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[ No. 51. ]

AN ACT to amend section eighty, of chapter sixteen, in title four of the revised statutes of eighteen hundred and forty-six.

SECTION 1. The People of the State of Michigan enact, That section eighty, of chapter sixteen, title four of the revised statutes of 1846, be amended so as to read as follows:

"Sec. 80. Every person elected or appointed to the office of consta Constable to ble, before he enters upon the duties of his office, and within the time Agreement prescribed by law for filing his official oath, shall execute, with sufficient sureties, to be approved by the supervisor or clerk of his township, an instrument in writing, by which said constable and his sureties shall jointly and severally agree to pay, to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, on account of any neglect or default of said constable, in the service or return of any process that may be delivered to him for service or collection."

Approved February 10, 1855.

Board of health au

take posses

[No. 52.]

AN ACT to authorize the board of health of the township of Wa terford, in the county of Oakland, to control and possess a certain burial ground.

SECTION 1. The People of the State of Michigan enact, That thorized to the board of health of the township of Waterford, in the county of slon of bu- Oakland, are hereby authorized to take possession of and control a cerrial ground. tain burial ground in said town, heretofore conveyed by Alpheus Williams and Abigail Williams to Lewis Cass, in trust, for the purpose of a public burying ground, which deed bears date the 29th day of November, one thousand eight hundred and twenty-six, and said township May open board of health shall have the same powers in relation thereto as are provided by [law] in other like cases, and may open and improve any street or highway leading to the same.

street, &c.

Approved February 10, 1855.

No. 53. ]

T

AN ACT to amend an act entitled 'an act to amend an act entitled an act to incorporate the village of Coldwater, in the county of Branch, approved February 29, 1837," approved March 19, 1845.

number 53

amended.

SECTION 1. The People of the State of Michigan enact, That sec. 1 of not section one of an act entitled "an act to amend an act entitled an act to of 1845 incorporate the village of Coldwater, in the county of Branch, approved February 9, 1837," approved March 19, 1845, be so amended as to read as follows:

"Sec. 1. All that tract or parcel of land embraced in the following Boundaries of vi lage of limits, to wit: The north half of section twenty-one, the north half of Coldwater. section twenty-two, the south-west quarter of section fifteen, and the south half of section sixteen, in the township of Coldwater, in the county of Branch, shall be and the same is hereby constituted a body politic and corporate, by the name of the village of Coldwater."

Sec. 2. Elections may be held at such place as may from time to Elections. time be designated by the president and trustees of said vi lage.

president &

Sec. 3. The president and trustees of said village shall have power to Powers of lay out, open and work streets, lanes and alleys, in the same manner and trustees. with like effect as the electors of said village are now authorized by law to do; said president and trustees shall also have power to remove nuisances, and to compel the owners and occupants of lots or buildings therein, to remove the same.

The above act to take effect immediately.
Approved February 10, 1855.

[ No. 54.]

AN ACT to provide for the laying out and establishing of a certain

State Road.

to lay out

SECTION 1. The People of the State of Michigan enact, That Commisere Stephen Rossman, Josiah Russell and Morton Shearer, be and they are road hereby appointed commissioners to lay out and establish a State road, commencing at the village of Greenville, in the county of Montealin, thence on the most eligible route to the Big Rapids, on the Muskegon River, in town fifteen north, of range number ten west.

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Sec. 2. The commissioners shall cause an accurate survey of the road so established by them to be made, which they shall cause to be filed in the office of the county clerk for the county of Montcalm.

Sec. 3. That in all cases in which damages may be claimed by reason of the laying out and establishing of such road, the same proceeding shall be had thereon in each organized township through which the same shall be laid, as may be required by the laws in force at the time said claim is made, for the assessment of damages in cases of roads laid out by township commissioners.

Sec. 4. That no part of the expenses in laying out and establishing
such road shall be chargeable to, or paid from the State Treasury.
Sec. 5. This act shall take effect immediately.
Approved February 10, 1855.

[ No. 55.]

When patent to issue.

Evidence

to be furnished.

AN ACT to provide for issuing a certain Patent to John Blake, of
Berrien county.

