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Sec. 50. The inspectors of the State Prison and the managers General board of of the State House of Correction and Reformatory shall together State Prison and constitute a general Board, and shall meet together semi-annually State House of alternately at sach Prison and House of Correction ; and it shall be their duty acting in conjunction to ascertain the number of per- Power to transfer sons confined in each institution, their conduct, and so far possible, their offenses and character; and if it shall appear that either the State Prison or the State House of Correction and Reformatory has or is likely to have more convicts than there are cells therein, or that there is a greater number of convicts in either one than can be well accommodated therein, or that such convicts where they are cannot be employed profitably by the State, or whenever in the judgment of the Boards so acting jointly, the interests of the State, or the health or improvement of the convicts or any of them demand it, or where it is otherwise material, or in furtherance of justice, the said Board, constituted as above stated, shall have and are hereby invested with power to transfer persons convicted of crime from one institution to the other and may by warrant directed to the warden of the institution from which it is deemed desirable to remove any such person, direct him to forthwith transport such convicts to the other institution, designating them by name, and the warden to whom such warrant is directed, shall at once cause the persons so nained to be removed, to be safely and securely transported to the institution to which they are to be sent, and shall deliver convicts with the certified copy of their sentence to the warden of the institution to which they shall be sent: Pro- Proviso-order vided, That the judge of any court in pronouncing sentence, here- of judge upon after, upou an adjudged criminal, shall order his confinement in sentence. the State Prison at Jackson, or the House of Correction at Ionia, with provision that the general board of managers of said State Prison and House of Correction shall have power to transfer such adjudged criminal from one of said institutions to the other: Pro- Proviso-certain vided further, That person shall be transferred from the State persons not to be

transferred. Prison to the State House of Correction and Reformatory, who are undergoing sentence for life, or who are more than twenty-five years old, or who are known to have been previously convicted of grave offenses; and the warden of the institution to which such transferred [convict] shall be sent, shall receive and keep them according to their sentences, as if they had been originally committed to such institution. The members of the said Board shall elect at Chairman of their first meeting a chairman, to hold his office during the pleasure board. of the Board, and the clerk of the institution at which such meeting is held shall be clerk of said Board, and shall enter upon the records of such institution a full statement of their proceedings, and all its transactions touching transfers shall be decided by a vote of at least a majority of each Board. The several mem- Compensation of bers of the said general Board shall be allowed their actual expenses board.. in going to and from the places of meeting, and the sum of three dollars per day for each day necessarily and actually employed in their said duties, to be certified by the secretary of the Board, on

the oath of each member, and paid by the State Treasurer on the warrant of the Auditor General.

Approved May 12, 1877.

ation for.

[No. 117. ] AN ACT to provide for an assistant to the State Librarian, and

for the expense of the removal of the State Library to the rooms

designed therefor in the new capitol. Assistant libra SECTION 1. The People of the State of Michigan enact, That rian, appropri- the sum of three hundred dollars for the year one thousand eight

hundred and seventy-seven and the sum of five hundred dollars for the year one thousand eight hundred and seventy-eight, be and the came is hereby appropriated out of any money in the State Treasury to the credit of the general fund not otherwise appropriated, for the

payment of an assistant State Librarian, and that the State LibraAppointment of. rian, with the advice and consent of the Governor, be authorized to

appoint such assistant, at a salary of not exceeding three hundred dollars for the balance of the year eighteen hundred and seventyseven, and of not exceeding five hundred dollars for the year

eighteen hundred and seventy-eight. Such salary payable monthly. Appropriation SEC. 2. That there be appropriated in like manner for the year for removal of State library.

one thousand eight hundred and seventy-eight the sum of three hundred dollars, or so much thereof as may be necessary, for the expense of removal of the State Library to the rooms designed therefor in the new capitol building, to be certified by the State

Librarian and audited by the State Board of Auditors. How drawn Sec. 3. The money so appropriated shall be drawn from the State and expended. Treasury upon the warrant of the Auditor General, and shall be

expended by the State Librarian, with the advice and consent of the
Governor, for the purpose aforesaid.

SEC. 4. This act shall take immediate effect.
Approved May 12, 1877.

