Board of State can determine classes of regents ly lot. regulating the canvass of votes cast at a general election, so far as the same are applicable. Sec. 7. After the canvass and determination, by the board of vassers to State canvassers, of the result of such election, they shall prepare eight slips of white paper, of equal size, on each of which shall be written the name of one of the regents so elected, which slips shall be put into a box, and shaken up by one of the board, when the other members of the board shall each, in alternation, draw out one of the slips, until they are all drawn. The two persons whose names shall be drawn first and second in order shall constitute class number one; the two persons whose names shall be drawn third and fourth shall constitute class number two; the two persons whose names shall be drawn fifth and sixth shall constitute class number three; and the two persons whose names shall be drawn seventh and eighth shall constitute class number four. The board shall certify and sign a statement of the time, mode and result of the drawing, and the class assigned thereby to each of the regents, and deliver the same to the Secretary of State, who shall record the same in his office with the record of the election of said regents, and shall, without delay, make out and send by mail, or cause to be delivered, to each of the persons thereby declared to be elected, a copy of such determination, and of the class assigned to him on such drawing, certified by said Secretary of State, under his seal of office. Sec. 8. This act shall take immediate effect. Section amended. [ No. 144. ] AN ACT to amend section eight, of chapter one hundred and forty-one, of the compiled laws, relative to proceedings against garnishees. SECTION. 1. The People of the State of Michigan enact, That section eight, of chapter one hundred and forty-one, of the compiled laws, is hereby amended so as to read as follows: to show Sec. 8. After the final determination of the suit against the Summons, defendant, in the case mentioned in the preceding section, and cause. at any time within thirty days after such final determination of the suit, and in cases of garnishee proceedings commenced after the rendition of a judgment against the defendant therein, within thirty days after the closing of the examination in such garnishee proceedings, the justice shall, at the request of the plaintiff, his agent or attorney, issue a summons against the garnishee, commanding him to appear before the justice to show cause why a judgment should not be rendered against him. Approved March 19, 1863. [ No. 145. ] AN ACT to provide for the sale of swamp and primary school lands, in the mineral range of the Upper Peninsula, heretofore withheld from market as mineral lands. held from be re-offer SECTION 1. The People of the State of Michigan enact, That all swamp and primary school lands in the mineral range of Lands with the Upper Peninsula, heretofore withheld from market as market to mineral lands, except such sections, or parts of sections, as the ed. Governor shall hereafter select and reserve, shall be re-offered and sold in the same manner, in all respects, as is now provided by law for the sale of other swamp and primary school lands. tion of lands Sec. 2. Before any of the lands thus reserved shall be offered Examina for sale, the Governor may, under such regulations as he shall by agents. prescribe, cause an examination of such lands, by such agents, not exceeding two in number, as he may appoint for that purpose, whose duty it shall be to examine the lands designated by the Governor, and report the result of such examination to him, and their separate appraisal of the value of each tract. and State Tre'surer to fix the min Sec. 3. Upon receiving such report, the Governor and State Governor Treasurer shall fix a minimum price at which each tract may be sold, and shall certify the same to the Commissioner of the imum price Compensation of agents. Land Office, who shall thereupon offer said land at public sale, in pursuance of the provisions of existing law. Sec. 4. The pay of such agents sha'l be three dollars per day, for the time actually and necessarily spent in the discharge of their duties, together with their actual and reasonable traveling expenses; and their accounts for such services and expenses, properly verified by such agents, when allowed by the board of State auditors, shall be paid by the State Treasurer, upon the warrant of the Auditor General, out of any money in the treasury not otherwise appropriated. Approved March 19, 1863. [ No. 146. ] AN ACT for the relief of J. E. Harding, assignee of Amasa B. SECTION 1. The People of the State of Michigan enact, That the Commissioner of the State Land Office be and he is hereby Land Office authorized to take proofs in relation to the work and labor done Commissioner of to take labor done. proof as to under and by direction of E. C. Southworth, special commissioner, by Amasa B. Carpenter, on the Lansing and Allegan State road, and also in a certain contract entered into between E. C. Southworth, special commissioner on the State road from Lansing to Allegan, and the said Amasa B. Carpenter, which contract is alleged to have been lost, and if it shall appear that the said Amasa B. Carpenter had performed work and labor, and had fulfilled the terms of his said contract, the said May draw commissioner shall issue his warrant to the said J. E. Harding forty acres for forty acres of swamp land, unsold, in the county of Allegan: Provided, Said proofs shall be taken within six months from and after the passage of this act. warrant for Swamp land Approved March 19, 1863. [ No. 147. ] AN ACT to amend section six, of act number one hundred and thirty-eight, of the session laws of eighteen hundred and fifty-nine, entitled "an act to provide for [the] trial of offences upon information." amended. SECTION 1. The People of the State of Michigan enact, That section six of an act entitled "an act to provide for the trial of Section offences upon information," approved February twelfth, eigh teen hundred and fifty-nine, be and the same is hereby amended so that said section shall read as follows: secuting at Sec. 6. It shall be the duty of the prosecuting attorney of Duty of prothe proper county to inquire into and make full examination of torney. all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offence whereon the offender shall be commit ted to jail, or become recognized or held to bail; and if the prosecuting attorney shall determine, in any such case, that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement, in writing, containing his reasons, in fact and in law, for not filing an information in such case, and that such statement shall be filed at and during the term of the court at which the offender shall be held for appearance: Provided, That in such case such court When court may examine said statement, together with the evidence filed the prose in the case, and if, upon such examination, the court shall not nie informa be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information, and bring the case to trial. Approved March 19, 1863. may direct cuting at. torney to tion. [ No. 148. j AN ACT to provide for opening a channel at the mouth of the river Du Fil, in Huron county. SECTION 1. The People of the State of Michigan enact, That there shall be laid out and constructed, under the supervision Channel, opening of, for. of a commissioner to be appointed by the Governor, a channel provided running as near straight as is practicable, through the marsh and bar at the mouth of the river Du Fil, so that the waters of said river may empty directly into Saginaw Bay, instead of overflowing the surrounding territory. Sec. 2. The commissioner contemplated by this act shall qualify, and proceed to construct said channel, according to the provisions of act number one hundred and seventeen of the session laws of eighteen hundred and fifty-nine, the same being "an act to provide for the drainage and reclamation of swamp lands by means of State roads and ditches," and all acts amendatory thereto. Sec. 3. To secure the construction of said channel, there is hereby appropriated five sections of State swamp lands. Approved March 19, 1863. Governor authorized [ No. 149. ] AN ACT to authorize the Governor to appoint a commissioner for the north part of a State road running southerly from Port Austin, in Huron county, to the Lexington and Flint river State road. SECTION 1. The People of the State of Michigan enact, That the Governor is hereby authorized to appoint a commissioner for to appoint that part of a road running southerly from Port Austin, in Huron county, to the Lexington and Flint river State road, north of the line between Huron and Sanilac counties. commis sioner. Authority of commis Sec. 2. Said commissioner is hereby authorized to contract sioner rela- and work from Port Austin, southerly, to the line between Hutracts. ron and Sanilac counties. tive to con Commissioner to cording to Sec. 3. Said commissioner shall construct said road accord proceed ac- ing to the provisions of act number one hundred and seventeen former acts. of the session laws of eighteen hundred and fifty-nine, and all acts amendatory thereto, and not inconsistent with this act. Approved March 19, 1863. |