relating to cir ographer shall be engaged, sections one and four of an act entitled Sections of act "An act to declare and establish the practice in charging or cuit courts passed instructing juries, and in settling the law in cases tried in circuit in 1869 not to courts," approved March twenty-sixth, eighteen hundred and sixty-nine, shall not apply. apply. to Kent county. SEC. 11. All acts or parts of acts, contravening the provisions Acts not to apply hereof, in force at the time of the passage of this act, shall be construed as void and of no effect, as applying to the county of Kent. SEC. 12. This act shall take immediate effect. Received in the executive office May 4, 1877.* [No. 134. ] AN ACT to provide for the laying out and establishing of a State road in the county of Isle Royal. SECTION 1. The People of the State of Michigan enact, That Commissioners Stanley G. Wight and A. O. Kruger, of Isle Royal county, be and to lay out road they are hereby appointed commissioners to lay out and establish a State road from Washington Harbor, at the most eligible point on section twenty-nine of township sixty-four north of range thirtyeight west, on the most direct and feasible route to the harbor of McCargo's Cove, at the most eligible point on section twenty-six of township sixty-six, north of range thirty-five west, in said county of Isle Royal, and said commissioners shall cause the minutes of the survey of said road as laid out by them, to be filed for record in the office of county clerk of said county on or before the first day of December, eighteen hundred and seventy-seven. appropriated. SEC. 2. For the purpose of constructing and improving the road Swamp lands contemplated and described in the foregoing section, there is hereby appropriated all the unsold State swamp lands in the county of Isle Royal: Provided, That the amount hereby appropriated shall not exceed four thousand acres. granted. SEC. 3. The right of way for said road through any lands Right of way belonging to the State is hereby granted and confirmed to the said county of Isle Royal. take oath and SEC. 4. It shall be the duty of said special commissioners before Commissioners to entering upon the duties of their office to take and subscribe an give bonds, etc.. oath to faithfully perform the duties herein assigned to them, and shall file said oath in the office of the county clerk of said county, and each of said commissioners shall execute and deliver to the county treasurer of said county a bond in the penal sum of five thousand dollars, with two good and sufficient sureties, to be approved by said county treasurer, conditioned for the faithful performance of their duties under this act, and in case of any default in the condition of said bonds, or either of them, it shall be the duty of the county treasurer to prosecute the same in the name of said county in any court of competent jurisdiction. * Became a law under section 14 of Article IV. of the Constitution, without the approval of the Governor. commissioners. How paid. Compensation of SEC. 5. The said commissioners shall be entitled to receive as compensation for their services under this act, a sum not exceeding two dollars and a half for each day of actual service, and their accounts for the same, verified by their oaths, shall be audited by the board of supervisors of said county, and said accounts and the expense of surveying said road but shall be paid by said county. SEC. 6. In case a vacancy occurs from any cause in the commissioners mentioned in section one of this act, the Governor of this State shall fill the same by appointment, and he shall have power to remove, upon cause shown, one or both of said commissioners, and to appoint new commissioners in his or their stead. SEC. 7. This act shall take immediate effect. Approved May 16, 1877. Vacancy in commission, etc. Amount appropriated. Purposes of appropriation. Work done under direction of Board of State Building Commissioners. Apportioned by [No. 135.] AN ACT making an appropriation for improvement of the grounds surrounding the new State Capitol, and furnishing the Legislative halls, the State Library and the Supreme Court room therein. SECTION 1. The People of the State of Michigan enact, That the sum of forty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the State building fund in the State Treasury, for the following purposes, viz.: for furnishing the Senate chamber, Representative hall and Supreme Court room in the new capitol, with the necessary rostrums, desks and seats; for constructing two intermediate galleries in the State library, and furnishing the same with the proper cases for books, maps, and other articles; for purchasing and putting in grates and mantels where the same are required by the plans for said building; for laying out, grading and otherwise improving the grounds surrounding said capitol; for constructing cisterns with the necessary connections, with the building and drainage; and for stone walks from the several entrances to the grounds to the building, and in front thereof. SEC. 2. The several parts of the work provided for in section one of this act, shall be done under the direction of the board of State building commissioners, who shall advertise for proposals for doing the same, in the manner provided by act number sixty-seven, of the laws of eighteen hundred and seventy-one, entitled, "An act to provide for the erection of a new State capitol, and a building for the temporary use of the State offices," approved March thirty-one, in the year of our Lord one thousand eight hundred and seventy-one, and shall contract for said work in the manner provided in said act. SEC. 3. The amount appropriated by section one of this act, shall Auditor General, be apportioned by the Auditor General in the State tax, one-half of the same in the tax for the year eighteen hundred and seventy etc. seven, and one-half in the tax for the year eighteen hundred and SEC. 4. This act shall take immediate effect. [No. 136.] AN ACT making appropriation for the Board of Fish Commissioners for the year eighteen hundred and seventy-seven, and the year eighteen hundred and seventy-eight. SECTION 1. The People of the State of Michigan enact, That Amount approthe sum of seven thousand dollars is hereby appropriated for the priated, year eighteen hundred and seventy-seven, commencing July first, eighteen hundred and seventy-seven, and ending June thirty, eighteen hundred and seventy-eight; and the sum of seven thousand dollars for the year eighteen hundred and seventy-eight, commencing July first, eighteen hundred and seventy-eight, and ending June thirty, eighteen hundred and seventy-nine, for the necessary expense