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in his office, with a certificate made and attached by him thereto, setting forth whether the said superintendent has or has not applied all of the receipts of said road, to the repairs of the same, except the amount paid the collector of tolls and what he is entitled to as superintendent by the provision of this act.

SEC. 13. It is further made the duty of the county treasurer of His duty after Wayne county, after examining the books and vouchers of the subalance of the perintendent, and collector, and striking the balance on the same,

striking the

account.

May sue for penalty.

Pay of superintendent.

in case any money still remains in cither of their hands, unexpended on said road, to demand and receive the same, and in case of the neglect or refusal of either of them to pay over to said treasurer any such moneys, it is hereby made the duty of said treasurer to sue for, and recover the same on the bonds held by him, with damages in doublethe amount of such money so withheld with cost of suit, before any court having competent jurisdiction, and such money when collected shall be paid to the superintendent next appointed to office.

SEC. 14. The superintendent shall be entitled to receive for all the time actually employed by him on said road, the surn of one dollar per day, as full compensation for his services, to be paid out of the proceeds of said road.

Approved March 8, 1843..

[No. 78.]

AN ACT to amend an act entitled an act to amend ar act entitled an act to incorporate the village of Marshall, and for other purposes, approved February 12, 1842.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the clection of officers of said village, as contemplated by the third and fourth sections of the act to

held on first

which this is amendatory, shall, after the year one thousand eight Elections to be hundred and forty-three, be held on the first Monday of March, in- Monday in

stead of the first Monday in May, and the term of office of those that may

be elected in the year eighteen hundred and forty-three shall expire on the first Monday of March, eighteen hundred and forty-four, and when others are elected and qualified.

March.

Common coun

a tax of over

$100.

SEC. 2. The common council shall not, during any one year, cil not to levy levy a tax of more than one hundred dollars on the taxable property of said village, except for repairing and re-building bridges within the limits of said corporation, to defray the expenses thereof, or for any other purpose, without the consent of the taxable inhabitants of said village, at a meeting called for that purpose as hereafter provided : Provided, That this section shall not prohibit the assessment and collection of any highway tax contemplated in the act to which this is amendatory, for the making or repairing any streets, highways or bridges, within the limits of said corporation, but such taxes shall be assessed and collected as highway taxes are by law directed to be.

lic notice

SEC. 3. Whenever the common council shall deem it advisable To give pubto assess and collect more than one hundred dollars besides the high- when over $100 to be way tax, in any one year, they shall give public notice of such fact, assessed, &c. which notice shall name the time and place of meeting of the taxable inhabitants of said village, and shall be published in a newspaper published therein at least three successive weeks immediately preceding the time named for holding said meeting, and shall state the amount intended to be assessed and for what purpose the same is to be expended.

To collect a

voted.

SEC. 4. If the taxable inhabitants, when assembled pursuant to such notice, shall by a vote direct that the sum proposed by the com- smaller sum if mon council, or any smaller sum, shall be levied and assessed, it shall be the duty of the common council to assess and collect the same in the manner other taxes for necessary expenses are assessed and collected.

SEC. 5. The common council shall not hereafter grant any li

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License ot to cense to any person to retail any spiritous liquors to be drank in or be granted onder $25.

about his buildings unless such person shall first

the sum of twenty-five dollars.

Approved March 8, 1843.

pay

for said license

Appropria

[No. 79.]

AN ACT making appropriations for the current expenses of the government for eighteen hundred and forty-three.

