ny unless previous notice of such meeting and the intention of submitting that question shall have been published at least six weeks in some newspaper published in the city of Grand Rapids. Sec. 3. This act shall take effect immediately, and the said company shall be entitled to its benefits and subject to its provisions wheuever they shall file their acceptance of the same in writing, signed where filed. by the president and secretary of said company, under its corporate Certificate of accep tance; seal, in the office of the Secretary of State: Provided, Such accep tance shall be so filed within six months from the passage of this act. Approved April 4, 1851. Superinten [ No. 99. ] AN ACT prescribing the duties of the Superintendent of Public Instruction, and to repeal chapter fifty-six of the Revised Statutes of eighteen hundred and forty-six, and an act to amend said chapter fifty-six, approved March twenty-ninth, one thousand eight hundred fifty. Section 1. The People of the State of Michigan enact, That the dent to Superintendent of Public Instruction shall have general supervision al supervi- of public instruction, and it shall be his duty among other things to have gener sion of pub tion; his lic instruc- prepare annually and transmit a report to the Governor, to be transmitted by him to the Legislature at each biennial session thereof, nual report, containing: duty to prepare an Abstracts. 1. A statement of the condition of the university, and its branches, of all incorporate literary institutions and of the primary schools; 2. Estimates and amounts of expenditures of the school money; 3. Plans for the improvement and management of all educational funds, and for the better organization of the educational system, if in his opinion the same be required; 4. The condition of the Normal school; 5. All such other matters relating to his office and the subject of education generally, as he shall deem expedient to communicate. Sec. 2. He shall make all necessary abstracts of the reports of school inspectors, transmitted to him by the clerks, and embody so much of the same in his report as may be necessary. Sec. 3. He shall prepare and cause to be printed with the laws relating to primary schools, all necessary forms, regulations and in ulations,&c mitted. struments for conducting all proceedings under said laws, and trans- Forme, reg. mit the same with such instructions relative to the organization and to be transgovernment of such schools and the course of studies to be pursued therein, as he may deem advisable, to the several officers entrusted with their care and management. Forms, &c. ed in form. Sec. 4. School laws, forms, regulations and instructions shall be printed in pamphlet form, with a proper index, and shall have also to be printannexed thereto a list of such books as the Superintendent shall think pamphlet best adapted to the use of the primary schools, and a list of books suitable for township libraries, with such rules as he may think proper for the government of such libraries. ment of priinary school Sec. 5. He shall annually, on receiving notice from the Auditor P General of the amounts thereof, apportion the income of the primary fund. school fund among the several townships and cities of the State, in proportion to the number of scholars in each between the age of four and eighteen years, as the same shall appear by the reports of the several township inspectors of primary schools, made to him for the year last closed. Annual statement of the amount in the aggregate payable to each Sec. 6. He shall prepare annually a statement of the amount in the aggregate payable to each county in the State from the income of the primary school fund, and shall deliver the same to the Auditor General, who shall thereupon draw his warrant upon the State county. Treasurer in favor of each county for the amount payable to such county. 1 Notices to of aggre. to be disbursed. Sec. 7. He shall also send written notices to the clerks of the several counties, of the amount in the aggregate to be disbursed in their Co. clerk respective counties, and the amount payable to the townships there- gate amount in respectively; which notice shall be disposed of as directed by an act entitled an act to amend chapter fifty-eight of the revised statutes disposed of. of one thousand eight hundred forty-six, approved March twentyeighth, one thousand eight hundred and fifty. Notice; how portionment cases, how Sec. 8. Whenerer the returns from any county, township or city, Rates of apwhich a statement of the amount to be disbursed or paid to any in certain upon such county, township or city, shall be so far defective as to render ascertained. it impracticable to ascertain the share of public moneys which ought to be disbursed or paid to such county, township or city, he shall ascertain by the best evidence in his power the facts upon which the ratio ment; how made in cer cain casss. of such apportionment shall depend, and shall make the apportionment accordingly. Sec. 9. Whenever, by accident, mistake, or any other cause, the Appertion returns from any county, township or city, upon which a statement of the amount to be disbursed to any such county, township or city. shall not contain the whole number of scholars in such county, township or city, between the age of four and eighteen years, and entitled to draw money from said fund, by which, any such county, township or city, shall fail to have apportioned to it the amount to which it shall justly be entitled, the Superintendent, on receiving satisfactory proof thereof, shall apportion such deficiency to such county, township or city, in his next annual apportionment; and the conditions of this section shall extend to all cases which accrue in the year one thousand eight hundred and fifty Interest on fund; how and how paid. Sec. 10. Upon all sums paid into the State treasury upon account educational of the principal of any of the educational funds, except where the computed provision is or shall be made by law, the treasurer shall compute interest from the time of such