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Sec. 2. Any citizen of the state of Michigan may become an Auctioneers. auctioneer, and may legally transact the business and perform the duties of an auctioneer within the county in which he resides, on executing and depositing with the treasurer of his proper county, a bond, with two sufficient sureties, to be approved by said treasurer, in the penal sum of two thousand five hundred dollars, conditioned for the payment of all auction duties, in manner prescribed in the following sections.

account of

Sec. 3. Every auctioneer who shall have entered into the bond To make out required by the above section, shall make out in writing a half sales. yearly account, dated on the first days of April and October in each year, unless said auctioneer shall reside in either of the cities of this state; then, in that case, a monthly statement or account, dated on the first Monday of each month, and shall therein state minutely and particularly,

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First. The sums for which any goods or effects shall have been sold at every auction held by him, from the time of his entering into such bond, or the date of his last account or statement.

Second. The days on which sales were so made, and the amount of each day's sale.

Third. The amount of duties chargeable under the provisions of this act.

be forwarded

general.

Sec. 4. Every such account, written ten days after the day on Account to which it is dated, shall be exhibited, if made out by an auctioneer to auditor residing in a city, to the mayor or recorder of such city, and if by an auctioneer residing in a county, to the treasurer of said county, whose duty it shall be to forward the same forthwith to the office of the auditor general of this state.

to.

Sec. 5. Every auctioneer so exhibiting such account, shall take To be sworn and subscribe an oath or affirmation to the correctness of such account, before the officer to whom such statement is made or account exhibited.

Sec. 6. The following articles shall be subject to pay the fol- Articles sublowing duties if sold at auction, and no others:

First. All ardent spirits, wines, or intoxicating liquors, whether foreign or domestic, shall be liable to and pay a duty of two and a half per cent.

Second. All goods, wares and merchandize of every descrip. tion, imported from without the jurisdiction of the United States, to a duty of one and a half per cent at each and every time they are so exposed for sale.

ject to duty.

When exempt there

from.

Duties, how calculated,

paid.

Sec. 7. Goods and chattels otherwise liable to auction duties shall be exempt therefrom if sold under the following circum

stances:

First. If they shall belong to the United States or to this state. Second. If they shall be sold under any judgment or decree of any court of law or equity, or under a seizure by any public officer, for or on account of any forfeitures or penalty, or for a distress of rent.

Third. If they shall belong to an estate of a deceased person, and be sold by his or her executors or administrators, or by any person duly authorized by any judge of probate.

Fourth. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignee appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insolvent.

Sec. 8. All duties shall be calculated on the sums for which and to whom the goods so exposed for sale shall be respectively struck off, and shall be paid in all cases by the person making the sale, to the respective county treasurers, who shall account for the same to the auditor general.

Goods to be struck off to highest bidder.

Articles not liable to pay

may be sold at auction by any citi

Sec. 9. All goods or other articles liable to pay duties under the provisions of this act, shall in all cases be struck off to the highest bidder, and when the auctioneer or owner, or any person employed by them or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be construed to render valid any sale that would otherwise be deemed fraudulent and void.

Sec. 10. Nothing contained in this act shall be so construed as auction duty to prevent any persons, citizens of this state, from selling at auction any article or thing not liable to pay duty by the provisions of this act, without giving the bond required by the several sections of this act.

zen.

Act take effect.

Sec. 11. This act shall take effect from and after its passage.
Approved April 16, 1839.

[No. 79.]

AN ACT to provide for the laying out and establishing certain State Roads.

ham county

Section 1. Be it enacted by the Senate and House of Repre- From Ingsentatives of the State of Michigan, That Henry Fisk, Benjamin to Leslie. Davis and Amos E. Steele, be and they are hereby appointed commissioners to lay out and establish a state road, commencing at a certain point upon the west line of Ingham county, where the state road laid out and established from Bellevue to the west line of Ingham county terminates, thence in an easterly direction to the mills in Leslie, on the most eligible route, until said route shall intersect the Grand river turnpike, at or near the village of Pinckney, in the county of Livingston..

That Hiram Converse, Joshua North, and Frederick Luther, Mason to Little Rapids. be and they are hereby appointed commissioners to lay out and establish a state road, commencing at the village of Mason, in the county of Ingham, thence on the most eligible route to the Little Rapids, on the Grand river, terminating on sections twenty or twenty-one, township four north, of range number two west.

Bellevue.

Sec. 2. That there shall be laid out and established a state road, Marshall to beginning at some point in or near the village of Marshall, in Calhoun county, and running thence north northwesterly, by the most eligible route, to the quarter stake of sections twenty-one and twenty-two, in township one south, of range six west, from thence, by the most eligible route, to the village of Bellevue, in the county of Eaton, and Horatio Hickok, Martin Brackett and Asahel Hawkins, be and they are hereby appointed commissioners

for that purpose.

thence to

Sec. 3. That there shall be laid out and established a state road, Jonesville to Concord, commencing at Jonesville, in the county of Hillsdale, running Grand river from thence northerly on section lines, as far as the same may be turnpike. practicable and expedient, to the village of Concord, in the county of Jackson; thence north to the mouth of Spring brook, which empties into Grand river, and from thence north on section lines where practicable, crossing Grand river to the route of the Grand river turnpike, running from Detroit to the mouth of Grand river; and Hiram Thompson, Warner G. Hodge and Henry Turner be and they are hereby appointed commissioners to lay out and establish said road.

