&.

[ No. 115. ] AN ACT to amend chapter twenty-three of the compiled. laws,

relative to obstructions and encroachments of highways. Section 1. The People of the State of Michigan enact, That sec- Section

amended. tions one, two and three, of said chapter, be amended so that the same shall read as follows: Sec. 1. Whoever shall wilfully obstruet any highway or nav

Oh-truction

of highway, igable river, or fill up, or place any obstructions in any ditch con-ke. structed for draining the water from any highway, shall forfeit, Forfeituro. for every such offense, a sum not exceeding twenty-five dollars, to be recovered in an action of trespass before any justice of How recov. the peace of the county, or the collection of such penalty may be made in accordance with any other law for that purpose, in case the said action of trespass shall not have been commenced: Provided, That this section shall not be so construed as to for- Proviso. bid the running or rafting of logs or lumber in the navigable streams of this State.

Sec. 2. In every case where a high way shall have been laid Commis'ica out and opened, and the same has been or shall be encroached encroachupon by any fence, building, or other encroachments, the commemora 1

highways missioners of highways may make an order under their hands, requiring the occupant of the land through or by which such highway runs, and of which such fence, buildings, or other encroachments form a part of the enclosure, to remove such encroachments beyond the limits of such highway within thirty days; and they shall cause a copy of such order to be served Notics of ar. upon such occupant, and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty. Sec. 3. If such encroachment shall not be removed within Penalty for

non compki. thirty days after the service of a copy of such order, such occu-anco. pant shall forfeit the sum of fifty cents for every day after the expiration of that time, during which sạch encroachment shall continue unremoved, to be recovered in an action of trespass How rocor

ers to order

meots on

der,

before any justice of the peace of the county, or the collection of such penalty may be made in accordance with any other laws for that purpose, in case the said action of trespass shall not have been commenced.

Approved March 11, 1861.

[ No. 116. ] AN ACT to apportion anew the representatives among the

several counties and districts of this State.

ment.

Section 1. The People of the State of Michigan enact, That Apportionthe House of Representatives shall hereafter be composed of

members elected agreeable to a ratio of one representative for every eight thousand three hundred and fifty white persons, and civilized persons of Indian descent, not members of any tribe, in each organized county, and one representative for a fraction equal to a moiety of said ratio and not included therein, that is to say: within the county of Wayne, nine; within the counties of Lenawee and Oakland, five each; within the counties of Calhoun, Washtenaw and Kent, four each; within the counties of Monroe, Hillsdale, Branch, St. Joseph, Berrien, Kal amazoo, Jackson, Macomb, Genesce and St. Clair, three each; within the counties of Cass, Van Buren, Livingston, Ingham, Eaton, B..rry, Allegan, Ottawa, Ionia, Clinton, Shiawassee, Lapeer and Saginaw, two each; within the counties of Sanilac, Huron, Tuscola, Ontonagon and IIoughton, one cach; the counties of Muskegon and Oceana shall compose a representative district, and be entitled to one representative, the election returns of which said district shall be made to the county seat of Muskegor; the counties of Montcalm, Isabella and Clare, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Montcalm; the counties of Newaygo, Mecosta, Lake, Osceola and Mason, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat

of Newaygo; the counties of Manistee, Grand Traverse, Leelanaw, Emmett, Antrim, Otsego, Crawford, Kalkaska, Missaukee and Wexford, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Grand Traverse; the counties of Gratiot, Midland, Gladwin and Roscommon, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Midland; the counties of Bay, Ogemaw, Iosco, Alcona, Oscoda, Montmorenci, Alpena, Presque Isle and Cheboygan, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Bay; the counties of Marquette, Chippewa, Schoolcraft and Delta, shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Marquette; the counties of Mackinac and Nanitou shall compose a representative district, and be entitled to one representative, the election returns of which district shall be made to the county seat of Mackinac.

