and five hundred and fifty-three, (552 and 553,) six hundred and one to eight hundred, (601 to 800,) inclusive-and bonds for the sum of three thousand dollars each, numbers one to three hundred fifty six, each, (1 to 356) inclusive-three hundred and ninety-nine and four hundred, (399 and 400,) four hundred and thirty-four to four hundred and thirty-nine, (434 to 439,) inclusive-being in all, two hundred and ninety-five bonds of the denomination of one thousand dollars each, and three hundred and sixty-four bonds of the denomination of three thousand dollars each, amounting in all to the principal sum of one million three hundred and eighty-seven thousand dollars, (1,387,000,) which said bonds for the interest shall be in the same form as the bonds heretofore issued for said loan, and shall be made payable on the first day of January, which will be in the year one thousand eight hundred and fity, with interest thereon at the rate of six per centum per annum from and after the first day of July, one thousand eight hundred and forty-five, to be paid semi-annually, on the first days of July and January, in each year, at such place in the city of New York as the Governor shall designate, and for the payment of which bonds according to the terms thereof, the faith of the state is hereby pledged.

of interest net

SEC. 2. For the payment of interest accruing after the first of For payment July, eighteen hundred and forty-five, on the bonds specified in the

first section of this act, and on the bonds which may be issued unde the sixth section of this act, the net proceeds of all the public works of the state, shall be and they are hereby pledged, except so far as the same have been, or may be, appropriated by law, for the completion of the Central and Southern railroads to Marshall and Hillsdale, and so far as the same may be necessary for the purchase of locomotive engines, cars for said road, &c., for the redemption of state scrip now outstanding with interest thereon; and also for the payment of interest on warrants heretofore drawn on the internal improvement fund

SEC. 3. The bonds which may be issued for the interest accord

proceeds of all public works pledged with exceptions.

Bonds issued ing to any provision in this act contained, shall be receivable in pay

for interest re

ceivable in

ment for the public lands of the state, University and school lands payment for certain public excepted. Provided, this section shall not go into effect before the lands, after 1st July, 1845.

In case of
deficiency aris-
ing from pro-

first day of July A. D. eighteen hundred and forty-five.

SEC. 4. In case of any deficiency arising from the proceeds of the

public works, to pay the interest on the bonds specified in the first ceeds of public section of this act, as the same shall become due and payable, or on

works, the
same to be
paid out of the

and in case

the bonds which may be issued under the sixth section of this act,

state treasury, after the first day of July, eighteen hundred and forty-five, the same there is no mo- shall be made up out of any monies in the treasury not otherwise apney in treas.

levied and col

the same to be propriated, and if there be no money in the treasury when such defilected by tax. ciency is ascertained, which may be used for sach purpose, then the

Auditor gene

ral to transmit

to proper au-
thorities of

Pach county
the am't to be

assessed by
them, &c.

Tristalln

same shall be provided for by tax as hereinafter provided.

SEC. 5. Upon ascertaining such deficiency, the auditor general

shall be, and he is hereby authorized and required to transit the amount to be assessed in each county to the proper authorities of such county, and the same shall be by them assessed, levied, collected and returned in the same manner as other state taxes are levied, collectel and returned.

And whereas a large amount of the bonds of this state, issued under the act authorizing said loan, were delivered to the United States Bank, and Morris Canal and Banking Company, in pursuance of a contract of sale made with them in the month of November, eighteen hundred and thirty-eight, which they neglected to fulfil, and upon which they advanced to this state only a small portion of the amount of said bonds, which said bonds it is understood the said bank has hypothecated as security for money borrowed by them, and the same remains outstanding; and whereas the said bank is bound to surrender the whole of said bonds to the state, to be cancelled on the liquidation of the amount actually due, and it is desirable that the same may be settled as speedily as practicable: therefore be it further enacted,

SEC. 6. That whenever the whole of said last mentioned bonds shall be surrendered to the state to be cancelled, the governor shall

and he is hereby authorized to execute and deliver to the holders there- When bonds held on hypoof, the bonds of this state for the money which has been actually thecated by U. received from the United States Bank upon the said bonds, subject be returnedhowever, to the deductions specified in the act relating to said thorized to is

S. bank shall

governor au

sue new bonds

money the state has rec'd.

bonds, passed seventeenth February, eighteen hundred and forty-two, for the am't of and the proclamation of the governor, reference being thereto had : which said bonds so to be given, shall be in the same form as the original bonds issued for the five million loan, so called, and made payable at the same time and in the same manner; and for the interest which shall have accrued upon the amount thus ascertained to be due up to the first day of July, in the year eighteen hundred and forty- footing as five, the bonds of this state shall be issued and delivered to the person sued under the

The bonds to

be thus issued plac'd on same ponds to be is

Ist section of

or persons entitled to receive the same, in the same form and pay- this act.
able in the same manner as the bonds which may have been issued
for the interest on the bonds specified in the first section of this act,
and the bonds hereby authorized to be issued both for principal and
interest shall be placed on the same footing precisely, and in every
respect as the said bonds specified in the first section of this act, and
the interest thereon shall be paid in the same manner.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved March 8, 1843.

