and expen

Sec. 41. The common council shall, in the month of March in each Annual year, make out a detailed statement of all the receipts and expendi- of receipts tures of the corporation for the past year, which statement shall state ditures. particularly upon what account all moneys were received, and it shall also specify all appropriations made by the common council during the year, and the particular purpose for which each appropriation was made. Such statement shall be signed by the mayor and recor- Where filed. der and be filed in the recorder's office; a copy thereof shall be published in a newspaper printed in said city for at least two weeks.

Transfer of

rights to

Sec. 42. All the rights of the corporation known as the common council of the village of Ann Arbor, in and to all personal and real village estate, rights, credits and effects whatsoever, is hereby declared to city. be fully and absolutely vested in the corporation created by this act, saving nevertheless to all and every person, his or their just rights therein; and to the end that all and singular the estates, rights and property aforesaid may be fully vested in the corporation of the city of Ann Arbor, every person who is or shall be possessed thereof, shall deliver the same to the mayor, recorder and aldermen, with all moneys, deeds, evidences of debt, property, books and papers, touching or concerning the same, when legally required thereto.


of Ann Ar

of bounda

Sec. 43. The township of Ann Arbor shall retain its present or- Present organization, subject to the alteration of boundaries herein made and of township provided, and the next annual township meeting for said township bor retained; subject shall be holden at the Washtenaw House; at which election there to alteration shall be chosen all such township officers as by law the several town-ries. ships are authorized to elect. The electors at such election may choose the judges and clerk thereof, and all the provisions of law relative to the adjournment of the place of holding such election shall apply to such meeting.

lation to

Ann Arbor

Sec. 44. All acts heretofore enacted in regard to the village of Ann Laws in reArbor, coming within the purview of this act, are hereby repealed: village of Provided, That the repealing of said acts shall not effect any act al- repealed. ready done, or any right acquired under, or proceeding had or commenced by virtue thereof; but the same shall remain as valid as if said acts remained in full force.

Sec. 45. This act shall be deemed a public act, and shall be favorably construed in all courts.


See. 46. The Legislature may at any time alter, amend or repeal this act.

Sec. 47. This act shall take effect and be in force from and after its passage.

Approved April 4, 1851.

Sec. 5 of act

No. 205 of

1848 amen


1.ands de

tales; how

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[ No. 102. ]

AN ACT to amend section five of an act entitled an act to amend an act to provide for the draining of swamps, marshes and other low lands, approved April third, eighteen hundred and forty-eight, and supplementary to said act.

Section 1. The People of the State of Michigan enact, That section five of an act entitled, an act to amend an act to provide for the draining of swamps, marshes and other low lands, approved April third, eighteen hundred and forty-eight, be amended by striking out all after the word "state," in the seventh line of said section; so that said section, when amended, shall read as follows:

"Sec. 5. Section nine is hereby amended by inserting after the word "taxes," in the eighth line, the words "but the Auditor General shall not be required to credit or pay to either of the counties any such tax returned to his office until the same shall have been actually paid into the office of the State Treasurer for such taxes, or for the sale of lands to individuals."

Sec. 2. All lands on which a tax has been levied by virtue of an ingent for act to provide for the draining of swamps, marshes and other low lands, approved March seventeenth, eighteen hundred and forty-seven, or the said act of April third, eighteen hundred and forty-eight, and which are or may be returned to the office of the Auditor General delinquent for such tax, shall be advertised and sold for such taxes, at the same time and in the same manner as lands delinquent for other taxes, except that no such lands shall be bid in for the State for any such tax, and excepting that the amount of such tax on each description of the lands so returned shall be stated and advertised in a line separate and distinct from all other taxes, and all such lands shall first be sold for the State, county, town, school and highway taxes, any; and in case any such lands are bid in for the State, for State.


County, township, school or highway taxes, they shall be sold for the taxes assessed under the provisions of the acts hereinbefore mentioned, subject to the payment of such State, county, town, school or highway taxes; and no deed of such lands shall be executed by the Auditor General for such ditch tax until such bid of the State and its lien thereon shall be fully satisfied. Any person who may bid in any land for such ditch tax which may have been sold to any other person or persons, or to the State, for any other taxes as above mentioned, shall have the right to redeem the same within the time allowed by law; and unless some other person having a right to redeem, shall, before the time of redemption would have expired, tender to the holder or owner of a certificate of sale for such ditch tax the amount which he may have paid on the redemption for other taxes as aforesaid, with the same interest as would have been payable to the Auditor General or State Treasurer up to the same date, then the person having so redeemed such lands from sale for such other taxes, his heirs or assigns, shall have and possess all the rights under and by virtue of such redemption as if the same had been originally purchased by him for such other taxes, and a deed thereof duly executed by the Auditor General; and all deeds duly executed by the Auditor General for lands sold for any such delinquent ditch taxes, shall be as valid and effectual to all intents and purposes as deeds on sale of lands for other taxes returned to the office of the Auditor General.

