ance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation without legal authority so to do.

lic moneys to

SEC. 4. In all cases where public moneys are authorized to be Interest on pubdeposited in any bank, or to be loaned to any individual, firm, or constitute a corporation, for interest, the interest accruing upon such public general fund, moneys shall belong to and constitute a general fund of the State, county, or other public or municipal corporation, as the case may

be.

receive consideration for

deposit of money

with particular bank, etc.

SEC. 5. In no case shall any such officer, directly or indirectly, of eers not to receive any pecuniary or valuable consideration as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corporation. SEC. 6. The provisions of this act shall apply to all deputies of Provisions of this act to apply such officer or officers, and to all clerks, agents, and servants of to deputies, etc. such officer or officers.

lating provisions

SEC. 7. Any person guilty of a violation of any of the provisions Penalty for vioof this act shall, on conviction thereof, be punished by a fine not of this act. exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act Proviso. contained shall prevent a prosecution under the general statute for embezzlement in cases where the facts warrant a prosecution under such general statute.

illegal payment

SEC. 8. Any officer who shall willfully or corruptly draw or issue Penalty for any warrant, order, or certificate for the payment of money in ex- of money. cess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as provided in the preceding section. Approved April 27, 1875.

[No. 132. ]

AN ACT to organize the county of Ogemaw, and to locate the county seat thereof.

SECTION 1. The People of the State of Michigan enact, That Ogemaw county the county of Ogemaw, consisting of the territory embraced in the organized. present county of Ogemaw as attached to Iosco for judicial purposes, be and the same hereby is organized into a separate county by the name of Ogemaw, and the inhabitants thereof shall be entitled to all the privileges, powers, and immunities to which by law the inhabitants of other organized counties in this State are entitled.

SEC. 2. The county seat of said county of Ogemaw shall be es- County seat. tablished at West Branch Station, on the Jackson, Lansing and Saginaw Railroad: Provided, That a block of land shall be do- Proviso. nated by owners of land at said place for permanent use of the county for county buildings: And provided further, That a Provise. building suitable for county purposes shall be erected at said point,

First election of

by said owners of land, to be used gratuitously for three years by said county of Ogemaw.

SEC. 3. At the township meetings of the several townships in county officers. said county, on the first Monday of April next, there shall be an election of all the county officers to which said county is entitled, whose terms of office shall expire on the thirty-first day of December, eighteen hundred and seventy-six, and when their successors shall have been elected and qualified. Said election shall be conducted in the same way, by the same officers, and the returns thereof be made in the same manner, as near as may be, as is now required by law in the elections of county officers of this State.

Canvass of votes.

Judicial circuit.

Board of canvassers at first election.

Sections amended.

Supervisors to

fix rates of toll for passing bridge.

SEC. 4. The county canvass of the votes cast for county officers shall be held on the second Tuesday succeeding the election, at the hotel of Weideman and Wright, at West Branch; and said canvass shall be conducted in the same manner, and by the same officers, as the requirements of law now provide in organized counties, as nearly as may be, by the appointment, by the board of canvassers, of one of their own number to act as secretary to said board of

canvassers.

SEC. 5. Said county shall be in the eighteenth judicial circuit, and shall be entitled to at least one court in each year.

SEC. 6. The following named persons, viz.: C. L. Nauman, Z. H. Wright, and M. P. Moor, are hereby authorized to and shall act as the board of county canvassers at said election to be held as herein authorized.

SEC. 7. This act shall take immediate effect.
Approved April 27, 1875.

[ No. 133. ]

AN ACT to amend sections six and eighteen of act number eightythree of the session laws of eighteen hundred and fifty-one, the same being sections two thousand six hundred and fifty and two thousand six hundred and sixty-one of the compiled laws of eighteen hundred and seventy-one, being "An act to authorize the incorporation of bridge companies."

SECTION 1. The People of the State of Michigan enact, That sections six and eighteen of act number eighty-three of the session laws of eighteen hundred and fifty-one, the same being sections two thousand six hundred and fifty, and two thousand six hundred and sixty-one of the compiled laws of eighteen hundred and seventyone, being "An act to authorize the incorporation of bridge companies," be and the same is hereby amended [so] as to read as follows:

(2650.) SEC. 6. The board of supervisors of the county in which any such bridge is to be constructed shall, at the time of granting such assent to the construction of such bridge, or previous to any toll being taken for passing the same, fix and establish the rates of toll to be paid for passing such bridge, and if such bridge shall be situated in more than one county, the board of supervisors of each

taking illegal

fixed ten years.

county shall, at the request of the directors of such company, and at the expense of the company, meet on some day to be agreed upon, at the site of such bridge, and shall act as one board, and may appoint their own clerk and chairman, in determining such rates of toll; and in either case such rates of toll shall be certified Certified copy of rates to be posted by such board, and a printed copy of such cert ficate shall be at on bridges, and all times kept up in some conspicuous place on such bridge; and if penalty for such company or any gate-keeper in their employ, shall at any time toll. take or receive any greater sum for toll than shall have been so fixed, such company shall be liable to a penalty of ten dollars for every such offense, with costs of suit, to be recovered by the person aggrieved; and after said tolls shall have been so fixed, they shall Tolls to remain remain without any change for the term of ten years, when they may be again fixed by the supervisors as aforesaid for a further term of not less than five years, with the same effect; but such Minimum of toll shall not at any time be reduced so that the sum shall amount to less than fifteen per cent a year upon the cost of the bridge after deducting expenses of maintaining and operating the same. If any such bridge should at any time be out of repair, so as to Not to be taken render the passage of teams and vehicles dangerous or inconven- of repair. ient, no tolls shall be taken or received for passing over the same, till the same shall be repaired and put in good order. For every Penalty for so violation of this provision, the company shall forfeit and pay to the doing. party aggrieved a penalty of ten dollars for such violation, together with all damages that may be sustained by reason of such bridge not being kept in repair.

