such injury shall exceed twenty-five dollars, shall be punished by imprisonment in the State Prison not more than five years, or by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment, and if the damage done shall not exceed twenty-five dollars, he shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. Approved March 16, 1877. [ No. 32.] AN ACT to amend compiler's section three thousand and fiftyseven, being section four of chapter one hundred and eight of the compiled laws of eighteen hundred and seventy-one, relative to the notice of the election of trustees of religious societies. SECTION 1. The People of the State of Michigan enact, That Section compiler's section three thousand and fifty-seven, being section four amended. of chapter one hundred and eight, of the compiled laws of eighteen hundred and seventy-one, relative to the notice of the election of the trustees of religious societies, be and the same is hereby amended so as to read as follows: (3057). SEC. 4. The minister, priest, rector, curate, parson, Notice of elecor officiating clergyman, of such congregation or society, or if none tion, how given. of them be present, one of the elders, or deacons, church wardens, or vestrymen thereof, and for want of such officers, any other person being a member or stated hearer in such church, congregation, or society, shall publicly notify said congregation of the time when, and the place where, any election shall be held, and such notification shall be given for two sucessive sabbaths on which such church, congregation, or society, shall statedly meet for public worship next preceding the election. SEC. 2. This act shall take immediate effect. [No. 33. ] AN ACT to amend section four thousand two hundred and fiftyseven of the compiled laws of eighteen hundred and seventy-one, and act number forty-six of the session laws of eighteen hundred and seventy-five, approved March twentieth, eighteen hundred and seventy-five, to provide for recording patents of lands, and for other purposes. amended. SECTION 1. The People of the State of Michigan enact, That Section section four thousand two hundred and fifty-seven, of the compiled laws of eighteen hundred and seventy-one, and the amendment to said section, being act number forty-six of the session laws of eighteen hundred and seventy-five, approved March twentieth, eight Register to record patents or certified copies thereof. Secretary of State to record patents. Existing records, etc., legalized. Grant of land to of railroad. and where situa een hundred and seventy-five, to provide for recording patents for lands and for other purposes, be and the same is amended, so as to read as follows: (4257.) SEC. 1. It shall be the duty of the registers of deeds, in the several counties of this State, to receive for record, and record all patents of lands, from the United States, or this State, or any copy thereof, duly certified by the commissioner of the United States General Land Office, or by the Secretary of State of this State, or other officer having the legal custody of the records of any such patents, in the same manner and with like effect, as by existing law he is required to receive and record deeds and conveyances; and it shall be the duty of the Secretary of State of this State, to record all patents of lands issued by this State, in suitable records; and the existing record of patents, in the office of the Secretary of State of this State, and all copies of the record of patents heretofore made and certified to by the Secretary of State of this State, and recorded by the register of deeds of any county of this State are hereby declared legal records, and shall have the same force and effect as if recorded after the passage of this act, and such certified copies of the record of patents heretofore recorded in the office of said Secretary of State, and the record of such certified copies may be read in evidence in all courts of this State, with the same force and effect as the original patents. SEC. 2. This act shall take immediate effect. [No. 34. ] AN ACT to promote the early construction of a railroad through the Menominee Iron Range. SECTION 1. The People of the State of Michigan enact, That for tion contra. the purpose of encouraging the early construction of a railroad from Escanaba westerly by way of Spalding, thence northwesterly through the Menominee Iron Range as far west and south as section thirtyfour, town forty north, of range thirty west, and from thence to the Michigamme river, and for the purposes of drainage and reclamation, the State hereby grants to the Menominee River Railroad Company to aid in the construction of portions of such railroad on Extent of grant the line aforesaid, to the extent of seven sections per mile of said railroad, to be selected from the vacant and unreserved State swamp lands belonging to this State, in any portion or portions of the counties of Menominee and Delta, except in range eighteen west, being the eastermost range in Delta county, for the