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[ No. 9. ] AN ACT to compel the service of process by certain ministe

rial officers.

neglect to

duty

Section 1. The People of the State of Michigan enact, That Refusal or whenever any constable, marshal, deputy or assistant marshal, discharge coroner, sheriff or deputy sheriff, of any town, city, village or county, shall at any time willfully neglect or refuse to execute any lawful process of any court, or judicial officer having authority to issue the same, and which shall be duly issued, or whenever such officer shall, at any time, willfully neglect or refuse to discharge or execute any special duty imposed on any such officer by any provision of law, such officer shall be deemed guilty of a misdemeanor and shall be liable, on con- Penalty. viction thereof in any court of competent jurisdiction, to a fine of not less than twenty dollars ; and on a second conviction Second conhe shall be adjudged to have forfeited his office, and to pay a fine of not less than fifty dollars : Provided, That in all cases Proviso. where such process shall be sued (out] in the name of a party, other than the people of this State, it shall appear on the trial for such offense that the legal fees for serving such process have been tendered or paid to such officer.

Approved January 23, 1861,

viction.

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[ No. 10. ] AN ACT to extend the time for the collection of drain or ditch

tax, in the townships of Brownstown and Romulus, in the county of Wayne. Section 1. The People of the State of Michigan enact, That Time ex

tended. the time for the collection of so much of a drain or ditch tax assessed in the township of Brownstown, in the county of Wayne, for the year eighteen hundred and sixty, for paying the expenses of making such drain or ditch, as relates to sections nineteen, thirty and thirty-one, in township four south of range ten east, shall be and is hereby extended for one year, subject to the provisions of section three of this act. ·

a

treasuiers.

Time ex

Sec. 2. That the time for the collection of so much of a drain tended.

or ditch tax assessed in the township of Romulus, in the county of Wayne, for the year eighteen hundred and sixty, for paying the expenses of making a certain drain or ditch, called or known as "Hale Creek," shall be and is hereby extended for one year,

subject to the provisions of section three of this act. Daty of Sec. 3. It shall be the duty of the several collectors and

treasurers in the townships of Brownstown and Romulus, before the parties interested shall be entitled to the benefits of this act, to pay over all moneys collected during the lifetime of

their warrants, as now provided by law, and to renew their Bonds to be official bonds to the satisfaction of the treasurer of the county renen ed.

of Wayne.

[This act shall take effect immediately.)
Approved January 25, 1861.

[ No. 11. ] AN ACT to provide for the payment of members and officers

of the legislature, for the year eighteen hundred and sixty

one.

tion.

Compe08a tion if mem. bers.

Section 1. The People of the State of Michigan enact, That Appropria. there be appropriated out of any money in the treasury, to the

credit of the general fund, a sum not exceeding thirty-five thousand dollars, for the payment of the members and officers of the legislature.

Sec. 2. The compensation of the President and members of the Senate, and the Speaker and members of the House of Representatives, shall be three dollars per day each, for actual attendance, and when absent on account of sickuess, during the session of the legislature, and ten cents for every mile actually traveled in going to and returning from the place of meeting, on the usually traveled route ; and to the members of the Sen. ate and House of Representatives from the upper peninsula, two dollars per day additional each, for the first forty days during the session of the legislature. Each member of the Senate and House of Representatives shall be entitled to receive five dollars for stationery and newspapers. The compensation of the Secre- Oficers. tary, Engrossing and Enrolling Clerk, and Sergeant-at-Arms of the Senate, and their authorized assistants, and of the Clerk and Engrossing and Enrolling Clerk, and Sergeant-at Arms of the House of Representatives, and of their authorized assistants, and of the clerks employed with the consent of either the Senate or the House of Representatives, by any of the standing or special committees of either of said houses, shall be three do). lars per day each for actual attendance during the session: Provided, however, That the Secretary of the Senate, and the clerk of the House, sha!, in addition, receive the same compensation for actual travel in coming to and going from the place of meeting, as the members and other officers of the legislature. The compensation of the firemen of the Senate and of the House of Rep- Firemen. resentatives, and of their authorized assistants, and of the messengers of the Senate and House of Representatives, shall Messengers. be two dollars per day for actual attendance during the session. Sec. 3. Such sums as may be due, under the provisions of this Certificate

