Proceedings of person entitled to the benefit of such es tate. Court of probate to authorize such transfer. or trustees in such State holden upon the same trust, confdence and limitation as the same is holden in this State under the will of the testator, and under the same securities as the trustee or trustees hold the same in this State. Sec. 2. The person or persons entitled to the benefit of such estate shall first procure the appointment of a trustee or trustees in the State where such beneficiary resides, to receive and hold such estate, and shall obtain a copy of such appointment, certified conformably to the act of Congress relating to the certification of judicial proceedings between one State and another, and file the same in the probate court where such will was proved and approved; and shall also proffer a petition to said court, asking the court to direct the transfer and delivery of such trust estate to a trustee or trustees so appointed in another State. Sec. 3. The court of probate aforesaid may, at its discretion, authorize and direct such transfer, assignment and delivery of such trust estate to the said trustee or trustees so appointed in another State, and said trustee or trustees of such estate, after such assignment and delivery of such estate, shall procure a Acknowl- written acknowledgment of the reception of such estate, and reception of the same being recorded in the probate court where such will was proved and approved, the trustee or trustees in this State shall be thereafter discharged from the care and responsibility of the said trust. edgment of estate. Approved March 17, 1863. [ No. 127. ] AN ACT supplementary to an act entitled "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, and acts amendatory thereto. SECTION 1. The People of the State of Michigan enact, That the grant of lands conferred by the board of control upon the Pe lands confirmed. ninsula railroad company, under authority of an act approved Grant of March fourth, eighteen hundred sixty-one, and upon the relocated route authorized for military purposes by resolution of Congress, approved July fifth, eighteen hundred sixty-two, is hereby confirmed unto the said Peninsula railroad company: Provided, It shall construct the railroad referred to according Proviso. to the requirements of the act and resolution of Congress herein referred to. Approved March 18, 1863. [ No. 128. ] AN ACT to punish desertion, to prevent improper interference with the military, and to promote discipline therein. desertion. SECTION 1. The People of the State of Michigan enact, That if any commissioned officer, non-commissioned officer, musician Penalty for or private, shall desert the service of the United States, or of this State, he shall, unless claimed and punished under the authority and by the law of the United States, upon conviction thereof [in any court of this State,] be imprisoned in the State prison or county jail for a period not exceeding two years; and it shall be the duty of any sheriff, under sheriff, deputy sheriff, Duty of sheriff, etc. constable, city or village marshal, to arrest any such deserter wherever he may be found in this State, whenever such officer shall have knowledge, or reasonable evidence, by affidavit, of such desertion, and shall thereupon forthwith notify the Adjutant General of this State. inciting any desert. Sec. 2. If any person, during any war, rebellion or insurrec- Penalty for tion against the United States, or against this State, shall person to maliciously and advisedly endeavor to seduce any person or persons serving in the forces of this State, or of the United States, by land or water, from his or their duty and allegiance, or to incite or stir up any such person or persons to commit any act of mutiny, or to desert, he shall, on conviction, be punished by imprisonment in the State prison for a period not exceeding five years. Penalty for Sec. 3. If any person, during any war, rebellion or insurrec embezzling military tion against the United States, or against this State, shall will stores, etc., war. in time of fully and maliciously embezzle, steal, injure, destroy or secrete any arms or ammunition, or military stores or equipments, of the United States, or of this State, or of any officer, soldier e soldiers in the service of the United States, or of this State, or shall willfully and maliciously destroy, remove or injure any buildings, machinery or material used or intended to be used in the making, repairing or storing of any arms, ammunition or military stores or equipments for the service of the United States, or of this State, whether such buildings, machinery or material be public or private property, he shall, on conviction, be punished by imprisonment in the State prison for a period not exceeding five years, or by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars. Penalty for resisting, or Sec. 4. If any person, during any war, rebellion or insurrec inciting re- tion against the United States, or against this State, shall sistence to military draft. Penalty for] harboring deserters. forcibly resist any military draft ordered by the authority of the United States, or of this State, or shall incite, encourage or command any other person or persons so to resist such draft, or shall unlawfully and willfully dissuade, discourage or endeavor to hinder any other person or persons from volunteering, enlist ing or mustering into the military service of the United States, or of this State, or shall forcibly resist, or attempt to resist, such volunteering, enlisting or mustering into such service, he shall, on conviction thereof, be punished by imprisonment in the State prison or county jail for a period of not more than one year, or by a fine not exceeding five hundred dollars. Sec. 5. Any person who shall conceal or harbor any soldier or volunteer enlisted in the service of the United States, or of this State, knowing him to have deserted, and with intent to aid him in such desertion, or shall refuse to deliver him up to the orders of his commanding officer shall, on conviction thereof, be imprisoned at hard labor in the State prison for a period of ot more than two years, or by a fine not exceeding five hunred dollars. desertion been sworn Sec. 6. Any person who shall have enlisted into the service Penalty for Sec. 7. This act shall take immediate effect. [No. 129. ] AN ACT for the construction of a State road from the east centre line of the township of Bloomer, in Montcalm county, by the way of Follett and Shoemaker's mill, in the township of Fair Plains, to the village of Greenville, in said county. sioner ap SECTION 1. The People of the State of Michigan enact, That Aaron Lyon be and he is hereby appointed a commissioner to Commislay out and establish a State road from the east centre line of pointed. the township of Bloomer, in Montcalm county, by the way of Follett and Shoemaker's mill, in the township of Fair Plains, to the village of Greenville, in said county. tion of high. Sec. 2. That the highway taxes upon the non-resident lands Appropriaalong the line of said road, for two miles in each direction there way taxes. from, from the most easterly point of said road to the west line of section seventeen, in the town of Fair Plains, and that three sections of swamp lands be and the same are hereby appropriated for the construction and improvement of said road, subject to the terms and conditions of the act of Congress donating the same; said non-resident taxes shall be appropriated for said road for a period of five years from the first day of January, one thousand eight hundred and sixty-four, to be expended as hereinafter provided. Taxes re ceived to be missioner. Sec. 3. Any overseer of highways within any township paid to com- through which such road may run, or any township treasurer thereof, having received any portion of such non-resident highway tax for any portion of the period above specified, by way of commutation or otherwise, shall, on demand of the special commissioner herein before named in this act, pay over to him any sum so received, and the receipt of said commissioner shall release such overseer or treasurer from any liability therefor. Duty of commissioner. Proviso. Report of commissioner. Commissioner to Sec. 4. It shall be the duty of such special commissioner to superintend the expenditure of such sums of money as may be collected and received by him for the benefit and improvement of said road, and direct the manner the same shall be applied: Provided, That the said special commissioner shall lay out said road in accordance with the provisions of the general highway law, so far as the same relates to assessing damages to private property over which said road may pass. Sec. 5. It shall be the duty of said special commissioner to render to the board of supervisors of the county of Montcalm, at their annual session in each year, a true account, verified by his oath or affidavit, of the application and disbursement of all money that he may have received for constructing said road. Sec. 6. Before the said special commissioner shall enter upon give bond. the duties of his office, he shall execute to and file with the treasurer of Montcalm county a bond, with one or more sureties, to be approved by said treasurer, in double the amount estimated to come into his hands by virtue of his office, conditioned for the faithful performance of his duties as such commissioner. Compensa tion of com Sec. 7. The said special commissioner shall receive, as com missioner. pensation for his services, one dollar and fifty cents per day while actually engaged as such commissioner, which amount shall be audited by the board of supervisors of Montcalm county, and paid out of the fund created by this act; and the account of said commissioner shall be verified by his oath or affidavit. |