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violation of the

SEC. 30. The said commissioner, deputy, clerks, and every other Penalties for officer created by virtue of this act, who shall violate any of the provisions of provisions of the same, or shall appropriate any of the public moneys

or evidences of debt that may pass through his or their hands, to his or their own private use, except in pursuance of law, or shall lend to others or otherwise embezzle any of the said public moneys or evidences of debt, he or they shall be prosecuted for said offence, and on conviction thereof, be punished by fine and imprisonment.; the fine not to exceed one thousand dollars and the imprisonment not to exceed five years, at the discretion of the court.

this act.

bureau in

office.

A competent

person to be

the same.

SEC. 31. That the more effectually to insure correctness and The land office for present expedition in the arrangement and organization of said land office, year to be a it shall be until the close of this current year, a bureau or depart- aud. general's ment of the auditor general's office, who with the state treasurer, is hereby authorized and required to appoint some competent person appointed to to take charge of said office, who shall, after such appointment and take charge of after execution of the bond required to be given in the fourth section of this act, perform all the duties, receive the same compensation and exercise all the functions of the commissioner of the land office aforesaid and shall act as such commissioner until the first Monday of January next, and until his successor be appointed and qualified, and shall hold his office at the place designated in this act, and that the auditor general is hereby required to report to the next legislature such modifications and alterations of this act as shall appear to him to be necessary checks upon the business transactions of said office. SEC. 32. The commissioner, the auditor general, secretary of state, and treasurer, or any two of them, shall appraise all the improved property belonging to the state, that has been derived from Michigan state bank assets or from any other source, or any improved property, the title to which shall hereafter be vested in the state, which appraisal shall be in writing, and a copy filed with the several officers above named, and the same shall be offered for sale, as contemplated by the tenth section of this act, and if not sold at such appraised value, the same shall remain in the said land office, subject to sale at any

lands to be apImproved praised.

Principal and interest to be

time, at a minimum price, not less than the aforesaid value thereof, or of anysubsequent appraisal.

SEC. 33. Any person may pay principal or interest, which may paid to treas. be due from him to the university or school fund, to the state trea

urer in certain

cases.

surer, who shall give his receipt therefor, which shall be duly countersigned by the auditor general, and the auditor general is required to furnish the commissioner of the land office, a statement of all such payments, once every month.

Approved March 6, 1843.

Sec. 52 of the amended act stricken out.

[No. 43.]

AN ACT to amend section fifty-two of an act entitled an act to provide for the voluntary dissolution of corporations and to prescribe the duties of Receivers in Chancery in certain cases, and for other purposes, approved April fifteenth, eighteen hundred and thirty-nine.

SECTION 1. Be it enacted by the Senate and House of Representa. tives of the State of Michigan, That section fifty-two of an act entitled an act to provide for the voluntary dissolution of corporations and to prescribe the duties of Receivers in Chancery in certain cases and for other purposes, approved April fifteenth, eighteen hundred and thirty-nine, be amended by striking out in the first line of said section the words directors or stockholders.

Approved March 6, 1843.

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authorized to

pay certain

Irish.

SECTION 1. Be it enacted by the Senate and House of Represen- Aul. general tatives of the State of Michigan, The auditor general is hereby authorized and required to issue his warrant in favor of Benjamin Irish moneys to B. for three hundred and ten dollars, and that sum is hereby appropriated for the payment thereof out of the general fund: Provided this appropriation is made in consideration of the good faith of the officer, the hardship of the case, and because he was deceived by the prosecuting attorney of Oakland county, and not because the said Irish has any legal claim on the state.

SEC. 2. The board of supervisors of Oakland county are hereby Board of su

pervisors au

authorized to audit and allow to Benjamin Irish such additional a- thorized to al

mount as they may deem just and equitable.

SEC. 3. This act shall take immediate effect.
Approved March 6, 1813.

low B Irish an additional

sum

[No. 45.]

AN ACT relative to the claim of Zephaniah Platt.

