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TITLE X X.

CIAPTER LXXXIV.

OF THE REGULATION OF

INTERNAL

IMPROVEMENT.

Bermos
570. Ofice of Acting Commissioner abolished.
$571. Who shall constitute Board of Internal

Improvement.
2372. Acting Commissioner to dispose of Prop-

erty appertaining to Internal Improve.

573. Board to close up business relating to

Internal Improvement, except as to Clin

ton and Kalamazoo Canal. 2574. Auditor General and Secretary of State

authorized to lease Canal. 2575. Appropriation to put same in repair. 1576. Lessees to file aceount with Auditor

General. 3577. State may terminate lease on six months'

Botice.

SECTION

Bond ; Board of Control ; Superintendent
to keep account; Moneys collected to be
paid to State Treasurer; Record of Vessels
passing to be kept; And of amount of

Tolls; Salary of Superintendent.
2579. Superintendent to have charge of Canal;

Monthly statement of Superintendent;

Annual Report.
2580. Tolls to be paid ; Vessels in United States

service, and Tugboats exempt.
2581. Board of Control to make Rules for Super-

intendent; State Treasurer may advance
Moneys for repairs when necessary; Com-

pensation of Board of Control.
2582. Board of Control may remove Superin-

tendent, and fill vacancy.
2583. Plans, Maps, etc., to be delivered to

Superintendent.
2584. Nothing in this to be construed as accept-

ance of Canal.

ST. MARY'S FALLS SHIP CANAL.
SSTS. Superintendent of St. Mary's Falls Ship

Canal to be appointed ; His term; To give

An Act to Abolish the Office of Acting Commissioner of Internal Improvements, and for other

purposes.

(Approved March 17, 1847. Laws of 1847, p. 102.)

(2570.) Section 1. Be it enacted by the Senate and House of Office of Acting Representatives of the State of Michigan, That the office of abolished. Acting Commissioner of Internal Improvement be, and the

Who shall constitute Board of In

wioner to dispose

same is hereby abolished from and after the twentieth day of April next.

(2571.) Sec. 2. The State Treasurer, Secretary of State and ternal Improve. Auditor General shall, from and after the said twentieth day

of April next, by virtue of their offices, constitute a Board of Internal Improvement, and shall have all the powers, and perform all the duties prescribed by law to be performed by such board, or by the Acting Commissioner of Internal Improvement. They shall receive no extra compensation for such services,

necessary traveling expenses excepted. Acting Commis.

(2572.) SEC. 3. It shall be the duty of the Acting Commisof Property ap sioner, on or before the twentieth day of April next, as far as pertaining to Inlernal liprove practicable for the best interests of the State, to dispose of all

the personal property appertaining to the business of Internal Improvements of this State, except such books, papers, maps, profiles, leveling, surveying and mathematical instruments, or other personal property, as in the opinion of the board ought to be retained for the use of the State; and all such books, papers or other property as shall remain, shall be by the Acting Commissioner, on or before the twentieth day of April next, delivered over to the board hereby constituted, to be by them preserved or otherwise disposed of, for the best interests of the State.

(2573.) Sec. 4. It shall be the duty of said board to disbusiness relating

charge all the officers connected with, and to close up the copt as to Clinton business of this State with Internal Improvements under

existing provisions of law, except so far as it may be necessary to continue said business for the preservation of the Clinton and Kalamazoo Canal, its extension, if required by future enactment, and for the proper management of such works of Internal Improvement as may bereafter become the property of the State, or may be directed by law.

Sec. 5. This act shall take effect and be in force from and after its passage.

Board to close up

o Internal Im. provement, ex

and Kaluma zoo Canal

An Act for the Preservation and Leasing of the Clinton and Kalamazoo Canal.

(Approved March 17, 1847. Laws of 1847, p. 144.]

Anditor General and Secretary of

to lease Canal.

(2574.) SECTION 1. Be it enacted by the Senate and House of Btate authorized Representatives of the State of Michigan, That the Auditor

General and Secretary of State be, and they are hereby authorized and empowered to Lease in writing under their hands and seals, the Clinton and Kalamazoo Canal, between

put same in re.

count

with

the villages of Frederick, in Macomb county, and Rochester, in the county of Oakland, for a term not to exceed five years, on such terms as they may deem promotive of the interests of this State.

(2575.) Sec. 2. There is hereby appropriated from the appropriation to lands granted to this State by Congress for internal improve-pair. ment purposes, a sufficient number of, not exceeding five thousand acres, to put said Canal in good repair between the villages of Frederick and Rochester, under the direction of the Auditor General and Secretary of State ; that under this appropriation, there shall be issued Land Scrip without interest, which shall be receivable at the State Land Office for any Internal Improvement Lands of this State, in the Lower Peninsula, for sale at said office.

(2576.) SEC. 3. The Lessees, or their assigns, shall annually, Lessees to bleac. between the first Monday in January and the first Monday in Auditor General. February in each year during the time of said Lease, make out a true account of all receipts from, and expenditures upon said Canal, with the vouchers for the same, under the oath of two or more of said persons or their assigns, and file the same with the Auditor General of the State.