SECTION 1. Be it enacted by the Senate and House of Representions for 1813. tatives of the State of Michigan, That the following sums are hereby appropriated to be paid out of the general fund, for the purposes specified, viz.

and com

For the salary of the governor, and the judges of the supreme court, and chancellor, fifteen hundred dollars each. For the salary of the secretary of state, auditor general, state treasurer, missioner of the land office, each one thousand dollars. For the salaries of the deputy secretary of state, three clerks for the auditor general, one clerk for the state treasurer, and one for the land office, those officers respectively certifying that such clerks are necessary, five hundred dollars a year each. For the salary of the superintendent of public instruction, five hundred dollars. For the salary of the attorney general, five hundred dollars. For the salary of the adjutant general, four hundred dollars. For the salary of the state geologist, one thousand dollars. For the salary of the state topographer, eight hundred dollars. For contingent expenses of the office of state topographer, and geologist, three hundred dollars. For drafting maps and copies of plats for the land office, and paper therefor, five hundred dollars, or so much thereof as may be necessary. Five hundred dollars or so much thereof as may be necessary, to pay

the remaining expenses of locating state lands, to be drawn on the governor's certificate. For contingent expenses, payable on the warrant of the governor, one thousand dollars. For the salary of the judge of the district courts, one thousand dollars.

Salaries to be

SEC. 2. The salaries above specified shall be payable quarterly, paid quarterly. commencing at the date of the respective appointments of the incumbents, or at the same rates for fractional quarters.

SEC. 3. There is hereby appropriated in addition to the amount already appropriated, so much money to be paid out of the general fund, as may be necessary to pay the officers and members of the present legislature, the amounts due them, as fixed by law, and to pay in addition thereto, the messengers of the two houses each, a sum sufficient to make their per diem allowance, one dollar and fifty cents, and the firemen two dollars each, and ten cents a mile for travel; and such amount as may be necessary to pay the deputy commissioner of the land office, at the rate of five hundred dollars a year for so much time as he is actually employed, to be paid on the warrant of the auditor general.

SEC. 4. There shall be allowed to the members from Mackinac and Chippewa, each thirty days extra pay.

SEC. 5. There is hereby appropriated the sum of five hundred dollars, or so much thereof as may be necessary, to pay the private secretary of the governor and the assistant librarian, each three dol lars a day, during the time they are in the service of the state, the former to be paid on the certificate of the governor, and the latter on that of the secretary of state; also the sum of fifteen dollars each, to Jas. E. Platt, secretary of the Senate, Chas. A. Mack, engrossing, enrolling, and recording clerk of the Senate, and William C. Pease, engrossing and enrolling clerk of the House of Representatives for extra services done and performed during the present session of the legislature.

Approved March 9, 1843.

Veniries to be

returnable on such day in

term as presiding judge

shall direct.

$2 entry fee to be paid to clerk.

$2 judgment

[No. 80.]

AN ACT to provide for the issuing and return of veniries, the payment of jurors, the appointment of Circuit Court Commissioners and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the process for summoning petit jurors to attend any circuit court, shall be made returnable upon

such day in term as the presiding judge shall from time to time by rule direct, in order that the issues of law may be disposed of before the attendance of such jurors shall be required.

SEC. 2. That hereafter there shall be paid to the clerks of the circuit court for the use of the county, an entry fee of two dollars in each cause and a judgment fee of two dollars, where there is no jury fee to be paid. impannelled, and where a jury is impannelled a fce of three dollars to $3 jury fee be paid by the plaintiff as soon as they are sworn: Each jury impanwhen jury is impannelled. nelled shall hereafter receive four dollars and fifty cents in each case, which, together with the travelling fees now allowed by law, shall be in full for the services of such jurors.

Circuit court commissioner

ernor.

Their duties

SEC. 3. A circuit court commissioner shall be appointed by the to be appoint- governor, by and with the advice and consent of the senate, in each ed by the gov- of the organized counties of this state, who shall have power to direct bail, to grant a stay of proceedings, to allow writs of habeas corpus, and writs of certiorari from justice's courts, to settle interrogatories on commission, to take depositions of witnesses, and to tax bills of cost, and no associate judge of any county shall hereafter have authority to perform any of the duties herein imposed upon such commissioners.

and powers.

When certio

SEC. 4. No certiorari from the judgment of a justice of the peace, rari from judg- shall be brought into a circuit court unless the said commissioner of ment of justice

of the peace to the proper county, or some one of the judges of the supreme court be brought in

to circuit

court.

shall be satisfied by affidavit, of error in law or in fact, affecting the

merits of the case, in which case his allowance shall be endorsed on

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