toll.

if bridge is out

(2661.) SEC. 18. Any person who shall forcibly or fraudulently Penalty for not pass the toll-gate or toll-house of any bridge erected pursuant to paying toll. the provisions of this act, not having paid the legal toll, or any person who shall aid another, or shall permit anything under his or her control, to be used by any person to aid such person in forcibly or fraudulently passing such toll-gate or tollhouse, not having paid the legal toll, shall for each offense be liable to a fine not exceeding ten dollars to be sued for and recovered by such company in an action of debt or assumpsit: Provided, Nothing in this section shall be so construed as to au- Provise. thorize the taking of tolls on any such bridge contrary to the provisions of section six of this [the] act to which this is an amendment.

Approved April 27, 1875.

[ No. 134. ]

AN AUT to amend section thirty-two of chapter one hundred and eighty-eight of the compiled laws of eighteen hundred and seventy-one, relative to the taking of depositions.

SECTION 1. The People of the State of Michigan enact, That sec- Section amended

tion thirty-two of chapter one hundred and eighty-eight, being

section five thousand eight hundred and seventy-eight of the com

piled laws of eighteen hundred and seventy-one, be and the same is hereby amended so as to read as follows:

(5878.) SEC. 32. On application of the plaintiff in any action, after entry of defendant's default in such action for want of plea, or after obtaining interlocutory judgment in such action, a commission may be awarded in the like cases and in the same manner as if an issue of fact had been joined; and the depositions thereon may be used in evidence in any proceedings to assess the plaintiff's damages, with the like effect as herein provided in case of a trial; and in case such default or such interlocutory judgment shall be set aside and a trial be had, then such deposition may be read in evidence upon such trial.

Approved April 27, 1875.

Section amended

Auditor Goneral shall make statement of land specifying

amount of taxes due, etc.

[ No. 135.]

AN ACT to amend section seventy-eight of chapter twenty-one of the compiled laws of eighteen hundred and seventy-one, being compiler's section one thousand and forty-four, relative to the sale of lands for delinquent taxes and the conveyance and redemption thereof.

SECTION 1. The People of the State of Michigan enact, That section seventy-eight of chapter twenty-one of the compiled laws of eighteen hundred and seventy-one, being compiler's section ten hundred and forty-four, relative to the sale of lands for delinquent taxes, and the conveyance and redemption thereof, be amended so as to read as follows:

SEC. 78. On the first day of July of each year, the Auditor General shall make out a separate statement of all such lands as the taxes shall remain due upon in each of the respective counties, specifying the amount of taxes due on each parcel, the interest thereon computed, as is provided in section seventy of this act, to the first day of October thereafter, together with the cost of advertising, postage, expense of sale, and returns thereon, and conveyances, which shall be charged at one dollar upon each parcel of land contained in such list; and accompanying or preceding such statements the Auditor General shall cause to be published as hereinafter shall be provided, a list of all lands not sold by the several county treasurers at the time prescribed by law, on account of error in advertising or other cause, not affecting the legality of the assessment or requiring a rejection of the taxes thereon, and on which the taxes, interest and charges still remain unpaid, or not otherwise discharged, for the taxes of any year prior to that for which the statements above mentioned are made up; also, a notice of sale by the county treasurer of state tax lands, and deeds given by the Auditor General to purchasers at such sales, or their assigns, shall take effect according to the year's tax for which the deed may be given, the deed for the latest year's tax taking precedence, and the interest on such re-advertised lists shall be computed

at the same rate as in other cases, up to the time of the ensuing annual tax sales.

SEC. 2. This act shall take immediate effect.

Approved April 27, 1875.

[ No. 136. ]

AN ACT to amend sections four thousand four hundred and one and four thousand four hundred and six, being sections one aud six of chapter one hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one, relative to the inventory and collection of the effects of deceased persons.

SECTION 1. The People of the State of Michigan enact, That Section amended sections four thousand four hundred and one and four thousand four hundred and six, being sections one and six of chapter one hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one, relative to the inventory and collection of the effects of deceased persons, be amended so as to read as follows: (4401.) SECTION 1. Every executor or administrator shall, within Making and thirty days after his appointment, make and return into the pro- tory. bate court a true inventory of the real estate, and of all the goods, chattels, rights and credits of the deceased which shall have come to his possession or knowledge, excepting only that an executor who shall be a residuary legatee, and shall have given bond to pay all the debts and legacies, as provided by law, shall not be required to return an inventory.

return of inven

first chargeable

sufficient real

(4406.) SEC. 6. The personal estate of the deceased, including Personal estate all growing crops of grain, grass, and fruit not disposed of by with payment of special mention in the will of the deceased, and by said will plainly debts, and if not directed to pass with the real estate, which shall come into the estate to be sold. bands of the executor or administrator, shall be first chargeable with the payment of the debts and expenses; and if the goods, chattels, rights, and credits in the hands of the executor or administrator shall not be sufficient to pay the debts of the deceased and the expenses of administration, the whole of his real estate, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or administrator, after obtaining license therefor in the manner provided by law. Approved April 27, 1875.

[ No. 137. ]

AN ACT to authorize the supervisor and commissioner of highways to purchase the interest of any plank road or toll road company for that portion of such road situated in their respective townships.

SECTION 1. The People of the State of Michigan enact, That Authority to the supervisor and commissioner of highways of the several town- purchase plank ships in this State may negotiate with, and purchase the interest

or toll roads.