Approved March 11, 1861.

of the sev

[ No. 117. ] AN ACT to relieve observers of the seventh day of the week

from the necessity of defending suits in violation of their consciences.

Section 1. The People of the State of Michigan enact, That no person

who conscientiously believes the seventh day of observers the week ought to be observed as the Sabbath, and actually enth day refrains from secular business and labor on that day, shall be pelled to de compelled to defend any civil suit in the justices' courts of this thereon. State on that day.

Sec. 2. Whenever any person, as aforesaid, shall be served with Proceedings any process returnable on the seventh day of the week, such cess is roperson may make affidavit before any person authorized to ad- the seventh.

not com

fent suits

minister oaths, setting forth the fact that a summons has been issued, naming the day when the same was issued, when returnable, by whom issued, and in whose favor, and against whom the same was issued; and also that said affiant conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and that the said affiant actually refrains from secular business and labor on said day, and may at

any time after service of such process, and before the return day thereof, file such affidavit with the justice before whom said cause shall be pending.

Sec 3. It shall be the duty of any justice of the peace before adjourn the

whom any cause shall be pending, in which such affidavit shall be filed regularly, to call such cause on the return day thereof, as in other cases, and upon his own motion to adjourn the same without pleadings, to such time as he shall see fit: Provided, The same shall not be adjourned to the seventh or the first day of the week: And provided also, That the said cause shall not be so adjourned more than ten days, for the cause aforesaid.

Approved March 11, 1861.

Justice to

sait.

Proviso.

Ib.

county or

[ No. 118.) AN ACT to establish and organize the county of Keweenaw.

SECTION 1. The People of the State of Michigan enact, That Koweenaw all that portion of Houghton county lying north of township ganized. fifty-five north of range thirty-one east, and north of township

fifty-six, in ranges thirty-two and thirty-three west, including Nanitou Islands of Lake Superior, and Isle Royal, be and the same is hereby organized into a new county, to be known as

the county of Keweenaw. County sal. Sec. 2. The county seat shall be and is hereby located in the

village of Eagle River, and said county is hereby called Ke. weenaw, and declared a body corporate and politic, with all the powers and duties conferred upon or required of organized counties by the constitution and laws of this State.

Sec. 3. The electors of this county, at the annual township

cera

fice.

election in April next, shall elect the proper county officers, County offwhose term of office shall expire on the first day of January, Term ex

piros. eighteen hundred and sixty-three, and when their successors are elected and qualified; said officers so elected, on or before the first day of June next, shall take and subscribe the oath Oaths of of of office prescribed to be taken by officers of this State, and shall have and possess all the powers, and discharge all the Powers. duties conferred upon or required of county officers in this State, and shall enter upon the discharge of such duties on the first day of June next.

Sec. 4. The supervisors now in office in the several organ-County canized townships within the limits of the territory hereby organized into the county of Keweenaw, are hereby constituted a board of canvassers for said county for the first election of county officers, and required to meet at the village of Eagle River, on the second Tuesday of April next, to canvass the votes for county officers, to which the proper township officers are required to make returns of sach votes on or before the day of meeting of said board, as provided in this section, and said Bonds of Con board is also authorized, and it is hereby made their duty, to approve the proper bonds of the county officers.

Sec. 5. The district judge shall fix the time for holding the District district court in the said county of Keweenaw. Sec. 6. All acts or parts of acts contravening this act are Acts declare

ed inopera hereby declared inoperative within the said county of Keweenaw. tive.

Sec. 7. This act shall take effect immediately.
Approved March 11, 1861.

officers,

court.

9

[ No. 119. ] AN ACT to amend sections three to eleven, inclusive, of chap

ter one hundred, of the revised statutes of one thousand eight hundred and forty-six, sections four thousand one hundred and eighty-eight to four thousand one hundred and ninety-six, inclusive, of the compiled laws, relative to referees.

SECTION 1. The People of the State of Michigan enact, That sections three, four, five, six, seven, eight, nine, ten and eleven, amended.