Battle Creek to Tekousha.

Sec. 4. There shall be laid out and established a state road, from the village of Battle Creek, in the county of Calhoun, to Tekonsha, in said county, to be located on the most direct and eligible route; and Moses. Hall, of Battle Creek, Cornelius Wendell and Samuel Hernway, jr., of Tekonsha, be and they are hereby appointed commissioners to lay out and establish said road. Tekonsha to Sec. 5. There shall be laid out a state road from Tekonsha, in the county of Calhoun, to Adrian, in the county of Lenawee, which shall run on the most direct and eligible route; and Harris C. Goodrich, Samuel Hernway, jr. and Addison J. Comstock, be and they are hereby appointed cominissioners for that purpose.

Adrian.

Union city to

Jonesville.

Chicago road in Somerset to Indiana

little St. Joseph.

Sec. 6. That there shall be laid out and established a state road, commencing at Union City, in the county of Branch, thence in an easterly direction on or near the county line to where said line shall cross the St. Joseph river, in the county of Hills lale, thence on the most eligible route, on the east side of the St. Joseph river, to Jonesville, in the county of Hillsdale; and that Samuel Olds, Hervey Smith and John G. Gardner, be and they are hereby appointed commissioners to lay out and establish said road.

Sec. 7. That there shall be laid out and established a state road near road, beginning at the Chicago road, in the town of Somerset, in the county of Hillsdale, at or near the house of Elias Branch, running through the village of Hillsdale, and intersecting the Indiana road at or near the place where it crosses the Little St. Joseph, in township eight south, of range three west; and that Zacharia Vanduzer, Elias Branch and Salmon Sharp, be and they are hereby appointed commissioners for that purpose.

South line of
Clinton coun-

Sec. 8. There shall be laid out and established a state road, ty to Mason. commencing at or near a certain point where the Jackson and Grand river road forms a junction with the south line of the county of Clinton, thence to the village of Mason, in the county of Ingham; and that Horace Havens, Hiram W. Smith and Benjamin Davis, be and they are hereby appointed commissioners to lay out and establish said road.

Kalamazoo to Grand

Rapids.

Sec. 9. There shall be laid out and established a state road, commencing at the village of Kalamazoo, in Kalamazoo county, thence on the most eligible route to the Grand Rapids, in the county of Kent; and that Pierce Barber, of Kalamazoo, Friend Ives, of Plainfield, and David E. Deming, of Cooper, be and they are hereby appointed commissioners to lay out and establish said road.

las, Grove

Pontiac.

Sec. 10. There shall be laid out and established a state road, Flint via Atcommencing at or near the county seat of Genesee county, thence land, &c., to on the most direct and eligible route for a road, through the townships of Atlas, Groveland and Brandon, Independence, and thence on the most direct and and eligible route to the village of Pontiac; that Norman Davison, Charles C. Waldo and Lemuel M. Partridge, be and they are hereby appointed commissioners to lay out and establish said road.

road from

Lyons to be

Sec. 11. That the commissioners of highways for the township Location of of Dexter, be and they are hereby authorized and required to Dexter to make such alterations as they may deem necessary in the location changed. of the state road from the village of Dexter to Lyons, which is located in township one south, of range four east, commencing at a five mile stake on the Grand river road, near the dwelling house of Henry Warner, in said town, thence to a point on section thirty, where said road branches off from the Grand river road, thence to a point of intersection with the territorial road to Dexter, on section eighteen.

ers of high

Bainbridge,

alter location

al road in

their town

ship.

Sec. 12. That the commissioners of highways for the township Commissionof Bainbridge, in the county of Berrien, be and they are hereby ways for authorized and required, if in their judgment the same shall be authorized to deemed necessary and proper, to alter that part of the territorial of a territoriroad located in said township of Bainbridge, commencing at a point on sections seventeen and twenty, where said territorial road crosses the section line between said sections seventeen and twenty, or as near as practicable, thence through sections twenty-one, twenty-two and twenty-three, and a part of twentyfour, near the head of a small lake on said section; the alteration contemplated by the bill, to commence at the point mentioned on sections seventeen and twenty, thence on the section line to the head of the lake above designated, to form a junction with the old line of road at or about the head of said lake.

river to

Chippewa river.

Sec. 13. That Luke Wellington, Charles Cronckwright and Titabawassa William H. Nelson, be and they are hereby appointed commis- mouth of sioners to lay out and establish a state road, commencing upon the east bank of the Titabawassa river, from the south part of town thirteen north, of range three east, thence on the east side of said river to the mouth of Chippawa river, and from thence on the most direct and eligible route to the mouth of Salt river.

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