[ No. 114. ] AN ACT to provide for laying out and establishing a State road in the counties of Lapeer and Tuscola. sioners ap SECTION 1. The People of the State of Michigan enact, That William W. Barber and Zebard June, be and they are hereby Commisappointed commissioners to lay out and establish a State road, pointed. commencing on the township line between the townships of Attica and Arcadia, at or near the south-west corner of section thirty-six, in township number eight north, of range number eleven east, in the county of Lapeer, thence running north on the section line as nearly as the nature of the ground will permit, to a point on the north line of Lapeer county, thence northerly on the most eligible route to the forks of Cass river, in Tuscola county. commissi'n Sec. 2. It shall be the duty of said commissioners, on or before Duty of the first day of September next, to proceed to lay out and estab-ers. lish said road, and cause the same to be surveyed, and a description thereof to be filed with each of the township clerks of the townships through which said road may pass, whose duty it shall be to record the same, and such record shall be prima facie evidence of the legal existence of said road. when dama claimed. Sec. 3. That in all cases in which damages may be claimed Proceedings by reason of laying out and establishing said road, the same ges are proceeding shall be had thereon as may be required by the laws in force at the time such claim is made, for the assessment of damages in case of roads laid out by highway commissioners. Sec. 4. For the purpose of constructing said road, there is Appropriahereby appropriated all the non-resident highway tax one mile each side of the line of said road, for the term of three years from the passage of this act. tion. Sec. 5. The State shall not be liable for any expense or Expense, how paid. damage sustained by reason of this act, but the said township of Arcadia, and all other townships through which said road shall pass, shall pay for the necessary surveys and expenses, and also pay the commissioners the same compensation as is now by law allowed commissioners of highways. Taxeste ceived to be missioners. Sec. 6. Any overseer of highways, or any township treasurer, paid to com- having received any portion of said tax, by way of commutation or otherwise, shall, on demand of such special commissioners, pay over to such commissioner any sums so received, and the receipt of such commissioners shall release such overseer or treasurer from any further liability therefor. Commissioners, report of. Commis sioners to Sec. 7. It shall be the duty of such special commissioners to render to the board of supervisors of said county, at their annual session, a true account, on oath or affirmation, of the application and disbursement of all money received by them in such townships respectively, in each year. Sec. 8. The said special commissioners, before they shall be give bond. entitled to receive any moneys so collected as aforesaid, shall each make and execute to the county treasurers of the counties of Lapeer and Tuscola, respectively, a bond in the sum of one thousand dollars, with one or more sureties, conditioned that they will faithfully apply all moneys received by them in virtue of this act, which bonds, with such sureties as the treasurer of said county shall direct and approve, shall be deposited by the said commissioners in the office of the clerk of said county. Vacancies, how filled. Sec. 9. In case either of the special commissioners shall neglect or refuse to act, or if any vacancy in the office of commissioner shall occur under this act, the same shall be filled by the board of supervisors of the county in which such vacancy occurs; and any commissioner appointed by such board of supervisors shall be subject to and perform all the requirements of this act. Approved March 17, 1863. [ No. 115. ] AN ACT to authorize the Mount Clemens and Romeo plank road company to discontinue a portion of their road, and for other purposes. SECTION 1. The People of the State of Michigan enact, That the Mount Clemens and Romeo plank road company may, by a uance of rized. majority vote of the stock represented at any regular meeting Discontin of said company, discontinue any part of their plank road, and road authoalso may gravel any part of their said plank road: Provided, That nothing in this section contained shall authorize the Proviso. removal of the plank from any portion of said road except such portions of the same as they shall gravel: Provided, That the said company shall not be entitled to receive or recover toll on any part of said road unless the same shall be kept in good smooth condition for travel. of part discontinued to be re corded. Sec. 2. In case said company shall, under the provisions of Descripti'ns this act, discontinue any part of said plank road, the directors of said company shall, within sixty