incurred by the Board of Fish Commissioners, which the State Treasurer shall pay to said board on the warrant of the Auditor General, from time to time, as their vouchers for such expenses shall be exhibited and approved: Provided, That Proviso. not more than two hundred dollars per annum be applied for the use of water in the city of Detroit. tax. SEC. 2. The sum of seven thousand dollars the Auditor General Auditor General shall add to and incorporate with the State tax for the year eight- to incorporate in een hundred and seventy-seven, and the further sum of seven thousand dollars he shall add to and incorporate with the State tax for the year eighteen hundred and seventy-eight, which sums when collected shall be paid into the treasury to reimburse the same for the amounts to be drawn as provided in section one of this act. Approved May 16, 1877. [No. 137.] AN ACT to repeal section three of an act entitled "An act to repealed. Roscommon," being act number forty-one of the session laws of SEC. 2. This act shall take immediate effect. Section amended. Time executor or administrator to possession of personal estate. subject to sale for debts. Authority of circuit court to restrain waste. [No. 138.] AN ACT to amend section four thousand four hundred and seven of the compiled laws of eighteen hundred and seventy-one, relative to the inventory and collection of the effects of deceased persons, as amended by act number two hundred and three of the session laws of eighteen hundred and seventy-five. SECTION 1. The People of the State of Michigan enact, That section four thousand four hundred and seven of the compiled laws of eighteen hundred and seventy-one, relative to the inventory and collection of the effects of deceased persons, as amended by act number two hundred and three of the session laws of eighteen hundred and seventy-five, be and the same is hereby amended so as to read as follows: (4407.) SEC. 7. The executor or administrator shall be entitled shall be entitled to the possession of the personal estate of the deceased until assignment or distribution of the same to the heirs, legatees, or other persons entitled thereto, by the order of the probate court, or until Time real estate the estate is finally settled. The real estate of the deceased shall remain subject to sale for the payment of debts under license from the probate court for the term of six years from and after the death of the deceased, unless the debts are all sooner paid; and the circuit court in chancery shall have authority upon the application of the executor or administrator, or a majority in amount of the creditors holding proved debts, to grant an order restraining the commission of waste upon such real estate during the settlement of the estate. Such application shall be in the nature of a petition, which shall be duly verified and shall allege the facts upon which the prayer for such order is based. If the judge of the circuit court in chancery shall consider a proper case to have been made by such petition he shall issue an order to the person or persons sought to be restrained to show cause at a time to be therein stated why the order asked for should not be granted, which order to show cause shall be personally served at least ten days before the date fixed therein. If Service of order. the party named in such order cannot be found within the State, service thereof may be made on the persons engaged in the commission of the alleged waste, and at the time fixed in said order to show cause, or at such other time to which the proceedings may be adjourned, the court shall hear the proofs and allegations of the parties as near as may be, as provided for in chapter one hundred and seventy-six of the compiled laws of eighteen hundred and seventy-one, and shall thereupon make such order in the premises as Order to show cause. Court to hear proofs, etc. may be proper and just, and any order so made shall be served in the same manner as the order to show cause. In case of any alleged violation of such order, proceedings may be had and with like effect as provided in chapter one hundred and ninety-seven of the compiled laws of eighteen hundred and seventy-one. Appeals Appeals from may be taken as in other chancery causes from such orders, and said court may at any time on a like application and notice, extend, modify or vacate any such order. Approved May 16, 1877. orders. [No. 139.] AN ACT making appropriations for the maintenance of patients at the Michigan Asylum for the Insane, and for certain repairs, renewals, and additions. priation. ations. SECTION 1. The People of the State of Michigan enact, That General approthe sum of seventeen thousand and five hundred dollars be and is hereby appropriated out of the State Treasury to the Michigan Asylum for the Insane, for the maintenance of patients for the fiscal year eighteen hundred and seventy-eight. Also, the further Special approprisums of one hundred and twenty dollars for the purpose of constructing an iron railing; for a new washing mill, three hundred dollars; for woven wire mattresses for male department, two thousand and five hundred dollars; for extending stone bridge across highway, three hundred and fifty dollars; for cementing the basement of the center building of the female department, seven hundred and thirty dollars; for finishing rear basement south female department, one hundred and seventy-five dollars; for deficiency in the sum appropriated for the connecting building between center building and kitchen, two hundred and eighty-nine dollars; for deficiency in sum appropriated for re-building the boiler and laundry house, for a wagon porch, for arching the pipe ducts, and for constructing a deep drain, three thousand and nine hundred dollars; for deficiency in the sum appropriated for additional laundry apparatus, three hundred and eight dollars; for addition to the sum appropriated for iron girders, brick arches, and tiling the floor of the kitchen of female department, two hundred dollars; for the erection of an ice house, five hundred dollars; for excavating in garden, and the construction of a brick cellar, six hundred dollars; for six ward tables, three hundred and sixty dollars; for the purpose of constructing a sewer, the sum of two thousand and five hundred dollars. for repair fund SEC. 2. That there be and is hereby appropriated out of the Appropriation State Treasury, to the Michigan Asylum for the Insane, the sum for 1878. of two thousand dollars for the fiscal year eighteen hundred and seventy-eight, to be used as a repair fund. SEC. 3. That the trustees of the Michigan Asylum for the Insane are hereby authorized to draw from the general fund of the State |