[ No. 245. ]

AN ACT to organize the township of Hancock, in Houghton county.

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

all that part of the township of Portage, known as fractional Boundaries. township fifty-six north, of range thirty-four west, and all that part of township fifty-five north, of range thirty-four west, lying north and east of Portage lake and creek, and all of township fifty-five north, of range thirty-three west, situated on the north side of Portage lake, except sections twenty-four, twenty-five, twenty six, twenty-seven and twenty-eight, thirty-three, thirtyfour, thirty-five, thirty-six, of range thirty-three west, and also township thirty-six north, of range thirty-three west, be and the same is hereby set off from the residue of said respective townships, and organize the same into a separate township by the name of Hancock.

Fiat elec

n

Sec. 2. That the first election in said township of Hancock shall be held at the hall of William Lapp; John Ryan, S. W. Inspectors Hill and J. R. Raison, are hereby constituted and appointed inspectors of the said first election, to be held at the said hall of Will am Lapp, in the village of Hancock, on the first Monday of May next, and the said election shall be conducted according to the law in such cases made and provided.

owner to

such stream, during the months of March, April and May, in each Proovedings, year; and if the owner or occupant of any such dam shall negon refusal of

lect or refuse to construct and maintain such shute, the board comply.

of supervisors of any county in which such dam may be situate, are hereby authorized to cause to be erected and main. tained such shute, at the expense of the owner or occupant of such dam, and may recover all the expenses of erecting such shute from such owner or occupant, by suit in the name of such board of supervisors, before any court of competent jurisdiction.

Approved March 16, 1861.

[ No. 247. ] AN ACT to amend act No. two hundred and fifty-five of the

laws of eighteen hundred and fifty-nine, approved February fifteenth, eighteen hundred and fifty-nine, entitled an act to provide for laying out and establishing a State road from Midland City, in the county of Midland, to St. Charles, in the county of Saginaw.

Section 1. The People of the State of Michigan enact, That Ropeal and section four, of act number two hundred and fifty-five, of the amendment.

laws of eignteen hundred and fifty-nine, approved February fifteenth, eighteen hundred and fifty-nine, entitled an act to provide for laying out and establishing a State road from Midland City, in the county of Midland, to St. Charles, in the county of Saginaw, be and the same is hereby repealed, and that section seven and section thirteen be and the same are hereby

amended so as to read as follows: Compensa

Sec. 7. The said commissioners shall be paid each the sum of missioners, one dollar and fifty cents per day for their services, out of the

fund appropriated by law for the construction and improvement of said road.

Sec. 13. It shall be the duty of said commissioners, as soon as practicable, after making a survey of said road, to make out a list of the non-resident lands coming within the provisions of this act, and deliver the same to the county treasurer of the county

tion of com

Li-t of lands to be fur pishel Co. treasurer.

credit rond

in which said lands are situated; and thereupon said county treasurer shall place to the credit of said road all taxes Treasurer to assessed on the lands contained in said list as non-resident high- with tazes. way tax, for the year eighteen hundred and fifty-nine, and for two years next thereafter, which said tax shall constitute a highway fund, to be known and designated as the Midland City and St. Charles State road fund, which said fund shall be used in the construction and improvement of said road, and for no

other purpose.

route au

lands to be

Sec. 2. That the following two sections be and the same are now sooties hereby added to said act, and numbered section fourteen and section fifteen: Sec. 14. Harvey Lyon, of Midland City, B. G. Beden, of In-Commission

ors appointgersoll, and Orsamas Doty, of St. Charles, are hereby appointed ed. special commissioners for the purpose of constructing and improving said road. Said special commissioners shall have power, and they are hereby authorized, if they shall deem it expedient, to re-survey and change the location of any portion of Resurvey of said road: Provided, If they shall do so, they shall, as soon thorized.

