[ No. 79. ]

AN ACT to amend an act entitled "an act to amend chapter 150 of the revised statutes of 1846, it being chapter 175 of the compiled laws, and to authorize the salary of judges of probate," approved February 15, 1859, and an act amendatory thereto, approved January 17, 1862.

a mended.

SECTION 1. The People of the State of Michigan enact, That sections two and four of an act entitled "an act to amend chapter Section one hundred and fifty, of the revised statutes of 1846, it being chapter one hundred and seventy-five of the compiled laws, and to authorize the salary of judges of probate," approved February fifteenth, eighteen hundred and fifty-nine, be amended so as to read as follows:

probate

determined

Sec. 2. Said salary shall be fixed and determined by the Salary of board of supervisors of each county, and in the county of judge; how Wayne by the board of county auditors: Provided, That such salary in any county shall not be less than one hundred nor more than one thousand five hundred dollars, except in the county of Wayne, where it shall not exceed two thousand five hundred dollars.

amended.

administra

Sec 2. Section four of said act, being section one of an act Section amendatory thereto, approved January seventeenth, eighteen hundred sixty-two, shall be amended so as to read as follows: Sec. 4. In all cases of granting letters testamentary, and of Letters of administration, and letters of guardianship, under any law of tion. this State where, by the provisions of law, an inventory and appraisement of property is required, the executor, administrator or guardian receiving such letters shall, at the time of making and returning such inventory, pay into the treasury of Estate to the proper county an amount equal to one per cent. upon the cent. into amount of such inventory and appraisement, required by law to be made and returned to the probate court in such cases, and the receipt of the county treasurer therefor shall be filed in the office of the probate judge, and there shall be no other or further steps taken in the case until said amount is so paid into

pay one per

county

on neglect

to pay.

Proceedings the county treasury, and the receipt filed as aforesaid; and if [any] executor, administrator or guardian shall neglect or refuse, for the space of thirty days after the time above limited, to pay such amount and file such receipt, as provided in this section, the judge of probate shall have power, and it shall be his duty, to enter an order in said case, reciting the fact, and annulling the letters so granted; and on proper application he shall proceed to appoint an administrator, or administrator with the will annexed, or guardian, as the case may be, in place of the one thus removed, in the same manner, and with like effect, as if there had been none appointed in the case.

ized.

Sec. 3. This act shall not be construed to effect or supersede the provisions of the existing law relative to the salary of probate judges, during the term for which the present judges of probate were elected.

Approved March 11, 1863.

[ No. 80. ]

AN ACT to authorize the supervisors of the county of St. Joseph to levy and collect a tax therein, for the purpose of paying bounties to the volunteers enlisted therefrom in the military service of the United States, and for refunding moneys advanced by subscription to the county bounty fund. SECTION 1. The People of the State of Michigan enact, That Tax author- the supervisors of the county of St. Joseph are hereby authorized and required to raise a tax, and authorize the collection thereof, upon the taxable property of said county, sufficient for the refunding of such sums of money as have been raised and advanced, by subscriptions, to the soldiers' county bounty fund, and for the payment of such other sums as have been pledged by the county, to the soldiers enlisted into the service of the United States since the first of July, A. D. eighteen hundred and sixty-two: Provided, That no tax shall be so raised to refund any sum paid or advanced, as aforesaid, unless the same was so paid or advanced to some person or committee, appointed by a public meeting of the citizens of said county, with

Proviso.

the understanding that the same should be refunded whenever said county should be legally authorized to raise a tax to refund the same.

Approved March 11, 1863.

[ No. 81. ]

AN ACT to authorize the Auditor General to pay Theron Bostwick the money erroneously paid on redemption and sale of certain lands.

money au

thorized.

SECTION 1. The People of the State of Michigan enact, That the Auditor General be and hereby is authorized and required Return of to return to Theron Bostwick the money received on the redemption and sale of certain lands, for the taxes of eighteen hundred and fifty-eight and eighteen hundred and fifty-nine, and the interest thereon, on presentation of the redemption certificates and certificates of purchase, or satisfactory evidence, by affidavit, that they have been destroyed, and that he was at the time of such destruction, and still is, the lawful owner thereof: Provided, He shall find, by the records and returns in his office, Proviso. that said Theron Bostwick would be justly entitled thereto on presentation of such certificates.

