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Sec. 6. This act shall take effect and be in force from and after

its passage.

Approved April 2, 1849.

[No. 261.]

AN ACT making appropriations for salaries of the State Officers for the year eighteen hundred and forty-nine.

judges and

Section 1. Be it enacted by the Senate and House of Represen- Salaries of tatives of the State of Michigan, That there be, and hereby are ap- state officers propriated out of any moneys in the treasury to the credit of the for 1849. general fund, not otherwise appropriated, the following sums: for the salaries of the governor and associate justices of the supreme court, fifteen hundred dollars each; for the salary of the chief justice of the supreme court, sixteen hundred dollars; for the salaries of the auditor general, state treasurer and commissioner of the state land office, one thousand dollars each; for the salary of the secretary of state, eight hundred dollars; for the salary of the attorney general, including his actual necessary expenses, eight hundred dollars; to the superintendent of public instruction, the sum of five hundred dollars; for the salary of the recorder of the land office, four hundred dollars; for the salary of the adjutant general, three hundred dollars; for the salaries of the deputy state treasurer and deputy auditor general, seven hundred dollars each; for the salaries of the two regular clerks of the auditor general, six hundred dollars each; for the salaries of the deputy secretary of state and deputy commissioner of the land office, and one clerk in said offico, five hundred dollars each.

Sec. 2. The sum of three hundred and fifty dollars is hereby ap. propriated from the general fund, and out of the last named appropriation the state treasurer is hereby authorized and directed to pay the private secretary of the governor, the sum of three dollars per day, during the session of the legislature, and for eight days there. after, to be paid on the certificate of the governor.

Sec. 3. This act shall take effect from and after its passage.
Approved April 2, 1849.

[ No. 262. ]

Road discontinued.

New road authorized.

State not liable there

for.

Expense

AN ACT to discontinue a certain road in the township of Athens, county of Calhoun, and for other purposes.

Section. 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That so much of a certain road running diagonally through the west half of the south east quarter and a part of the east half of the south west quarter of section thirty-two in the township of Athens, in the county of Calhoun, be and the same is hereby discontinued.

Sec. 2. The commissioners of highways of the said township, are hereby authorized to lay out and establish a highway, commencing at the south east corner of the west half of the south east quarter of said section thirty two, of said township; thence running west on the south line of said section, until it intersects the road west.

Sec. 3. The state shall in no way be liable for any expenses incurred or damages sustained by reason of this act, and in case the road mentioned in this act shall not be laid out and recorded within one year from its passage, then the provisions herein contained

shall be void.

Sec. 4. The expense of laying out and establishing the said how paid. road shall be paid according to existing laws relative to high

ways.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved April 2, 1849.

Aet amend

ed.

[No. 263. ]

AN ACT to amend an act entitled "An act to amend the Revised Statutes of 1846 concerning the assessment and collection of taxes," approved March 17th A. D. 1847.

Section 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That section six of an act entitled "an act to amend the revised statutes of 1846, concerning the as, assessment and collection of taxes," approved March 17th, A. D. 1847, be amended by inserting after the word "attorney," in the fourth line of said section the words "county judge or circuit court commissioner."

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

its passage.

Approved April 2, 1849.

[No. 264. ]

AN ACT amendatory to the charter of the Detroit, Romeo and
Port Huron Railroad Company, and amendments thereto.

Section 1. Be it enacted by the Senate and House of Represen- Act amendtatives of the State of Michigan, That the Detroit, Romeo and ed. Port Huron railroad company, are hereby empowered and fully authorized to agree or arrange with any rail road corporation, for a guarantee of any bonds, mortgages, or other evidences of debt, that may be issued or made by the said Detroit, Romeo and Port Huron railroad company; and the said railroad company or com panies that may become guarantors for the said Detroit, Romeo and Port Huron railroad company, are hereby fully empowered so to do.

Sec. 2. This act shall take effect, whenever the president of said railroad company shall file an instrument in writing, accepting the same, in the office of the secretary of state.

