of any contract, and to correct all errors in contracts, whether of description or otherwise, and to allow interest on the unpaid amount of any existing contract for the payment of money, from and after the completion and acceptance of the work stipulated to be done in said contract; and this provision shall be embodied in every contract under this act.

Sec. 3. That section four of said act be amended so as to read as follows:

er's oath

Sec. 4 Immediately after being notified of his appointment, Commision it shall be the duty of said commissioner to take and subscribe and bond. the oath of office prescribed by the constitution and laws of this State, which oath of office, together with an official bond in the sum of five thousand dollars, with good and sufficient sureties, to be approved by said board, and conditioned for the faithful. performance of his duties, shall be filed in the office of Sec- Where filed. retary of State, whereupon said commissioner may enter upon his duties, as prescribed by this act. (*Upon the acceptance, Proportion's approval and cancelment of any portion of such contract, less only to issue than the whole, certificates shall be issued only to meet the completion. proportionate expense of constructing the same, not exceeding the contract price, as certified by the commissioners of said road.)

Sec. 4. That section five of said act be amended so as to read as follows:

certificates

upon part

ment.

Sec. 5. To secure the construction of roads under this act, Apportion there shall be and is hereby appropriated, of the money hereafter to accrue upon the sale of the swamp lands, an average amount per mile on each of said roads, not exceeding the value

of six hundred and forty acres of said lands, at the minimum Limitation. price fixed by the laws of this State: Provided, That no more Proviso. than four hundred thousand acres of said swamp lands shall be applied for the construction of all the roads heretofore authorized to be constructed under this act, to be distributed to them under the direction of said board; and the Auditor General

The portion of this section enclosed in parenthesis properly belongs in section four of this act, as indicated by the note, but was, it is supposed, incorrectly enrolled.

Separate ac- shall note in his warrants to which of said roads it relates, and

count of ex

penditures shall, as shall also the State Treasurer, keep a separate account

kept.

Lands taken in lieu of

money

with regard

to select

lands

Landa se

lected withheld from market.

with each road, in such manner as to show the amount expended upon each: And provided further, That any contractor for the construction of any of said roads, or any part thereof, may elect to take lands in lieu of money in liquidation of such contract, or any portion thereof, equal to the contract price for the construction of two miles, or in payment of existing cash contracts, accepted and approved at the passage of this act, and that no more than an average of six hundred and forty acres of said land shall be stipulated to be paid per mile for any of said roads: Limitation Provided, That there may be more than that amount, and not in Upper Peninsula exceeding two sections to the mile, applied to roads in the Contracts Upper Peninsula; and the lands stipulated to be paid for the construction of roads, under the provisions of this act, may be selected by contractors on the approval of their bonds and contracts by the Governor. Lands selected by contractors to apply on said contracts shall, on the filing with the Commissioner of the Land Office a list thereof, be withheld from market during the full time specified in said contract for the completion thereof: Provided, That in all those contracts where the party has contracted to take lands, such lands shall be selected in those counties in which such work is performed, according to contract. Upon a full completion of all the work provided for in tiscates to any such contract, or any two consecutive miles thereof, and on its due acceptance, approval and cancelment, or on the due acceptance, approval and cancelment of any such two consecutive miles, the Commissioner of the State Land Office shall issue to such contractor, his heirs or assigns, certificates of lands so selected; such certificate shall entitle the contractor, his heirs Aud Gen' or assigns, to patents for the said land.* The Auditor General, on the presentation of the certificate of the Commissioner of the Land Office, is hereby required to issue his warrant for the amount of land mentioned in said certificate; and the value of

Proviso.

Upon completion cer

issue.

Patents.

to issue war

rants.

As will be seen from the note on the preceding page, the portion of section three included in parenthesis is supposed to be a part of this section, and properly belonging here.

the lands so taken shall be charged, at the minimum price fixed by law, against the proper road, in the account of the State Treasurer and Auditor General.

Sec. 5. That section eight of said act be amended so as to read as follows:

of contracts

Sec. 8. Every such contract shall contain a description of the Specification land covered by the same, the distance said road is to be con structed over dry, wet, or swamp lands and marshes; the number, dimensions and construction of sluices and bridges, and width of road bed, of clearing and grubbing, and provisions requiring ditches on each side of said road sufficient to carry off the surface water, and ample side drains wherever the same are necessary, and that over all low or wet lands and marshes, the grading shall be of sufficient height to form a dry road bed; and the commissioner shall cause a true survey of the route of Survey of any such road, through any county, to be filed and recorded in Where filed. the office of the register of deeds thereof; and it shall be the Commision duty of the commissioner on all roads laid out or constructed under the provisions of this act, to make out and forward to the Governor a full report of all his doings on any road under his charge, during the month of October in each year, and he shall also report at such other times as the Governor shall direct.

