missioners to require of contractors a bond for the ployed by Sec. 19. It shall be the duty of the several commissioners to When com require of each and every individual who shall hereafter enter into any contract for the construction of any part of the public faithful works under his charge, or for the furnishing of materials for the laborers emsame, and who shall, during the progress of said work, employ them. at any one time ten or more persons as laborers on said work, to deliver to said commissioners a bond, in a penal sum to be named by said commissioners, with good and sufficient securities, conditioned for the faithful payment of the several persons employed by such contractor on said work, at least once in each and every month, the full amounts due such persons, if the same shall be demanded, in funds current at the place of payment; and if the conditions of said bond are not complied with, then it shall be ed with, may lawful for said commissioners to retain the amount due said con- neys due to tractor by the terms of his contract, until said demands are fully &c. paid; or said commissioner may pay or cause the same to be paid out of said amount retained, if it should be sufficient for the samé, and if not, to pay the amount retained pro rata to the several persons employed and unpaid as aforesaid: and also to prosecute said bond, and out of the moneys collected, to pay said debts, with the interest thereon and costs of the suit. In case bond is not compli retain mo contractor, neers to be run locomo when com'rs injury done Sec. 20. It shall be the duty of any commissioner having skillful engicharge of any railroad now completed and in operation, or of any employed to railroad which may be completed hereafter, to employ skillful and tive engines; discreet engineers to run locomotive engines on said railroads, to pay for and if in the running of said engines, said engineer shall injure or cattle, &c. kill any horse, catttle, sheep or swine, it shall be the duty of the commissioners on said road, as soon as practical after he shall have been informed thereof, to ascertain the facts in relation to the same; and if on said examination it shall appear that such injury and damage was caused by the gross carelessness or wilful misconduct of such engineer, the amount of damages so sustained shall be paid to such individual by the commissioners, and the same shall be deducted from the pay of such engineer, provided so much is due to such engineer by the state, and if not, it shall be the duty of the commissioner to prosecute and collect the amount of such damage from such engineer, in the name and behalf of the state, and for damage done before the passage of this all damage act, the said commissioners are hereby authorized and required to ascertain the amount and pay for the same at their fair cash value out of any money belonging to the internal improvement fund. To pay for heretofore done. Superintend- Commission ers may duals to put cars upon road, and may sell cars belong Sec. 21. It shall be the duty of the commissioner having charge of any railroad in operation, to employ a competent and fit person as superintendent of repairs, whose duty it shall be to take charge of the road, under said commissioner, and to employ all necessary assistance in keeping said road in fit and proper repair at all times, to keep a check roll of the hands employed, and the prices paid each, and submit the same to said commissioner at least once in thirty days for his inspection and approval, and on receiving the certificate of said commissioner, to present the same to the collector of said road, as the commissioner shall direct, for payment, and to be charged to the account of the expenses of running said road, and to be paid by said collector out of the receipts of said road. Sec. 22. It shall be the duty of the commissioners of internal allow indivi- improvements, whenever in their opinion it shall be for the interest of the state, to allow any person or persons to furnish their own cars for the transportation of produce, merchandize or any ing to state. Other article, and to sell and dispose of the freight cars now owned by the state, and to determine the rate of toll for furnishing the motive power to draw said cars and the different articles transported thereon, which rate of toils shall be published and posted in the different collector's offices, depots, watering stations, and such other places as they may think proper, subject, however, to such alterations as the legislature may from time to time direct. In case of doubt two or more chief engi. Sec. 23. Said board of commissioners or any commissioner, are hereby authorized, in all cases of doubt or difficulty on the neers may be part of a commissioner or engineer in relation to the proper locat required to examine lo- ing of a line or the construction of a particular piece of work on cation or construction said line of improvements, to require the attendance of any two or of work. Three com'rs to appraise be appointed more of the principal engineers in the employ of the state, to examine the same and the questions connected therewith, and if any, if necessary, to obtain their opinions in writing, for the purpose of determining the proper location or method of construction, and to lay the same before the board for their action, if any should be necessary. Sec. 24. The governor, by and with the advice and consent of damages, to the senate, shall annually appoint three reputable freeholders as by governor commissioners to appraise damages on the line of the several their duties. works of internal improvements, whose duty it shall be, at the and senate; request of any of the commissioners or claimants of damages on Certificate of thority for same. before enter of office. any part of the public works which may have been ordered by the board to be prepared for letting to contract or heretofore let, to proceed to examine the lands, buildings or materials wanted or taken by the state for the use of any of the works, for any damages occasioned by the construction of such works, to view the said premises and materials, and [on] such view to ascertain and determine the amount due such claimant and certify the same to the commissioner having charge of the work, which certificate shall be under the hands and seals of at least two of said commissioners, setting forth the names of the claimants, a short description of the premises wanted or taken, the amount to be paid for said lands or materials, or for damages done the same, and specifying each, with the nature of the claim presented, and all such other information as they may have in relation thereto; and that said certificate, so made and delivered to the commissioner, shall be sufficient