Imagens das páginas

Notice of

en of the fact that he holds the lands of the town site of Ontothe had ng

be given.

of a to nagon in trust, by posting up three written or printed notices, in three public places in said town, and by publishing the same for three weeks successively in some paper published and printed in the county of Ontonagon, and no deeds for said land, or any part thereof, shall be executed and delivered within the period of thirty days after the first day of the publication of such notice;

When judge to execute Ceed.

Proceedings when there


2. After the lapse of thirty days from the first day of the publication of such notice, the said district judge shall, on demand, execute and deliver in all cases where there are no adverse claimants, to each person who may be legally entitled to the same, a deed in fee simple, for the part or parts, lot or lots of such land as the person demanding may be lawfully entitled to, on the payment by such person of his proportion of all costs and expenses necessarily incurred in the entry of said town site of Ontonagon;

3. When two or more persons claim title adversely to adverse the same lot or lots, or lands, within the boundaries of said town of Ontonagon, entered as aforesaid by said district judge of the Upper Peninsula, in trust for the occupants as aforesaid, the party first claiming a deed shall serve a notice upon the adverse party, stating therein that he claims title to the certain property, describing the same, and that he will, on the certain day specified in the notice, appear before said district judge, in said town of Ontonagon, to prove his right to claim and receive the title-deed to the lot, lots or lands described in the notice; and if the adverse party is not a resi dent of said county of Ontonagon, and cannot be found therein, the first claimant shall publish a notice in a newspaper printed in said county of Ontonagon at least three weeks consecutively before the day specified for the appearance;


4. The said district judge before whom any person is noti fied to appear, shall, on the day specified in said notice, or on a convenient day to be designated, within the period of ninety days after the day specified in the notice, hear the evi

dence of the adverse parties, and determine all questions of title, according to law and the evidence;

fion as to

5. The decision and determination of said judge shall be Decisi n final in all matters of fact arising under the provisions of this facts. act, subject only to a review of questions of law by the supreme court, on certiorari, as, at common law, to be sued out and pros-Certiorari. ecuted within six months, by any party aggrieved, after the decision of said district judge; and the supreme court, on hearing of the same, may affirm, reverse, or remand for re-hearsing, any cause so brought before them by certiorari;

to be acver

6. At the expiration of one year after notice has been Ungold lots given, as provided in section one, the district judge shall cause tized for cale all the lots or parts of the land occupied as such town site, not included in any street, alley or public ground, and not conveyed by deed, as hereinbefore provided, and remaining vacant and unoccupied, to be advertised for sale by publication in a newspaper printed in Ontonagon three consecutive weeks, and by posting up notices in three of the most public places in said town; and on the day advertised, the said district judge, or his Sale. agent, shall offer and sell such lots or parts of such land separately, at public sale, and the highest bidder shall be the purchaser, and each purchaser, after paying the amount of his bid, may demand and receive a deed in fee simple for the lot or lots, reeds. part or parts of land purchased by him. The proceeds of Proceed, such sale, after the payment of the expenses, and the pro-priated. portion of the costs and expenses necessarily incurred in the entry of the town site of said town of Ontonagon, shall be paid over to the treasurer of the township of Outonagon, and shall be applied by the highway commissioners of said township to the grading and improvement of the streets of said town site of Ontonagon;

how appro

tion of

7. The said district judge shall receive, for a deed for one Compenzalot, one dollar and fifty cents, and for each additional lot, judge. ten cents, included in said deed, and shall include all lots or parts of lots to which each person is entitled, in the same deed, unless otherwise requested by the party entitled thereto;


8. For the purpose of carrying ont the provisions of this act, all pievious existing acts are hereby repealed,

Sec. 2. This act sball take immediate effect.
Approved March 15, 1861

pay a lux

Aonnal re


[ No. 205. ] AN ACT to amend an act incorporating the Pittsburg and Bos

ton mining company of Pittsburg, approved Narch eighteenth, eighteen bundred and forty.cight.