Sec. 2. This act shall take immediate effect.
Approved March 11, 1863.

[ No. 82. ]

AN ACT to amend section one of "an act to incorporate the village of Dundee," approved February tenth, eighteen hundred and fifty-five.

amended.

SECTION 1. The People of the State of Michigan enact, That section one of "an act to incorporate the village of Dundee," Section approved February tenth, eighteen hundred and fifty-five, be and the same is hereby amended so as to read as follows:

SECTION 1. The People of the State of Michigan enact, That all that tract of country situated in the township of Dundee, in

Boundaries. the county of Monroe, known and designated on the plats in the land office of Monroe district, as the north fraction of the southeast fractional quarter of section thirteen, and the south fraction of the south-east fractional quarter of section thirteen, in township six south of range six east, and so much of the northeast fraction of said section, being a part of the Macon Reserve (so called) as lies south of the centre of said section; also the plat known as the Daniel Fish plat-excepting therefrom, however, all that part of the Van Nest plat (so called) lying on the south side of the river Raisin, and on the east side of Mason street, being village lots numbered seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twentyfour, twenty-five, twenty-six, twenty-seven, twenty-eight, thirtynine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty-six and forty-seven-be and the same is hereby constituted a town corporate, by the name of the village of Dundee. Sec. 2. This act shall take immediate effect. Approved March 11, 1863.

[ No. 83. ]

AN ACT to appropriate certain taxes for the improvement of a certain road in the counties of Eaton and Barry.

SECTION 1. The People of the State of Michigan enact, That Appropria- for the purpose of improving the principal road leading from the

tion of tax. village of Hastings, in the county of Barry, to the north-west

Commis

sioners, du ties of.

corner of section four, in the township of Chester, in the county of Eaton, all highway taxes, not otherwise appropriated, that shall be assessed upon the legal subdivisions of non-resident lands of not more than forty acres, any portion of which lies within one mile from the centre of said road, be and the same is hereby appropriated for the construction and improvement of such road, for the period of five years from the time this act takes effect, to be expended as hereinafter provided.

Sec. 2. That Orrin M. Wells, of Eaton county, and Seymour Andrews, of Barry county, be and they are hereby appointed

special commissioners, whose duty it shall be to superintend the expenditure of such sums of money as may be collected from time to time, and received by them, for the benefit and improvement of said road, and to direct and determine the manner in which the same shall be done; and all moneys assessed and collected in any surveyed township through which the said road is laid shall be expended in the same, together with the moneys collected in any adjoining township, on either side of said road.

fore receiv

paid over to

sioners.

Sec. 3. Any overseer of highways, or any township treasurer, Tax hereto having received any portion of said tax, by way of commuta-ed to be tion or otherwise, shall, on demand of either of such special commiscommissioners, pay over to such commissioner any sums so received, and the receipt of such commissioner shall release such overseer or treasurer from any further liability therefor.

sioners to

al report.

Sec. 4. It shall be the duty of such special commissioners to Commisrender to the board of supervisors of their respective counties, make annuat their annual session, a true account of the application and disbursement of all money received by them respectively, in their respective counties, in each year.

bonds.

Sec. 5. The said special commissioners, before any moneys so To give collected, as aforesaid, shall be received by them, shall each make and execute to the people of this State, a bond in the sum of two thousand dollars, conditioned that they will faithfully apply all moneys received by them in virtue of this act, which bonds, with such sureties as the treasurers of their respective counties shall direct and approve, shall be deposited by the said commissioners in the office of the clerk of their respective counties. Sec. 6. The said special commissioners shall each receive, as Compensacompensation for their services, one dollar per day while actually commisengaged in the service of said road, which amount shall be audited by the board of supervisors of the respective counties, and shall be paid out of the fund created by this act. Sec. 7. Any vacancy in the office of commissioner under this vacancies, act, shall be filled by the board of supervisors of the county in which such vacancy occurs; and any commissioner appointed

tion of

sioners.

how filled.