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ment or improvement, and intention, prior to their being offered for sale, such person, his heirs or assigns, shall also be entitled to purchase such land at one dollar and twentyfive cents per acre: Provided, That nothing in this act shall be construed to affect the legal rights of any suit or claims now pending, either in law or equity.

SEC. 2. This act shall take effect immediately.

CHAPTER LXXXIII.

OF THE INTEREST OF THE STATE IN MINES AND MINERALS.

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Sovereign rights of People in.

Not to be en

forced against

An Act Declaratory of the Interests of the State of Michigan in Mines and Minerals.

[Approved April 25, 1846. Laws of 1846, p. 92.]

.

(2554.) SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the property in the following Mines is fully vested in the People of the State of Michigan, in their right of sovereignty:

1. All Mines of gold and silver, or either of them, now discovered, or hereafter to be discovered within the territorial limits of this State;

2. All Mines or other Metals or Minerals, discovered, or to be discovered, which are connected with, or shall be known to contain gold or silver in any proportion.

(2555.) SEC. 2. The sovereign ght of the People of Michigan to the Mines and Minerals therein, as specified in the

Lands.

preceding section, shall never be enforced against any citizen Citizens owning of the State in whom the fee of the soil containing any such Mines and Minerals now is, or may hereafter become fully vested in his own right by a bona fide purchase from, through or under the General or State Government; but such Mines and Minerals shall remain the property of the citizens owning such lands, subject to the specific tax hereinafter provided: Provided, That this act shall not be construed to affect any Saving of existing right already acquired, or held by individuals, from or under the permits or leases of the United States, wherever such leases shall prove to be upon lands now owned, or hereafter to become the property of the State.

rights.

reserved from

(2556.) SEc. 3. All lands known to contain Mines or Min- Mineral Lands erals, which now are, or may hereafter become the property of Sale. this State, shall be reserved from sale by the authorities thereof, until directed to be sold by, and under such regulations as the Legislature shall hereafter prescribe.

(2557.) SEC. 4. A specific tax of four per cent., to be in lieu Tax upon Ores. of all other State taxes, shall be levied and collected upon all ores and the product of all Mines within the limits of this State, whether the lands containing them have been sold to bona fide purchasers by the General Government or not, which said tax shall in all cases be assessed thereon upon the average yield and value of such ores, after the same is smelted, if smelted within this State, but if not smelted within this State, then said taxes shall be paid before such ores are removed from the premises where they are raised: Provided, That the specific tax upon the product of Iron Mines shall not exceed two per cent.

shall be made.

(2558.) SEC. 5. Such assessment may hereafter be made How assessment upon a statement verified by the oath of the person having constant charge of the working of any Mine, and of the yield and product thereof, setting forth the actual amount of such yield, and the product for the year next preceding; and if such tax be not paid when legally demanded, upon the aggregate amount of such statement, it shall be lawful to seize upon the ores and product of such Mines in satisfaction of the same.

SEC. 6. This act shall take effect and be in force from and after its passage.

Commissioner of
State Land Office

An Act to Provide for the Leasing of Certain Lands.

[Approved May 18, 1846. Laws of 1846, p. 274.]

(2559.) SECTION 1. Be it enacted by the Senate and House of to lease Mineral Representatives of the State of Michigan, That the Commissioner

Lands.

In what parcels.

To be offered at
Auction.

Notice of Auction.

At what rate to be leased.

Lands heretofore leased by Secre

let to same

terms.

of the State Land Office be, and he is hereby authorized to lease, as hereinafter provided, any of the Mineral Lands reserved from sale by the provisions of section No. 3, of act No. 78, approved April 28, [25], 1846.

(2560.) SEC. 2. All that portion of said lands which is for the use of Primary Schools, the Commissioner may lease as hereinter provided, in quantities not less than forty acres, unless it be a fraction, and for a period not exceeding three years: Provided, All lands so leased shall be according to the United States survey.

(2561.) SEC. 3. Before said Primary School Lands can be leased upon private application, they shall first be exposed to lease at public auction to the highest bidder, as hereinafter provided.

(2562.) SEC. 4. The said Commissioner shall give thirty days' notice of the time when, and place where, said lands will be exposed to lease at auction as aforesaid, with the description, township, range, and region of country where said lands are located; which notice shall be published at least once in each week in the State paper at Detroit, and in one or more county papers.

(2563.) SEC. 5. The consideration of such leases shall not be less than four per cent. upon the average yield and value of all Minerals which shall be taken from the lands so leased, and such further annual rent to be paid in money, annually in advance, the first payment of which shall be on the delivery of said lease, as the Commissioner shall be able in manner aforesaid to lease them for.

(2564.) SEC. 6. All lands located by the State for Internal tary of War, may Improvement purposes, under the grant of 500,000 acres by lessees on same Congress to this State, which may be under lease from the Secretary of War of the United States, at the time of said location, may be leased by the said Commissioner to the same lessees or their assigns, and on the same terms of their leases from the said Secretary of War; the said lessees relinquishing all pretension of claim under said United States leases.

(2565.) SEC. 7. If any of said lessees or their assigns shall

leased to others.

refuse or neglect to obtain said lease from said Commissioner, When may be after full opportunity to do so, or public notice to that effect, then, and in such case, the said Commissioner may lease the same to any person or persons, in the way and manner hereinbefore provided for the leasing of Primary School Lands.

Lands to be

(2566.) SEC. 8. All locations of said lands made by the State certain other for Internal Improvement purposes as aforesaid, and not under leased. lease by the Secretary of War, at the time of said location, may be leased by the Commissioner in the way and manner hereinbefore provided for the leasing of Primary School Lands. (2567.) SEC. 9. After any of the lands mentioned in this act When may be shall have been exposed to lease at auction, if not leased, the application. Commissioner may then lease them upon private application,

leased on private

for such consideration as is set forth in the fifth section of this. act.

appointed to ex

(2568.) SEC. 10. The Governor may, if he shall deem it Agent may be necessary, appoint an agent to examine the lands described amine Lands. herein, before leasing the same, with such compensation as he may deem advisable.

to be Taxed.

(2569.) SEC. 11. All lands leased under the provisions of Lands leased not this act, shall not be subject to any other taxes than those specified in said act.

SEC. 12. This act shall take effect and be in force from and after its passage.

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