False affidavit. Perjury. If procured in violation of Section 15. Issue to be joined, etc. In case judgment is set aside, etc. Bona fide purchaser, interests of, etc. confirming the title was based was a false or a forged instrument; Second, That some one of the affidavits filed in the proceedings prior to the obtaining of said order was false; Third, That some of the proof before the commission affecting the merits of the claim was perjurious; Fourth, When said judgment has been procured in violation of section fifteen of this act the party seeking to have such judgment set aside shall first file his verified petition for that purpose in said court, and shall serve a copy thereof, with all affidavits accompanying the same, on the opposite party at such time and in such manner as such court shall direct; and the said court may order an issue to be joined, which issue shall put in question any of the foregoing grounds for setting aside the judgment in said petition, and shall be tried as any issue of fact, according to the law of the State and the rules and practice of the court. In case a judgment confirming a title or interest in lands is set aside, pursuant to the provisions of this act, the court shall so declare by order, a certified copy of which, being produced and filed with the register of deeds of the county of Charlevoix, shall authorize the officer, and it shall be his duty to write across the face of the record of the judgment of confirmation a notice of the vacation of the order, and which shall be prima facie evidencethereof. SEC. 12. If any judgment of confirmation be set aside while the land or lands are in the hands of a bona fide purchaser thereof how protected, who became such after the judgment was rendered, he shall be entitled to the same protection in regard to recovering for permanent or valuable improvements as is now provided by law in cases. of recovery in actions of ejectment; and such purchaser may, when ousted from possession, bring an action of assumpsit against the person or persons procuring the vacation of the order of con-firmation or for whose benefit the same was made, to recover the value thereof, in which action the defendant may set off the value of the use of said lands while the same was in the posses-sion of the plaintiff. In case the plaintiff recover judgment the same, together with costs thereof, shall be and remain a lien upon the land, and the same may be seized and sold by execution to satisfy the judgment so recovered. Owner of adverse interest, etc. Suspension of proceedings, etc. SEC. 13. Any person owning an interest adverse to the claim of title or interest made to any lands pursuant to the provisions of this act, may at any time before the order of reference to the commissioner is entered, enter his appearance in the common rule book of said court, either by himself, agent, or attorney, with notice that he claims adversely, a copy of which shall be served on the claimant or on his agent or attorney personally if either of them reside in the county of Charlevoix. If neither the claimant, his agent or attorney, reside in the county of Charlevoix, then it shall be sufficient to serve the same on the said commissioner, which shall be deemed in such case service on the claimant. SEC. 14. Whenever a rule has been entered and served pursuant to the provisions of the preceding section, all further proceed declaration, etc. established. ings on the part of the claimant before the commissioner shall claimant SEC. 15. At any time after the report of the commission and When adverse before judgment of confirmation, any person or persons claiming entitled to adversely, may, upon payment of costs, enter a rule and be entitled trial, etc. to a trial as hereinafter directed, and in any suit in ejectment accruing under the provisions of this act, if judgment is rendered against the plaintiff therein and is not set aside, the court shall grant an order staying all further proceedings under the provisions of this act in respect to establishing title, which order shall prohibit and prevent all further action by said plaintiff or those deriving title through the plaintiff. If an order of confirmation When order of title should be obtained by a party, either a plaintiff or defend- may be set ant against whom final judgment has been recovered in an action of ejectment, such order may be set aside by application to the circuit court of Charlevoix. impaired. SEC. 16. This act shall not be deemed to impair the right of Rights not any person with respect to any remedy now existing: Provided, Proviso. Such remedy is resorted to before judgment of confirmation as aforesaid is rendered; and the court shall have the right to stay the proceedings under the provisions of this act during the pendency of any action at law or proceedings in equity calling in question the validity of any title or interest sought to be established by virtue of the provisions of this act. and register. SEC. 17. The county clerk and register of deeds shall each pro- Duty of clerk cure a blank book in which to enter the orders and judgments contemplated by the provisions of this act, and they shall be devoted solely to those objects; a proper index to said books shall be prepared and kept by the county clerk and register of deeds. Said books are hereby declared to be public records. SEC. 18. Any person who shall depose or testify falsely in any Perjury. proceedings had under the provisions of this act shall be liable to Felony, what to be, etc. Idem. Fees. Public act. Description of, etc. Commissioner. Bond, etc. the pains and penalties prescribed by the statute for the punishment for perjury. SEC. 19. Any person who shall willfully and corruptly attempt to acquire a title to or interest in any real estate under the provisions of this act, having no title or interest in such real estate, or who shall willfully use or procure any false testimony to establish his claim of title or of interest, shall be deemed to be guilty of a felony, and on conviction thereof, shall be punished by imprisonment in the State prison not exceeding ten years. SEC. 20. Any agent or attorney who shall attempt to establish a title or interest in and to any lands, pursuant to the provisions of this act, upon false testimony, knowingly, shall be liable to the pains and penalties prescribed in the preceding section. SEC. 21. The following fees shall be allowed the officers in the performance of the duties enjoined by this act and no others: To the county clerk, filing each paper, six cents; entering such order or judgment, eight cents per folio; certified copies of orders, six cents per folio; indexing each cause, five cents. To the register of deeds, for filing papers, six cents each; recording judgment of confirmation of title, six cents per folio, and the same per folio for certified copies of the records thereof; indexing, three cents. SEC. 22. This act is hereby