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Proviso.

Construction,

authorized.

cation shall then stand continued until the time when the citation is returnable: Provided, however, When from any cause a sufficient number of jurors to form a panel shall not appear at the given time, the commissioner may direct some disinterested freeholder to write down the names of disinterested freeholders enough to equal twice the number of vacancies to be filled. The commissioner shall strike off one-half of the names from such list, and shall issue a citation to such freeholders to appear before him forthwith. Approved April 27, 1883.

[ No. 60. ]

AN ACT for the construction of sidewalks, within and along highways in townships and villages.

SECTION 1. The People of the State of Michigan enact, That etc., of sidewalks public sidewalks may be established, opened, improved, and maintained within the boundaries, and along the highways, within this State under the provisions of this act; and the townships and unincorporated villages of this State shall possess the authority herein prescribed, for the building, repairing, and preserving the

Width of sidewalks, etc.

What applications for laying

out sidewalks, etc., to contain.

Notice to be given by com

missioner upon

receipt of application.

Proceedings upon hearing.

Overseers of highways to have care and control of, etc.

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SEC. 2. Public sidewalks shall not be less than four feet in width when constructed of earth, and may be laid out, altered, or discontinued, by the commissioners of highways of any township, within any road district, upon the written application of a majority of the tax payers of any road district, or of two or more contiguous road districts.

SEC. 3. In applications for laying out or altering a sidewalk, the highway along which the walk is to be laid, or the extent to which it is proposed to be changed, shall be described in general terms, and when the application is for the altering or discontinuance of a sidewalk, such walk may be described by any means by which it is known; but if discontinuance of only a portion of the walk is asked for, such portion shall be specified.

SEC. 4. In case of an application the commissioner shall, within five days after receiving the same, issue a written notice stating the object of such application, and appoint a time and place of hearing, which notice shall be served by posting up the same in three public places in each highway district, along the line of the proposed sidewalk, ten days before the time of hearing.

SEC. 5. The commissioner, shall, at the time appointed, proceed to examine the route prescribed, and to ascertain and determine the necessity for laying out, altering or discontinuing a sidewalk pursuant to such application; and within five days after a final determination upon any application, he shall file a full record and return of his doings in the premises, with the township clerk.

SEC. 6. The overseers of highways in each road district shall have the general care and superintendence of such sidewalks, and shall for the purpose of building and repairing the same, use, not to

exceed one-tenth, of the highway labor, or money assessed, in his district.

driving upon

SEC. 7. Whoever shall ride or drive upon any sidewalk laid out Riding and according to the provisions of this act, except for the purpose of prohibited. crossing the same, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to a fine not exceeding five dollars for each offense.

Approved April 27, 1883.

[No. 61.]

AN ACT making an appropriation for the support of the reform school for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four.

tion made.

SECTION 1. The People of the State of Michigan enact, That Appropria there be and hereby is appropriated from the general fund in the State treasury the sum of forty-five thousand dollars to meet the current expenses of the reform school for the year eighteen hundred and eighty-three, and the further sum of forty-five thousand dollars to meet the current expenses of the reform school for the year eighteen hundred and eighty-four.

to credit of

SEC. 2. The several sums appropriated by the provisions of sec- To be placed tion one of this act shall be placed to the credit of the reform reform school. school, and paid on the order of the board of control in quarterly installments, in accordance with the provisions of law.

SEC. 3. The auditor general shall add to and incorporate in the Tax for. State tax for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four the amounts appropriated by section one of this act for each of said years, which amounts when collected shall be passed to the credit of the general fund to reimburse the same for the amounts hereby appropriated therefrom. Ordered to take immediate effect. Approved May 2, 1883.

[No. 62.]

AN ACT to amend section thirteen of an act entitled "An act to authorize the formation of corporations for the purpose of improving the navigation of rivers," approved April fifth, one thousand eight hundred and sixty-nine.

amended.

SECTION 1. The People of the State of Michigan enact, That Section section thirteen of an act entitled "An act to authorize the formation of corporations for the purpose of improving the navigation of rivers," approved April fifth, one thousand eight hundred and sixty-nine, being section two thousand seven hundred and twentyeight of the compiled laws of one thousand eight hundred and seventy-one, be and the same is hereby amended so as to read as follows:

When corpora.

tion may make improvements.

SEC. 13. Every such corporation organized, as herein before prescribed, may make the improvements thus set forth in said plans after the same shall have been approved by said board of control, Powers, liabili and shall have the following powers and be subject to the liabilities and restrictions following, that is to say,

ties and restrictions.

Powerfo make examination and surveys.

To enter upon lands, etc.

Damages.

Acquisition of property.

To divert waters.