construction of that portion of said railroad from Spalding, in Menominee county, to the north line of said Menominee county, and to be selected from the vacant and unreserved State swamp lands belonging to this State which then shall still remain vacant and unreserved in the counties of Menominee and Delta, except in range eighteen (18) west as aforesaid, for the construction of that portion of said railroad from ted. vest in company.. the said north line of Menominee county to the Michigamme river, but the title to the lands so granted shall not vest in said company When title to until said railroad, or the portions thereof as hereinafter provided, shall be completed and accepted, and in amounts proportionate to the number of miles so completed and accepted. revert to State. SEC. 2. Should said railroad company, accepting the provisions of When lands to this act, its successors or assigns, fail to construct twenty consecutive miles of its line of railroad before the first day of January, in the year of our Lord eighteen hundred and seventy-eight, and ten miles of railroad each year thereafter, then all grants of land herein made for that portion of the line not completed within the time specified herein, shall revert to the people of this State: Provided, however, Proviso. That if said railroad company shall in any one year construct more than the number of miles of railroad herein before required to be constructed in such year, the excess shall be credited to said company on account of the amount of railroad required to be built by it in the next succeeding year or years, and said company shall be entitled to receive of the lands hereby granted an amount of lands equivalent to seven sections for each mile of road so actually constructed: Provided Proviso. further, That no lands shall be granted to said railroad company for any railroad or portion of railroad now built east of said Spalding, in the counties of Menominee and Delta, nor for the construction of side tracks, switches, or branches. be deposited with Secretary of State and Commissioner of Land Office. SEC. 3. The said railroad company accepting the provisions of this Plats of route to act shall deposit within sixty days after the passage of this act a plat or map of the first twenty miles or more of said railroad northwesterly from Spalding upon the route indicated, and thereafter from time to time when it shall have actually surveyed and adopted the line of each succeeding ten miles or more of said railroad, a plat or map thereof in the office of the Secretary of State, and duplicates of all such plats or maps with the Commissioner of the State Land Office: Provided, That any plat or map heretofore filed with said officers Proviso-plats by said railroad company may be refiled within sixty days after the heretofore filed passage of this act by written notice to such effect from said railroad company to said officers, and such refiling shall be considered and taken to be a proper filing of such plat or map in accordance with this act. may be refiled. withdraw land SEC. 4. It shall be the duty of the Commissioner of the State Commissioner to Land Office, upon the passage of this act, and the acceptance of the from market. provisions hereof by said company as in this act provided, to withdraw from sale all the vacant and unreserved swamp lands belonging to this State in the counties of Menominee and Delta, excepting in range eighteen aforesaid, until said railroad company shall have filed with said Commissioner a list or lists of said lands so selected by it for the construction of its line of road: Provided, The list or Proviso-when lists of said lands so selected for the construction of each portion filed. of the said line of railroad shall have been so filed with the said Commissioner within one year from the date of the deposit of the plat of such portion of its said line of railroad with said Commissioner. list of land to be Lands selected and other lands ket. SEC. 5. Upon the filing of all of the lists of said swamp lands so withdrawn from, selected by said railroad company with the Commissioner of the restored to, mar- State Land Office as aforesaid, it shall be his duty to continue withdrawn from sale the swamp lands embraced in said lists to the extent and amount of seven sections per mile of the whole of said line of railroad, according to the filed plats or maps thereof so proposed to be constructed by said railroad company, to be disposed of according to the provisions of this act, and to restore all remaining unselected by said railroad company of said lands so withdrawn to the same condition they were in before such withdrawal from sale, for the purpose of sale or entry. Lands granted exempt from taxation five years. What lands granted. How road shall be constructed. Governor to examine road, issue patents, etc. When act to become obligatory. Proviso. SEC. 6. All lands granted by this act to aid in the construction of said line of railroad shall, while they continue to be held by