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amended.

[ 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, beivg 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.

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: (6630.) Sec. 7. Whenever a judgment shall have been recovered How judgment

against township, 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 bave been adjudged, upon the delivery of a proper voucher therefor.

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

amended,

whom county

[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.

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: . (626.) SEC. 12. The judge of the circuit court and the circuit When and by court commissioner shall have authority, in term or vacation, to Clerks may be remove the county clerk when in their opinion he is incompetent removed. 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 babitual 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 Expense of prosecution for examination of charges, provided for in the pre- examination.

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.

of clerk of

of the ief justice of mof five theo the people

[No. 65.] AN ACT requiring the clerk of the supreme court to give bonds. Bond required SECTION 1. The People of the State of Michigan enact, That court. 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 Approval of. 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. Condition of Sec. 2. The condition of such bond shall be in substance as fol

lows:

WHEREAS, The above bounden........ -..... hath been 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 poid, otherwise to remain in full force.

Approved May 2, 1883.

fahay pay Overi, deliver overther things wise to rem

When executions

record, etc., returnable.

[ No. 66. ] AN ACT relating to executions on judgments in courts of record. When executions SECTION 1. The People of the State of Michigan enact, That any from courts of 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.

use of said

ing canoes and

[No. 67. ] AN ACT to protect and preserve the Quanicassee and Cheboygan.

ning State ditch. SECTION 1. The People of the State of Michigan enact, That no Prohibiting person shall put into or run in or down the State ditch, known as ditches for all the Quanicassee and Cheboyganning State ditch, situate in township floatables except. thirteen (13) north, of range six (6) east, Bay county, any logs, row.boats. timber rafts, ties, posts, poles, cord wood, hoops, or other floatables, other than canoes or row-boats.

SEC. 2. Any person violating any of the provisions of this act Penalty. shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment in the discretion of the court, together with costs of prosecution.

Approved March 17, 1883.

be made and

[No. 68.] AN ACT to provide for laying out of a State road in the county

of Grand Traverse. SECTION 1. The People of the State of Michigan enact, That Appointment of the governor be and he is hereby authorized, within ninety days lavont road after the passage of this act, to appoint a commissioner to lay out authorized. and establish a State road on the most eligible route, from the head of the west arm of Grand Traverse bay, southwesterly through the towns of Garfield, Traverse, Blair, and Grant to the south line of Grand Traverse county.

SEC. 2. It shall be the duty of said commissioner, within three Survey, etc., to years after the passage of this act, to proceed to lay out and establish bico. said road, as provided in section one (1), and cause the same to be surveyed, and a description thereof to be filed with the township clerk of the townships through which said road shall be laid.

SEC. 3. The commissioner, appointed in accordance with the pro- Taking of private visions of section one of this act, may make application to the cir-poster cuit court for the county of Grand Traverse, at any regular term thereof, for the appointment of three commissioners, whose duty it shall be, when private property, is taken for said road, to ascertain the necessity of taking the same and appraise the damage therefor, if any is claimed, and the necessity of taking said property, and the damage therefor shall be certified to by said commissioners, and the certificates thereof shall be filed in the office of the township clerk of the township within which the land so taken and condemned shall lie.

SEO. 4. The said commissioner, provided for in section one of compensation of this act, shall receive two dollars per dav, for each day necessarily commissioner. employed in the performance of his duties under this act.

property for pur. poses of road.

of commissioners appointed by court.

ing out road.

Claims for

Compensation Sec. 5. The commissioners appointed by section three of this act

T® shall each receive the sum of two (2) dollars for each day they are

necessarily employed in the performance of their duties. Expense of lay. Sec. 6. All expenses relating to the laying out of said road, includ

ing salaries of commissioners, and damages allowed to owners of properly, shall be paid by the township through which said road shall run; each township paying all the expenses incurred in laying out and opening the road in that township, as also the right of way through said township.

