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vest in company.

the said north line of Menominee county to the Michigamme river, but the title to the lands so granted shall not vest in said company When title to until said railroad, or the portions thereof as hereinafter provided, shall be completed and accepted, and in amounts proportionate to the number of miles so completed and accepted.

SEC. 2. Should said railroad company, accepting the provisions of When lands to this act, its successors or assigns, fail to construct twenty consecutive revert to State. miles of its line of railroad before the first day of January, in the year of our Lord eighteen hundred and seventy-eight, and ten miles of railroad each year thereafter, then all grants of land herein made for that portion of the line not completed within the time specified herein, shall revert to the people of this State: Provided, however, Proviso. That if said railroad company shall in any one year construct more than the number of miles of railroad herein before required to be constructed in such year, the excess shall be credited to said company on account of the amount of railroad required to be built by it in the next succeeding year or years, and said company shall be entitled to receive of the lands hereby granted an amount of lands equivalent to seven sections for each mile of road so actually constructed: Provided Proviso. further, That no lands shall be granted to said railroad company for any railroad or portion of railroad now built east of said Spalding, in the counties of Menominee and Delta, nor for the construction of side tracks, switches, or branches.

Plats of route to
Secretary of State

be deposited with

and Commissioner of Land Office.

SEC. 3. The said railroad company accepting the provisions of this act shall deposit within sixty days after the passage of this act a plat or map of the first twenty miles or more of said railroad northwesterly from Spalding upon the route indicated, and thereafter from time to time when it shall have actually surveyed and adopted the line of each succeeding ten miles or more of said railroad, a plat or map thereof in the office of the Secretary of State, and duplicates of all such plats or maps with the Commissioner of the State Land Office: Provided, That any plat or map heretofore filed with said officers Proviso-plats by said railroad company may be refiled within sixty days after the heretofore filed passage of this act by written notice to such effect from said railroad company to said officers, and such refiling shall be considered and taken to be a proper filing of such plat or map in accordance with this act.

may be refiled.

withdraw land

SEC. 4. It shall be the duty of the Commissioner of the State Commissioner to Land Office, upon the passage of this act, and the acceptance of the from market. provisions hereof by said company as in this act provided, to withdraw from sale all the vacant and unreserved swamp lands belonging to this State in the counties of Menominee and Delta, excepting in range eighteen aforesaid, until said railroad company shall have filed with said Commissioner a list or lists of said lands so selected by it for the construction of its line of road: Provided, The list or Proviso-when lists of said lands so selected for the construction of each portion filed. of the said line of railroad shall have been so filed with the said Commissioner within one year from the date of the deposit of the plat of such portion of its said line of railroad with said Commissioner.

list of land to be

Lands selected

and other lands

ket.

SEC. 5. Upon the filing of all of the lists of said swamp lands so withdrawn from, selected by said railroad company with the Commissioner of the restored to, mar- State Land Office as aforesaid, it shall be his duty to continue withdrawn from sale the swamp lands embraced in said lists to the extent and amount of seven sections per mile of the whole of said line of railroad, according to the filed plats or maps thereof so proposed to be constructed by said railroad company, to be disposed of according to the provisions of this act, and to restore all remaining unselected by said railroad company of said lands so withdrawn to the same condition they were in before such withdrawal from sale, for the purpose of sale or entry.

Lands granted exempt from taxation five years.

What lands granted.

How road shall be constructed.

Governor to examine road, issue patents, etc.

When act to become obli. gatory.

Proviso.

SEC. 6. All lands granted by this act to aid in the construction of said line of railroad shall, while they continue to be held by said railroad company, remain exempt from any tax levied for State, county, township, or any other purpose for the the term of five years from and after the date that said railroad company shall become entitled to said lands.

SEC. 7. The lands granted by this act are and shall be taken and construed to be the same lands heretofore granted to the said Menominee River Railroad Company, and which remain withdrawn from sale under the provisions of aci number two hundred and twenty-seven of the public acts of eighteen hundred and seventy-five, entitled "An act to promote the early construction of a railroad through the Menominee Iron Range," omitting therefrom the State swamp lands in range eighteen (18) west, as herein before excepted.