said railroad company, remain exempt from any tax levied for State, county, township, or any other purpose for the the term of five years from and after the date that said railroad company shall become entitled to said lands. SEC. 7. The lands granted by this act are and shall be taken and construed to be the same lands heretofore granted to the said Menominee River Railroad Company, and which remain withdrawn from sale under the provisions of act number two hundred and twenty-seven of the public acts of eighteen hundred and seventy-five, entitled "An act to promote the early construction of a railroad through the Menominee Iron Range," omitting therefrom the State swamp lands in range eighteen (18) west, as herein before excepted. SEC. 8. The said railroad shall be of first-class construction, with not less than twenty-six hundred cross ties per mile, laid with iron or steel rails of not less than fifty-six pounds per yard, joined by fish plates, and of the gauge of four feet and eight and one-half inches. SEC. 9. Before any lands shall be conveyed under the provisions of this act by the Governor, he personally, or by some authorized agent, upon notification by said railroad company that the required number of miles or more has been completed within the time provided by this act, shall examine such section of completed railroad, and if after full examination he shall approve of the construction thereof, it shall be his duty to certify the same to the Commissioner of the State Land Office, and patents shall be issued to the said railroad company for the construction of such completed portion of said line of railroad, by the Governor, for the lands to the amount provided in this act, and thereafter in like manner he shall examine and upon approval issue patents for each section of railroad actually constructed in compliance with the terms of this act, until the completion of the whole of the said line of railroad. SEC. 10. Upon the filing by said railroad company in the office of the Secretary of State of a notification of its acceptance of the provisions of this act, the same shall thereupon become obligatory upon the State as well as upon said company: Provided, That said notification shall be given within sixty days after the passage of this act. SEC. 11. This act shall take immediate effect. [No. 35.] AN ACT to reörganize the Eighteenth Judicial Circuit, and create the Twenty-third Judicial Circuit. circuit. SECTION 1. The People of the State of Michigan enact, That the Eighteenth counties of Bay, Ogemaw, and Otsego shall be formed into and constitute a judicial circuit, to be known as the eighteenth judicial circuit. eighteenth cir SEC. 2. The judge of the eighteenth judicial circuit shall continue Judge of to hold his office as judge of said circuit, as herein reörganized, cuit to retain for the remainder of his unexpired term, and until his successor office. is elected and qualified. circuit. SEC. 3. That the counties of Presque Isle, Alpena, Montmorency, Twenty-third Alcona, Oscoda, and Iosco shall be formed into and be one judicial circuit, to be known as the twenty-third judicial circuit. of office. SEC. 4. The qualified voters of the counties mentioned in the Election of third section of this act shall, on the first Monday of April, in the Judge and term year of our Lord eighteen hundred and seventy-seven, elect a circuit judge, who shall hold his office, commencing on the first day of May, in the year eighteen hundred and seventy-seven, and ending on the first day of January, in the year of our Lord eighteen hundred and eighty-two. election. SEC. 5. It shall be the duty of the sheriff of the several counties Notices of mentioned in section three of this act, at least ten days previous to the first Monday in April, in the year of our Lord eighteen hundred and seventy-seven, to notify the township clerk of each township, and ward inspectors of election in each ward of any city in their respective counties, of said election of circuit judge, and the township clerks and ward inspectors shall post notices in the usual manner, for such election in townships and wards, at least three days previous to the day of election. ducting election. SEC. 6. The said election for circuit judge shall be conducted and Manner of conreturns made as provided by law for the election of circuit judges for the several judicial circuits of this State, and the State Board Canvass of votes. of Canvassers shall, without delay, on the receipt of the certified statements of the votes given in said counties named in the third section of this act, proceed to canvass the said votes, and to deliver to the person elected a copy of their determination, as required by law. SEC. 7. All acts or parts of acts, contravening the provisions of Acts repealed. this act, are repealed. SEC. 8. This act shall take immediate effect. Received at the executive office March 23, 1877.* * Became a law under section 14 of Article IV. of the constitution without the approval of the Governor. 4 |