[ No. 118.] AN ACT to amend sections one, two, three, four, five, eight, and

nine of chapter one hundred and forty-six, being compiler's sections four thousand and forty-four, four thousand and fortyfive, four thousand and forty-six, four thousand and forty-seven, four thousand and forty-eight, four thousand and fifty-two, and four thousand and fifty-three, of the compiled laws of eighteen hundred and seventy-one, relative to the collection of tolls and for the care, charge, and operating of the St. Mary's Falls Ship Canal.

SECTION 1. The People of the State of Michigan enact, That sections one, two, three, four, five, eight, and nine of chapter one

Sections amended.

hundred and forty-six, being compiler's sections four thousand and forty-four, four thousand and forty-five, four thousand and fortysix, four thousand and forty-seven, four thousand and forty-eight, four thousand and fifty-two, and four thousand and fifty-three of the compiled laws of cighteen hundred and seventy-one, be and the same are hereby amended so as to read as follows:

(4044.) Sec. 1. The Governor is hereby authorized, by and with Appointment of the consent of the Senate, to appoint a superintendent and a and collector of collector of tolls of the Saint Mary's falls ship canal, whose terms tolls of office shall commence at the time they are appointed and qualified, Terms of office. and continue for two years from the first day of January of the year in which they are appointed, or until their successors in office are appointed and ready to enter upon their duties, and the said superintendent and collector shall each, before entering upon the Oath and bond, duties of his office, and within twenty days after receiving official notice of his appointment, take and subscribe the constitutional oath of office, and shall each give a bond to the people of the State of Michigan in the sum of twenty thousand dollars, with two or more sureties, conditioned for the faithful discharge of the duties of his office and for the rendering of a just and true account of all moneys that may come into his hands, and for the prompt payment thereof to the State Treasurer, as required by law, which bonds shall be Approval of approved by the Governor, Auditor General, and State Treasurer, bonds. who are hereby appointed and constituted a board of control of Board of control. said canal, and shall, within the aforesaid twenty days, be deposited, together with the oaths above mentioned, with the Secretary of State, who shall file and preserve the same in his office. Said Superintendent superintendent, under the direction of said board of control, shall of board to have have the general care and supervision of said canal and of the prop- cision of canai. erty belonging thereto, and of the operating thereof, and shall be authorized in such manner and form as said board shall by general rules and regulations provide to employ such assistants and purchase such material as shall be necessary for operating and keeping the same in repair, and shall be empowered to remove all obstructions to such canal as shall be prescribed by said board of control, and shall make all such repairs or alterations as shall be directed by said board. All bills for labor performed or materials furnished for the said canal shall be certified by the superintendent to the collector on such forms and shall be paid on such vouchers as said board of control shall prescribe: Provided, That no bills shall be proviso. certified unless the labor has actually been performed or the materials actually delivered. It shall be the duty of said superintendent To transmit to on the last day of each month to transmit to the board of control statements of a statement of the vessels passing through said canal for the current vers els passing month, exhibiting date, name of vessel and captain, tonnage, place etc. of enrollment, whether steamboat, propeller or sail vessel, and of tolls collectible from each; also the condition of said canal and of all repairs made for the current month, and an estimate of such repairs and expenditures as he may deem to be necessary for the succeeding month. The superintendent shall receive such salary

Salary.

Canal fund.

bills for expen.

see, etc,

as shall be fixed and established by said board, not exceeding one thousand five hundred dollars per annum, which shall include all clerk hire under said superintendent, payable by the State Treasurer from the Saint Mary's falls ship canal fund on the warrant of the

Auditor General. Collector to have (4045.) SEC. 2. The collector of said canal shall have charge of charge of money, books, receive

the money, books, and accounts of the canal, and shall receive such tolls, etc.

