provided, in quantities not less than forty acres, unless it be a frac- auction. (4027.) SEC. 3. Before said primary school lands can be leased To be offered at upon private application, they shall first be exposed to lease at public auction to the highest bidder, as hereinafter provided. (4028.) SEC. 4. The said Commissioner shall give thirty days' notice Notice of auction of the time when and place where said lands will be exposed to lease at auction as aforesaid, with the description, township, range, and region of country where said lands are located; which notice shall be published at least once in each week in the State paper at Detroit, and in one or more county papers. be leased. (4029.) SEC. 5. The consideration of such leases shall not be less At what rate to than four per cent upon the average yield and value of all minerals which shall be taken from the lands so leased, and such further annual rent to be paid in money, annually in advance, the first payment of which shall be on the delivery of said lease, as the Commissioner shall be able in manner aforesaid to lease them for. (4030.) SEC. 6. All lands located by the State for internal improve- Lands heretofore ment purposes, under the grant of five hundred thousand acres by tary of War, Congress to this State, which may be under lease from the Secre- same lessees on tary of War of the United States at the time of said location, may be leased by the said Commissioner to the same lessees or their assigns, and on the same terms of their leases from the said Secretary of War; the said lessees relinquishing all pretension of claim under said United States leases. leased by Secre may be let to same terms. leased to others. (4031.) SEC. 7. If any of said lessees or their assigns shall refuse when may be or neglect to obtain said lease from said Commissioner, after full opportunity to do so, or public notice to that effect, then and in such case, the said Commissioner may lease the same to any person or persons in the way and manner herein before provided for the leasing of primary school lands. lands to be (4032.) SEc. 8. All locations of said lands made by the State for Certain other internal improvement purposes as aforesaid, and not under lease by leased. the Secretary of War at the time of said location, may be leased by the Commissioner in the way and manner hereinbefore provided for the leasing of primary school lands. leased on private (4033.) SEC. 9. After any of the lands mentioned in this act shall when may be have been exposed to lease at auction, if not leased, the Commis- application. sioner may then lease them upon private application, for such consideration as is set forth in the fifth section of this act. Agent may be appointed to (4034.) SEC. 10. The Governor may, if he shall deem it necessary, examine lands. appoint an agent to examine the lands described herein, before leasing the same, with such compensation as he may deem advisable. (4035.) SEC. 11. All lands leased under the provisions of this act shall not be subject to any other taxes than those specified in said act. Lands leased not to be taxed. SEC. 12. This act shall take effect and be in force from and after its passage. (4001.) Resolved by the Senate and House of Representatives of the State of Michigan, That the swamp lands appropriated by any law for the construction of roads in the Upper Peninsula of Michgan be and the same hereby are authorized to be used in the construction of road-beds for a tram, train, or rail road over the same route for which such grants were originally intended: Provided, That such tram, train, or rail road shall be as well ditched, and the lands through which the same runs be equally as well drained, as required in building the road for which such appropriations were originally made. An Act to provide for the resale of certain swamp lands, sold under section eight of act number thirty-one of the Session Laws of eighteen hundred and fifty-eight, being section number two of act number one hundred and six of the Session Laws of eighteen hundred and fifty-nine. [Approved April 15, 1871. Laws of 1871, p. 234.] may resell cer five years. (4002.) SECTION 1. The People of the State of Michigan enact, Commissioner That any swamp land for which certificates of purchase have tain lands after been issued, under and by virtue of the provisions of section eight of act number thirty-one of the Session Laws of eighteen hundred and fifty-eight, or section number two of act number one hundred. and six of the Session Laws of eighteen hundred and fifty-nine, from and after the expiration of five years from the date of such certificate, may be resold by the Commissioner of the State Land Office, the same as other lands are now sold: Provided, It shall Proviso. appear from the affidavit of the supervisor, or two responsible citizens of the township in which such lands are situated, that neither the purchaser or his assigns have settled and become permanent residents on said land, and that said purchaser has made no valuable improvement thereon. An Act to create a Board of State Swamp Land Commissioners, and to repeal act number seventy-six of the Session Laws of eighteen hundred and sixty-seven.1 [Approved April 17, 1871. Laws of 1871, p. 293.] (4003.) SECTION 1. The People of the State of Michigan enact, Appointment. That the Governor shall appoint two Commissioners, who shall be denominated "The Board of State Swamp Land Road Commission- Name of Board. ers." They shall hold their office for two years, unless removed Term of office, by the Governor, and shall receive a salary at the rate of one thou- salary, cierk, etc. 1 See Act 135, Laws of 1865, p. 243, superseded by this act though not directly repealed. Location of office. How clerk employed. Records, etc. Oath of office and bond. Removal from office. Governor to fill vacancies. Majority may act. Annual report. sand dollars per annum each, which shall be in full for all services except reasonable expenses, and one clerk, stationery for the office, and necessary printing. (4004.) SEC. 2. The office of the Commissioners shall be kept in that of the Commissioner of the State Land Office, who is hereby required to furnish to said Commissioners the necessary room for the transaction of the business of their office. (4005.) SEC. 3. The said Commissioners are hereby authorized, if necessary, to employ a clerk on the terms and conditions now prescribed for the employment of clerks in the State Land Office. (4006.) SEC. 4. The said Commissioners shall provide suitable books of account and records, in which shall be kept the accounts of the said Commissioners with all contractors, a complete record of the transactions of said Commissioners under the provisions of this act, and shall properly care for all contracts, profiles, diagrams, surveys, letters, requests, applications, letters and memorandums of information relating to the construction of any or all State swamp roads. (4007.) SEC. 5. The said Commissioners shall, before entering upon the duties of their offices, take the oath prescribed by the Constitution, and file said oath, together with a bond in the sum of two thousand dollars, in the office of the Secretary of State, which bond shall be approved by the Board of State Auditors, and shall be signed by not less than two sureties, and shall be conditioned for the faithful discharge of the duties of such office by the said Commissioners. (4008.) SEC. 6. Whenever it shall be made to appear to the Governor of the State of Michigan that the said Commissioners, or either of them, have failed to properly and faithfully discharge the duties of their office, he shall remove them, or either of them, as the case may be. (4009.) SEC. 7. In case any of the above named Commissioners shall fail to qualify by July first, eighteen hundred and seventyone, or if at any time a vacancy shall occur, the Governor shall fill the said Board by appointment, filed in the office of the Secretary of State. (4010.) SEC. S. A majority of said Board shall have power to perform any duties devolving upon the Board under the provisions of this act. (4011.) SEC. 9. The said Board shall report to the Governor of the State, on or before December first of each year, which report |