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Act No. 217

pealed.

the removal of the State land office to the seat of government, ap- Section 5 of proved March 31, 1849, be and the same is hereby repealed; and of 1849 rethe office denominated "The Land Office of the State of Michigan,' in the act entitled "an aet to organize a land office and to regulate. Land office the sale of the public lands," approved March 6, 1843, be and the re-estab same is hereby re-established, the chief officer of which shall be called the Commissioner of the Land Office, as provided for in said last mentioned act.

lished.

Acts revi

Sec. 2. All the laws relative to the State land office which were in force at the time when the act to which this is amendatory took ved. effect, not contravening the provisions of this act, or the act to which this is amendatory, are hereby revived, and shall be, after the passage of this act, in full force.

Sec. 7 of act

1849 amen

Sec. 3. Section seven of the said first mentioned act is hereby amended by striking out all after the word "approved," in the fif- No. 217 of teenth line, to and including the word "deeds," in the sixteenth ded line, and inserting instead thereof the words "by the judges of the county court."

Sec. 4. This act shall take effect from and after its
Approved April 1, 1850.

passage.

[No. 215.

AN ACT to vacate the village plat of Royalton in Berrien county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the village plat of the village of Royalton in the county of Berrien, be and the same is hereby vacated; and hereafter the lands upon which said village was platted shall be assessed in the same manner as other lands are upon which no plats have been made: Provided, Said vacation shall not take place until the several proprietors of said village shall file with the register of deeds of said county, in writing, under their hands and seals, their assent to such vacation.

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

Approved April 1, 1850.

Duty of
Aud

Genl.

[ No. 216. ]

AN ACT to amend chapter 20 of title 5 of the revised statutes of 1846, in reference to deeds on tax sales.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That chapter twenty, title five of the reNew secti'n vised statutes of 1846, be and the same is hereby amended by adding at the end of said chapter, to stand as section 130, the following: "Sec. 130. In all cases of sales of land for taxes, if the purchaser or his assignee shall die before a deed shall be executed on such sale, the deed shall be executed by the Auditor General to and in the name of such deceased person, if such person, being still alive, would be entitled to the same; which deed shall vest the tax title in the heirs or devisees of such deceased person, in the same manner, and liable to the like claims of creditors and other persons, as if the same had been executed to such deceased person immediately preceding his death. And in all like cases which have heretofore occurred, the same rule shall apply; and all deeds heretofore issued in the name of any deceased person, who, if living at the time of the execution thereof, would have been entitled thereto, shall have the like effect as above provided."

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

Approved April 1, 1850.

[ No. 217. ]

AN ACT to incorporate the Homer and Jonesville Plank Road

Company.

Section 1. Be it enacted by the Senate and House of Representatives Theorpors of the State of Michigan, That George C. Munroe, E. O. Grosvenor,

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Ranson Gardner, Harvey Eggleston, Joseph Gibbs, Hiram Smith, and Vernon Parks, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Homer and Jonesville Plank Road Company; and the subscribers thereto, with such other peri sons as they shall associate with them for that purpose, their succesors and assigns, shall be and they are hereby created a body politie

and corporate, by the name and style of the Homer and Jonesville Plank Road Company, with corporate succession.

Sec. 2. Said company hereby created shall have the power to lay out, establish and construct a plank road, and all necessary buildings and appurtenances, from the village of Homer in the county of Calhoun, to the village of Jonesville in the county of Hillsdale, by the way of the village of Litchfield, with the right of uniting said road at any other point with the plank road of any other company.

Route.

Capital

Sec. 3. The capital stock of said company shall be thirty thousand dollars, to be divided into six hundred shares of fifty dollars each; and said company shall be subject to all general laws of this State now in force relative to plank roads, and the same are made a part provisions. of this act.

General

Duration of

Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage; but the Legislature may at charter. any time alter, amend or repeal this act by a vote of two-thirds of each Repeal. branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the Legislature that there has been a violation by the company of some of the provisions of law to which it is subject: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company, over and above all expenses, shall éxceed ten per cent. on the capital stock invested: Provided, There be no violation of the charter of said company.

