Commissioners to act on the determination of Board of Control. Application of this act. Provision to be put in every contract. l'ayment of expenses. Act repealed. Construction of this act. one hundred and seventeen, Session Laws eighteen hundred and fifty-nine, and acts amendatory thereto. (4014.) SEC. 12. All roads which the said Board of Control shall determine to lay out and establish under the provisions of this act, shall be laid out and established by the Board of Commissioners in the same manner as is provided for by act number one hundred and seventeen, Session Laws one thousand eight hundred and fifty-nine, and acts amendatory thereto, as far as the same is not inconsistent with the provisions of this act. (4015.) SEC. 13. The provisions of this act shall apply to all expenditures of State swamp lands for drainage or reclamation of State swamp lands in the Lower Peninsula authorized by existing laws, or hereafter to be made, the said Board of Control and Commissioners being vested with all powers in regard thereto which are now rested in the Swamp Land State Road Commissioner and Board of Control. (4016.) SEC. 14. Every contract made by said Board of Commissioners shall contain a provision, that no deficiency of swamp lands shall be so construed as to create any lien or establish any claim against the State, except as to the lands above appropriated. (4017.) SEC. 15. The expenses accruing under the provisions of this act shall be paid by the State Treasurer on the warrant of the Auditor General, out of any money in the Treasury belonging to the State swamp land fund, and if at any time the swamp land fund shall become exhausted, said expenses shall be paid out of the swamp land interest funds. (4018.) SEC. 16. Act number seventy-six of the Session Laws of eighteen hundred and sixty-seven, being an act to provide for the appointment of a Commissioner, to be known as the Swamp Land State Road Commissioner, be and the, same is hereby repealed. (4019.) SEC. 17. But nothing contained in this act shall be construed as authorizing the appropriation of any lands in the Upper Peninsula to aid in constructing roads in the Lower Peninsula, or in any way impairing the powers of the Swamp Land State Road Commissioner of the Upper Peninsula. SEC. 18. This act shall take immediate effect. CHAPTER CXLV. THE INTEREST OF THE STATE IN MINES AND MINERALS. An Act declaratory of the interests of the State of Michigan in mines and minerals. [Approved April 25, 1846. Laws of 1846, p. 92.] of people in. (4020.) SECTION 1. Be it enacted by the Senate and House of Sovereign rights Representatives of the State of Michigan, That the property in the following mines is fully vested in the People of the State of Michigan, in their right of sovereignty: First. All mines of gold and silver, or either of them, now discovered or hereafter to be discovered within the territorial limits of this State; Second. All mines or other metals or minerals discovered or to be discovered, which are connected with or shall be known to contain gold or silver in any proportion. forced against lands. (4021.) SEC. 2. The sovereign right of the People of Michigan Not to be ento the mines and minerals therein, as specified in the preceding citizens owning section, shall never be enforced against any citizen of the State in whom the fee of the soil containing any such mines and minerals now is or may hereafter become fully vested in his own right by a bona fide purchase from, through, or under the general or State government; but such mines and minerals shall remain the property of the citizens owning such lands, subject to the specific tax hereinafter provided: Provided, That this act shall not be con- Saving of exist strued to affect any right already acquired, or held by individuals, ing rights. Mineral lands reserved from sale. Tax upon ores. Proviso. How assessment shall be made. Commissioner of lands. from or under the permits or leases of the United States, whereever such leases shall prove to be upon lands now owned, or hereafter to become the property of the State. (4022.) SEC. 3. All lands known to contain mines or minerals, which now are, or may hereafter become the property of this State, shall be reserved from sale by the authorities thereof, until directed to be sold by and under such regulations as the Legislature shall hereafter prescribe. (4023.) SEC. 4. A specific tax of four per cent, to be in lieu of all other State taxes, shall be levied and collected upon all ores and the product of all mines within the limits of this State, whether the lands containing them have been sold to bona fide purchasers by the general government or not, which said tax shall in all cases be assessed thereon upon the average yield and value of such ores, after the same is smelted, if smelted within this State, but if not smelted within this State then said taxes shall be paid before such ores are removed from the premises where they are raised: Provided, That the specific tax upon the product of iron mines shall not exceed two per cent. (4024.) SEC. 5. Such assessment may hereafter be made upon a statement verified by the oath of the person having constant charge of the working of any mine, and of the yield and product thereof, setting forth the actual amount of such yield, and the product for the year next preceding; and if such tax be not paid when legally demanded, upon the aggregate amount of such statement, it shall be lawful to seize upon the ores and product of such mines in satisfaction of the same. SEC. 6. This act shall take effect and be in force from and after its passage. An Act to provide for the leasing of certain lands. (4025.) SECTION 1. Be it enacted by the Senate and House of to lease mineral Representatives of the State of Michigan, That the Commissioner of the State Land Office be and he is hereby authorized to lease, as hereinafter provided, any of the mineral lands reserved from sale by the provisions of section number three of act number seventyeight, approved April twenty-eight [twenty-five], eighteen hundred and forty-six. In what parcels. (4026.) SEC. 2. All that portion of said lands which is for the use of primary schools, the Commissioner may lease as hereinafter 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 Secretary 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 lessees on 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 examine lands. Lands leased not to be taxed. (4034.) SEC. 10. The Governor may, if he shall deem it necessary, 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. SEC. 12. This act shall take effect and be in force from and after its passage. |