Failure to

all moneys which may come into his hands for the use of the state, and that he will deliver to his successor in office, all books of entry, papers, documents and other things which he may have or hold in right thereof, and pay the balance of all money that may be found due to the state in his hands; and it shall be the duty of every such county treasurer to give a bond, as in this section directed within sixty days from and after the passage of this act, and every county treasurer who shall fail or neglect to comply with the requirements herein made, shall be deemed to give bond have vacated his office; in which case it shall be the duty of cation of of such county clerk to give public notice, that the electors of said county may elect a citizen of their county to fill such vacancy: how filled. Provided, That the treasurers of the counties of Mackinaw and Chippewa, shall respectively be permitted, and required, to give bond as aforesaid within ninety days from and after the passage of this act.

deemed a va

fice.

Vacancy,

Proviso.

under this

made.

Sec. 7. It shall be the duty of the district or prosecuting at- Prosecutions torney in each of the several counties of this state to prosecute act, how all violations and infractions of this, and the act herein recited, to final judgment.

ditor general.

Sec. 8. It is made the duty of the auditor general to transmit a sufficient number of copies of this act, together with the form Duty of auof the bond required to be given by this act, forthwith, to the several county treasurers and clerks in the several counties of this state, with directions to every such treasurer and county clerk, immediately on the receipt of said copies, to send one to each of the supervisors and township clerks in said county. Approved January 31, 1837.

[No. XI.]

AN ACT to authorize the Governor to appoint a private secretary.

Sec. 1. Be it enacted by the Senate and House of Representa

tivs of the State of Michigan, That the governor of this state Appointment be, and he is hereby, authorized to appoint and employ a private

secretary.

Sec. 2. That said private secretary shall receive for his servi- Salary.

B

ces the sum of five hundred dollars per annum, payable quarterly, out of any moneys in the treasury not otherwise appropriated. Approved January 31, 1837.

Commission

ers of State roads.

Repealing clause.

[No. XIII.]

AN ACT to amend an act entitled "An act appointing commissioners to lay out and establish certain state roads,” approved March 26, 1836.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Daniel Munger, Martin Olds, and Levi C. Mathews, be, and they are hereby, appointed commissioners to lay out and establish a certain state road, as described in the thirty-fourth section of the act to which this is amendatory; and that so much of the said section as relates to the appointment of the commissioners therein named, be, and the same is hereby repealed.

Approved February 2, 1837.

Tax, how levied.

Proviso.

Time of collection ex

tended.

[No. XIV.]

AN ACT to authorize the supervisor and the township clerk of the township of Marshall, to levy a tax on the property assessed therein in the year one thousand eight hundred and thirty-six.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the supervisor and township clerk of the township of Marshall, in the county of Calhoun, be, and they are hereby, authorized to levy the amount of taxes charged against the said township upon the entire property assessed therein for the year one thousand eight hundred and thirty-six: Provided, That in case any part of said tax is already collected, the excess paid by any person or persons over and above his, her or their just ratio, according to the new apportionment by this act authorized to be made, shall be, and the same is hereby required to be refunded.

Sec. 2. The time for the collection of said taxes, is hereby extended to the fifteenth day of March next.

lector.

Sec. 3. The collector of said township is hereby authorized and required to collect said tax in said township, and make his Duty of colreturns within the time above specified, in the same manner as is required by the existing laws of this state, any law to the contrary notwithstanding.

Approved February 4, 1837.

[No. XV.]

AN ACT to amend an act entitled "An act appointing commissioners to lay out and establish certain State roads," approved March 26, 1836.

Sec. 8 of a

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That so much of the eighth section of an act to which this act is amendatory, as authorizes Na- Repeal of than S. Philbrick, Archibald Y. Murray, and Salmon Champion, certain act. Jr. to lay out and establish a State road from Pontiac, in the county of Oakland, through Plymouth Corners in the county of Wayne, to Ypsilanti in the county of Washtenaw, be, and the same is hereby repealed.

Approved February 7, 1837.

[No. XVI.]

