[ No. 43. ] AN ACT to amend an act entitled an act to incorporate the village of Bay City, approved February ninth, one thousand eight hundred and fifty-nine. SECTION 1. The People of the State of Michigan enact, That sections one, eight, twenty-nine and thirty, of an act entitled an act to incorporate the village of Bay City, be amended so as to read as follows: of corpora SECTION 1. The People of the State of Michigan enact, That so Boundaries much of the township of Hampton, in the county of Bay, as is tion. embraced in the following boundary, to wit: commencing at a point in the center of the Saginaw river, where the south line of section twenty-nine, in town fourteen north of range five east, crosses said river; running thence north-easterly along the center of said river, to a point on the south line of section sixteen of the same town, where the east and rear line of the original plat of Lower Saginaw, as recorded, would cross if extended north; thence south along said east and rear line, to the south line of the John Riley reserve; thence west along the south line of said John Riley reserve, to a quarter stake in section twenty-eight of said town fourteen, and to the northeast corner of the recorded plat of the village of Portsmouth; thence south along the easterly and rear boundary line of the said recorded plat of Portsmouth, to the south line of section twenty eight, of the said town fourteen; thence west along the south line of said section twenty-eight, to the center of the river, the place of beginning; intending to embrace within said boundaries, the village plat of Lower Saginaw first recorded; James Frazer's first and second additions to Lower Saginaw, so-called; so much of the John Riley reserve as lies immediately south of said part [plat] of Lower Saginaw, laid off into blocks, lots, and streets, commonly called the Frazer, Fitzhugh, and Birney addition, and so much of what was formerly a portion of the plat of Portsmouth as lies within section twenty-eight, or within the township of Hampton as at present bounded; all lying upon the cast side of the Saginaw river, and being parts Duty of treasurer. of sections twenty-one, twenty-eight and twenty nine, of said town fourteen north of range five east, be and the same is hereby constituted a village corporate, by the name of the village of Bay City. Sec. 8. It shall be the duty of the treasurer to act as collector of the village, to safely keep all moneys coming into his hands belonging to the corporation, and to pay the same on the order of the recorder, countersigned by the president, and at the expiration of his office, to hand over all moneys remaining in his hands, and all books and papers pertaining to his office, to Compensa- his successor; and his compensation shall be a salary of twenty-five dollars per annum, and two per centum upon such moneys as he shall collect and disburse: Provided, That whenever the common council shall deem it expedient, the marshal may perform the duties of collector, and in such case the mar shal shall receive the same per centage allowed the treasurer for collecting. tion. Proviso. Duplicate of taxes. Sec. 29. It shall be the duty of the common council to make or cause to be made out a duplicate of taxes, charging each individual therein an amount of tax in proportion to the amount of real and personal estate of such individual within said village, which duplicate shall be signed by the president and recorder, or in case of their absence or the absence of either of them, by any two members of the common council, and delivered Collection of to the treasurer or marshal, whose duty it shall be to collect the same, within such time and in such manner as the by-laws and ordinances of the village shall direct. taxes. Taxes col· lected to be treasurer. Provisɔ. Sec. 30. All moneys to be raised by tax in said village shall paid over by be collected and paid over by the treasurer or marshal of said village, as shall be prescribed by the ordinances of the village: Provided, however, That the highway rolls may be collected by the street commissioner, who, for that purpose, is hereby vested with all the powers of overseers of highways under the laws of this State, and such other powers as may be conferred upon him by the ordinances of the village. Sec. 2. This act shall take effect immediately. [ No. 44. ] - AN ACT to amend section eighty-six of an act entitled "an act to amend chapter ninety-three of the revised statutes of eighteen hundred and forty-six, entitled 'of courts held by justices of the peace,'" the same being section thirty-seven hundred and thirty-eight of the compiled laws. amended. SECTION 1. The People of the State of Michigan enact, That section eighty six, of an act entitled "an act to amend chapter Section ninety-three of the revised statutes of eighteen hundred and forty-six, entitled 'of courts held by justices of the peace," the same being section thirty-seven hundred and thirty-eight of the compiled laws, be so amended as to read as follows: ment, how Sec. 86. If either party to the suit shall make it appear to Adjourn the satisfaction of the justice, by his own oath, or the oath of obtained. any other person, that he cannot safely proceed to trial for the want of some material testimony or witness, the justice shall postpone the trial for such reasonable time, and so often as he shall deem it proper, not exceeding in all three months: Provided, That a party claiming an adjournment after a former Subsequent adjournment has been had, shall further make it appear, to the ment. satisfaction of the justice, that he has used reasonable diligence to procure such testimony or witness since the last preceding adjournment: And provided, That in the Upper Peninsula the adjournments shall not exceed six months. Approved February 14, 1851. adjouin [No. 45. ] AN ACT to continue the authority of circuit court commissioners after the expiration of their term of office, in certain cases. SECTION 1. The People of the State of Michigan enact, 'That in all cases where any circuit court commissioner shall have advertised real estate for sale under and by virtue of any decree or order of any court of this State, and his term of office shall expire before the sale shall be consummated, it shall be competent and lawful for him to proceed to complete the sale and report thereof, and do all things necessary to perfect the same, as if his term of office had not expired; and for such purpose his power and authority shall continue until all such business is fully closed. Approved February 14, 1861. Railroads author zed to make contracts. Proviso. [No. 46. ] AN ACT to amend an act entitled "an act to provide for the incorporation of railroad companies," approved February twelfth, eighteen hundred and fifty-five. SECTION 1. The People of the State of Michigan enact, That the act entitled "an act to provide for the incorporation of railroad companies," approved February twelfth, eighteen hundred and fifty-five, be amended by adding thereto the following section: Sec. 65. Every railroad company organized under this act, may enter into arrangements, and make contracts for its benefit, and consistent with and calculated to promote the objects for which it was organized, with any other railroad company within or without this State, when the lines of such railroads are connected by water or otherwise: Provided, Such arrangements and contracts shall not release said company so organized under this act, or the directors or stockholders thereof, from any duties or liabilities imposed upon them by the laws of this State: And provided further, That nothing in this section contained shall be construed to authorize any railroad companies to bridge, dam, fill up or divert the course of the St. Clair river, or any other navigable waters in this State, nor to consolidate the stock of any railroad companies. Sec. 2. This act shall take immediate effect. [ No. 47. ] AN ACT to change the name of Alonzo M. Baldwin. SECTION 1. The People of the State of Michigan enact, That the name of Alonzo M. Baldwin, of the county of Tuscola, in this State, be and the same is hereby changed to Morgan Baldwin Slafter. Approved February 14, 1861. [ No. 48. ] AN ACT to change the name of Nellie Frances Augur. SECTION 1. The People of the State of Michigan enact, That the name of Nellie Frances Augur, of the town of Constantine, in the county of St. Joseph, and in this State, be and the same is hereby changed to Nellie Frances Hull. Approved February 14, 1861. [ No. 49. ] AN ACT to change the name of Cynthia Massey to Tinnie Young. SECTION 1. The People of the State of Michigan enact, That the name of Cynthia Massey, of the township of Blissfield, county of Lenawee, in this State, be and the same is hereby changed to Tinnie Young. Approved February 14, 1861. [ No. 50. ] AN ACT to change the name of William Franklin Kelley. SECTION 1. The People of the State of Michigan enact, That the name of William Franklin Kelley, adopted son of Alpheus Pierce, of the township of Shelby, and county of Macomb, be and the same is hereby changed to William Franklin Pierce. Approved February 14, 1861. |