SEC. 7. The claims for the damage for the right of way, as certified damages, etc.

to by the commissioners mentioned in section three of this act, and all other expenses as they shall be ascertained, audited, and allowed by the township board of said township, shall be paid out of the general highway fund on the order of the supervisor and counter

signed by the township clerk. State not liable. Sec. 8. The State shall not be liable for any expenses incurred,

or damages sustained by reason of this act. Road to be laid SEC. 9. No portion of said road shall be laid out or established

1 after three years from the date of the passage of this act.

ich. SEC. 10. It shall be the duty of the commissioner of highways in way. commission. any organized township, through which the said road may pass, to

open and work the same, in the same manner, and by virtue of the

same law, as township roads are required to be opened and worked. Right of way

Sec. 11. The right of way for said road is hereby granted through any lands belonging to the State of Michigan.

Ordered to take immediate effect.
Approved April 10, 1883.

out, etc., within three years.

Duties of high

ers in reference

to.

through State lands,

commissioner to lay out road authorized

[No. 69.] AN ACT to provide for the laying out of a State road in the

county of Leelanaw. Appointment of SECTION 1. The People of the State of Michigan enact, That the

governor be and he is hereby authorized, within ninety days after the passage of this act, to appoint a commissioner to lay out and establish a State road on the most eligible route, from the head of the west arm of Grand Traverse bay to some point on lake Michigan, in township twenty-eight (28) north, range fifteen west, with a branch from some point on said road to Crapo [Carp] lake, and along the east shore of said lake to the narrows of said lake. Also, a branch from some point on the line of said road to Good Harbor,

via Maple city. Survey, etc., SEC. 2. It shall be the duty of said commissioner, within three

years after the passage of this act, to proceed to lay out and establish said road, as provided in section one of this act, and cause the same to be surveyed, and a description thereof to be filed with the

township clerk of the town through which such road shall be laid. Taking of

SEC. 3. The commissioner, appointed in accordance with the private property for use of road. provisions of section one of this act, may make application to the

to be made and filed,

commissioner.

of commissioners

court.

circuit court for the county of Leelanaw, at any regular term thereof, for the appointment of three commissioners, whose duty it shall be, when private property is taken for said road, to ascertain the necessity of taking the same, and appraise the damage therefor, if any is claimed; and the necessity of taking said property, and the damage therefor, shall be certified to by said commissioners, and the certificates thereof shall be filed in the office of the township clerk, of the township within which the land so taken and condemned shall lie.

SEC. 4. The said commissioner provided for in section one of Compensation of this act shall receive two dollars per day for each day necessarily employed in the performance of his duties under this act.

SEC. 5. The commissioners, appointed by section three of this Compensation act, shali each receive the sum of two dollars for each day they are appointed by necessarily employed in the performance of their duties.

SEC. 6. All expenses relating to the laying out of said roads, Expense of including salaries of commissioners, and damages allowed to laying out of a owners of property, shall be paid by the township throngh which said road shall run, each township paying all the expenses incurred in laying out and opening the road in that township, and paying for rights of way through said township.

Sec. y. The claims for the damages for the right of way as cer- Claims for tified to by the commissioners mentioned in section three of this act, damages, etc. and all other expenses as they shall be ascertained, audited, and allowed by the township board of said township, shall be paid out of the general highway fund on the order of the supervisor and countersigned by the township clerk.

Sec. 8. The State shall not be liable for any expenses incurred State not liable, or sustained by reason of this act.

Sec. 9. No portion of said road shall be laid out or established Road to be laid after three years from the date of the passage of this act.

three years. SEC. 10. It shall be the duty of the commissioner of highways Duties of high. in any organized township through which the said roads may pass, lovers in to open and work the same in the same manner and by virtue of reference to. the same law as township roads are required to be opened and worked.

Sec. 11. The right of way for said roads is hereby granted Right of way through any lands belonging to the State of Michigan.

Ordered to take immediate effect.
Approved April 10, 1883.

out, etc., within

way commis

through State lande,

[ No. 70. ] AN ACT to amend section one, act number seventy-five, session

laws of eighteen hundred and eighty-one, relative to a change of route on the Little Traverse and Mackinaw State road.

SECTION 1. The People of the State of Michigan enact, That Section section one of act number seventy-five, session laws of eighteen hundred and eighty-one, entitled "An act to authorize and empower the board of control of State swamp lands to make an appropriation

amended,

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