SEC. 8. The said railroad shall be of first-class construction, with not less than twenty-six hundred cross ties per mile, laid with iron or steel rails of not less than fifty-six pounds per yard, joined by fish plates, and of the gauge of four feet and eight and one-half inches.

SEC. 9. Before any lands shall be conveyed under the provisions of this act by the Governor, he personally, or by some authorized agent, upon notification by said railroad company that the required number of miles or more has been completed within the time provided by this act, shall examine such section of completed railroad, and if after full examination he shall approve of the construction thereof, it shall be his duty to certify the same to the Commissioner of the State Land Office, and patents shall be issued to the said railroad company for the construction of such completed portion of said line of railroad, by the Governor, for the lands to the amount provided in this act, and thereafter in like manner he shall examine and upon approval issue patents for each section of railroad actually constructed in compliance with the terms of this act, until the completion of the whole of the said line of railroad.

SEC. 10. Upon the filing by said railroad company in the office of the Secretary of State of a notification of its acceptance of the ' provisions of this act, the same shall thereupon become obligatory upon the State as well as upon said company: Provided, That said. notification shall be given within sixty days after the passage of

this act.

SEC. 11. This act shall take immediate effect.
Approved March 23, 1877.

[No. 35. ]

AN ACT to reorganize the Eighteenth Judicial Circuit, and create the Twenty-third Judicial Circuit.

circuit.

SECTION 1. The People of the State of Michigan enact, That the Eighteenth counties of Bay, Ogemaw, and Otsego shall be formed into and constitute a judicial circuit, to be known as the eighteenth judicial circuit.

eighteenth cir.

SEC. 2. The judge of the eighteenth judicial circuit shall continue Judge of to hold his office as judge of said circuit, as herein reörganized, cuit to retain for the remainder of his unexpired term, and until his successor is elected and qualified.

office.

circuit.

SEC. 3. That the counties of Presque Isle, Alpena, Montmorency, Twenty-third Alcona, Oscoda, and Iosco shall be formed into and be one judicial circuit, to be known as the twenty-third judicial circuit.

judge and term

SEC. 4. The qualified voters of the counties mentioned in the Election of third section of this act shall, on the first Monday of April, in the of office. year of our Lord eighteen hundred and seventy-seven, elect a circuit judge, who shall hold his office, commencing on the first day of May, in the year eighteen hundred and seventy-seven, and ending on the first day of January, in the year of our Lord eighteen hundred and eighty-two.

SEC. 5. It shall be the duty of the sheriff of the several counties Notices of mentioned in section three of this act, at least ten days previous to the first Monday in April, in the year of our Lord eighteen hundred and seventy-seven, to notify the township clerk of each township, and ward inspectors of election in each ward of any city in their respective counties, of said election of circuit judge, and the township clerks and ward inspectors shall post notices in the usual manner, for such election in townships and wards, at least three days previous to the day of election.

ducting election.

SEC. 6. The said election for circuit judge shall be conducted and Manner of conreturns made as provided by law for the election of circuit judges for the several judicial circuits of this State, and the State Board Canvass of votes. of Canvassers shall, without delay, on the receipt of the certified statements of the votes given in said counties named in the third section of this act, proceed to canvass the said votes, and to deliver to the person elected a copy of their determination, as required by law.

SEC. 7. All acts or parts of acts, contravening the provisions of Acts repealed. this act, are repealed.

SEC. 8. This act shall take immediate effect.

Received at the executive office March 23, 1877.*

*Became a law under section 14 of Article IV. of the constitution without the approval of the Governor.

4

Section amended.

Highway labor, how and by whom estab. lished.

How to be assessed,

Residue, how apportioned.

[No. 36. ]

AN ACT to amend an act entitled "An act to amend section five (5) of chapter twenty-four (24) of the compiled laws of eighteen hundred and seventy-one (1871), being an act relative to persons liable to work on highways, and making assessment therefor," as amended by act number one hundred and seventy-nine, of the session laws of eighteen hundred and seventy-five, approved May first, eighteen hundred and seventy-five.