Claim of Z. Platt refer'd to

SECTION 1. Be it enacted by the Senate and House of Representa- state treasurer tives of the State of Michigan, That the claim of Zephaniah Platt be, auditor gen. & and the same is hereby referred to the state treasurer, auditor general and secretary of state, who are hereby authorized and required to make a settlement of the same, and in case they shall award any sum to the said claimant, they are hereby authorized to give him a certificate for the amount so awarded him, and the state treasurer is hereby required to pay said sum out of any money in the treasury not otherwise appropriated on the warrant of the auditor general.

Approved March 6, 1843.

Sec. 43 & 46,

of chap. 1, title

[No. 46.]

AN ACT to repeal sections forty-three and forty-six of chapter 1st, title 7, part 1st, of the Revised Statutes.

SECTION 1. Be it enacted by the Senate and House of Representa

7, part 1, R.S. tives of the State of Michigan, That section forty-three and forty-six, repealed.

of chapter one, title seven, part one, of the revised statutes, be, and

the same are hereby repealed.

its

SEC. 2. This act shall take effect and be in force from and after

passage.

Approved March 6, 1843.

Sec. 5. part 1.

R. S. amend

[No. 47.]

AN ACT to amend part 1st, title 7, chapter 6, of the
Revised Statutes relative to the interest of money.

SECTION 1. Be it enacted by the Senate and House of Representtitle 7, chap.6. atives of the State of Michigan, That section five, of part first, title seven, chapter six, of the revised statutes, be amended to read as follows:

ed.

On usurious

SEC. 2. In any action brought by any person on such usurious contracts &c. contract or assurance, except as provided in the following section, judgment for

principal and if it shall appear upon a special plea to that effect, that a greater rate legal interest only.

Sec. 7. part 1, title 7, chap.6.

of interest has been directly or indirectly reserved, taken, or received, than is allowed by law, the plaintiff shall have judgement for the principal and legal interest only.

SEC. 3. Section seven of part one, title seven, chapter six, of the

R. S. repeal revised statutes, is hereby repealed.

ed.

SEC. 4. This act shall take effect and be in force from and after

its passage.

Approved March 6, 1843.

[No. 48.]

AN ACT to regulate Tax Sales for the year eighteen hundred and forty-three, and for other purposes.

unpaid may be

SECTION 1. Be it enacted by the Senate and House of Representa- Lands, taxes tives of the State of Michigan, That all lands returned to the auditor sold. general's office, delinquent for taxes for the years eighteen hundred and thirty-six, eighteen hundred and thirty-seven, eighteen hundred and thirty-eight, or any of those years, being lawfully assessed, under the then existing laws, which have not been paid or otherwise discharged, may be sold by the auditor general, who is hereby required, after being satisfied of the proper assessment and return of said taxes, to advertise and sell the lands in the manner hereinafter described, for the sale of lands for the collection of taxes in the year eighteen hundred and thirty-nine, and the sale shall be as valid in law, Sale legalized. and vest in the purchaser as good a title as though the said lands had

been sold at the times required by the then existing laws for the sale

To be advertised.

be re-assessed

of lands for the collection of taxes assessed in the said year: Provi- Proviso. ded, That if in any county in this state, there is returned and remaining in the treasurer's office, a list of unpaid taxes, regularly assessed and levied for the year of our Lord eighteen hundred and thirty-eight, or eighteen hundred and thirty-nine, which have been rejected by the auditor general for any informality not affecting the Certain rejectlegality of such assessment, the county treasurer of said county shall ed towns may present a list of the same, with the tax assessed, together with the in- on same lands. terest and charges thereon, duly authenticated, to the board of supervisors, who shall cause the same to be re-assessed upon the same land and collected with, and in the same manner as the taxes of eighteen hundred and forty-three. If said tax cannot, for any informality in May be asses sed against the return, be re-assessed, on the same lands, they shall re-assess the township in same, or any part thereof upon the taxable property of the proper township, as may appear to said board most equitable: Provided, The same have not been charged back and re-assessed.

certain cases.

Proviso.

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