lows, viz: For the first fifty feet from the surface of said dock, including the fixing down, in a permanent and secure manner, upon the rock, the gum, or a cast iron pipe within said gum, the well to be four and a half inches in diameter, nineteen dollars per foot, or nine hundred and fifty dollars for the said fifty feet. For the second fifty feet, the well to be four and a half inches in diameter, seventeen dollars per foot, or eight hundred and fifty dollars for the said fifty feet. For the third fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said. fifty feet. For the fourth fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet. For the fifth fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet. For the sixth and last fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet; making the whole depth of the well three hundred feet, for the price or sum of five thousand dollars. And the said Douglass Houghton, state geologist, as aforesaid, covenants and agrees, for and in behalf of the state of Michigan, to and with the said Lucius Lyon, that the said state shall well and truly pay unto the said Lyon, the said sums hereinbefore mentioned, for the work and labor hereinbefore mentioned, as follows, viz: the said state shall pay the said sums - as hereinbefore mentioned, as fast as the said Lyon shall complete the said work, except the said Lyon shall not be entitled to demand the said sums or prices, except at the expiration or termination of each fifty feet; when the price of said fifty feet shall be paid except as hereinafter mentioned. And it is expressly understood and agreed, by and between the said Lyon and the said state, that fifteen per cent of the said price agreed to be paid, shall be retained by the said state until the full and entire completion of the said work hereinbefore mentioned, and agreed to be done by said Lyon, agreeably to the provisions of said law herein referred to. And it is further covenanted and agreed by and between the said parties hereto, That the said state, by their agents, shall have the right and privilege of annulling or determining this contract or agreement at any time after the said well shall have been sunk to the depth of one hundred and fifty feet; and in case of this contract being annulled or determined by the said state before the said well shall be sunk three hundred feet deep, the said state shall well and truly pay to said Lyon the entire of said price or sum, without any reservation for such portion of the said work as shall be completed, but for none other. And it is further covenanted and agreed by and between the said parties, That the said Lyon shall have the right to occupy the buildings now erected at said springs, and the use of the steam engine, and all tools in and about said premises, belonging to the state, with all the wood and coal prepared for and designed for use in making said well; and the said state further grants to said Lyon the right and privilege of cutting from land adjoining said springs belonging to said state, all wood necessary to be used in propelling said engine, or otherwise about said work. And it is further covenanted and agreed by and between the said parties, That the said Lyon shall, upon taking possession of said premises, execute and deliver unto said state geologist, as agent of the state, a receipt of the said steam engine and all property now on said premises belonging to said state, (except wood and coal now on hand;) and at the completion of said work or determination of this agreement, he shall render a true and faithful account for the same to the said state; but it is understood and agreed by and between the said parties, that the said Lyon shall not be liable to pay for any of said property used in conducting and carrying on said work, except as hereinafter mentioned. And it is further covenanted and agreed, That at the expiration of this agreement or completion of said work, the said Lyon shall and will yield and deliver up possession of said premises, buildings and steam engine, in good repair and condition; and shall well and truly deliver to the said state, all fixtures of every description erected by him, with all augurs, drills, screws, poles, and all implements used in boring the said well; and shall return all household furniture and blacksmith tools, received and receipted, in as good repair as when received, (the ordinary wear and tear being excepted.) And the said parties further covenant and agree, That the said state geologist, for the time being, shall, from time to time, make out and certify to the auditor general of said state, an estimate of said work at the completion of each fifty feet, the said estimate to be made upon the application of said Lyon to the said state geologist for such purposes. And the said Lyon further covenants and agrees to and with the said Douglass Houghton, as state geologist, agent for and in behalf of the said state, that he will forthwith commence the said work, and prosecute the same without intermission or unnecessary delay, day and night, until the same shall be fully completed, done and performed. And the said Lyon further covenants and agrees to and with the said Douglass Houghton, as state geologist, that he will well, truly and faithfully per form the several contracts, agreements and understandings herein before mentioned and set forth, on his part, and for the true and faithful performance of the same, he binds himself, his heirs, executors and administrators, firmly by these presents, to the said Douglass Houghton, state geologist, and his successors in office; and also in manner and form as mentioned and set forth in the bond hereunto annexed. This contract shall take effect from and after the same shall receive the assent of the governor of the state of Michigan. In witness whereof, the said parties to these present, have