Approved April 2, 1849.

[No. 265.]

AN ACT relative to Elections.

in case of

election of

the legisla

ture and Co.

officers.

Section 1. Be it enacted by the Senate and House of Represen- Proceedings taties of the State of Michigan, That whenever in elections of tie vote for members of the state legislature, or county officers, it shall appear members of on the legal canvass of the votes, that two or more persons have received an equal number of votes, and that a failure to elect to any office is caused thereby, such persons shall draw lots for election to such office in the manner following: the proper board of canvassers in each case shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons. The officer before whom said drawing is to take place

shall prepare as many slips of paper as there are such persons, and write the word "elected" on as many of said slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that all may appear as nearly alike as possible; said slips shall all be placed in a box and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box, and any such person drawing a slip in which is written the word "elected" shall be deemed legally elected to the office in question; and the officer conducting such drawing shall forthwith give him a certificate of such election.

Sec. 2. Drawing of lots under the provisions of the preceding section, shall take place before the following officers: for the office of state senator, before the county clerk of the county where the senatorial canvass is held; for the office of representative in the legislature, and for any county office, before the county clerk of the county where each case shall arise: Provided, That in cases where the office of county clerk is in question, the drawing shall take place before the sheriff of the county.

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

Approved April 2, 1849.

Act amand

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[ No. 266. }

AN ACT to amend an act appropriating certain internal improve ment lands for the benefit of the Holland colony and other immi grants now settling in the counties of Ottawa and Allegan.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That sections three, four, five, six, seven and eight, of an act appropriating certain internal improvement lands for the benefit of the Holland colony and other immigrants now settling in the counties of Ottawa and Allegan, approved February 3d, 1848, be and the same are hereby repealed, and the following sections are substituted in lieu thereof, to wit:

"Sec. 2. For the purpose of carrying this act into effect, Henry ma. D. Post, of Holland, Ottawa county, Hiram Jennison, of Georgetown, Ottawa county, and Ira Chaffee, of Allegan, Allegan coun

ty, be, and they are hereby appointed commissioners to take special charge of the several works contemplated by this act, as follows, to wit: Henry D. Post is hereby authorized to take charge of the road leading from Grand Haven, in the county of Ottawa, to said colony, also of the work designed and contemplated in this act of appropriation, in constructing a suitable and substantial wharf or pier upon the eastern shore of lake Michigan, at the mouth of North Black river, in the county of Ottawa; also to take charge of all that portion of the lands appropriated by said act and yet unexpended, and that contracts have not been drawn against by Flavius J. Littlejohn, the present commissioner, for the several works, allotted by this act, to his charge.

Sec. 3. Hiram Jennison is hereby authorized to take special charge of the road contemplated in this act of appropriation, leading from Grandville, in the county of Kent. to the said Holland colony, in the county of Ottawa, and of all that part of the lands appropriated, for the purpose of improving said road that has not been expended, or contracts drawn against by Flavius J. Littlejohn, the present commissioner.

Sec. 4. Ira Chatee is authorized to take special charge of the road contemplated by the act of appropriation, leading from the village of Allegan, in the county of Allegan, to said colony, and of all that part or portion of the lands appropriated, for the purpose of improving said road, that has not been expended or contracts drawn against, by Flavius J. Littlejohn, the present commissioner; it shall also be the duty of the said commissioner to cause a re-survey of said road last named, commencing at the south termination of the road leading from the village of Grand Haven to the colony afore said, and lay the same on the most direct and feasib'e route, from said colony, to the village of Allegan, so that the road shall be a continuous line from the village of Grand Haven to the village of Allegan.

Ibid.

Ibid.

duties of

Sec. 5. Said commissioners shall have the full control and man- Powers and agement of the several improvements in this act specified, and shall said com'rs. have power to let out, by contract, the erection of said wharf or pier and the opening and working said roads, to the lowest bidder, or upon the lowest offer or terms they can get offered by or to any person, who shall execute and deliver to said commissioners, or any

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