SECTION 1. The People of the State of Michigan enact, That

section four of said act be amended so as to read as follows: Cmpany to Sec. 4. The said company shall pay to the treasurer of the

State of Michigan an annual tax of one per centum on the whole amount of capital actually paid in upon the capital of said company, and also upon all sums of money borrowed by said company, which tax shall be paid on the first Monday of July in each year, and shall be assessed upon the last preced.

ing report of said company; and for that purpose the president Stato treac• and secretary thereof shall, on the first day of January in each

year, or within fifteen days previous thereto, make, under their
hands, a return to the State Treasurer, verified by their several
oaths, stating the amount which has been actually paid in on
the capital stock of said company, and also the whole amount
of money which at any time has been borrowed by said com-
pany; and said tax shall be in lieu of all State taxes on the
property of said company, and an investment of any portion of
the net profits of said company in the business of said com-
pany shall le considered as so much capital paid in, and shall
be included in the returns to the State Treasurer, hereinbefore

Sec. 2. This act shall take immediato effect.
Approved March 15, 1861


T be in lieu of State taxes.

[ No. 206. I

AN ACT making a grant of swamp lands to promote the early completion of a railroad from the mouth of the Menominee river to Marquette, on Lake Superior, in the Upper Peninsula.


to vest in

SECTION 1. The People of the State of Michigan enact, That for the purpose of encouraging the early construction of a line Lands of railroad from or near the mouth of the Menominee river, to Marquette, on Lake Superior, the State hereby grants to any railroad company that may hereafter construct portions of such railroads on the line aforesaid, the alternate sections of swamp lands belonging to this State, designated by even numbers on each side of said lines of railroad, for six sections in width; but the title to the same shall not vest in the company except as when title their railroad progresses, and not until ten consecutive miles company. are completed, when the railroad company constructing said ten miles of said road may sell one half of the swamp lands When com hereby granted within the said ten miles, and on the comple-se tion of each additional ten miles, they may sell the balance of the ten miles remaining unsold in the first ten miles, and so on for each division of ten miles, until their line of railroad is completed. Should any railroad company, accepting the provisions on failure to of this act, fail to construct ten consecutive miles of their line pov sions of road within one year from the passage of this act, and ten vert. miles of railroad each year thereafter, then all grants of land herein for that portion of the line of railroad not completed, shall revert to the people of this State.

pany may

comply with.

Jand to le

to be filed.

Sec. 2. That as soon as any railroad company, accepting the Plat of road provisions of this act, shall actually survey and adopt their line of railroad on the routes indicated, they shall deposit a plat thereof in the office of the Secretary of State, and a plat thereof with the Commissioner of the Land Office, and it shall be Commisionhis duty to withdraw from sale the even numbered sections or office o parts of sections of the swamp lands that belong to this State, lands for six sections in width on each side of said line of railroad:

er of land

with TAW

lands from

R. R. compadies to construct

Proviso. Provided, That the said commissioner shall also reserve all

alternate sections of lands of the State, not hereby granted to said railroad companies, and within the same limits, from location by all persons holding certificates or contracts for building State roads, and that the same shall not be sold or deeded, except to cash purchasers, at the minimum price of the several descriptions of State lands.

Sec. 3. That before any railroad company shall be entitled to

the provisions of this act, said railroad company shall construct, ditches, &c.

on each side of their line of road-bed, ditches from two to three and a half feet in depth, below grade, of such widths as to give a perfect drainage and not permit any standing water, and at all water-ways sufficient space shall be left for the unobstructed passage of water, and at all points of the lines of the roads aforesaid, when side ditches can be cut that will carry off the surface water, they shall be constructed by the company constructing said line of railroad.

Sec. 4. That before any lands shall be conveyed under the and approve provisions of this act, by the Governor, he shall personally, or

by some authorized agent, examine each section of ten miles of completed.

completed railroad, and if, after full examination, he shall ap-
prove of the construction of said ten miles of railroad, it shall
be his duty to certify the same to the Commissioner of the State
Land Office, and patents shall be issued to the railroad company
constructing said ten miles of road, by the Governor, for the
lands, as provided in section one of this act, and so on, contin-
uously, for each division of ten miles, until the completion of
said lines of railroad.

Sec. 5. This act shall take immediate effect.
Approved March 15, 1861.

Governor to exam ne

wben ten miles are

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