In Oakland.

Term in

Wayne to

be holden in April, '39.

Process continued.

Repealing clause.

Act take effect.

each year; in the county of Washtenaw, on the first Tuesday of May and December in each year; in the county of St. Clair, on the third Tuesday of April and second Tuesday of October in each year; in the county of Macomb, on the second Tuesday of April and third Tuesday of October in cach year after the year eighteen hundred and thirty-nine; in the county of Ottawa, on the fourth Tuesdays of May and October in each year.

Sec. 2. That so much of any law as requires a circuit court to be held in the county of Oakland, in July and December, be, and the same is hereby repealed, and hereafter the circuit court in said county shall be held on the second Tuesdays of October and March in each year.

Sec. 3. That the next term of the circuit court of Wayne county to be holden as aforesaid on the fourth Tuesday of April instant, shall be for the trial and disposition of criminal cases and for the argument and disposition of such questions of law, as said court, by rules of court, may provide for, not inconsistent with the object of clearing the jail of said county, and disposing of the criminal business, provided that nothing herein contained shall be construed to prevent the rendition of judgments by confession or default.

Sec. 4. All process issued before the passage of this act, shall be returnable at the next terms respectively as herein established, and such process shall be as valid as if no alteration had been made in the terms of the said courts, and all other proceedings shall be as valid and be had in like manner as if the terms of said court had remained as hitherto established by law.

Sec. 5. All acts, or parts of acts, or rules or [of] any court coming within the proviso of, or contravening the provisions of this act, be and the same are hereby repealed.

Sec. 6. This act shall take effect from and after its passage.
Approved, April 19, 1839.

[No. 89.]

AN ACT to authorize the commissioners of internal improvements to alter the location of the southern railroad, between the villages of Centerville and Niles.

pass through

Three rivers.

Section 1. Be it enacted by the Senate and House of Represen- Location to tatives of the State of Michigan, That the board of coinmis- Lockport or sioners of internal improvements be, and they are hereby directed and required so to change the location of the southern railroad, between the villages of Centerville and Niles, as to pass through the villages of Lockport or Three Rivers, and thence on the most eligible route through the county of Cass, at or near Cassopolis to Niles.

rect maps

office of se

state.

Sec. 2. That as soon as the board shall determine on the To file corlocation as provided in the first section of this act. they shall thereof in the cause to be filed in the office of the secretary of state, correct cretary of maps of the survey, with their doings endorsed thereon, and from the time of filing such maps the said railroad shall be deemed to be located and established on such line as shall be designated on said map by the board, any law to the contrary notwithstanding. Approved April 19, 1839.

[No. 90.]

AN ACT to provide for the location of the seat of justice

in the county of Ottawa.

appoint

that purpose.

Section 1. Be it enacted by the Senate and House of Represen- Governor to tatives of the State of Michigan, That the governor shall appoint com'rs for three suitable disinterested persons as commissioners to locate and establish the county seat for the county of Ottawa, who shall meet at such time and place as he may designate in said county, and after being duly sworn faithfully and impartially to discharge the duty assigned them, and that they are not directly or indirectly interested in making said location, they shall proceed to examine the several places proposed in said county, and shall establish said county seat at such place as they or a majority of them shall consider for the best interests of said county, taking into consideration its present and future population.

County treasurer to pay

com'rs.

Certificate of location.

Sec. 2. Said commissioners shall each be allowed the sum of three dollars per day, for every day necessarily employed as aforesaid, an account for which shall be made out and sworn to by each commissioner, and which shall be paid to him or his order, by the treasurer of said county, out of the first moneys which shall come into his hands, and shall have precedence over other claims.

Sec. 3. Said commissioners shall transmit a certificate of the location of said county seat to the governor, within ten days thereafter, under their hands and seals; and if it appear that they have been paid for their services, the governor shall thereupon order the same to be recorded, in the office of secretary of state, and said location shall thereupon be considered as the lawfully established county seat for said county, and notice thereof shall be published in the state paper. Approved April 19, 1839.

Map of town to be recorded before any lots are sold.

Contents of map; when

vest certain

rights in county.

[No. 91.]

AN ACT to provide for the recording of town plats, and for vacating the same in certain cases.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That whenever any town shall be hereafter laid out within this state, the proprietors of such town shall cause a true map or plat thereof to be recorded in the registry of the county where the same lies, before any lot or lots therein be offered for sale; and if any person or persons shall sell or offer for sale any lot or lots within such town, before the same be recorded as aforesaid, such person or persons shall forfeit and pay a sum of ten dollars, for every lot so sold.