AN ACT to amend the several acts concerning the supreme court, circuit court, and courts of chancery of the state of Michigan.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all suits at law civil and criminal, appeals, certioraries, and all other matters or things pending or remaining in the superior circuit court of the county of Monroe, in the late territory of Michigan, and also all suits, writs and matters in chancery, pending or remaining in said superior circuit court, and in the circuit court of said county of Monroe in said territory, which by the provisions of any existing laws of this state were transferred, or subject or required to be transferred to either the supreme court of said state, or the court of chancery for the second circuit, shall be, and the same

Transfer of

suits, &c.

are hereby, transferred to the supreme court and the court of chancery respectively, for the first circuit, as they may severally have jurisdiction thereof, and said courts respectively shall hear, try and determine the same, and render such decree or judgment therein, and issue execution as if said courts respectively had original cognizance thereof; and all the writs, dockets, records, documents, writings and proceedings, in said suits and matters pending as aforesaid, or that may be pending in said supreme court or court of chancery for the second circuit, originating in said county of Monroe, shall be transferred to the court of chancery and supreme court of the first circuit respectively, as they may severally have jurisdiction, and be taken possession of or remain in the custody of the clerk of the said supreme court and Appearance. Court of chancery respectively, for the first circuit; and all parties who are or would have been by reason of said suits, causes, actions, matters, or process, hereby transferred, holden or required to appear in the said supreme court or court of chancery for the second circuit, where the said suits and causes are pending upon the taking effect of this act, shall be holden or required to appear before the said court of chancery, and supreme court respectively, as they may respectively have jurisdiction in such cases: Provided, That said supreme court for the first circuit shall have jurisdiction of any of said suits so transferred as aforesaid, in which the chancellor may be a party or in which he may have been concerned as counsel or solicitor, and such supreme court shall proceed to hear, try and determine the same as aforesaid.

Proviso.

Transfer of

Curses aris

ing in Mouro county.

Suits in

which the chancellor may be a party.

Sec. 2. And be it further enacted, That all causes, matters or things, either at law or in chancery, which have arisen or may arise in the county of Monroe, and cognizable in the supreme court in the state, shall be hereafter commenced, heard and determined according to law in the supreme court or court of chancery for the first circuit, as they respectively may have jurisdiction thereof, for which purposes only said county of Monroe is hereby attached to said first circuit.

Sec. 3. And be it further enacted, That all suits at law, certioraries and other proceedings, and also all suits and matters in chancery, in which the chancellor of the state may be a party or concerned as counsel, heretofore commenced or pending in the ate supreme court of the territory of Michigan, and still undetermined, shall be, and the same are hereby transferred to the su

preme court of the state for said first circuit, and all such chance

a

ses pending in sup, court transferred.

Duty of chancellor when interested.

ry cases commenced or pending in said late supreme court, and Chancery castill undetermined, as the said chancellor may not have been party in or been concerned as counsel, shall be, and the same are hereby transferred to the court of chancery for said first circuit, and said courts respectively shall have cognizance thereof, and shall proceed to hear, try and determine the same as if originally commenced in said court. And the better to give effect to the provisions of this section, it shall be the duty of the said chancellor, in all cases in which he may be interested, or was concerned as counsel as aforesaid, and which cases would otherwise be and remain before him for trial or disposition, to cause to be inserted upon the journal and records of his said court, the fact of his being interested therein, or of his having been of counsel as aforesaid, (as the case may be,) and thereupon to order the said suit, matter or cause to be transferred as aforesaid to said supreme court of said state for the said first circuit, at the next term thereof, together with a certificate of the fact aforesaid, whereupon said supreme court shall forthwith thereafter take cognizance thereof.

Approved February 11, 1837.

[No. XVIII.]

AN ACT to amend an act entitled "An act fixing the rate of toll for grinding," approved April 12, 1837.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That so much of the act to which this act is amendatory as entitles the owners or occupiers of all grist mills moved by wind, water or steam, to the one-eighth part Repeal.. of corn ground in said mills, be, and the same is hereby repealed.

Sec. 2. The owners or occupiers of such mills as are above specified in the preceding section of this act, shall hereafter be en- One-tenth altitled to take or receive for grinding the same, one-tenth part of infor all corn ground in said mills, and no more.

Approved February 16, 1837.

grinding.