authority for him to pay such appraisal, damages auand when paid, shall be filed in the office of the board of commis- com'r to pay sioners of internal improvement, and a copy thereof shall be filed in the office of the auditor general. The said commissioners, To take oath before entering on the duties of their office, shall take and sub- ing on duties scribe the oath or affirmation prescribed by the constitution of this state, and it shall be their duty under this oath, faithfully and honestly and impartially to appraise the damages of the several persons whose claims shall be presented to them for appraisal, according to the best of their ability, which oath or affirmation may be taken before any person authorized to administer oaths, and shall be filed in the office of the board. In ascertaining the To take into damages to real estate, the commissioners may take into consi- benefit of imderation the benefits, if any, which said claimant may derive from their comsuch improvement. Said commissioners shall be entitled to receive the sum of three dollars for each and every day necessarily employed, or three dollars for every thirty miles' travel in lieu of his per diem allowance, in the discharge of the duties herein prescribed, to be paid out of the fund for internal improvements, by the warrant of the auditor general on the state treasurer, and such payments shall be charged to the several works of internal improvement, on which the service may have been rendered: Provided, The commissioners shall not be called upon to appraise damages on the St. Marie canal: Provided, always, That any Appeal from person or persons considering themselves aggrieved by the deci- appraisers. consideration provement; pensation. decision of Costs. Commissioners to take release of interest, &c. claimant's sion of said board, so made as aforesaid, shall give notice within ten days to the commissioner on said road, of his intention to appeal to the next term of the circuit court of the county where the premises are situated, who may then and there appear before said court, and have his, her, or their damages assessed by a jury, and upon their verdict being rendered, the clerk of said court shall certify the same under the seal of said court, which shall be a sufficient voucher to the commissioner on said road for the payment of the verdict according to the provisions of this section. But if said claimant does not recover greater damages than allowed by the commissioners, he shall pay all costs. If he recovers a larger sum, then the state shall pay all costs. Sec. 25. It shall be the duty of the commissioners, on the receipt of the certificate of damages awarded as aforesaid, to obtain from the claimant a release of his or her interests in said lands described in said certificate, under his or her hand and seal, and said claimant shall procure satisfactory evidence to said commissioners, or the certificate of the register of the county, that he or she is the legal owner of said lands, and that the same is unincumbered, and the said commissioner shall then pay such claim and take the necessary vouchers for the same, to be allowed by Release to be the auditor general. Such release shall be recorded in the proper recorded. county, and filed in the office of the board. pay superin repairs, and running road. Collector to Sec. 26. It shall be the duty of the collector of any railroad tendents of belonging to the state, to pay the accounts of the superintendents expenses of of repairs when certified by the commissioner on said road, and also the ordinary expenses of running said road, out of the moneys collected by him for freight and transportation, including the pay of engineers, smiths, artizans and other persons employed in and about the depot buildings, and for the purchase of oil and fuel, unless the commissioner shall direct the purchase of fuel to be made by the keepers of water stations; that each keeper of a tions to keep water station shall keep a check roll of the persons employed by him, and the prices paid each, and shall present the same to the commissioner for his approval, and if correct, the same shall be certified by the commissioner, and paid by the collector aforesaid; Collector's that it shall be the duty of such collector to keep a separate acbe approved count of the moneys paid cut for repairs, expenses of engineers, sioner. oil, fuel, and keepers of depots, and the different expenses of each, and said accounts, with the vouchers therefor, shall be submitted Keeper of water sto check roll. accounts to by commis to the commissioner and certified and approved by him, before the same shall be passed to the credit of said collector. swearing Sec. 27. If each or any of the several persons required in and Wilfully by this act to take an oath or affirmation, shall knowingly or false. wilfully swear false or violate said oath, he or they shall be deemed guilty of perjury, and may be prosecuted in any court having jurisdiction thereof, and if convicted thereof, shall forever thereafter be disqualified from holding any office of trust or profit in this state. Sec. 28. That the act entitled "An act for the regulation of Repeal. internal improvements, and for the appointment of a board of commissioners," approved March 21, 1837, and the several acts amendatory to the same, be and they are hereby repealed. Sec. 29. This act shall take effect from and after its Approved April 20, 1839. passage. Act take effect. [No. 105.] AN ACT to amend the chapter of the Revised Statutes entitled "Of Primary Schools." in districts organized. Section 1. Be it enacted by the Senate and House of Repre- Assessment sentatives of the State of Michigan, That the assessment of each heretofore and every school district, heretofore organized in this state, may be made by the first day of June next, and shall be as valid as if the same had been made within thirty days after the election of officers in said district for the year eighteen hundred and thirtyeight. released from Sec. 2. This act shall not release the assessor of such school Assessor not district from any penalty incurred by neglecting his official penalty induty. curred. school-house. Sec. 3. The first selection for the site of a school-house may be Site of made by a majority of the voters present, at any regular meeting for that purpose called; but whenever once selected, it shall require the vote of two-thirds of the voters to remove the same. Sec. 4. In section nine, strike out "the most public place" and Sec. 9 ameninsert" three of the most public places." ded. clause of, Sec. 5. In section thirteen, fourth clause, strike out the second Sec. 13, 4th proviso, being all of said clause after the word "school" in line amended. five of said clause. |