have been opened, for the purpose of clearing out and scouring the same, and then and there to clear out and scour such ditch or ditches in such manner as to preserve the original length, depth and width thereof. or injuring Sec. 9. Any person who shall dam up, obstruct, or in any way Obstructing injure any ditch or ditches so opened, shall be liable to pay to the ditch. person owning or possessing the swamp, bog meadow, or other low land, for the draining of which such ditch or ditches shall have been opened, double the damages that shall be assessed by the jury for such injury; and in case of a second offence by the same person, treble such damages. quisition to township Sec. 10. The justice before whom such proceedings shall be Map and inhad under this act, shall cause the map delivered by the applicant, be filed with and the inquisition of the jury, which he shall certify to have been clerk. taken before him, to be filed in the clerk's office of the township wherein the premises shall be situated, to be kept in the said office as a record of the proceedings between the parties. upon improv. ed lands be tween the first of May and Sept. Sec. 11. No person or persons who may be authorized, under Not to enter the provisions of this act, to enter upon lands for the purpose of cutting such ditch or ditches as, aforesaid, shall so enter upon any improved lands between the first day of May and the first day of September: Provided, It shall be competent at all times for such person or persons to enter on such lands for the purpose of removing obstructions in such ditch or ditches. Approved April 18, 1839. [No. 81.] AN ACT to provide for the payment of the expenses of the survey of a railroad from Centreville to Niles. neral to draw therefor. Section 1. Be it enacted by the Senate and House of Represen- Auditor getatives of the State of Michigan, That the auditor general be warrant authorized, and he is hereby directed to audit and draw his warrant on the state treasurer in favor of Levi S. Humphrey, acting commissioner on the southern railroad, for the amount of the expense of the survey of a railroad from Centreville, through Lockport, Geneva and Cassopolis to Niles, made pursuant to a resolution of the legislature, approved the 3d April, 1838; which warrant shall be paid out of any money in the treasury belonging to the internal improvement fund, appropriated or which may be appropriated on the southern railroad. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1839. [No. 82.] AN ACT to authorize the loan of a certain sum of money to the White Pigeon beet sugar company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the superintendent of public instruction be and he is hereby authorized to loan to the White Pigeon beet sugar company, of the county of St. Joseph, the sum of five thousand dollars, out of the funds arising from sale of university or school lands, so soon as that amount shall come into his hands that can, in his estimation, be consistently so loaned: Provided, Said company shall secure the payment thereof, and also, the payment of the interest thereon annually, by mortgage on unincumbered improved real estate to double the amount of the sum so to be loaned; which valuation of said land shall be made by said superintendent at the expense of said company: Provided, The said superintendent shall not make the loan provided for in this act, until all other loans previously made shall be provided for, nor so as in any way to lessen the sum or sums to be distributed among the several school districts. Approved April 18, 1839. Preamble. [No. 83.] AN ACT to provide for the apportionment of a fine assessed in Berrien county, amongst the several school districts in said county. Whereas it is provided in the constitution, "That the clear proceeds of all fines assessed in the several counties for any breach of the penal laws, shall be exclusively applied to the support of (school district) libraries:" and whereas it is provided in the re vised statutes, that no library money shall be apportioned to any school district that shall not have imposed a tax sufficient for the purchase of a suitable library case, and raised a sum not exceeding ten dollars annually for the purchase cf books; and whereas there is no official information before this legislature that any of the school districts in the county of Berrien have complied with said provisions, (no returns from said county being embraced in the last annual report of the superintendent of public instruction ;) and whereas a fine of one thousand dollars was imposed in said county of Berrien at the late fall term of the circuit court in said county; therefore, dent of pub tion to give county treas distribution. Section 1. Be it enacted by the Senate and House of Represen- Superintentatives of the State of Michigan, That the superintendent of public lic instruc instruction be and he is hereby authorized and required to issue orders to the necessary orders to the county treasurer of Berrien county, urer for and other officers on whom any duty is imposed by law relative to the distribution of library money, to proceed in the same manner as if all the school districts in said county had complied with all the provisions of law entitling them to an apportionment of said library money. Sec. 2. This act shall take effect from and after its passage. [No. 84.] AN ACT to authorize certain persons to administer oaths. