No. 83.] An Act authorizing the construction of a wagon road on the line of the Northern Railroad. to be construc of the northern SECTION 1. Be it enacted by the Senate and House of Represen- Wagon road tatives of the State of Michigan, That for the purpose of constructing ted on the line a good wagon road on the line of the "Northern Railroad" there shall railroad. be appropriated, to be expended as hereinafter directed, the highway tax which may be hereafter assessed upon the lands owned by nonresidents, on the line of said road for the distance of three miles each way from the centre thereof. way tax shall accrue to the road fund. SEC. 2. Whenever any lot or description of land assessed shall When highextend beyond the distance before limited, and any part thereof shall be embraced within the three miles aforesaid, the highway tax assessed on such lot or description of land shall accrue to the road fund. tain county treasurers. SEC. 3. It is hereby made the duty of the county treasurer of the Duty of cercounties of St. Clair, Lapeer, Genesee, Shiawassee, Clinton and Ionia, respectively, to open an account in a book to be provided by such treasurer at the expense of his proper county, for that purpose, to be denominated "Special road fund," and to credit to said fund all monies that may be paid to said county treasurer by the provisions of this act. Duty of board of supervisors in certain counties to make out a lands assessed. SEC. 4. It shall be the duty of the board of supervisors of the before named counties respectively, at their annual meeting in Sep tember of each year, or before delivering the tax roll to the several township treasurers or collectors, to make out a statement of the des- statement of criptions of lands, together with the amount of highway tax assessed and returned on each lot or description of land within the limits before designated on the line of said road within their respective counties, and to deliver the same to the county treasurer, who shall file the same in his office, and pass the amount of said highway tax to the credit of the "special road fund." SEC. 5. The county treasurer shall in his settlement with the of urer shall County treas- ficer making return of the unpaid taxes, charge such officer or colcharge collec- lector with the amount of highway taxes which may have been paid tor amount of highway taxes to such officer or collector, on land embraced within the provisions assessed on lands embrac of this act, who shall pay over to the county treasurer the amount of ed in the pro visions of this highway tax so collected by him. act. Duty of commissioners of highways through which SEC. 6. It shall be the duty of the commissioners of highways of the respective townships through which the said road passes, or in which any lands may be situate, embraced within the limits of the the road pass- operation of this act, in their warrants to overseers of highways, to es. Special com direct them respectively to cause all labor assessed within their respective districts upon the lands of non-resident owners coming within the provisions of this act to be worked upon the line of said road. SEC. 7. In order to carry out more fully the intentions and promissioner to be visions of this act, there shall be appointed a special commissioner appointed. Non-resident may apply to special commissioner to pay his high way tax on said road. for each of the counties of St. Clair, Lapeer, Genesee, Shiawassee, Clinton and Ionia, who shall have the superintendence of said road within their respective counties, and direct where all labor shall be performed on said road: Provided, That no overseer of highways shall be required to expend any labor out of his road district, if the line of said road passes through said district. SEC. 8. Any non-resident who may wish to perform the labor assessed upon his lands himself, by agent or otherwise, in case the road district in which such lands are situate be not contiguous to the line of said road, may apply to the special commissioner who shall direct when and where the labor may be performed on said road, and whenever the labor shall be fully and satisfactorily performed, it shall be the duty of the special commissioner to give a receipt therefor; and upon presentation of such receipt to the overseer of highways of the district in which such lands are situate, he shall cancel the tax on said lands therein described: Provided, The same be done before the time designated by law, for the return of unpaid highway taxes. SEC. 9. Whenever any person shall commute the highway tax highways pay commuted for assessed upon non-resident lands embraced within the provisions of Overseer of this act, and the same shall be paid to the overseer of highways, he over money shall pay over the same within thirty days after the receipt thereof to tax assessed the county treasurer, who shall give a receipt therefor, and the braced within provisions of on lands em county treas township treasurer shall pay to the county treasurer on or before this act to the first day of November in each year, all the monies that may come urer. into his hands from the overseers of highways. Special commissioner to let contracts, SEC. 10. The special commissioner shall have authority to let, to contract any job, or work upon said road within his county, first giving public notice thereof, by posting up three or more printed notices, to give notice. one of which shall be upon the outer door of the court-house or place of holding courts for said county, at least ten days before the time of letting such contract, which said notice shall state where the work is to be performed, and the nature thereof, the time limited for the performance, the