hereunto set their hands and seals, this fifteenth day of December, eighteen hundred and forty, the said state executing the same by Douglass Houghton, state geologist, their authorized agent, and the said Lucius Lyon executing the same in his own proper person. DOUGLASS HOUGHTON, [L. S.] LUCIUS LYON. Signed, sealed and delivered in presence of [L. S.] STEPHEN SNOW, Proposals for work at the state salt springs, on Tittabawassee river, Midland county. Sealed proposals will be received by the undersigned, at his office in Detroit, until the 12th day of December next, for the following work and materials, viz: for the furnishing and sinking of good cast iron tubes, not less than seven inches in diameter, from the bottom of the shaft upon the state salt lands above referred to, to the rock. Said proposals to state the estimate per running foot. Also for three hundred feet of rock boring; one hundred feet to be four and a half inches in diameter, and two hundred feet to be four inches in diameter. Said proposals to specify the rate of increase per fifty feet for the rock boring. The contractor to be furnished, until the completion of the contract, with the use of a dwelling house, blacksmith shop and tools, a supply of good wood (upon the ground) for the use of the steam engine, as also a steam engine in good order. The steam engine, &c., to be left in good repair upon the completion of the contract. Proposals to state the time at which the work will be commenced, and it is to be understood that the work when commenced is to be continued diligently day and night until completed. Payment will be made by the state treasurer in accordance with the provisions of an act approved March 31, 1840, which act directs that "a sum amounting to not less than fifteen per cent upon the work completed shall remain unpaid until the final completion of the contract," and also, "that before such contract shall take effect, it shall receive the assent of the goSatisfactory sureties will be required for the faithful performance of the contract. The undersigned reserves to himself the power to annul and determine the contract at any time after the rock boring may have exceeded one hundred and fifty feet. DOUGLASS HOUGHTON. Detroit, November 17, 1840. Proposals for work at the state salt springs, on Grand river, Kent county. Sealed proposals will be received by the undersigned, at his office in Detroit, until the 10th of December next, for the following work, viz: for three hundred feet of rock boring; one hundred feet to be four and a half inches in diameter, and two hundred feet to be four inches in diameter. Said proposals to include the entire costs of securing the gum already sunk upon the state lands, firmly upon the rock; or of tubing with good cast iron pipe, not less than seven inches in diameter, within said gum, at the option of the contractor. The proposals also to specify the rate of increase per fifty feet for the rock boring. The contractor to be furnished, until the completion of the contract with the use of a dwelling house, blacksmith shop and tools, a supply of good wood, (upon the ground) for the use of the steam engine, as also the steam engine, the latter (which is now "set up,") to be put in good repair by, and at the expense of the contractor, and to be left in good repair upon the completion of the contract. Proposals to state the time at which the work will be commenced, and it is to be understood that the work, when commenced, is to be continued diligently, day and night, until completed. Payment will be made by the state treasurer, in accordance with the provisions of an act approved March 31, 1840, which act directs that "a sum amounting to not less than fifteen per cent upon the work completed, shall remain unpaid until the final completion of the contract;" and also, "that before such contract shall take effect, it shall receive the assent of the governor." Satisfactory sureties will be required for the faithful performance of the contract. The undersigned reserves to himself the power to annul and determine the contract, at any time after the rock boring may have exceeded one hundred and fifty feet. DOUGLASS HOUGHTON, Detroit, November 17, 1840. [No. 6.] Annual report of the attorney general. OFFICE Detroit, January 11, 1841. To the legislature of the state of Michigan: The undersigned would respectfully report, that the principal business done in the office of the attorney general during the past year, has been the continuance of business heretofore commenced, the details of which have been submitted to the legislature in previous reports. A statement of the suits instituted the past year, is herewith communicated, together with abstracts of such of the reports of prosecuting attorneys as have, in obedience to a positive. statutory requirement, been transmitted to this office. The full reports of the attorneys for the counties of Wayne and Monroc, are also herewith presented, as embracing several suggestions for the action of the legislature. My annual communication has been delayed to a late period, with the hope that returns would be received from the remaining prosecuting attorneys. No reports, however, having reached me from those officers for the counties of Washtenaw, Lenawee, Hillsdale, Jackson, Oakland, Genesee, St. Clair, Kent, Calhoun, Berrien, Ingham and Livingston, no information can be given respecting the nature or amount of criminal proceedings had in those counties during the year. P. MOREY, Attorney General. Statement of the official business commenced and transacted at the office of the Attorney General, for the year 1840. Wayne Circuit. Robert Stuart, treasurer, vs. The president, directors and company of the Bank of Manhattan. Attachment. This suit was instituted to recover the bonus of ten thousand dollars, due from the Bank of Manhattan, under its charter. |