Section 10 mended. Examina to be zmitted to before some circuit court commissioner for the same county; and he shall also, at the time of giving such notice, serve on the officer accused, a copy of such charges." That section ten of said chapter be amended by striking out the word "judge," whenever it occurs therein, and inserting instead thereof the word "commissioner;" so that said section as amended shall read : "Sec. 10. At the time and place therein specified in the notice, the sions made. commissioner before whom such inquiry shall be conducted, shall Governor. proceed to take the testimony of the witnesses produced before him by the prosecuting attorney and the officer accused, which witnesses shall be sworn by such commissioner; and every answer given by them to any question which either party shall require to be reduced to writing, shall be written by or under the direction of such commissioner; their testimony shall then be read to and subscribed by them, and shall be certified by the commissioner taking the same, and delivered to the prosecuting attorney, who shall transmit the same to the Governor." Section 12 azmended. to remove Co. clerk. That section twelve of said chapter be amended by striking out the words "and the county judge," in the first line, and the letter “s” in the word "judges," in the ninth line of said section; so that said section twelve as amended shall read : "Sec. 12. The judge of the circuit court and the circuit court Authority commissioner shall have authority in term time or vacation to remove the county clerk, when in their opinion he is incompetent to execute properly the duties of his office; or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if, in their opinion, such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said judge or commissioner, and notice of the hearing, with a copy of the charges, delivered Clerk may to such clerk, and a full opportunity given him to be heard in his defence." be heard in defence. Sec. 2. This act shall take effect immediately. Approved January 29, 1853. [ No. 20. J AN ACT to organize the county of Cheboygan. County of SECTION 1. The People of the State of Michigan enact, That the counties of Cheboygan and Wyandot shall be organized in one county, Cheboygan by the name of Cheboygan, and the inhabitants thereof entitled to all the rights, privileges, and immunities, to which by law the inhabitants of other organized counties are entitled. County off elected. Canvasa, Sec. 2. There shall be elected in the county of Cheboygan, on the first Tuesday of May next, all the several county officers to which cers, when by law the said county is entitled, and said election and the canvass shall, in all respects, be conducted and held in the manner prescribed by law for holding elections and canvasses for county and State officers: Provided, That the canvass shall be held at the village of Duncan, in said county, on the Monday next following said election, when held. and said county officers shall immediately be qualified, and enter upon the duties of their respective offices, and their several terms of office shall expire at the same time they would have expired had they been elected at the last general election: And provided further, That Proviso. until such county officers are elected and qualified, the proper officers of the county of Mackinac shall perform all the duties appertaining to the officers of said county of Cheboygan, in the same manner as though this act had not passed. Board of Sec. 3. The board of canvassers of said county, under this act, shall consist of the presiding inspector of each township therein, who canvassers. shall organize by appointing one of their number chairman, and another secretary of the board, and shall thereupon proceed to discharge all the duties of a board of county canvassers, as in ordinary cases of elections for county and State officers. Sec. 4. The county of Cheboygan shall have concurrent jurisdic- Concurrent tion upon Lake Huron, and Thunder and Saginaw Bays, with the jurisdiction. other counties contiguous thereto. of the town can. Sec. 5. All that part of the township of Cheboygan which lies Boundaries west of the middle of the main channel of Mullet Lake, and Cheboy. ship of Dungan River, and of a line extended due north from the mouth of said river to the north bounds of the county, shall be organized into a separate township, by the name of Duncan, and the first township meeting therein shall be held at the hotel in the village of Duncan. County seat. Counties attached to Sec. 6. The county seat of Cheboygan county is hereby fixed and established at the village of Duncan, on Cheboygan river, in said county. Sec. 7. The counties of Presque Isle, Alpena, Montmorency, OtCheboygan sego, Crawford, Oscoda, Alcona, Iosco, Ogemaw, and Roscommon, purposes. are hereby attached to the county of Cheboygan for judicial and municipal purposes. for certain Sec. 8. This act shall take effect immediately. Sec. 5, chap. 50, R. S. [No. 21. ] AN ACT to amend section five, chapter fifty of the revised statutes of 1846, relative to unauthorized banking, &c. SECTION 1. The People of the State of Michigan enact, That 1846 amend- section five of chapter fifty of the revised statutes of 1846, entitled "of unauthorized banking, and certain notes or evidences of debt issued by banks," be amended to read as follows: ed. 388uing bills, &c., to circulate as money, without express &uthority. "Sec. 5. No person, association, or body corporate, whether pubPenalty for lic or private, except