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hereinafter provided, and in foreclosing mortgages by advertisement the notice that the mortgage will be foreclosed by a sale of the mortgaged premises or some part thereof, shall be given by publishing the same for twelve successive weeks, in a newspaper printed in the county in which the premises to be sold are situated. If there be no newspaper printed in the county where such premises or any part thereof, are situate, such notice shall be printed in a paper printed in a county nearest to the county in which the premises are situate, and also by posting up the same printed or in writing, in two public pla- redeem in one ces in the township or townships where the premises are situate.

SEC. 11. The defendant in execution, or mortgagor, or any person lawfully claiming from or under him, except in cases of mortgages foreclosed in chancery, may at any time within one year from the date of said appraisal, redeem such estate thus appraised and transferred, or any distinct lot or tract thereof, that may have been separately appraised: Provided, That the person so redeeming, shall pay to the plaintiff or mortgagee, his executors, administrators or assigns, or to the sheriff or other officer acting at such appraisal, the sum money at which such real estate was accepted by the plaintiff or mortgagee, with interest at the rate of ten per cent per annum.

of

Defend'nt may

year.

Every officer to exhaust the personal estate of principal debtor first.

SEC. 12. Every sheriff or other officer having an execution in his hands for collection, out of any lands, tenements or real estate, upon an affidavit being served upon him made by any co-defendant in such execution, his agent or attorney, showing the principal debtor therein, shall first exhaust all the personal and real estate of said principal debtor, which may be turned out by any one of the defendants, before resorting to the property of any other defendant, being secu- 1842 providing rity on the original demand.

Act Feb. 17th

for transfer of real estate re

SEC. 13. The act entitled "an act to provide for the transfer of pealed. real estate on execution, and for other purposes:" approved February seventeenth, eighteen hundred and forty-two, is hereby repealed: Provided, that nothing here in contained shall be construed to affect the validity of any proceedings hereto

fore commenced under the act hereby repealed, where such proceedings have already advanced to an appraisal and acceptance by the creditor, or to arrest the completion of such proceedings thereunder or to impair any right that may have become vested pursuant to the provisions of said act hereby repealed, but the same shall be completed according to the provisions of that act.

SEC. 14. This act shall take effect and be in force from and after its passage, except in the counties of Mackinac and Chippewa, and in those counties it shall be in force and take effect from and after the fourth day of July next.

Approved March 8, 1843.

When said act to take effect.

[No. 76.]

AN ACT to amend an act entitled "an act to establish district courts in the counties of Wayne, Oakland, Washtenaw and Jackson," and to repeal an act enentitled "an act to establish a district court within the county of Wayne."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the act entitled "an act to establish district courts within the counties of Wayne, Oakland, Washtenaw and Jackson," and to repeal an act entitled " an act to establish a district court within the county of Wayne," shall take effect from and after its passage.

SEC. 3. This act shall take effect from and after its passage.
Approved March 9, 1843.

[No. 77.]

AN ACT to authorize the erection of a toll gate and for keeping in repair the Detroit and Saginaw road, and for other purposes.

established.

SECTION 1. Be it enacted by the Senate and House of Represent- Toll gate to be atives of the State of Michigan, That there shall be erected and established on the road leading from the city of Detroit, in the county of Wayne, to Saginaw, one toll gate, to be located on the line above the corporation of said city, on or near the site of the old toll gate on said road.

ent to be ap

SEC. 2. It shall be and is hereby made the duty of the Governor Superintendto appoint one superintendent, who shall hold his office for one year pointed. and until his successor is appointed, whose term of office shall commence from and after the thirtieth day of April, and terminate on the last day of April thereafter. It is hereby made the duty of the His duty superintendent to cause to be put in good repair the said road from the corporation line of the city of Detroit to John Davis' tavern in the town of Royal Oak, as soon as the same can be done by the collection of tolls collected at the gate on said road, and it is hereby made the duty of the said superintendent to cause to be erected on or before the first day of May, eighteen hundred and forty-three, on the site mentioned in the first section of this act, a toll gate, and build or hire a suitable building for the collection of tolls: Provided however, That the gate only shall be erected until sufficient means shall accrue from the proceeds of said road, necessary for the erection of said building. It shall, and is hereby made the duty of the superintendent to appoint one collector of tolls, and pay such sum as he may deem just and reasonable, not exceeding one dollar per day, for his services, out of the moneys collected at the said toll gate.

make con

SEC. 3. The superintendent is hereby authorized to make con- Authorized to tracts by the year with any person or persons residing near said toll tracts. gate for the payment of such amount of tolls as he may deem just and reasonable.