Sec. 2. That such maps or plats as are by this act required to recorded to be recorded, shall particularly set forth and describe all the public grounds within such town, by its boundaries, courses and extent, and whether it be intended for streets, alleys, cornmons, or other public uses, and all the lots intended for sale, by progressive numbers, and their precise length and width; and the maps made and acknowledged before a justice of the peace, a notary public of the proper county where the town lies, or before any judge of any court of record, and certified under the hand and seal of the judge,

justice or notary public taking such acknowledgment, and recorded, shall be deemed a sufficient conveyance, to vest the fee of such parcels of land as therein expressed, named or intended to be for public uses, in the county in which such town lies, in trust to and for the uses and purposes therein named, expressed or intended, and for no other use or purpose whatever.

maps that

ply with ori

of sale.

Sec. 3. That if any proprietor or proprietors, their agent or Recording attorney, shall cause any map of a town to be recorded as afore- do not comsaid, which does not set forth and describe in manner aforesaid, ginal articles all and every parcel of ground which has been or shall be promised or set apart by the original articles of sale for public uses and other lots, such person or persons shall forfeit and pay double the value of the ground so promised and not set forth on the map, three-fourth parts thereof to the use of the county where such town lies, for the express purpose of purchasing ground within and for the use of such town, in lieu of that which was so promised, and the other fourth part to the use of the person prosecuting.

may alter or

plat.

Sec. 4. That the circuit courts in and for the several counties, Circuit court are hereby authorized and empowered, on application made by vacate town the proprietor or proprietors of any town within their proper county, to alter or vacate the same, or any part thereof.

plication to

purpose.

Sec. 5. That if any proprietor or proprietors of a town shall be Notice of apdesirous of altering or vacating the same, or any part thereof, court for hat such proprietor or proprietors shall give notice in writing, of such intended application, in at least two places in the county wherein such town may be situated, one to be set up in the most public place in said town, and one on the court-house door of the said county, and insert a copy of the same in a newspaper, printed or in circulation in the said county, at least sixty days prior to the sitting of the court to which he, she, or they, intend to make such application.

cation to be

Sec. 6. That if such applicant or applicants shall produce to When applisaid court satisfactory evidence that the notice required by the granted. preceding section of this act, has been given, and that all persons, owning any lot or part thereof in said town, have agreed that the whole or a part thereof shall be altered or vacated, or that there is no reasonable objection to making such alteration, the court shall proceed to alter or vacate said town or any part thereof, and order their proceedings therein to be recorded by their clerk,

Record of court to be

county regis

ter.

with the record of said court: Provided, That the vacating of any town plat, or any part of a town plat, shall not vacate any part of a state or county road.

Sec. 7. That the clerk of said court shall give to the applicant recorded by a certified copy of such record, for which he shall be entitled to receive the sum of one dollar; and it shall be the duty of such applicant to have such certificate recorded by the register of the county, within six months thereafter.

Forfeitures how to be recovered.

Sec. 8. That the several forfeitures arising under this act, may be recovered in an action for debt, by any person who shall sue for the same, before any court having cognizance of the same; and in any action to be brought for any penalty incurred under this act, where judgment shall be given for the plaintiff, the court shall award to him his legal costs of suit, and if in any case the body of a proprietor cannot be found, the property of such proprietor shall be liable to be attached as for any other demand, and where any forfeitures are not, by this act, otherwise appropriated, three-fourth parts shall be applied to and for the use of the county in which they accrue, and the one-fourth part to the use of the person prosecuting for the same.

Approved April 19, 1839.

[No. 92.]

AN ACT supplementary to "An act authorizing the building of the state penitentiary."

Section 1. Be it enacted by the Senate and House of RepresenGovernor to tatives of the State of Michigan, That the governor of the

negotiate

loan.

state is hereby authorized and directed in the name and in behalf of the people of this state, to negotiate a loan of forty thousand dollars, redeemable at the pleasure of the state, at any time after the expiration of twenty years from and after the first day of January, eighteen hundred and forty, at an interest not to exceed six per cent per annum, payable half yearly, said loan to be expended for the purpose of erecting the state penitentiary, in the village of Jackson; and that the treasurer of the state be, and he is hereby directed to pay over the same to the commissioner of the state penitentiary, on the warrant of the auditor general, as the same shall be required in the erection of the penitentiary: Provided, That the stock authorized to be created by the provisions of this act shall not be sold for less than its par value, exclusive of all and every charge for services in negotiating the same.