time and manner of payment, the time and place when and where the work will be let to the lowest bidder, giving good and sufficient bonds with one or more sureties to the special commissioner for the faithful performance of said contract. To issue his when contrac SEC, 11. Whenever any such contract shall be completed, the special commissioner shall issue his certificate of the fact, which shall certificate be attached to such contract, and together presented to the board of is completed. supervisors (or to a committee of the board appointed for that purpose,) who shall thereupon issue their warrant to the county treasurer for the payment of the same out of the special road fund. SEC. 12. All money and labor to be expended shall be on the line of said northern railroad as now established: Provided, That if the special commissioner shall be of opinion that any alteration will be a saving of expense or distance, he may notify the commissioners of highways of the township in which such alterations are proposed, and if a majority of such highway commissioners shall agree thereto, the same may be altered: Provided further, That there shall be no alteration made on the line of said road which will increase the distance more than one hundred and sixty rods in any one surveyed township. Money to be expended on line of north ern railroad. How alterations of said road to be identified. of this act shall enure to the state, auditor SEC. 13. All alterations made in the line of said road according to the provisions contained in the preceding section, shall be certified to by a majority of the commissioners of highways and filed of record in the office of the township clerk for the proper township. When lands SEC. 14. In case any lands coming within the provisions of this coming within the provisions act shall from any cause enure to this State, the county treasurer of the proper county shall furnish the auditor general with a statement general shall thereof, with the amount of highway tax, interest and charges due rant for the a. thereon annexed; and the auditor general shall draw his warrant on draw his war mount of the 1ax, interest, &c. on the same. Compensation the state treasurer for the amount of such tax, interest and charges, and the state treasurer shall pay the same out of the general fund. SEC. 15. The special commissioner shall receive such compensa of special com- tion for services as the board of supervisors of the respective counties missioner. Daniel B. Har athan R. may allow, not exceeding one dollar per day for each and every day actually employed in the business of said road, and the said board may require said commissioner to verify his amount of services by affidavit. SEC. 16. That Daniel B. Harrington be, and he is hereby appoin rington, Jon- ted special commissioner for the county of St. Clair: That Jonathan White, Cha's R. White be, and he is hereby appointed special commissioner for LaC. Hascall, Alexander M'- peer county: That Charles C. Hascall be, and he is hereby appointArthur, Cornelius Potter ed special commissioner for the county of Genesee: That Alexander S. Wadsworth McArthur be, and he is hereby appointed special commissioner for and Abraham commission ers. Shiawassee county: That Cornelius Potter be, and he is hereby appointed special commissioner for the county of Clinton: That Abraham S. Wadsworth be, and he is hereby appointed special commissioner for the county of Ionia; and in case any of said special commissioners do not file the oath of office required by the constitution of this state, with the county clerk of his county, on or before the first Monday of October next ensuing, the neglect thereof shall be deemed a vacancy, and the board of supervisors shall appoint a suitable person to fill said office of special commissioner, & all vacancies which may happen by death, removal or otherwise, shall be filled by the board of supervisors of the respective counties, and any person so appointed shall before entering upon the duties of said office take and file the constitutional oath of office as aforesaid.. SEC. 17. If any special commissioner shall neglect or refuse to Commissionperform the duties enjoined upon him by this act, the board of super- ved for a neg er to be remo lect or refusal visors of the proper county may enter such neglect or refusal at large to perform his upon their journal, and remove such commissioner from office, but duty. no removal shall be made by the board of supervisors without first giving said commissioner a chance to be heard in his defence. man of board in certain cas SEC. 18. It shall be the duty of the chairman of the board of su- Duty of chairpervisors of the respective counties, in case any person who shall of supervisors contract with the commissioner, fails to perform on said contract, to cause the same to be prosecuted, in all cases where said commissioner shall fail to obtain a fulfilment on the part of said contractor. SEC. 19. The laws regulating highways now in force in this state, not contravening the provisions of this act, shall apply to this road. SEC. 20. This act shall be and remain in force for the term of five years and no longer, and shall take effect from and after its passage. Approved March 9, 1843. es. [No. 84.] AN ACT to alter, lay out and establish certain State SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the surveys made by the county surveyors of Hillsdale county, under the direction of the highway commissioners of the township of Somerset, on the line of the Chicago road, and the survey bill signed by Thomas Stockton, surveyor, be recorded in the said township clerk's office, and the same is hereby de clared a public highway. State road. |