Proviso,

First, To cause such examinations and surveys of [for] the proposed improvements, whether of dams or canals, or deepening of the channels to be made along the stream, the navigation of which it is proposed to improve, as may be necessary to prepare for the work to be done, and by their officers and agents and servants to enter upon the lands or waters of any person or company, but subject to liability for all damages which they shall do thereto;

Second, To purchase, and by voluntary grants and donation's to receive, enter upon, take, hold, and use all such lands and real estate and other property as may be necessary for the construction and maintenance of the work proposed in the approved plans of such company;

Third, To divert into such stream to be improved, waters from any lake or lakes in the vicinity thereof by canals to be constructed for that purpose; to divert the water from the present channel of the stream to be improved, by cutting across bends in said river; to To flood lands. flood lands by constructing the necessary dams according to plans approved as aforesaid, and to enter upon, take, and use any lands which may be necessary for the purpose of constructing and maintaining such works and improvements: Provided, That the necessity for such diversion of the water, flooding of lands, and of taking such lands for such purposes, and the damages to be paid therefor, in each case of diversion of water, flooding of land, or taking of the same shall be ascertained, and such damages paid as provided for in sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty two, twenty-three, twenty-four, and twenty-five of an act entitled "An act to provide for the formation of companies to construct plank roads," approved April eighth, one thousand eight hundred and fifty-one, being sections one thousand eight hundred and ninety-four to one thousand nine hundred and five, inclusive, of the compiled laws and the amendments thereto;

To drive logs,

etc., and make contracts for tolls, etc.

Fourth, To have power to drive the logs put into such stream, and for that purpose to make and enforce all necessary contracts with the owners of the logs and other floatables to be driven in such stream, and may also make contracts relative to tolls to be paid by any person for the use for any number of years of any portion of any stream improved by such corporation, and when any such contract is in writing, the same shall be executed on the part of such corporation by its president and secretary under the seal of such corporation.

Ordered to take immediate effect.
Approved May 2, 1883.

[No. 63.]

AN ACT to amend section seven of chapter two hundred and eight of the revised statutes of one thousand eight hundred and seventy-one, being compiler's section six thousand six hundred and thirty, relative to proceedings by and against public bodies having certain corporate powers, and by and against officers representing them.

amended.

SECTION 1. The People of the State of Michigan enact, That sec- Section tion seven of chapter two hundred and eight of the revised statutes of one thousand eight hundred and seventy-one, being compiler's section six thousand six hundred and thirty, relative to proceedings by and against public bodies having certain corporate powers, and by and against officers representing them, be and the same is hereby amended so as to read as follows:

against township.

(6630.) SEC. 7. Whenever a judgment shall have been recovered How judgment against any township, village, or city, or against the trustees or etc., collected. common council or officers thereof, in an action prosecuted by or against them in their name of office, no execution shall be awarded or issued upon such judgment, but the same, unless reversed, shall be levied and collected as other township, village, or city charges, and when so collected shall be paid by the treasurer of said township, village, or city to the person to whom the same shall have been adjudged, upon the delivery of a proper voucher therefor. Ordered to take immediate effect. Approved May 2, 1883.

[No. 64.]

AN ACT to amend section six hundred and twenty-six of the compiled laws of one thousand eight hundred and seventy-one, relating to removals from office.

amended.

SECTION 1. The People of the State of Michigan enact, That Section section six hundred and twenty-six of the compiled laws of one thousand eight hundred and seventy-one, relating to removals from office, be amended so as to read as follows:

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When and by clerks may be

whom county

removed.

(626.) SEC. 12. The judge of the circuit court and the circuit court commissioner shall have authority, in term or vacation, to remove the county clerk when in their opinion he is incompetent to execute properly the duties of his office, or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or willful neglect of duty, if in their opinion such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such miscon- Charges to be duct or neglect, unless charges thereof shall have been preferred to preferred. said judge or commissioner, and notice of the hearing with a copy of the charges delivered to such clerk, and a full opportunity given him to be heard in his defense. All expense on the part of the prosecution for examination of charges, provided for in the pre- examination.

Expense of

ceding section of this act, shall be paid by the counties in which the officer to be examined holds his office.

Ordered to take immediate effect.
Approved May 2, 1883.

Bond required of clerk of

supreme court.

Approval of.

Condition of,

[No. 65.]

AN ACT requiring the clerk of the supreme court to give bonds.

SECTION 1. The People of the State of Michigan enact, That the clerk of the supreme court of this State before entering upon the duties of his office, and within ten days after his appointment to such office, shall give a bond to the people of the State of Michgan, in the penal sum of five thousand dollars, to be approved by the chief justice of the supreme court, for the faithful discharge of the duties of his office. Such bond shall be in each instance for the period of five years, and shall be renewed at all events at the expiration of that time, but the supreme court may require a new or additional bond at any time.

SEC. 2. The condition of such bond shall be in substance as follows:

...hath been

WHEREAS, The above bounden... duly appointed by the supreme court to the office of clerk of the supreme court: Now, therefore, the condition of the above obligation is such, that if the said... ....shall for the

period of five years, if he shall so long continue in office, faithfully, truly, and impartially enter and record all orders, decrees, judgments, and proceedings of said supreme court, and shall faithfully and impartially perform all other duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, and shall deliver over to his successor in office all the books, records, papers, seals, and other things belonging to said office, then the above obligation to be void, otherwise to remain in full force. Approved May 2, 1883.

When executions from courts of record, etc., returnable.

[No. 66. ]

AN ACT relating to executions on judgments in courts of record.

SECTION 1. The People of the State of Michigan enact, That any execution hereafter issued upon any judgment rendered by any court of record in this State, or upon any transcript of a justice's judgment filed in any circuit court, may be made returnable at any time not less than twenty nor more than ninety days from the time such execution shall be issued.

Approved May 2, 1883.

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