Sec. 6. That section nine of said act shall be and is hereby amended so as to read as follows:

route.

er's report.

of work,how

Sec. 9. Upon completion of all the work by any contract re- Completion quired to be done on any of said roads, or any two consecutive verified. miles thereof, it shall be the duty of the commissioner for said road officially to certify to such completion; which certificate shall state that the terms of said contract have been fully and faithfully complied with, and shall be verified by the oath of the commissioner, and upon the presentation of such certificate, and the release of his or their contract, or the portion thereof so certified to be performed, if payable in money, it shall be the duty of the State Treasurer to pay the same, or the amount due rayment, thereon, from any money applicable to the construction of said road, and pay to each contractor all money apportioned to his

how made.

unpaid, to

draw inter

est.

issued.

contracts and apply the same on any one certified to be comWarrants pleted; and in case there is not sufficient money in the treasury applicable to any contract to pay the same, the contractor shall be entitled to, and it shall be the duty of the Auditor General to draw his warrant on the treasurer, payable to order, with interest as provided in section two of this act, for the whole or any balance of said contract, which shall be paid by the treasurer from any money in the treasury applicable to said Certificates road fund; and if payable in land, it shall be the duty of the Commissioner of the State Land Office, upon like presentation and release, to cause to be issued from the proper department, certificate for the lands selected and applied to said contract Special com by the provisions of this act: Provided, That before any such payment shall be made it shall be competent for the Governor, and he may at his discretion, appoint also a special commissioner to examine and certify, on oath, to the completion of any contract, or the progress made towards such completion on any of said roads; and in case such special commissioner shall be appointed, no payment shall be made except upon his additional certificate of completion, as aforesaid.

missioner.

tion of com.

Sec. 7. That section ten of said act be so amended as to read as follows:

Compensa- Sec. 10. The compensation of said commissioner, or special missioner. commissioner, shall be three dollars a day for the time actually employed in the discharge of his duty under this act, an acAccounts of. Count of which shall be rendered in detail, and all accounts for such services shall be verified by the oath of the commissioner, or special commissioner, claiming the pay for such services; and when so sworn to and allowed by the board of State Auditors, it shall be the duty of the State Treasurer to pay the same upon the warrant by the Auditor General, out of any money applicable to the same. It shall be the duty of the State Treasurer to pay accounts for the necessary surveys of said roads, said account to be certified and allowed as hereinbefore provided in case of services rendered by the commissioner.

Accounts

for survey.

Sec. 8. That section eleven of said act shall be amended so

as to read as follows:

fund drawn.

Sec. 11. No money shall be applied in the survey of such Money ex pended, routes, the acquisition of the right of way, the payment of from what any services or expenses, or in the construction and opening of such roads, or any of them, out of any other State fund except that derived from the sales of said swamp lands: Provided, That all expenses of surveys and for services of the com- Proviso. missioner, as well as for construction, except on the roads provided for in section one of the act of which this is amendatory, shall be paid in lands only where paid by the State: Provided further, That it shall be lawful, and it shall be the duty of the What surboard of supervisors of any county through which any such able to the road or any part thereof shall be located, to pay the expenses of surveying, locating, and for surveys of the commissioner in such county; and this provision shall be embodied in all such contracts, it being the determination of the legislature never to charge any part of the costs of said roads upon the ordinary revenues of the State.

Sec. 9. That section twelve of said act be so amended as to read as follows:

veys charg

counties.

the disposal

of control.

Sec. 12. There is hereby appropriated two hundred thousand Placed at acres of swamp lands of this State, to be expended in drain-of the board ing and reclaiming said lands by means of levees and ditches, which land is hereby placed under the direction of said board of control, and may, under their direction, be appropriated at the minimum price fixed by law for said lands, from time to time, for that purpose, in such localities and under such rule and regulations as they may prescribe: Provided, That said board Proviso. shall apportion said lands, as near as may be, to the organized counties of the Lower Peninsula, according to the number of acres lying in said counties at the time of the grant of said lands by Congress.

Sec. 10. There shall be added to this act hereby amended, to stand as section thirteen, the following words:

Sec. 13. In all cases in which there shall be one thousand