Duties of commission ers. treasurer. him placed to the credit of the fund created by this act, for the improvement of the road herein named. Sec. 6. It shall be the duty of said commissioners, on or before the first day of December next, to make out a list of all non-resident lands coming under the provisions of this act, and deliver the same to the county treasurer of Duties of Co. the county of Sanilac, who shall thereupon open an account with said commissioners, and credit to said commissioners all moneys that may thereafter be paid into his office as non-resident highway taxes upon any of the lands described in such list, according to the provisions of this act, and charge said commissioners with all moneys which may be drawn by their order, for the improvement of said road. Expenses, how paid. Duties of commission tion to re Sec. 7. It shall be the duty of the said commissioners, or any two of them, in the payment for any labor performed, or materials furnished in the improvement of the said road, to issue their certificate to any person or persons to whom they may be indebted by virtue of their office, for work and labor done upon said road, or for materials furnished as aforesaid, and may attach to such certificate an order upon the county treasurer of said county of Sanilac for the amount thereof, payable out of the fund created by this act for the improvement of said road, who shall pay the same out of said fund, and charge the same as provided in section six of this act. Sec. 8. It shall be the duty of said commissioners to ers in rela- render to the board of supervisors of the county of Saniceipt and lac, at their annual meeting, a true account of the receipts of moneys. and disbursements of all moneys they may have received disbursem't or expended under the provisions of this act, and the said board in their discretion may examine any one of such commissioners on oath, touching the correctness of such account. Sec. 9. Any overseer of highways or any township overseers of highways & treasurers. treasurer of any of the townships in which are situate Duties of any of the lands coming under the provisions of this act, township who shall receive the whole or any part of any non-resident highway tax on such lands, shall immediately pay over the same to the county treasurer of said county of Sanilac, to be by him placed to the credit of the said commissioners, as provided for in other cases. Sec. 10. Said commissioners may receive donations and Donations. subscriptions for the benefit of said State road, and shall cause the same to be faithfully expended and applied to the improvement of said State road. tion. Sec. 11. The said commissioners shall receive as com-Compensapensation for their services, one dollar and fifty cents per day, while actually engaged in the performance of the duties imposed upon them by this act, which amount shall be How paid. paid out of the fund created by this act, after their accounts for the same, verified by their oaths, shall have been audited by the board of supervisors of said county of Sanilac. Sec. 12. The right of way for said road through any Right of way lands belonging to this State is hereby granted and confirmed to the several townships in which the lands may be, and the State shall not be liable for any expenses incurred or damage sustained by virtue of this act. how filled. Sec. 13. In case any vacancy shall occur in the office of Vacancies, commissioner, as created by this act, upon application being made by five freeholders of said county, the county treasurer, sheriff and prosecuting attorney of said county, shall proceed at once to appoint a commissioner or commissioners to fill such vacancy, which appointment shall be in writing, and signed by at least two of such officers, and filed in the office of the county treasurer of said county, and such appointee or appointees shall give bonds in like manner and have the same powers as the commissioners appointed by this act. Commission. ers for det'r mining the necessity for taking pri ty. Sec. 14. The commissioners appointed by this act may make application to the circuit court of the county of vate proper. Sanilac, during any session thereof, for the appointment of the [three] commissioners by an order of such circuit court, whose duty it shall be, when private property is taken for the use of said State road, to ascertain the necessity of taking the same, appraise the damage and fix the compensation therefor, according to the provisions of section two of article eighteen of the constitution of this State, and whenever such application shall be made as aforesaid, it shall be the duty of the said circuit court to appoint said commissioners for the purposes aforesaid, by an order to be entered upon the journals of said court, without delay or evasion. Their duties Sec. 15. It shall be the duty of the said last mentioned commissioners, after their appointment by the said court, to procure [proceed] without delay to ascertain the necessity of taking such private property as is claimed to be necessary by the first mentioned commissioners, and if by them deemed necessary to be taken, they shall appraise the damages and award the compensation therefor, as is provided by law in ordinary cases of laying out highways, and shall file such award in writing, signed by them, in the Am't award- office of the township clerk of the township where the against the property taken may be, and the same, to-wit, the damages and the compensation therefor, shall become a legal charge against the said respective townships, as is provided in ordinary cases of laying out highways. ed a legali charge township. Compensa. tion of last missioners. ད Sec. 16. The compensation of the last mentioned comnamed commissioners appointed by the said circuit court, shall be one dollar and fifty cents per day for each day actually spent by them in the discharge of their duties under this act and the appointment aforesaid, which shall be allowed and paid in the same manner as in case of the first mentioned commissioners. Sec. 17. All acts and parts of acts contravening the provisions of this act, are hereby repealed. Sec. 18. This act shall take immediate effect. Approved February 4, 1858. [No. 29. ] AN ACT to amend an act entitled "an act to incorporate the Village of Allegan," approved March 20th, A. D. 1838, and to repeal an act amendatory thereto, approved April 28th, A. D. 1846. SECTION 1. The People of the State of Michigan enact, That act No. 43, of the session laws of eighteen hundred and thirty-seven and eight, entitled an "act to incorporate the village of Allegan, be, and the same is hereby amended so as to read as follows: SECTION 1. The People of the State of Michigan enact, Boundaries. That all that tract of land embraced in section twentyeight, town two north, of range thirteen west, in which the county site of Allegan county was located, be and the same is hereby constituted a town corporate, and shall be hereafter known by the name or title of the village of Allegan. Sec. 2. The male inhabitants of said village having the Elections. qualifications of electors under the constitution, shall meet at the "Old Court House," in said village, on the second Monday of March next, and on the second Monday of March, annually thereafter, at such place as shall be provided in the by-laws of said village, and then and there proceed by a plurality of votes to elect by ballot from among the qualified electors residing in said village, five trustees, two assessors, one president, one recorder and What offone treasurer, who shall hold their offices for one year, and elected. until their successors are elected and qualified: Provided, That if an election of such officers shall not be made on cers to be Judges of election. elosing of the polls. the day when pursuant to this act it ought to be made, the said corporation for that shall not be deemed to be dissolved, but it shall and may be lawful to hold such election at any time thereafter, pursuant to public notice to be given in the manner hereinafter described. Sec. 3. At the first election to be holden under this act, there shall be chosen viva voce, by the electors present, two judges 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 discharge the duties required of him as judge 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: Opening and and subsequent elections shall 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 continue open until three o'clock in the afternoon of the same day, and no longer; and that the name of each elector so voting at such election shall be written in a poll list, to be kept at such election by the officer or officers holding the same; after the close of the polls at such election, the said officer or officers shall proceed without delay, publicly to count the ballots, (unopened) and if the number of ballots so counted, shall exceed the number ef electors contained in the poll list, the officer or officers holding said election shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess; and if two or more ballots shall be found rolled or folded together, they shall not be estimated: and thereupon the officer or officers holding such election shall immediately proceed openly and publicly to canvass and when to be estimate the votes given at such election, and shall comcompleted. plete the said canvass and estimate on the same day or on Ballots counted. Canvass, |