declared to be a public act. Approved March 28, 1889. [No. 41.] AN ACT to provide for the laying out of a State road in Bay county to be known as the "Williams and Garfield State road extension." SECTION 1. The People of the State of Michigan enact, That a State road shall be laid out and established, commencing at the southeast corner of section three in town fifteen north, of range three east, thence running north on the section line between sections two and three, town fifteen north, of range three east, sections thirty-four and thirty-five, sections twenty-seven and twentysix, sections twenty-two and twenty-thrée, sections fifteen and fourteen, sections ten and eleven, sections three and two, town sixteen north of range three east, to the town line between town sixteen north of range three east and town seventeen north of range three east, to be known as the Williams and Garfield State road extension. SEC. 2. In order to secure the laying out of said State road the Governor shall appoint a commissioner, who shall take and subscribe an oath of office and execute a bond to the people of the State of Michigan, with sufficient sureties in the penal sum of five hundred dollars, conditional for the faithful performance of his duties as such commissioner. Such bond shall be approved by the Commissioner of the State Land Office, and such bond and oath of office shall be filed in the office of said Commissioner of the State Land Office. Commissioner. SEC. 3. Said road commissioner shall, as soon as may be, after buty of his appointment, proceed to lay out such road between the point of commencement and point of termination as before mentioned. Said commissioner may employ a surveyor and other necessary May employ assistants to aid in the performance of his duties. surveyor, etc. SEC. 4. For the purpose of locating said road, which shall be May enter on four rods wide, the said commissioner and his assistants may law- lands, etc. fully and peacefully enter upon the lands of any person or persons which he may deem it necessary to enter upon to lay out said road: Provided, That no land shall be taken without just proviso. compensation, as provided by the general law relating to high ways. SEC. 5. The said commissioner shall receive two dollars per day Compensation. for his services, and his account for his expenses incurred in laying out said road shall be paid by the board of supervisors of Bay county. This act is ordered to take immediate effect. [No. 42.] AN ACT to amend act number ninety-one of session laws of one thousand eight hundred and eighty-seven, entitled "An act to authorize the formation of corporations for the purpose of improving rivers which form, in whole or in part, the boundary between this and any adjoining State, and their tributaries, and for driving, sorting, holding and delivering logs thereon," approved April twenty-sixth, one thousand eight hundred and eighty-seven, and to add a new section thereto to stand as section fourteen, and to provide for such corporations to hold a lien on such logs or timber. SECTION 1. The People of the State of Michigan enact, That Act amended. section eleven of an act entitled "An act to authorize the formation of corporations for the purpose of improving rivers which form, in whole or in part, the boundary between this and any adjoining State, and their tributaries, and for driving, sorting, ⚫ holding and delivering logs thereon," approved April twenty-sixth, one thousand eight hundred and eighty-seven, be amended, and a new section be added to said act to stand as section fourteen, so as to read as follows: corporation to SEC. 11. Any such corporation formed for the improvement of Power of any boundary river in whole or part and any of its tributaries, improve, etc. and for driving, sorting, holding and delivering logs thereon, which shall have taken prior possession of such boundary river for that purpose, shall have power to improve such river and its tributaries by clearing and straightening the channels thereof, Proviso. on logs, etc. closing sloughs, erecting sluice ways, booms of all kinds, side rolling and flooding dams, driving piles and erecting piers or otherwise, as may be necessary or suitable for the purpose aforesaid: Provided, That such sluiceways, booms, dams, piles and piers shall, so far as practicable, be so constructed and used as to allow of the free passage of logs, timber and other floatables along such waters. Every corporation which shall so improve a boundary river or any of its tributaries for the purpose of driving logs thereon, May collect toll and keep in repair and operate its works, may charge and collect reasonable and uniform tolls upon all logs, lumber and timber driven or floated on the same, and may take possession of all logs put into said stream, or upon rollways so as to impede the drive, when the owners thereof or their agents shall not have come upon the stream adequately provided with men, teams and tools for breaking rollways and driving such logs in season for making a through drive down such stream without hindering the main drive, and shall also, at the request of the owner of any logs and May take charge timber put into said stream, take charge of the same and drive the same down and out of such stream, and charge and collect therefor of the owner or party controlling said logs and timber reasonable charges and expenses for such services, (and all charges for running, driving, booming, towing, rafting, sorting and delivering of logs, timber or lumber by such corporation shall be by the scale of such logs, timber or lumber per thousand feet board measure); and such corporation shall for all such tolls, costs and expenses, have a lien on the logs for which the same were incurred, and shall be entitled to maintain possession of such logs or timber, or so much thereof as may be necessary to satisfy the amount of such tolls, costs and all expenses for taking care of the same until the same shall be determined, satisfied and paid in the manner hereinafter prescribed. of logs, etc. Lien on logs. Duty of corporation to deliver to owner, etc. Liability of corporation. SEC. 14. It shall be the duty of said corporation to provide for the delivery of and to deliver to the respective owners and parties entitled to receive the same the logs and timber driven, boomed, or sorted by such corporation, with prompt and impartial diligence, and no owners and parties ready to receive their logs and timber shall be delayed in the sorting and delivering thereof because other owners or parties are not ready to receive the delivery of their logs and timber. And such corporation shall be liable to any owners of logs and timber and to any parties entitled to receive from such corporation any logs and timber, for all damages which they may suffer by reason of the failure of such corporation to comply with the provisions of this section. Approved April 4, 1889. |