and the townships of Casco, Ganges and Lee, in the county of Allegan, are hereby authorized and empowered to vote annually, for ten years, at the annual township meeting for the election of township officers, for a special tax, not exceeding one per cent. on the taxable property of each township, to be expended in the improvement of the harbor of the South Black river, in the said county of Van Buren; said tax to be voted, assessed and collected in like manner, and with the tax for township purposes, and paid out upon the orders of the township board.

Sec. 2. That Emory O. Briggs, of the township of Arlington, Daniel G. Wright, of the township of South Haven, and Timothy McDowell, of the township of Casco, be and the same are hereby appointed commissioners, who shall receive all orders drawn on the township treasurers of the said townships, for all moneys raised by said tax, and appropriate the same for the improvement of said harbor, and make all necessary contracts in relation thereto.

Sec. 3. The said commissioners, or any two of them, shall have power to appoint a superintendent of said work, who shall be controlled by the said commissioners.

Sec. 4. The said commissioners shall execute bonds in double the amount of the taxes so levied, payable to the treasurer of the county of Van Buren, for the use of the inhabitants of the said townships, conditioned for the faithful performance of said trust, and shall annually, on or before the annual township meeting, submit to the supervisor of each township taxed a full and complete statement of the receipts and disbursements of all sums received by them.

Sec. 5. The presiding judge of the fifth judicial district of the State of Michigan, shall have power to appoint substitutes in said board of commissioners, whenever vacancies shall occur by death, resignation or removal from office or from the district, and shall also have power to remove from office any of the said

commissioners on petition of the resident citizens of said dis-
trict, for good cause shown.

Sec. 6. This act shall take effect immediately
Approved February 25, 1861.

Common counoil to

[ No. 71. ] AN ACT to amend an act entitled "an act to incorporate the

city of Battle Creek," approved February third, eighteen hundred and fifty-nine.

SECTION 1. The People of the State of Michigan enact, That section seven of said act shall be so altered and amended as to read as follows:

Sec. 7. The common council shall have power to appoint an attorney for the city, one or more deputy street commissioners

appoint corand deputy marshals, a deputy recorder, who shall have no power or authority to act in the meetings of the common council, and at other times and places, only in case of the death, absence or inability of the recorder to discharge the duties of his office, and such other officers, whose election is not herein specifically provided for, as they may deem necessary to carry into effect the powers granted by this act, and to remove the same at pleasure. They shall also have power to remove the marshal or treasurer, or any constable of said city, for any violation of the provisions of this act, or of any amendment thereof, or of any by-law or ordinance, or for neglecting or refusing to perform the lawful requirements of said common council, in the manner to be provided by the by-laws or ordinances of said common council; and in case of the death, res-To 811 va ignation, or removal from the city, or from the ward from which he was elected, of any officer of the corporation, the common council shall, as soon as may be, appoint an officer to fill such vacancy for the unexpired portion of his term of office: Pro-Proviso. vided, Such appointment shall not extend beyond the next an. nual election of said city, and until his succes shall be elected and qualified. All officers so appointed shall be notified

Proviso.

tions.

ties of

Ib

and qualified as herein directed: Provided, That the common council may, at any time, order a special election to fill vacancies in any office which is elective under this act; in which

case the common council shall designate the time and places Special elec- for holding such special election, and the same notice shall be

given as for an annual election, stating the office or offices to be filled, and any person so elected, shall hold and serve for the remainder of the term of such office.

Sec. 2. Section forty-seven. of said act shall be so amended

as to read as follows: Mayor, du. Sec. 47. The mayor of said city shall be the chief executive

officer thereof. It shall be his duty, in addition to the other requirements of this act, to see that all the officers of said city faithfully comply with and discharge their official duties, to see that all laws pertaining to the municipal government of said city, and all ordinances and resolutions of the common council be faithfully observed and executed. He is also hereby authorized and empowered generally to administer oaths and to take affidavits, and shall, from time to time, recommend such measures to the common council as to him shall seem proper. The mayor of said city shall also be, ex-officio, a member of the board of supervisors of the county of Calhoun, and shall, with the supervisor elected or appointed in and for said city, represent said city in the board of supervisors of said county, and shall possess the like powers, and be chargeable with the like duties as any other of the members of said board of supervisors, and shall be entitled to the same pay, and be paid in the same manner as the other members of said board: Provided, That he shall exercise no authority as a supervisor, except as a member of such board.

Sec. 3. Section fifty-seven of said act shall be so altered and amended so as to read as follows:

Sec. 57. In all trials before any justice of the peace, under charged

the provisions of this act, of any person or persons charged any by-law with any violation of any by-law or ordinance of the common entitled to a council, he or they shall be entitled to a trial by a jury of six

Ex-officio member of board of Super Vi8078

Proviro.

Persons

persons; and all the proceedings for selecting and summoning
such jury, and in the trial of the cause, shall be in conformity,
as near as may be, with the mode of proceedings in similar
cases before justices of the peace; and within the same time,
and in all cases, the right of appeal or certiorari from the
justices court to the circuit conrt for the county of Calhoun,
shall be allowed to the parties, or any or either of them, and
the same recognizance or bond shall be given as is or may be
required by law in appeals or proceedings by certiorari from
justices courts in similar cases.

Sec. 4. This act shall take immediate effect.
Approved February 25, 1861.

amended.

[ No. 72.) AN ACT to amend section five, of chapter one hundred and

sixty-five, of the revised statutes of eighteen hundred and forty-six, section six thousand seventy-two of compiled laws, relative to challenging jurors in criminal cases.

Section 1. The People of the State of Michigan enact, That section five, of chapter one hundred and sixty-five, of the re-section vised statutes of eighteen hundred and forty-six, be and the same is hereby amended so as to read as follows:

Sec. 5. Any person who is put on trial for an offence punish- Peremptory able with death, or for murder, shall be allowed to challenge challeuge. peremptorily thirty of the persons returned as jurors, and no more; and the prosecuting officers on behalf of the people, shall be allowed to challenge, in such case, peremptorily, fifteen of the persons returned as jurors, and no more.

Approved February 25, 1861.

3

&c. of mort

[ No. 73. ]
AN ACT to amend an act entitled an act to provide punish-

ment for fraudulently removing or embezzling property under
chattel mortgages, approved February fifteenth, eighteen
hundred and fifty-nine.

Section 1. The People of the State of Michigan enact, That
section first of an act to provide punishment for fraudulently
removing or embezzling property under chattel mortgage, be

amended so as to read as follows: Removal,

Section 2. [1.1 The People of the State of Michigan enact, That i saged goods. if any person who shall have made or executed any mortgage

or conveyance, intended to operate as a mortgage of goods and
chattels, shall fraudulently embezzle, remove, conceal or dispose
of any such goods and chattels, mortgaged or conveyed as
aforesaid, with intent to injure or defraud the mortgagee or

assignee of said mortgage or conveyance, he shall be guilty Penalty. of a misdemeanor, and punished by fine not exceeding one

hundred dollars, or by imprisonment in the county jail not ex-
ceeding three months, or both, in the discretion of the court.

Approved February 25, 1861.

[ No. 74. ]
AN ACT to change the name of the township of Fremont, in

the county of Alpena.
Section 1. The People of the State of Michigan enact, That
the name of the township of Fremont, in the county of Alpena,
State of Michigan, be and the same is hereby changed to
Alpena.

Sec. 2. This act shall take immediate effect.
Approved February 25, 1861.

Name changed.

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