Oath and

bond filed

Sec. 4. Before either of said special commissioners s with county enter upon the duties of his office, he shall take and s

treasurer. scribe an oath to faithfully perform the duties herein

signed him, and file the same in the office of the cou clerk of his county, and deliver to the treasurer of county in which he resides a bond in the penal sum of hundred dollars, with a surety or sureties, to be appro Conditions. by such treasurer, conditioned for the faithful performa

Treasurer of

Bay county, his duty.

Saginaw Co.,

of all the duties required of him by virtue of this act, a in default thereof, it is hereby made the duty of said tre urer to prosecute the same in the same manner as bon are required to be prosecuted against county officers. Sec. 5. The treasurer of Bay county shall open an count with the commissioner appointed for the townsh of Hampton, and credit to said commissioner all t moneys that may thereafter be paid into his office as no resident highway taxes upon any of the lands lying with said township, and charge said commissioner with a moneys that may be drawn by his order for the improv

ment of said road, according to the provisions of this ad Treasurer of And the treasurer of Saginaw county shall likewise ope his duty. an account with the commissioners respectively appointe herein for the townships of Kochville and Saginaw, an credit each with the moneys collected in the township fo which he was appointed, and also with any unexpende highway tax upon non-resident lands collected from sai townships, now in his care, and charge each with all th moneys that may be drawn by his order: Provided, The said moneys shall be expended within the limits of th township from which they were collected.

Proviso.

Expenses, how paid.

Sec. 6. It shall be the duty of each of said commission ers, in the payment of any labor performed or material furnished in the improvement of the said road, to issue hi certificate to any person or persons to whom he may b indebted, by virtue of his office, for work and labor done upon said road, or for materials furnished, and may attach

to such certificate an order upon the county treasurer of his county for the amount thereof, payable out of the fund created by this act for the improvement of said road, who the same out of said fund.

shall

pay

how paid.

Sec. 7. No money shall be drawn from the treasury by Expenses, virtue of this act, without an order from the special commissioner, stating that the person in whose favor the order is drawn has actually done the labor or furnished materials to the full amount of said order.

ers to render

to supervi

Sec. 8. It shall be the duty of said commissioners to Commissionrender to the board of supervisors of their counties respec- an account tively, at their annual meeting, a true account of the expenditures under the provisions of this act.

sors.

overseers of

Sec. 9. Any overseer of highways, or any treasurer of Duty of either of the townships above mentioned, who shall receive highways. the whole or any part of the non-resident highway tax on such lands, shall immediately pay over the same to the county treasurer of the county in which such township is situated, to be by him placed to the credit of said commissioner as herein provided.

tion.

Sec. 10. The said commissioners shall receive as com- Compensapensation for their services, one dollar and fifty cents per day while engaged in the performance of the duties imposed upon them by this act, which amount shall be paid out of the fund created by this act, after their accounts for the same, verified by their oaths, shall have been audited by the board of supervisors of their respective

counties.

how filled.

Sec. 11. In case any vacancy shall occur in the office of Vacancies, commissioner, as created by this act, upon application being made by five freeholders of the township for which said commissioner may have been appointed, the county treasurer, sheriff and prosecuting attorney of the county in which said township lies, shall proceed at once to appoint a commissioner or commissioners to fill such vacancy, which appointment shall be in writing, and signed by at

Acts repealed.

least two of such officers, and filed in the office of treasurer of said county; and such appointee or appoin shall give bonds in like manner, and have the same por as the commissioners appointed by this act.

1

Sec. 12. An act numbered one hundred and fifty-th (153), of the session laws of eighteen hundred and f seven, and entitled "an act to provide a fund for German colony road, in Saginaw county," appro February seventeen, eighteen hundred and fifty-sev and all acts, and such parts of acts as may appro ate the non-resident highway taxes of either of t townships herein mentioned, or may contravene, or are consistent with the provisions of this act, are hereby pealed.

Approved February 3, 1859.

Name changed.

[No. 49.]

AN ACT to change the name of Eulalia Hardy.

SECTION 1. The People of the State of Michigan ena That the name of Eulalia Hardy be and the same is her by changed to Catharine Wakefield.

Sec. 2. Amos Wakefield and Permelia Wakefield, H wife, of the township of Plainfield, in the county of Ker are hereby authorized and empowered to adopt the sa Catharine Wakefield as their child and lawful heir.

Sec. 3. This act shall take immediate effect.

Approved February 3, 1859.

[No. 50.]

AN ACT to change the name of the village of Boston, in the county of Ionia.

SECTION 1. The People of the State of Michigan enact, That the name of the village of Boston, in the county of Name lonia, be and the same is hereby changed to Saranac.

Sec. 2. This act shall take immediate effect.

Approved February 3, 1859.

changed.

[ No. 51. ]

changed.

AN ACT to confirm the name of Joseph Wegman. SECTION 1. The People of the State of Michigan enact, That the name of Joseph Wegman severally [generally] Name: known as Joseph Siegel and Joseph Haberstock, be and the same is hereby confirmed as Joseph Wegman, by which name he shall hereafter be known and recognized. Approved February 3, 1859.

[ No. 52. ]

AN ACT to change the name of Luther H. Preston and

Uriah C. Preston.

SECTION 1. The People of the State of Michigan enact, That the name of Luther H. Preston and Uriah C. Pres- Name ton be and the same are hereby changed, the said Luther H. Preston to Luther H. Fitzsimmons and said Uriah C.

Preston to Uriah C. Fitzsimmons.

Approved February 3, 1859.

changed.

[No. 53. ]

AN ACT to incorporate the city of Battle Creek.

SECTION 1. The People of the State of Michigan en Boundaries. That sections one and twelve of the township of Bat Creek, and sections six and seven of the township of E met, in the county of Calhoun, be and the same are he by set off from the townships of Battle Creek and Emm respectively, and declared to be a city by the name of t City of Battle Creek," by which name it shall be hereaft known.

Name.

Corporate name and powers.

Wards:

First.

แ

Sec. 2. The inhabitants of said city, from time to tim shall be and continue a body corporate and politic, to known and distinguished by the name and title of th mayor, recorder and alderman of the city of Battle Cree and shall be and are hereby made capable of suing an being sued, of pleading and being impleaded, of answe ing and being answered unto, and of defending and bein defended in all courts of law and equity, and in all othe places whatever; and may have a common seal, whic they may alter and change at pleasure, and by the sam name shall be and are hereby made capable of purchasing holding, conveying and disposing of any real and persona estate for said city.

Sec. 3. The said city shall be divided into four wards a follows, to wit: The first ward shall embrace all that por tion of the city described as follows: beginning at the point where the Battle Creek intersects the east line o section six of township two south of range seven west, thence southerly on the east lines of sections six and seven of said township, to the south-east corner of said section seven; thence westerly on the south line of said section seven to the south-west corner thereof; thence nor therly on the west line of said section seven to the southeast corner of section twelve in township two south, of