhold from the several townships the monies accruing on such non-resident lands, and pay over the same to the special commissioner. Sec. 5. It shall be the duty of the special commissioner to render to the board of supervisors of each county at their annual session, a true account of the application and disbursement of the monies he may have received each year. Duty of. To account. |