payment, or from the time of the last computation of interest thereon, to the first Monday of April in each and every year, and shall give credit therefor to each and every school fund, as the case may be; and such interest shall be paid out of the general fund. Sup't at the of term to Sec. 11. The Superintendent shall, at the expiration of his term expiration of office, deliver over on demand to his successor, all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office. deliver to successor books, pa pers, &c. Chap. 56 of R. S. of 1846 repealed. Sec. 12. Chapter fifty-six of the revised statutes of one thousand eight hundred and forty-six, and an act to amend said chapter fiftysix, approved March twenty-ninth, one thousand eight hundred and fifty, are hereby repealed. Approved April 4, 1851. [ No. 100. ] AN ACT to amend an act entitled an act to incorporate the village of Battle Creek, approved April 2, 1850. Section 1. The People of the State of Michigan enact, That an act entitled an act to incorporate the village of Battle Creek, appro No. 287 of ded. ved April 2, 1850, be amended as follows: Amend section one by Sec. 1 of act inserting after the word "six," in the eleventh line thereof, the 1850 amenwords following: "thence northerly on the north and south quarter line of said section six;" so that the amended section will read as follows: Corpora "Section 1. The People of the State of Michigan enact, That all that tract of country situated in the townships of Battle Creek and tion limits. Emmet, in the county of Calhoun, and described as follows, to wit: beginning at the quarter post on the west side of section seven, in the township of Emmet, in the county of Calhoun, and state of Michigan, and running thence easterly on the east and west quarter line of said section seven, to the north and south quarter line of said section; thence northerly on the said north and south quarter line, to the north line of said section and to the Battle Creek; thence along the Battle Creek to the quarter post on the south side of section six; thence northerly on the north and south quarter line of said section six; thenee to the east and west quarter line of said section six; thence westerly on said east and west quarter line to the town line; thence along said town line to the quarter post on the east side of section one, in the township of Battle Creek in the county aforesaid; thence westerly to the northerly corner of the surveyed plat of the original village of Battle Creek; thence along the northwesterly side of said village plat to the Kalamazoo river; thence south, four degrees east, to the east and west quarter line of section twelve, (12,) in Battle Creek aforesaid; thence easterly along said east and west quarter line to the town line between Battle Creek and Emmet aforesaid; thence along said town line to the place of beginning, be and the same is hereby constituted a village corporate, under the village. name of the village of Battle Creek." Name of ded. Sec. 2. Also amend section eight, by adding at the end of the sec- sec. 8 ametition the following: "And said president and trustees shall have power to acquire and hold land sufficient for the erection of the pound aforesaid. And they may also acquire and hold another parcel of land in said village, not exceeding one-fourth of an acre, upon which they may build a council house, or hall for the use of said council, for the holding of elections, for keeping records, and for such other uses as said council may think proper;" so that said section as amended will read as follows: General powers. By-laws."Sec. 8. The president and trustees shall have power to establish by-laws, rules and regulations for the government of said village, and to alter the same, repeal or re-ordain at pleasure; to provide for any subordinate officers, if necessary, and prescribe their duties and the duty of the treasurer and the amount of bonds he shall give for the performance of his duty, and his fees as collector, which shall not exceed the per cent allowed the town treasurer, and shall prescribe the fees of the clerk, assessors and marshal, which shall not exceed one dollar per day, and impose reasonable fines and penalties for the violation of the by-laws and regulations of the corporation; to regulate the planting of ornamental trees by the side walks or on the common, and cause them to be protected from depredations: to provide for protection against fires, the removal of nuisances and obstructions from the side-walks, streets, alleys, commons, and all other places in the village; to prevent cattle, horses and swine from running at large in the streets, and to build a pound for empounding the same; to suppress all riotous or disorderly conduct; to prevent horse racing and every thing else that disturbs the public peace or endangers the safety of the citizens; they shall act as a board of health, and shall have the same power in the village as the town boards have in towns, and the clerk shall beep the record of the proceedings of such board in the records of said village. And said president and trustees shall have power to acquire and hold land sufficient for the erection of the pound aforesaid, and they may also acquire and hold another parcel of land in said village, not exceeding one-fourth of an acre, upon which they may build a council house or hall for the use of said council, for the holding of elections, for keeping records, and for such other uses as said council may think proper." Sec. 11 amended. Sec. 3. Amend section eleven by inserting after the word "occupant," in the fifth line thereof, the words following: "owner or agent of any vacant lot." And after the word "street," in the same fifth line of said section eleven, insert: "Provided, If there be no resident owner or agent of any vacant lot, then a written notice, posted up in a conspicuous place on said vacant lot, shall be deemed sufficient." And then strike out all of said section eleven after the word "act," in the twelfth line thereof; so that said section eleven as amended will read as follows: |