Bids for lands sold

for taxes;

Sec. 3. All bids made for any of the lands which may be sold for taxes assessed under the provisions of the acts aforesaid, may, be paid in warrants drawn under the provisions of said acts by the how pari. commissioners on the treasurer of said county in which the land sold is situated; and such warrants shall, if tendered, be received by the Auditor General or treasurer of the county in which they were drawn, in payment of any such tax that may be returned delinquent.

Sec. 4. To facilitate the payment of the bids and taxes aforesaid, the commissioners aforesaid may, on the application of the holder of Ibid. any warrant drawn by them or their predecessors, by virtue of said sot, approved March seventeenth, eighteen hundred and forty-seven, take up and cancel any such warrants, and issue other warrants to

Money not

to be paid

by county

treasurer on

certain warrants.

sioners to

the amount, in such sums as the holder of the warrant surrendered may desire.

Sec. 5. No money shall be paid by any county treasurer of any county in which a tax is assessed for the purpose of drainage, under the said act of March seventeenth, eighteen hundred and forty-seven, on any warrant drawn by the said commissioners, out of any other fund than that derived from such taxes; and no county treasurer shall be authorized or allowed to bid in for the county or State any lands sold or offered for sale for such taxes; but in case any such land shall be and remain unsold when first offered as aforesaid, and such tax shall remain unpaid, the county treasurer shall certify the same to the Auditor General; and the said treasurer shall at any time thereafter sell such land, subject as aforesaid, to any person who will pay the taxes assessed thereon, and the office charges, in the way and manner hereinbefore mentioned, or in cash, at the option of the purcha ser; and said treasurer shall issue his certificate of sale to such purchaser, and such certificate shall entitle the purchaser to a deed from the Auditor General for the lands so sold, from and after one year from the time they were first offered for sale by such county treasu rer, unless sooner redeemed.

Sec. 6. For the information of all persons concerned, the said commissioners shall make a full report in writing to the board of supervisors make report of the proper county, at the next annual session thereof, setting forth. supervisors. as near as practicable,


1. What proportion of the ditches or drains, for the construction of which a tax has been levied, are completed, and the amount paid therefor;

2. What proportion are under contract and not completed, and the amount to be paid therefor, and whether such contract or contracte are likely to be performed; also the proportion not yet under contract and the estimated cost of their construction; and whether there is sufficient amount of unexpended funds created by such tax to com plete the work;

3. What amount of such funds has been expended, and for what purposes, exhibiting the items of such expenditures as fully as may be practicable; and also what amount of warrants has been drawn by them against such fund; and shall also report all such other ma

ters in relation to the subject as they may deem necessary or said board of supervisors may require.

authority of


Sec. 7. The board of supervisors of the several counties in which Power and such commissioners have been appointed, shall have full power and board of su authority to control the action of such commissioners, and may make any order in relation to such ditches or drains, or other matters relating thereto, not inconsistent with the public interest or the rights. of individuals, which order shall be binding on such commissioners. The board of supervisors shall also have power and authority, for any cause by them deemed sufficient, to remove any or all of such commissioners and appoint others in their stead, with like powers and subject to the same liabilities, any law to the contrary notwithstanding: Provided, That nothing contained in this act shall be construed as to effect any contract, vested right or interest exisiting, made or created at any time previous to the passage of this act.

Sec. 8. This act shall take effect immediately.

Approved April 4, 1851.

[ No. 103. ]

AN ACT to amend section thirteen of chapter eighty-one of the revised statutes of eighteen hundred and forty-six, respecting chattel mortgages.

Sec. 13 of

Section 1. The People of the State of Michigan enact, That section thirteen of chapter eighty-one of the revised statutes of eight- chap. 81 een hundred and forty-six, be and the same is hereby amended so that said section shall read as follows:

R. of 1846 amended

When mort

gage shall


"Section 13. Every such mortgage shall cease to be valid, as against the creditors of the person making the same, or subsequent cease to be purchasers and mortgagees in good faith, after the expiration of one year from the filing of the same, or a copy thereof, unless within thirty days next preceding the expiration of the year, the mortgagee, his agent or attorney, shall make and annex to the instrument or copy on file as aforesaid, an affidavit, setting forth the interest which the mortgagee has, by virtue of said mortgage, in the property therein mentioned; upon which affidavit the township or city clerk shall endorse the time when the same was filed: Provided, That such affida- Proviso.

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