Census.

mary school funds of said city, or for library purposes, and to expend the same according to law;

To make by-laws and ordinances for taking the census of the children of said city, for making reports, and all things that may be necessary to draw the proportion of the primary school fund belonging to said city; also for levying and collecting rate bills, for visitation of schools, and the length of time schools shall be taught, which shall not be less than six months in the year, for the employment and examination of teachers and their powers and duties, for the regulation of schools and the books to be used therein, for the appointment of necessary officers, and to prescribe their powers and duties, and for all necessary purposes that may advance the interests of education in said city, and the good government and prosperity of common schools Library and The common council of said city are authorized, on request school tax. of said board, to levy a tax, annually, on the real and personal

School house site

Proviso

Building tax.

property of said city, of a sum not exceeding one hundred dollars, to support a school library in said city; also, a tax not exceeding one dollar on each child in said city, between the ages of four and twenty years, for the support and maintenance of schools in said city, to be expended under the direction of said board; and the Commissioner of the Land Office is hereby authorized and directed, at any time within one year from the time this act shall take effect, upon application of such school board, to lease to it and its successors, for the term of nine hundred and ninety-nine years, for a school-house site whereon to locate the high school aforesaid, block eighty-one of the public square now belonging to the State, in said city, to be used for school purposes, and no other, at and for the annual rent of one dollar, to be paid yearly: Provided, That said high school building shall not be built within five years unless by consent of each ward, to be determined by a majority of the votes in each ward, at a regular city election, or a special election called for that purpose. The said board shall determine what sum may be necessary to erect, and, from time to time, keep in repair, the necessary buildings on said block, or other buildings used for school purposes in

board to or

said city, which sum, or such part thereof as they may deem necessary, the common council shall assess and levy on the real and personal property of said city, for such building purposes, to be collected as other school moneys, and applied by said board for building, as aforesaid. The school districts and their officers shall remain as they now exist in said city, until the said board are elected and qualified. The said board shall When the organize and commence on the second Monday of April, eighteen ganize. hundred and sixty-one, at which time the present school districts and their officers shall discontinue, and all papers, records, property, and rights of whatever kind, of the said school districts, shall pass to said board. In case of a vacancy in the Vacancies. office of a member of said board, the same shall be filled by appointment by the common council, of a person from the ward in which such vacancy exists, which appointment shall be till the next annual election, and until his successor is elected and qualified. All the provisions of the general laws of this State, General relative to common and union schools, shall apply and be in made appliforce in said city, except such as may be inconsistent with the provisions of this act, or with the by-laws and ordinances of the board of education made under this act.

school laws

cable.

fourth ward

Sec. 258. The fourth ward of said city shall elect two alder- Aldermen men at the charter election on the first Monday in April, eighteen hundred and sixty-one, one of whom shall be elected for one year, and the other for two years; and the said aldermen shall commence their term of office in the year eighteen hundred and sixty-one, immediately on being elected; and the common council shall appoint inspectors of election and a board of registration for the said fourth ward, and the place for holding the election for said election in April, eighteen hundred and sixty-one.

Sec. 15. This act shall take immediate effect.

Approved March 13, 1861.

[ No. 139. ]

AN ACT to prevent the adulteration of coal oils.

SECTION 1. The People of the State of Michigan enact, That Aduiterated if any person shall fraudulently adulterate, for the purpose of oil; penalty for making sale, any coal or kerosene oils, used for lights, in such manner as to render them dangerous for use, or any persons offering

- or selling.

such adulterated oils for sale, knowing them to be thus adulterated, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars.

Sec. 2. This act shall take immediate effect.

Approved March 13, 1861.

No. 140. ]

AN ACT relative to the interest on contracts between citizens of this State, and other States and countries, payable elsewhere than in this State.