days after the vote discontinuing the same, cause to be recorded in the office of the register of deeds in each county wherein any portion of said road shall be so discontinued, a description of such parts of the said road as shall have been discontinued. Sec. 3. This act shall take immediate effect. [ No. 116. ] AN ACT to confer certain forfeited lands, right and privileges, upon the Marquette and Ontonagon railroad company, incorporated January second, eighteen hundred and sixty-three, which were granted in the year eighteen hundred and fiftyseven to the Marquette and Ontonagon railway company, by "an act disposing of certain grants of land made to the State of Michigan for railroad purposes by act of Congress, approved June third, eighteen hundred and fifty-six," approved February fourteenth, eighteen hundred and fifty-seven. clared for SECTION 1. The People of the State of Michigan enact, That the lands, franchises, rights, powers and privileges granted to the Lands deMarquette and Ontonagon railway company, by "an act dis-feited. posing of certain grants of land made to the State of Michigan for railroad purposes by act of Congress, approved June third, eighteen hundred and fifty-six," approved February fourteenth, Grant to the gon railroad Proviso. eighteen hundred and fifty-seven, and continued to said com pany by the several acts amendatory thereof, are hereby de clared to be forfeited to the State for non-performance of the conditions contained in said acts. Sec. 2. All the lauds, franchises, rights, powers and privileges and Ontona heretofore granted to the Marquette and Ontonagon railway company company, by the said act approved February fourteenth, eighteen hundred and fifty-seven, and the several acts amendatory thereof, are hereby granted to the Marquette and Ontonagon railroad company, incorporated January second, eighteen hundred and sixty-three: Provided, That said railroad company pay to the directors of the Marquette and Ontonagon railway company, for its surveys, maps and field notes, such sum, in money, or in lands from said grant, as the board of State auditors shall decide, on a hearing of the parties, to be just and fair; and said board shall determine whether said sum shall be paid in money or in land, and if in land, they shall appoint an agent to select and appraise the same, at the expense of the parties. Obligations and privi Sec. 3. The said Marquette and Ontonagon railroad company leges of Co. shall be subject to all the obligations, restrictions and require. ments, and shall enjoy all the rights, privileges and immunities granted to said railway company by the several acts aforesaid, which are not inconsistent with this act. Duties of company. Point of commencement of road. Sec. 4. It shall be the duty of said railroad company, on of before the first day of December next, to locate the line of its railroad, and to make and file the necessary maps required by section six of the said act, approved February fourteenth, eighteen hundred and fifty-seven. Sec. 5. The said railroad company is authorized to commence the first section of said railroad at a point in the line of the Bay de Noquet and Marquette railroad, near the Lake Superior Twenty iron mine; and the said company shall complete, and put completed good running order, twenty continuous miles of said road, com‐ mencing at the Lake Superior iron mine aforesaid, within two miles to be within two years from July next. in years from the first day of July next, and twenty miles a year, each year thereafter, until the remainder is completed. Approved March 17, 1863. [ No. 117. ] AN ACT to change the name of the township of Allison, in SECTION 1. The People of the State of Michigan enact, That the name of the township of Allison, in Lapeer county, be and Name the same is hereby changed to Burnside. Approved March 17, 1863. changed. [ No. 118. ] AN ACT to authorize the Governor to appoint a commissioner for the west part of the Sand Beach and Bay City State road, and to allow said commissioner to contract and work said road from the west. SECTION 1. The People of the State of Michigan enact, That the Governor is hereby authorized to appoint a commissioner Governor to for that part of the Sand Beach and Bay City State road, west commisof the Pine Bog river. appoint a sioner. be let from line of Hu Sec. 2. Said commissioner is hereby authorized to contract Contracts to and work said road from the west line of Huron county: Pro- the west vided, The contracts shall be let in consecutive sections, from ron county. west to east. sioner sub · visions of Sec. 3. Said commissioner shall construct said road according Commisto the provisions of act number one hundred and seventeen of ject to prothe session laws of eighteen hundred and fifty-nine, and all acts former acts. amendatory thereto, not inconsistent with this act. Sec. 4. This act shall take immediate effect. Approved March 17, 1863. |