4

To take an oath.

When gate to

be closed.

Rates of toll.

SEC. 4. The superintendent and collector, before entering upon the duties of their respective offices, shall severally take and subscribe an oath or affirmation, faithfully and honestly to discharge the duties of their respective offices, to be filed with the county treasurer in and for the county of Wayne, and also make and execute a bond to the said treasurer with two or more good and sufficient sureties to be approved by said treasurer, conditioned for the faithful performance of all and singular the duties required of them by this act. SEC. 5. The said gate shall be closed from the first day of May to the first day of November, in each year, and no longer, and the rates of toll shall be as follows:

1. For every carriage or wagon, drawn by two horses, mules or

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up.

Persons liable

to pay toll ex

SEC. 6.

The superintendent shall cause the rates of tolls to be

placed in some conspicuous place on said road, or on said gate.
SEC. 7. It shall be lawful for the collector of tolls, to stop and de-

cept when go- tain any person, riding, leading or driving any horse, cattle or sheep,
ing to church,
&c.
or article named in section fifth of this act, as subject to pay tolls, un-
til the same is paid: Provided, however, that nothing in this act shall
be construed to entitle the said collector to demand or receive toll
from any person or persons passing to or from public worship on the
Sabbath, or going to or returning from funerals, or for any troops
in the service of this state, or the United States, and from any person
employed in the transportation of any and all property belonging to
the United States, or of this state.

Penalty for passing gate ing toll.

without pay

SEC. 8.

If any person liable to pay toll, for any of the articles specified in the fifth section of this act, shall forcibly or in any other manner pass the said toll gate, without paying the rates of toll speci

fied in said section, he or they shall forfeit and pay to the seperintendent, or collector of tolls, in the name of the superintendent, the sum of twenty-five dollars, to be recovered by either of them, in an action of trespass with costs of suit, before any court having competent jurisdiction, and the same applied for the benefit of said road.

SEC. 9. The collector of tolls shall keep a daily account of the moneys collected by him, in a book, to be provided him for that purpose, by the superintendent, and pay over to said superintendent all moneys in his hands on demand, and take his receipt therefor, and also keep an account of the money so paid to the superintendent, which book shall be subject to the inspection of any person wishing to examine the same.

Collector of tolls to keep

account.

SEC. 10. It is hereby made the duty of the superintendent to ap- Moneys to be

ply all the moneys that come into his hands in repairing said road, except such amount as shall be paid to the collector of tolls, and what he is entitled to as superintendent by the provisions of this act, or the erection of toll gate and buildings, and also to keep a strict account of moneys paid by him to any person, and take their receipt for the same, and on or before the thirty-first day of December, in each year, present the books and all the vouchers to the county treasurer of the county of Wayne, for his examination and inspection.

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applied in repairing said road, &c.

present his ac

treasurer of

SEC. 11. It shall be the duty of the collector of tolls, on or be- Collector to fore the thirty-first day of December in each year, to present all the counts &c. to accounts kept by him, together with the receipts of the superinten- Wayne coundent, to the county treasurer of the county of Wayne, for his examination and inspection.

ty.

SEC. 12. It shall and is hereby made the duty of the county Duty of said treasurer of Wayne county, to receive and file the oath or affirma- treasurer. tion of the superintendent, and collector of tolls, and also receive and approve each of their bonds, to examine all the accounts and vouchers held by them, and take a copy of the gross amount of receipts and expenditures of the said superintendent, and file the same

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