of dues, by act, to the Secretary of the Senate and Clerk of the House of whom siga'a Representatives, shall be certified by the presiding officer of the respective houses, and countersigned by the Auditor General; and such sums as may be due the President of the Senate and the Speaker of the House of Representatives, shall be certified by the secretary or clerk of the respective houses, and countersigned by the Auditor General ; and such sums as may be due the members and other officers of either house, shall be certified by the secretary or clerk, and countersigned by the presiding officers of the respective houses ; and the State Treasurer, Payment upon the presentation of any such certificate, countersigned as provided in this section, is hereby authorized and directed to pay the same.

Approved January 25, 1861.

thereof.

1

Time ex tended.

treasures.

[ No. 12. ] AN ACT to extend the time for the collection and return of

taxes in the township of Groveland, in the county of Oakland, and the township of Orleans, in the county of Ionia, in the year eighteen hundred and sixty.

Section 1. The People of the State of Michigan enact, That the time for the collection and return of taxes in the township of Groveland, in the county of Oakland, and the township of Orleans, in the county of Ionia, for the year eighteen hundred and sixty, be and the same is hereby extended to the second Non

day in March next. Authority of Sec. 2. The treasurers of said townships are authorized to

proceed and collect said taxes as fully as they might have done during the lifetime of their respective warrants, and make their returns on or before the second Monday of March aforesaid.

Sec. 3. It shall be the duty of said township treasurers, before they shall be entitled to the benefits of this act, to pay over all the moneys collected by them as such treasurers, as provided by law, and to renew their official bonds to the treasurers of

their respective counties. Unpaid tax. Sec. 4. A transcript of all unpaid taxes returned to the county

treasurer, in pursuance of the foregoing provisions, shall be
returned to the Auditor General as soon as practicable; and
such unpaid taxes shall be collected in the same manner, and
with interest computed from the same time, as other taxes for
the year eighteen hundred and sixty, duly returned to the Au-
ditor General.

Sec. 5. This act shall take immediate effect.
Approved February 2, 1861.

Renewal of bonds.

es, how collected,

ed.

neglect to

muitgage.

[ No. 13.) AN ACT to amend section forty-four, of chapter sixty-five, of

the revised statutes of one thousand eight hundred and forty-six, (compiled laws, vol. two, sec. two thousand seven hundred and sixty-three,) in relation to the discharge of mortgages.

Section 1. The People of the State of Michigan enact, That section forty-four, of chapter sixty five, of the revised statutes Act amenda of one thousand eight hundred and forty-six, be and the same is hereby amended so as to read as follows:

Sec. 44. If any mortgagee, or his personal representative or Refusal or assignee, as the case may be, after full performance of the con-vi-charge dition of the mortgage, whether before or after a breach thereof, or if the same be entirely due and payable, after a tender of the whole amount so due and payable thereon, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same as provided in this chapter, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to Penalty the mortgagor, his heirs or assigns, in the snm of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal, to the person who shall perform the condition of such mortgage, or make such tender to the mortgagee, his heirs or assigns, or to any one who may have an interest in the mortgaged premises, to be recovered in an action How recov. on the case, or be awarded by a court of equity, upon a bill filed to procure a discharge or a release of such mortgage, with double costs, in the discretion of the court.

Approved February 2, 1861.

therefur.

ered.

[ No. 14. ] AN ACT to amend “an act to provide for the construction of

train railways," approved February thirteenth, one thousand eight hundred and fifty-five, by adding two new sections thereto, to be numbered sections thirty-three and thirty-four.

Section 1. The People of the State of Michigan enact, That Act amendthe act entitle: "an act to provide for the construction of train

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