SECTION 1. The People of the State of Michigan enact, That the Governor of this State is hereby authorized to issue or cause to be issued to John Blake, his heirs or assigns, a patent for the west half of the south-west quarter of section number twelve, in township eight south, of range eighteen west, upon satisfactory evidence being furnished to said Governor that the aforesaid John Blake, his heirs or assigns, are the holders and owners of the certificate originally issued for the aforesaid parcel of land from the State Land Office, in the year eighteen hundred and forty-five, by Digby V. Bell, Commissioner of Payment to said Land Office, to one John Harris: Provided, That before said pat ent shall be issued, payment in full of all moneys due or to become due, of principal or interest, for the aforesaid parcel of land, shall be made by the said John Blake, his heirs or assigns.

be made in

full.

Approved February 10, 1855.

[ No. 56.]

AN ACT to amend section one of act number two hundred and fiftytwo of the session laws of 1850.

number 252

amended.

SECTION 1. The People of the State of Michigan enact, That the Sec. 1 of act words "and for five years thereafter," in the fifth line of section number of 1850 one, of act number two hundred and fifty-two, of the session laws of one thousand eight hundred and fifty, be stricken out, and the words "and for ten years thereafter," inserted instead thereof, so that said sec-' tion, when amended, shall read as follows:

tax appro

Improve

"SECTION 1. The People of the State of Michigan enact, That for Non-resid't the purpose of improving said road, that there shall be and is hereby priated to appropriated, to be expended as hereinafter provided, the non-resident road. highway tax for the year one thousand eight hundred and forty-nine, which shall remain unexpended on the fifteenth day of April inst., and for ten years thereafter, upon land owned by non-residents upon the line of said road, for the distance of one mile each way from the centre on lands of said road, (excepting therefrom all taxes heretofore specially appro- on each priated): Provided, That if any lot or description, not exceeding eighty Proviso. acres of land, (owned by non-residents aforesaid) shall be partially embraced within said limits and extend beyond said one mile, the highway tax upon said description shall be deemed appropriated as aforesaid." Sec. 2. This act shall take effect immediately. Approved February 10, 1855.

one mile

side.

[No. 57. ]

AN ACT to incorporate the Village of Dundee.

SECTION 1. The People of the State of Michigan enact, That all that tract of country situated in the township of Dundee, in the county of Monroe, known and designated on the plats in the land office of Monroe District, as the north fraction of the south-east fractional quarter of section thirteen, and the south fraction of the south-east fractional quarter of section thirteen, in township six south of range six east, and so much of the north-east fraction of said section, being a part of the Macon Reserve (so called,) as lies south of the centre of said

Boundaries of village of Dundee.

Annual elec tion; when and where

to be held.

be elected.

section, also the plat known as the Daniel Fish plat, be and the same is hereby constituted a town Corporate, by the name of the village of Dundee.

Sec. 2. The male inhabitants of said village having the qualifications of electors under the Constitution of the State, shall meet at the red school house in said village, on the first Wednesday of April next, and on the first Wednesday of April annually thereafter, at such place as shall be provided in the by-laws of said village, and then and there Offeers to proceed by a plurality of votes to elect by ballot from among the qual ified electors residing in said village, three trustees, two assessors, one president, one recorder, and one treasurer, who shall hold their offices Term of of one year, and until their successors are elected and qualified: Provided, That if an election of such officers shall not be made on the day when, pursuant to this act it ought to be made, the said corporation for that Election in cause shall not be deemed to be dissolved, but it shall and may be lawes, when ful to hold such election at any time thereafter, pursuant to public notice to be given in the manner hereinafter described.

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certain ca

may be held.

First elec tion; how

Subsequent elections.

Sec. 3. At the first election to be holden in said village under this conducted. act, there shall be chosen viva voce, by the electors present, two inspectors and a clerk of said election, each of whom shall take an oath or affirmation, to be administered by either of the others, faithfully and honestly to dischargo the duties required of him as inspector or clerk of said election, who shall form the board of election, and shall conduct the same and certify the result in the same manner that the common council are required to do by this act; and all subsequent elections sha!! be held in said village and superintended by the president, recorder, and one or more of the trustees; and further, that at all elections the polls shall be opened between the hours of nine and ten o'clock in the forenoon, and shall continue open until three o'clock in the afternoon of the same day, and no longer; and that the name of each elector voting at Poll list to such election shall be written in a poll list, to be kept at such elec ion, by the officer or officers holding the same; and the said officer or officers shall proceed, without delay, publicly to count the ballots, unopened, and if the number of the ballots so counted shall exceed the number of the electors contained in the poll list, the officer or officers holding said in election shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess; and if two or more ballots be found folded i

be kept.

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