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the county clerks of this state and their deputies respectively, and all justices of the peace, are hereby authorized to administer oaths and take affidavits and depositions. Sec. 2. This act shall take effect from and after its passage. To borrow money. When bor [No. 85.] AN ACT to authorize the county commissioners of Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the county commissioners of the county of Washtenaw, be and are hereby authorized to borrow, on the credit of the county, at an interest not exceeding seven per cent, and for a term not more than ten years, a sum of money not exceeding five thousand dollars, for the purpose of finishing a jail erected in said county. Sec. 2. Whenever said board of county commissioners shall rowed to be have negotiated for, and shall have obtained any sum of money paid into courty treasury. Payment of interest. for the purpose above specified, the same shall be paid into the treasury of the county, to be drawn therefrom by the said commissioners, for the purpose of completing the jail in said county, in the same manner and under the same restrictions as is provided for in the case of other moneys in the treasury, by the laws now in force. Sec. 3. The said board of commissioners are hereby authorized principal and and it is made their duty, to provide for the payment of such money, whether the principal or interest, that may accrue under the aforesaid loan, in the same manner as is provided for in the case of other contingent expenses of said county. Approved April 19, 1839. [No. 86.] AN ACT to amend "An act incorporating the village of Romeo, county of Macomb," approved March 9, 1838. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That so much of section one of the act entitled "An act to incorporate the village of Romeo, county of Macomb," approved March 9th, 1838, as includes within the corporate limits of said village, the south half of section two, and the east half of section three, in the township of Washington, and the south east quarter of section thirty-four in the township of Bruce, in the county of Macomb, be and the same is hereby repealed. Approved April 19, 1839. [No. 87.] AN ACT relative to township assessments and the returns thereof. appraised at value. Section 1. Be it enacted by the Senate and House of Representa- Lands to be ives of the State of Michigan, That hereafter every piece or actual cash parcel of land to be assessed for taxation, shall, by the several township assessors, whose duty it may be to assess the same, be appraised at its actual cash value at the time, reference being by them had to the buildings and improvements thereon, as also to its relative location, proximity to commercial towns, villages, mills, roads, or other public improvements. farming chap. 1, title vised sta tutes. (p. 76,) chap 2, same and sec. 2, Sec. 2. So much of section four of chapter one of title five, Part of sec. 4, part first of the revised statutes, as exempts from taxation 5, part 1, re. improvements made, or buildings erected, on lands for purposes; and so much of section two of chapter two of title five, aforesaid, as requires that no land shall be assessed at less repealed. than two dollars and a half per acre, be and the same is hereby repealed. title, (p. 79,) title 5, part 82,) amended. Sec. 3. Section thirteen of chapter two, and title five of part sec. 13. ch. 2, first of the revised statutes, be and is hereby so amended as to 1, R. 3. (p. make it the duty of the various township clerks to deliver the assessment rolls for their respective townships, together with the statement in said section required therewith to be made to the county commissioners on or before the last Monday of June in. each year. Approved April 19, 1839. [No. 88.] AN ACT to provide for regulating the terms of circuit courts in certain counties, and for other purposes. Monroe, St. Clair. Ottawa. Section 1. Be it enacted by the Senate and House of Represen- In Wayne, tatives of the State of Michigan, That the terms of the circuit Washtenaw, court in the counties of Wayne, Monroe, Washtenaw, St. Clair, Macomb and Macomb and Ottawa, shall be held as follows: in the county of Wayne, on the fourth Tuesday of April and on the Tuesday next after the second Monday in November in each year; in the county of Monroe, on the first Tuesday of June and December in |