SECTION 1. The People of the State of Michigan enact, That Rate of in- it shall be lawful for any person or corporation, borrowing notes, &c., money in this State, to make notes, bills, bonds, drafts, accepof this State. tances, mortgages, or other securities, for the payment of prin

terest on

payable out

Not usuri'us

if interest

cipal or interest, at the rates authorized by the laws of this State, payable at the place where the parties may agree, although the legal rate of interest in such place may be less than in this State; and such notes, bonds, bills, drafts, or other securities, shall not be regarded or held to be usurious, nor shall any securities taken for the same, or upon such loans, be invalidated in consequence of the rate of interest of the State, kingdom or country, where the paper is made payable, being less than in this State, nor of any usury or penal law therein.

Sec. 2. No plea of usury, nor defense founded upon an alledoes not ex- gation of usury, shall be sustained in any court in this State, rates autho nor shall any security be held invalid on an allegation of usury,

ceed the

rized by this

State where the rate of interest reserved, discounted or taken, does

not exceed that allowed by the laws of this State, in consequence of such security being payable in a State, kingdom or country, where such rate of interest is not allowed.

ing money may take in

thorized by

without ref.

law of place

ble

Sec. 3. It shall be lawful for all parties loaning money in Parties loanthis State, to take, reserve, or discount interest upon any note, terest aubond, bill, draft, acceptance, or other commercial paper, mort- this State gage, or other security, at any rate authorized by the laws of erence to this State, whether such paper or securities, for principal or where payainterest, be payable in this State, or in any other State, kingdom or country, without regard to the laws of any other State, kingdom or country; and all such notes, bonds, bills, drafts, or acceptances, or other commercial paper, mortgages or other secu rity, shall be held valid in this State, whether the parties to the same reside in this State or elsewhere.

loans paya. ble in other States not effected by the laws thereof

Sec. 4. When any contract or loan shall be made in this Interest on State, or between citizens of this State and any other State or country, bearing interest at any rate which was or shall be lawful according to any law of the State of Michigan, it shall and may be lawful to make the amount of principal and interest of such contract or loan payable in any other State or territory of the United States, or in England; and in all such cases, such contract or loan shall be deemed and considered as governed by the laws of the State of Michigan, and shall not be affected by the laws of the State or country where the same shall be made payable; and no contract or loan, which may have heretofore been made or entered into, in this State, or between citizens of this State and of any other country, bearing interest at a rate which was legal according to the laws of this State. at the time when the same was made or entered into, shall be invalidated or in anywise impaired or affected by reason of the same having been made payable in any other State or country. Approved March 13, 1861.

.Amended.

Keepers to

cause con

[ No. 141. ]

AN ACT to amend sections six thousand one hundred and thirty-eight and six thousand one hundred and forty, of the compiled laws, being sections ten and twelve, of chapter two hundred and one, providing for the employment of prisoners confined in the county jails.

SECTION 1. The People of the State of Michigan enact, That section six thousand one hundred and thirty-eight of the compiled laws, being section ten, of chapter two hundred and one, be so amended as to read as follows:

Sec. 6138. The keepers of the said prisoners shall respectivevicts to be ly have power, with the consent of the supervisors of the employed. county, from time to time, to cause such of the convicts under their charge as are capable of hard labor, to be employed upon any of the public avenues, streets or highways, or other works, in the county where such prisoner is confined, or in any of the adjoining counties, or in other work which said keepers can procure for the employment of such convicts, upon such terms as may be agreed upon between the said keepers and the officers or other persons under whose direction such convicts shall be placed.

Prisoners

sentenced to

be discharg

ing amount.

Sec. 2. That section six thousand one hundred and forty of the compiled laws, being section twelve, of chapter two hundred and one, be amended so as to read as follows:

Sec. 6140. Whenever any prisoner shall be sentenced to pay pay fine to a fine and costs, or either, and to be committed, and shall be ed on earn- employed at hard labor, pursuant to the foregoing provisions, he shall be allowed such sum as the said keepers may be able to obtain for the labor of such convicts, less the expense of their support; and when he shall have earned the amount of such fine and costs he shall be discharged.

Approved March 13, 1861.