SECTION 1. The People of the State of Michigan enact, That section five (5) of chapter twenty-four of the compiled laws of eighteen hundred and seventy-one, being compiler's section one thousand two hundred and twenty, being an act relative to persons liable to work on highways, and making assessment therefor, as amended by act number one hundred and seventy-nine, of the session laws of eighteen hundred and seventy-five, approved May first, eighteen hundred and seventy-five, be and the same is hereby amended so as to read as follows:

SEC. 5. In making the estimate and assessment of highway labor the commissioner shall proceed as follows:

First, Every male inhabitant in each road district being above the age of twenty-one and under the age of fifty, except pensioners of the United States, and other soldiers and sailors honorably discharged, who are disabled from performing manual labor by reason of wounds received, or diseases contracted while in the service of the United States, paupers, idiots, and lunatics, shall be assessed one day.

Second, The residue of highway labor to be assessed, not exceeding one day's work upon one hundred dollars valuation, shall be apportioned upon the estate, real and personal, of every inhabitant in each of the road districts in such township, and upon each tract or parcel of land in the respective road districts of which the owners are non-residents, as the same appear by the assessment roll. But the amount of said highway assessment, not exceeding one day's labor, nor less than one-tenth day's labor upon one hundred dollars valuation may be determined by the vote of the electors of each township at their annual meeting immediately after the election of overseers of highways: Provided, That townships not having one hundred inhabitants be debarred from voting more than one-half day's labor on each one hundred dollars of valuation: And proFurther proviso. vided further, That all moneys so raised shall be expended in the surveyed townships where the same is assessed: And provided Farther proviso. further, That in case the electors of any township at their annual meeting shall neglect or refuse to vote a highway tax as hereinbefore provided, the commissioner of highways shall assess a highway tax which shall not exceed one-half day's labor upon each one hundred dollars' valuation of his township.

Proviso.

Commissioner to fix number of

Third, The commissioner shall affix to the name of each person named in the list furnished by the overseers and not assessed upon property shall be the assessment roll, and also to each valuation of property within

days persons and

assessed.

the several road districts, the number of days which such persons
or property shall be assessed for highway labor, adding one day to
the assessment of each person liable to a poll tax and assessed upon
the township assessment roll.

SEC. 2. This act shall take immediate effect.
Approved March 24, 1877.

[No. 37%.]

priated.

AN ACT making an appropriation for completing the new State Capitol, and for the electrician work for said building. SECTION 1. The People of the State of Michigan enact, That the Amount appro sum of twenty-five 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 year eighteen hundred and seventyseven, to be expended by the Board of State Building Commissioners, in their discretion, in payment for the electrician work for the new State Capitol, and for necessary expenses in the completion of said building.

SEC. 2. The amount appropriated in section one of this act shall How apportioned be apportioned by the Auditor General in the State tax for the year eighteen hundred and seventy-seven, and when collected shall be placed to the credit of the State building fund: Provided, That Proviso. if any portion of the amount hereby appropriated shall be required by the Board of State Building Commissioners for the purposes herein before mentioned before the same shall be collected and placed to the credit of the State building fund, the Auditor General is hereby authorized to advance from the general fund the amount so required, such amount so advanced to be returned to the general fund when the same shall have been collected.

SEC. 3. This act shall take immediate effect.
Approved March 29, 1877.

[No. 38. ]

AN ACT to amend act number eighty-two of the session laws of eighteen hundred and seventy-three, approved April fifteen, eighteen hundred and seventy-three, by adding one new section thereto, to stand as section twenty-two, providing for the organization of mutual fire insurance companies to insure property in cities and villages exclusively.

SECTION 1. The People of the State of Michigan enact, That act Section added. number eighty-two of the session laws of eighteen hundred and seventy-three, approved April fifteen, eighteen hundred and seventythree, entitled "An act to provide for the organization of mutual fire insurance companies, and defining their powers and duties; and to repeal chapter ninety-seven of the compiled laws of eighteen hundred and seventy-one," and also act number ninety-four of the session

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