(2577.) Sec. 4. The State may at any time terminate the state may termisaid Lease, and resume the possession of said Canal, by giving months' notice. six months' notice to said persons or their assigns, and by paying to said persons or their assigns, such amount of money as they or their assigns may have expended in repairs upon the same, over and above their receipts from the same, as shall appear from the returns to the Auditor General, pursuant to the preceding section.

SEC. 5. This act shall take effect and be in force from and after its passage.

An Act to provide for the Collection of Tolls, and for the Care, Charge and Operating of the Saint

Mary's Falls Ship Canal.

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to be appointed;

(2578.) Section 1. The People of the State of Michigan enact, Superintendent That the Governor is hereby authorized, by and with the Falls Ship Canal advice and consent of the Senate, to appoint a Superintendent His term. of the St. Mary's Falls Ship Canal, whose term of office shall commence on the first day of April next, and continue for two years, or until his successor in office is appointed and ready to enter upon his duties, who shall have the general care and

to be paid to

supervision of said Canal and property belonging thereto, and shall receive such tolls from vessels passing into or through said

Canal, as shall be hereinafter provided and established by this To give Bond. act; and the said Superintendent, for the faithful discharge of

his official duties, shall give a bond with two or more sureties, in the sum of five thousand dollars, and approved by the Gov

ernor, Auditor General and State Treasurer (who are hereby Board of Control. appointed and constituted a Board of Control of said Canal). Superintendent The said Superintendent shall keep an accurate account of all

Tolls received, and on the last day of each month in which any Tolls shall be collected, he shall transmit a copy or abstract of the same to the said Board of Control; and such abstract shall also state the amount of money paid out for the

benefit of the Canal, and to whom, and for what purpose; and Moneys collected on the last day of each month as aforesaid, or at such other State Treasurer. time as the State Treasurer shall direct, he shall pay to said

State Treasurer, in such funds, and in such place and manner as said Treasurer may at any time direct, all Tolls or moneys collected, over and above a sum 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 said Board of Control), and the Tolls or

moneys paid as aforesaid to the State Treasurer, shall be Record of Vessele known as the St. Mary's Falls Ship Canal Fund. It shall be the

to be kept.

duty of said Superintendent to keep a record of all vessels passing through said Canal, exhibiting the name of the vessel

and captain, tonnage, place of enrollment, whether steamboat, And of amount of propeller or sail vessel, and the amount of Tolls collected of

each vessel, and on the last day of each month as aforesaid, a

copy or abstract of the same shall be transmitted to said Board Salary of Super- of Control; and the said Superintendent shall receive such intendent.

salary as shall be fixed and established by said board, not

exceeding one thousand five hundred dollars per annum. Superintendent (2579.) Sec. 2. Said Superintendent shall have the charge,

care and operating of the said Canal, and shall be authorized to employ such assistants as shall be necessary for operating and keeping the same in repair, and shall keep a correct account of all moneys paid for such repairs or to such assistants, and shall be empowered to remove all obstructions to such

Canal, under such rules and regulations as shall be prescribed ment of Superin: by said Board of Control; and it shall be the duty of said

Superintendent, on the last day of each month as aforesaid, to transmit to said board a statement of the condition and busi

Tolls.

Canal,

tendent.

ness of the said Canal, of all repairs made for the current month, and of such future repairs and expenditures as he may deem necessary for the usefulness of said Canal, and shall make all such repairs or alterations as shall be directed by said Board of Control ; and it shall be the duty of said Superintendent to 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; it shall also be the duty of said Super- Annual Report. intendent to make an annual report to the Governor of this State, on or before the last Monday of December in each year. (a)

(2580.) Sec. 3. Before any vessel shall be allowed to pass Tolls to be paid. into or through said Canal, there shall be paid to the said Superintendent four 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 cf such change in two or more daily papers published in Detroit and Cleveland. No toll or other Vessels in United charge shall be collected upon tugboats, provided they are and Tugboats 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 : Provided, no tolls or other charge shall be collected upon vessels of the United States engaged in the public service, or in the transportation of property or troops of the United States, or upon tugboats, provided they are not employed in the carrying of freight or passengers. (b)

(2581.) SEC. 4. It shall be the duty of said Board of Control Board of Control to make, from time to time, such rules and regulations as they Superintendent. may deem necessary for the benefit and usefulness of said Canal, and all such rules and regulations shall be binding on said Superintendent; and if at any time the tolls of said Canal, paid into the said Canal Fund as aforesaid, shall not be sufficient for any necessary or extraordinary repairs of said state Treasurer Canal, the said State Treasurer is authorized and empowered Moneys for reto pay or advance such sum or sums of money, from any sary.

exempt.

pairs when neces

(@) As Amended by “An Act to Amend an Act entitled, “An Act to Provide for the Collection of Tolls, and for the Care, Charge and Operating of the St. Mary's Falls Ship Canal.” Approved Feb. 14, 1857. Laws of 1857, p. 271.

() As Amended by “An Act to Amend an Act number Ninety-One of the Session Laws of eighteen hundred and fifty-five.” Approved January 29, 1857. Laws of 1857, p. 28.

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