or from any township officer of the town of Kearsley, to apply the same to the specified objects and purposes within such territory, for which it was assessed. SEC. 5. This act shall take effect and be in force from and after the first day of April next. Approved March 7, 1843. [No.58.] AN ACT to amend an act entitled "an act appointing commissioners to lay out a certain road in the county of Wayne," approved March seventeenth, eighteen hundred and thirty-seven. Commissioners authorized to make a tives of the State of Michigan, That an act entitled an act appointing change in direction of commissioners to lay out and establish certain state roads, approved SECTION 1. Be it enacted by the Senate and House of Representa the road. All acts valid. March seventeenth, one thousand eight hundred and thirty-seven, be amended by striking out the word "twenty," and inserting "fifty" in the first line of section eighteen in the above named act, so as to read as follows: The fifty-sixth section of the act entitled an act appointing commissioners to lay out and establish certain state roads approved twenty sixth of July, eighteen hundred and thirty-six, be so amended that it shall be competent for the commissioners named in said section, and they are hereby authorized to change the direction of the road authorized in the said section to be laid out and established in such manner as may appear to them best calculated to suit the convenience of the inhabitants residing in that part of the county of Wayne. SEC. 2. That all the acts and doings had by the commissioners named in said act in laying out said road, shall be and the same are hereby declared as valid, as though this act had passed before such acts and doings were had by said commissioners. SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 7, 1843. [No. 59.] AN ACT to authorize the minor heirs of the late John Whipple, deceased, to release their claim to a certain tract of land. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That William L. Whipple, Eliza S. Whipple, Margaret Whipple and Catharine Whipple, minor children and heirs of the late John Whipple, deceased, be and they are hereby authorized and empowered under the direction and supervision, and subject to the control and approval of the Judge of Probate for the county of Wayne, to release and convey by deed under their hands and seals, to Ephraim Davis of Redford, in said county, all their legal interest and estate, in and to the following described lands, to wit: the undivided west half of the north east quarter of section twenty-eight, in township one, south of range ten east. SEC. 2. This act shall take effect immediately. Minor children of John Whipple dec'd empowered to convey their interest in cer tain lands. [No. 60.] AN ACT to reduce the salary of the Superintendent of SECTION 1. Be it enacted by the Senate and House of Representa tives of the State of Michigan, That the superintendent of public in Salary of sup't struction shall hereafter receive an annual salary of five hundred pub. inst. 500 dollars a year. dollars, to be paid quarter yearly, out of any moneys in the treasury not otherwise appropriated. SEC. 2. And that all acts and parts of acts requiring said officer to give bonds, be and the same are hereby repealed. SEC. 3. This act shall take effect and be in force from and after the first day of June next. Approved March 8, 1843. [No. 61.] AN ACT relative to the claim of John Van Fossen. SECTION 1. Be it enacted by the Senate and House of RepresenClaim of Van tatives of the State of Michigan, That the claim of John Van Fossen Fossen referred. How to be paid. for lumber alleged to have been furnished to the state for the construction of the central rail-road be referred to the auditor general, state treasurer and attorney general, and they are hereby authorized and directed to make a just and equitable settlement of the same, and in case they shall award any sum to the said complainant, they shall give him a certificate of the amount so awarded, after deducting such amount, if any, as may be found due the state from said John Van Fossen, as late acting commissioner of internal improvement, or otherwise. SEC. 2. The amount specified in such certificate shall be paid by the state treasurer on the warrant of the auditor general, in the manner hereinafter provided, and if no sum shall be awarded to said Van Fossen, then to pay him the amount of any judgment in his favor which shall be obtained in the suit commenced by the state against him, and now pending upon proper proof of such judgment, the payment to be made in either case out of any moneys in the treasury, to the credit of the general fund or internal improvement fund not otherwise appropriated: Provided, That no such payment shall be made unless the said Van Fossen shall relinquish in writing, all further claim against the state, on account of the lumber aforesaid, and file such relinquishment with the state treasurer. Approved March 8, 1843. [No. 62.] AN ACT to prevent the action of ejectment in certain cases. No action of ejectment to ba bro't in certain SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That no action of ejectment shall hereafter be maintained by a riortgagee or his assigns or representa- cases. tives, for the recovery of the mortgaged premises, until after a foreclosure of the mortgage, and the time for redemption thereof shall have expired. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 8, 1843. [No. 63.] AN ACT to authorize Randal S. Rice, as administrator on the estate of Nehemiah O. Sargent, deceased, to execute certain instruments in writing. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Randal S. Rice administrator on R. S. Rice, the estate of Nehemiah O. Sargent, deceased, be and he is hereby &c. authoriz'd administrator to execute cer ments in wri authorised and empowered to execute under seal in behalf of said tain instruestate such instrument or instruments in writing, as shall secure to ting to Lucius Lucius Lyon, his heirs and assigns, on such terms as said adminis- Lyon. trator may deem equitable and just, the salt well and salt works, made and constructed or which may be made and constructed by said Lyon,, against the operation and effect of any mortgage which the said estate may hold upon the undivided one half part of the land, at Grand Rapids, in the county of Kent, on which said well and works are situated: Provided, That every such instrument by way of release shall not be construed to impair the validity of any such existing mortgage security, or defeat its operation and effect upon any such real estate not included in such deed or release; and provided further, that to give such instrument of release force and validity, the approval of the Judge of Probate of the county of Kont, shall be en dorsed thereon. Approved March 8, 1843. If prisoner be discharged &c prosecutor to pay costs. [No. 64.] AN ACT to amend an act relative to the costs of pros ecution in criminal cases. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section first of an act entitled an act relative to the costs of prosecution in criminal cases, and approved March the sixth, eighteen hundred and forty, be and the same is hereby amended by adding an additional clause, so that the same shall read, "And if the defendant or prisoner be discharged on examination by such magistrate, or if a true bill be not found against him by the grand jury, or if he be acquitted on trial, or if a nolleprosequi be entered on the indictment by order of the court, before which it may be pending, the prosecutor shall pay all costs, &c." Also, by adding the following proviso to the end of said section, "And provided further, that the said prosecutor shall not be liable to |