tolls from vessels passing into or through said canal as shall be hereinafter provided and established by this act, and shall keep an

accurate account thereof, and on the last day of each month in To transmit du. which any tolls shall be collected, he shall transmit duplicate polica to receipts, receipts of the same to the board of control, and a statement show

ing the amount of money paid out for the benefit of the canal, and for what

purpose, and on the last day of each month, or at such

other time as the board of control shall direct, he shall pay to the Money collected State Treasurer all tolls or moneys collected, over and above a sum State Treasurer. not exceeding five hundred dollars after paying the actual and

necessary expenses for the care, repairs, and operating of said canal subject in all cases to the approval of the said board of control; and the tolls or moneys paid as aforesaid to the State Treasurer

shall be known as the Saint Mary's Falls ship canal fund. The said Collector to pay collector shall, subject to the approval of the board of control, pay

all bills for the expenses of, care, repairs, and operating of the canal, on the certificate of the superintendent as aforesaid, and shall keep the accounts of the canal in the manner required by act number one hundred and forty-eight, of the session laws of eighteen hundred and seventy-three, and shall account monthly to

the Auditor General for all moneys received and disbursed, as To keep record required by said act. It shall also be the duty of said collector to of vessels, car. goes, etc. require and obtain from the master or owner of any steamboat,

propeller, or vessel navigating said canal a statement of their several bills of lading, or cargo, and also the number of passengers, and he shall keep a record of all vessels passing through said canal, exhibiting the name of the vessel and captain, tonnage, place of

enrollment, and whether steamboat, propeller, or sail vessel. It To report shall also be the duty of said collector to make an annual report to Governor, the Governor of this State on or before the last Monday of DecemSalary.

ber in each vear. The collector shall receive such salary as shall be fixed and established by the board of control, not exceeding one thousand five hundred dollars per annum, which shall include all clerk hire under said collector, payable by the State Treasurer from the Saint Mary's Falls ship caual fund, on the warrant of

the Auditor General. Tolls to be paid. (4046.) SEC. 3. Before any vessel shall be allowed to pass into

or through said canal, there shall be paid to the said collector the sum of three cents on every ton of such vessel's enrolled tonnage or measurement, or such other rate per ton as may be at any time established by said board of control, after giving thirty days' notice of such change in two or more daily papers published in Detroit and Cleveland. No toll or other charges shall be collected upon tug

How to keep accounts.

Annually to

to make rules

advance monoy

boats, provided they are not employed in the carrying of freight or passengers, or upon the vessels of the United States engaged in the public service or in the transportation of property or troops of the United States.

(4047.) SEC. 4. It shall be the duty of said board of control to Board of control make, from time to time, such rules and regulations as they may deem necessary for the benefit and usefulness of said canal, and all such rules and regulations shall be binding on said superintendent and collector; and if at any time the tolls of said canal, paid into When tolls not the said canal fund as aforesaid, shall not be sufficient for any nec- repairs State essary or extraordinary repairs of said canal, the said State Treasurer Treasurer may is authorized and empowered to pay or advance such sum or sums of money from any money in the Treasury of this State, not otherwise appropriated, as shall be ordered by said board of control for said repairs, not exceeding ten thousand dollars in any one year; Limit the said sum or sums of money so paid or advanced to be reimbursed to said State Treasurer, with lawful interest on the same, from said canal fund. The members of the said board of control shall each compensation of receive, as compensation for necessary services in going to and from board. and inspecting said canal, the sum of three dollars per day and mileage at the rate of five cents per mile; such compeusation to be paid by the State Treasurer from the canal fund.

(4048.) Sec. 5. Said superintendent and collector shall be sub- Removal of ject to removal, for cause, by the said board of control, and if a and collector.. vacancy shall occur, by removal or otherwise, the said board shall fill such vacancy, and any person so appointed shall execute and file the bond and oath as herein before required, and shall hold his office during the remainder of the term, unless sooner removed.

(4052.) Sec. 8. In case the person at any time appointed as Superintendent superintendent or collector shall not be, or shall not arrive, at the remain in office Sault Ste. Marie at the commencement of his term of office, his until their sucpredecessor, agent, or deputy, being there, shall continue to be charged with and perform the duties of superintendent or collector, as the case may be, until the arrival of the person appointed, and be entitled to receive the salary until the actual arrival of his successor, and subject to the same responsibilities as during the term of his office specially designated by law.

(4053.) Sec. 9. In case the said superintendent or collector shall salary to cease it. be and remain away from the Sault St. Mary's, at any time during canal over two the period for which he is or shall be charged with the care of said weeks canal, for the space of more than two weeks, without the consent of the board of control, at any one time, his salary shall cease and he shall not be entitled to the same during such absence.

SEC. 2. This act shall take immediate effect.
Approved May 12, 1877.

cessors arrive,

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