. thereafter as practicable, file a new list of the non-resident New list of lands embraced in a section, any part of which section shall be filed. within two miles of the center of said road, as surveyed and established by them, with the treasurer of the county in which such lands are situated; and the non-resident highway tax as-Rɔad fund. sessed on the lands embraced in such new list, shall constitute the Midland City and St. Charles State road fund, as aforesaid, and shall be appropriated and used as specified in the last preceding section. Sec. 15. All expenses which may have accrued to the commis

Action of sioners appointed by and under the act of eighteen hundred and mi-wieneis fifty-nine, to which this is amendatory, or to persons in their valid. employ, in laying out and establishing said road, shall be and the same are a valid claim against the Midland City and St. Charles State road fund, and all orders drawn by them for the payment thereof shall be paid by the treasurers of the counties in which said road is located, out of any moneys in their hands

belonging to said fund; and said road shall be and continue a valid road, as located by them, until its location shall be changed by the special commissioners, as provided in the last preceding section.

Approved March 16, 1861.

Bections amended.

Provee 'ings de texy

[No. 248. ]

AN ACT to amend and add to chapter one hundred and thirtytwo of the compiled laws, entitled of homestead exemption.

SECTION 1. The People of the State of Michigan enact, That sections three, four and five, of said chapter, be amended so that they shall read as follows:

Sec. 3. Whenever a levy shall be made upon, or any circuit when he court commissioner shall advertise for sale, under any decree

Gined

to ne upon the forecl sure of any mortgage, not valid as against the homestead, the lands and tenements of a honseholder, whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer at the time of making such levy, or at the time of such advertising for sale, what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to sale under such levy or decree.

Duty of offi te in evy

Sec. 4. If the plaintiff in execution, or complainant in said In ce taia decree, shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy or advertising for sale shall cause the same to be surveyed, beginning at a point to be designated by the owner and set off in compact form, including the dwelling house and its appurtenances, to the amount spec.fied in the first section of this act, and the expense of such survey shall be chargeable on the execution or decree, and collected thereupon.

How officer

convey.

Sec 5. After the survey shall have been made, the officer may sell the property levied upon or included in the decree, and not included in the set off, in the same manner as provided in other like cases for the sale of real estate; and in giving a deed of

the same he may describe it according to the original levy or as described in the decree, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity as set off as aforesaid.

when home.

ce da n

Sec. 2. Whenever the homestead of any debtor in any such poceedings case, shall exceed in value the amount of fifteen hundred dol-exlars, the debtor shall not for that reason lose the benefit inten- value $1500. ded to be secured to him or her by said chapter and act; but in all such cases, when in the opinions of the creditors or officer holding an execution or decree as aforesaid, against such householder, the premises claimed by him as exempt are worth more than fifteen hundred dollars, such officer shall summon six persons qualified to act as jurors, who shall upon oath, to be administered to them by said officer, appraise the said premises; and in case the value thereof shall be more than fifteen hundred dollars, and cannot be divided, they shall make and sign an ap- Appraisal praisal of its value, and deliver the same to the officer, who shall of for 8.rplus. deliver a copy thereof to the debtor, or to some of his family of suitable age to understand the nature thereof, with a notice thereto attached, that unless the said debtor shall pay the said officer the surplus, over and above the fifteen hundred dollars, or the amount due on said execution or decree, within sixty days thereafter, that such premises will be sold.

and n

* Ve tie

su plus.

Sec. 3. In case such surplus, or the amount due on said exe- Officer to cution or decree, shall not be paid within the sixty days, it shall fo be lawful for the officer to proceed to advertise and sell the said premises, and out of the proceeds of said sale to pay such debtor the said sum of fifteen hundred dollars, which shall be exempt from execution for one year thereafter, and apply the balance on said execution: Provided however, That no sale shall Provia be made in the case last mentioned, unless a greater sum than fifteen hundred dollars shall be bid therefor, in which case the officer may return said execution for want of property, or report the facts to the court in which said decree was rendered, as the case may require: And provided also, That this and the Provise