[No.74.]

AN ACT providing for the final adjustment of all unsettled claims for damages growing out of the Internal Improvements of this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the board of state auditors shall, within sixty days after the passage of this act, cause public notice to

Board of audi- be given by newspaper publication, for not less than eight successive tors to give public notice weeks, to all persons claiming damages of the state on account of, or to all persons

claiming dam- in any way arising from, the construction of works of internal imagss on ac't of

public works provement prior to the first day of April, eighteen hundred and fortyto pres'nt their claims-when two, to appear before said board at such time and place in the city of claimant shall be barred.

Board invest'd with full au

mimine wit

Detroit as shall be designated in such notice, to prosecute their several claims to final determination and adjustment, and every claimant for such damages who shall not so appear before the first day of October next (eighteen hundred and forty-three,) and so prosecute his claim, shall ever thereafter be barred from any recovery thereon.

SEC. 2. The said board of auditors are hereby invested with full

thority to exa- authority, and it shall be their duty, to meet at the time and place nesses and de. specified in the published notice above required, and to sit together termine finally all matters submitted to them.

as a legal body, to swear and examine witnesses, take testimony, and to enquire fully into and determine finally all matters submitted to them, touching any and all claims which may come before them by virtue of this act, and submit their report of their proceedings to the next legislature.

SEC. 3. Whenever said board shall, after such investigation into When claimant entitled to the merits of any claim, come to a decision thereon, the claimant

receive certifi

cate and what shall be entitled to receive a certificate subscribed by said board, set

the same shall contain and when to be filed-auditor general to draw his war

ting forth the substance of said decision, a duplicate copy of which shall be filed by said board in the office of the auditor general, and

if said decision shall contain any award of damages in favor of the rant in favor of claimant, the said certificate shall be a sufficient voucher to author

claimant.

ize the auditor general to draw his warrant in favor of the claimant on the treasurer for the amount of such award, payable out of the internal improvement fund, and every decision when made and certified to as aforesaid, shall be and forever remain final and conclusive in such matter.

SEC. 4. In cases in which the claim for damages arose in a part of the state remote from the seat of government, and the board of auditors shall deem it to be for the interest of the state so to do, it shall be competent for such board to designate one of its members who shall proceed as soon as may be to the place where said claim Board authorized to desigarose, and examine into the merits of the whole matter, in manner nate one of

their members

and as fully as said board are authorized to, and report the result of in certain ca

ses to proceed

claim arose & merits of the claim, &c.

his investigation to the board for final decision; and in all such cases, to place where the individual member of said board so required to take testimony, examine into shall be entitled to receive from the auditor general, on the certificate of the board, a warrant on the treasury, payable out of the general fund, for the amount of his actual travelling expenses, and all necessary expenses of obtaining such testimony as was relevant to such matter.

SEC. 5. All acts and parts of acts contravening any of the provisions of this act are hereby repealed.

Approved March 8, 1843.

[No. 75.]

AN ACT to provide for the transfer of real estate on execution, and on mortgage sales.

SECTION 1. Be it enacted by the Senate and House of Representa- Nolands &c. tives of the State of Michigan, That no lands, tenements, or real shall be adv'd

and sold ex

estate, shall be advertised or sold, by any sheriff or other officer, cept as hereina ter provid'd.

upon any execution or other process, from any court of law or equity, except as hereinafter provided.

Sheriff to levy on lands &c; if

SEC. 2. The sheriff or other other officer, receiving any such execution or other process, if personal estate sufficient to pay the same, with costs and charges, cannot be found, or shall not be tendered to be apprais'd by the debtor to be taken thereon, shall, if directed by the creditor or his attorney, proceed to levy such execution or other process, on the lands, tenements, or real estate of the debtor, holden in his own right, and subject to all prior existing liens, and the same shall be appraised by three disinterested freeholders of the town and county where the lands lie, one of whom shall be appointed by the creditor,