such bodies corporate as are or shall be expressly authorized by law to do a regular banking business, and to issue bank bills, shall issue any bills, notes, due bills, drafts or other evidences of debt, in the similitude of bank bills, or to be loaned or put in circulation as money, or to pass or to be used as a currency or circulating medium; and every person, and every member of such corporation, who shall violate the provisions of this section, shall be punished by imprisonment in the State prison not more than (3) three years, or in the county jail not more than one year; or by fine not exceeding one thousand dollars, or both, in the discretion of the court; and any such corporation shall thereby forfeit all its corporate rights and privileges." Sec. 2. There shall be added to said chapter fifty, two new sections, as follows: "Sec. 8. No person, association or corporation authorized by law Penalty for to do a regular banking business, shall issue any certificate of deposite or post note, in the similitude of a bank bill, or to be loaned or put in circulation as money, or to pass or be used as a currency or circu issuing post Rotes, &c. ག lating medium; and every person, and every member of such corporation, who shall violate the provisions of this section, shall be punished by imprisonment in the State prison not more than three years, or in the county jail not more than one year, or by fine not exceeding one thousand dollars, or both, in the discretion of the court." "Sec. 9. It shall be the duty of the prosecuting attorney of each Duty of prosecuting county to prosecute every violation of the provisions of said chapter, attorney. which may occur within his county; and if in any case, after due notice or knowledge thereof, he neglect so to do, he shall forfeit the sum of five hundred dollars, to be recovered with costs in an action of debt by any person who may sue therefor.” Approved January 29, 1853. [ No. 22. ] AN ACT to provide for filing certain reports in the Auditor General's Office, and for other purposes. Certain re filed in Au SECTION 1. The People of the State of Michigan enact, That all reports of the amount of capital stock of incorporated bodies paying ports to be specific taxes, hereafter received by any State officer, shall be placed dior Generon file in the Auditor General's office within one week after their receipt. al's office. Duty of Au al. Sec. 2. The Auditor General is authorized and required, upon the receipt of such copies, to estimate and charge upon the books of his ditor Generoffice, the amount of specific tax due from the company making such report; and in case any company shall neglect or refuse to pay the tax required by its charter, within twenty days after the same is due, it shall be the duty of the Auditor General to issue his warrant to the sheriff of the county in which such company is located, commanding him to forthwith levy the same, together with ten per cent for his fees, by distress and sale of any of the property of said company, wherever the same may be found within his county, and to pay over the same, reserving his fees, to the State treasury, within ten days after the same is collected. Duty of she Sec. 3. The sheriff shall give public notice of the time and place of sale, and of the property to be sold, at least ten days previous to riff. Ibid. Relative to corporation make re port. the sale, by advertisement, to be posted up in three public places in the township, city or village where such sale is made, and the sale shall be by public auction. Sec. 4. If the property so distrained cannot be sold for want of bidders, or if the property of the company is insufficient to pay the tax, the sheriff shall forthwith return a statement of the same to the Auditor General; and if the company shall still neglect or refuse to pay such tax within thirty days, if the place of business of such company be in the Lower Peninsula, if in the Upper Peninsula, then within sixty days after such return, it shall be deemed a forfeiture of all its chartered privileges. Sec. 5. In case any corporation fails to make the report contemfailing to plated in the first section of this act, it shall be the duty of the Auditor General, and he is hereby required, to ascertain the amount of the specific tax of any such corporation, as appears from their last report, and to issue his warrant as provided in the preceding sections, and for double the amount of such tax. Approved January 29, 1853. Section 24, 8. 1846 amended. [ No. 23. ] AN ACT to amend section twenty-four of chapter sixteen of the revised statutes of eighteen hundred and forty-six, entitled "of the powers and duties of townships, and election and the duties of township officers." SECTION 1. The People of the State of Michigan enact, That secchap. 16, R. tion twenty-four of chapter sixteen of the revised statutes of eighteen hundred and forty-six, entitled "of the powers and duties of townships, and election and duties of township officers," be amended so as to read as follows: Special township meetings to fill vacancies; how held. "Sec. 24. Special township meetings may be held for the purpose of choosing officers to fill any vacancy that may occur, if the township board shall deem it expedient, and make their order therefor; and in case the said township board become disorganized, or reduced below the number of a quorum, as provided by law, by or through the death or removal of the officers composing the same, or from any other cause, then such special township meeting may be called and |