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

Approved April 1, 1850.

[ No. 218. ]

AN ACT to incorporate the village of St. Clair.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all that part of the township of St. Clair, embraced within the following limits, to wit: commencing at the Worth east corner of private claim number:three hundred and five, at

Proviso.

Boundarien.

Election.

Officers.

Election; how conducted.

the river St. Clair; thence westerly along the north line of said private claim to the north-west corner of five acre out lot number six; thence southerly along the west line of five acre lots to the southwest corner of five acre out lot number (112) one hundred and twelve; thence cast along the south line of five acre lots to the northwest corner of out lot number ten (10;) thence south along the west line of said out lot number ten (10) to Pine river; thence along said river down stream to the south line of said village plat, as engraved. by J. G. Darby, of Buffalo, A. D. 1836; thence east along the south line of said village plat to the river St. Clair; thence along said river St. Clair up stream to the place of beginning, be and the same is hereby constituted a town corporate, to be known by the name of the village of St. Clair.

Sec. 2. The electors of said village may meet at some convenient place therein, on the first Monday of May next, and on the first Monday of May in each year thereafter, and proceed to the election, by a plurality of votes, of a president, recorder, six trustees, two assessors, a marshal and treasurer, who shall hold their offices réspectively for the term of one year, and until their successors are elected and qualified. And if an election shall not be held the day above named, the said corporation shall not be thereby dissolved, but said election may be held pursuant to notice given there for as hereinafter prescribed.

Sec. 3. At the first election, before opening the polls, the electors present shall choose, viva voce, two judges and a clerk of said election, who shall take the constitutional oath to discharge their duties; and at all subsequent elections, the president and trustees, or any two of them shall be judges, and the recorder clerk of the election. And at all elections under this act, the polls shall be opened between the hours of nine and ten in the forenoon, and close at five o'clock in the afternoon; and the election shall be conducted, the votes counted, and the result thereof declared publicly to the electors, in the manner prescribed for town elections; and the clerk shall make a record thereof, and within five days after the election notify the persons elected of their election.

Sec. 4. The president, recorder and trustees shall be the village Incorpora- council, and shall be a body corporate and politic, with perpetual succession, to be known by the name of the President and Trustees

tion,

of the village of St. Clair, and may have a common seal, which they Powers. may alter at pleasure; may sue and be sued, prosecute and defend, in any court: and when any suit shall be commenced against the corporation, the first process shall be a summons, which shall be served by leaving an attested copy with the recorder er his deputy, at least eight days before the return day thereof.

Sec. 5. The officers of said village, before entering upon their du- Oath. ties, shall take the oath prescribed by the constitution of this State for the faithful discharge of their respective duties.

Sec. 6. The president shall preside at all meetings of the coun- Meetings. cil and of the village, and in case of his absence the trustees shall choose one of their number to preside in his place; and it shall be the duty of the recorder to attend all such meetings, and keep a full and fair record of all the proceedings thereof, and to appoint a deputy, who, in his absence, shall perform all the duties of the recorder, his dutes and for whose acts the recorder shall be liable. Said appointment shall be under the hand and seal of the recorder, and said deputy shall take the above prescribed oath before entering on his du

ties.

Recorder;

Sec. 7. The president and trustees shall have power to establish General by-laws, rules and regulations for the government of said village, powers. and the same to alter, repeal or re-ordain at pleasure; to provide for the election of any subordinate officers that may be deemed necessary, and to prescribe their duties, and to prescribe the duties of the marshal and treasurer, and the fees they and the recorder shall receive for their services, and fix the necessary security for the performance of their duties; to prescribe reasonable fines and penalties for the violation of the by-laws and regulations of the corporation; to provide for security against fires; to provide for the construction of suitable side-walks, and for the improvement of the streets, lanes and ibid. alleys; to provide for the removal of nuisances and obstructions from the side-walks, streets, alleys, commons and all other places within said village: and for the preservation of the public health, they shall be a board of health for said village, and shall have the same powers for said village that township boards of health now have by law in their respective townships; and the recorder shall keep a record

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