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Norton.

Pinckney.

Sec. 2. All that part of township number eight north, of ranges number fifteen and sixteen west, within the county of Ottawa, which lies north of the centre of the channel of Grand river, and the south half of township nine north, of ranges fifteen and sixteen west, be and the same is hereby set off and organized into a separate township, by the name of Norton, and the first township meeting shall be held at the house of Amos Norton, in said township

Sec. 3. All that part of Calhoun county designated in the United States survey as town number one south, of range number four west, be and the same is hereby set off and organized into a separate township, by the name of Pinckney, and the first township meeting shall be held at the house of B. Burner in said

township. Bunker Hill. Sec. 4. All that part of the county of Ingham designated in the

United States survey as town number one north, of range number one east, be and the same is hereby set off and organized into a separate township, by the name of Bunker Hill, and the first township meeting shall be held at the house of David Fuller in

said township. White Oak. Sec. 5. All that part of the county of Ingham designated in

United States survey as town two north, of range number two east, be and the same is hereby set off and organized into a separate township, by the name of White Oak, and the first township meeting shall be held at the house of Daniel Dutcher in

said township. Camden. Sec, 6. All that part of the county of Hillsdale designated in

the United States survey as town number eight and fractional town number nine south, of range number four west, be and the saine is hereby set off and organized into a separate township, by the name of Camden, and the first township meeting shall be held at the house of Samuel S. Curtis in said township.

Sec. 7. All that part of the county of Kent designated by the United States survey as townships number five and six north, of range number eleven west, be and the same is hereby set off and organized into a separate township, by the name of Paris, and the first township meeting shall be held at the house of Hiram H. Allen, in said township.

Sec. 8. All that part of the county of Clinton designated by the United States survey as township number eight north, of, ranges

Paris.

Bingham.

number one and two west, and town number seven north, of ranges number one and two west, be and the same is hereby set off and organized into a township, by the name of Bingham, and the first township meeting shall be held at the house of Joseph Sevor in said township.

Sec. 9. All that part of the county of Clinton designated by the Westphalia. United States survey as town number six north, of range number four west, be and the same is hereby set off and organized into a a separate township, by the name of Westphalia, and that the first township [meeting] shall be held at the house of Anthony Cordus.

Sec. 10. All that part of the county of Shiawassee designated Part of town. by the United States survey as town number seven north, of Owasso atrange number four east, being a part of the township of Owasso, Vernon. be and the same is hereby set off and attached to the township of Vernon in said county.

Sec. 11. All that portion of the county of Eaton designated in Chester. the United States survey as townships number three and four north, of range five west, be and the same is hereby set off and organized into a separate township, by the name of Chester, and the first township meeting shall be held at the house of Harvey Williams in said township.

Sec. 12. That all that portion of the county of Eaton designated Walton. in the United States survey as township number one north, of range five west, be and the same is hereby set off and organized into a separate township, by the name of Walton, and the first township meeting shall be held at the house of Joseph Bosworth in said township

Sec. 13. That all that portion of the county of Calhoun desig- Bedford. nated in the United States survey as township number one south, of range number eight west, be and the same is hereby set off and organized into a separate township by the name of Bedford, and the first township meeting therein shall be held at the house of Josiah Gilbert in said township.

Sec. 14. That all that portion of the county of Kalamazoo de- Ross. signated in the United States survey as township one south, of range nine west, be and the same is hereby set off and organized into a separate township, by the name of Ross, and the first township meeting therein shall be held at the house of Frisdale D. Pierce in said township.

Carmel.

Sec. 15. That all that portion of the county of Eaton designated in the United States survey as township two north, of range five west, be and the same is hereby set off and organized into a separate township, by the name of Carmel, and that the first township meeting shall be held at the office of Benjamin Knights in said

township. Act take ef- Sec. 16. This act shall take effect and be in force on and after

the first day of April next.

Approved March 21, 1839.

fect.

In actions against join debtors, where process is not

against all, but execution a

son or pro

fendant not served.

[No. 26.] An Act to amend title second of the third part of the

revised statues. Section 1. Be it enacted by the Senate and House of Represennt tatives of the State of Michigan, In actions against two or more

o persons jointly indebted upon any joint obligation, contract, or Sersed nnt all, liability, if the process issued against all the defendants shall have be enteredo been duly served upon either of them, the defendant so served, shall büt execution answer to the plaintiff, and in such case, the judgment, if renderlevied on per- ed in favor of the plaintiff, shall be against all the defendants, and perty or de execution shall issue in the same manner as if all had been served

with process, but it shall not be lawful to serve any such execution upon the person, nor shall it be levied on the sole property of any defendant who was not served with the process by which the action was commenced, unless such defendant shall be made a party to such judgment by writ of scire facias, as hereinafter directed. But such execution may be collected of the property of any such defendant, owned by him as a partner with the other defendant or defendants taken in the co-partnership upon a claim against whom such judgment shall have been rendered.

Sec. 2. Upon every execution issued upon such judgment, the dorse such, clerk issuing the same shall endorse thereon the names of such of name on the defendants as were not served with process by which the

action was commenced, and shall direct such execution to be

served as provided in the preceding section. proceedingen Sec. 3. Where an action against two or more persons upon any like cases, in joint obligation, contract or liability, shall be commenced by the

thom. filing and service of a declaration, and it shall appear upon due

Clerk to en

execution.

The same

suits commenced by declaration.

may be made

proof by the return of a proper officer, or by the affidavit of a disinterested and credible person, that the same has been served personally upon either of such persons, the defendant or defendants so served, shall answer to the plaintiff; and the judgment in such action, if rendered in favor of the plaintiff, shall be against all the defendants in the same manner as if all had been served with such declaration ; which judgment shall have the like effect, and execution thereon shall be issued as if process against such defendants had been served on all of them in the manner provided in the first section of this act.

Sec. 4. Upon all such judgments, which may hereafter be Defendant obtained against joint debtors, where part only of the defendants party to judga named therein shall have been served with process, or with decla- facias. ration when the action shall have been commenced by filing and service of the same, the plaintiff therein may, by writ of scire facias, directed to the sheriff of the county where such defendant shall reside, and returnable to the office of the clerk of the county from which such writ issued, cause the defendants on whom such process or declaration had not been served, to be parties to the said judgment, unless such defendants show good and sufficient cause why judgment should not be entered against them. And the defendants made parties to the judgment as aforesaid, shall be subject to the same final process as though they had been duly served with mesne process or declaration, and thereupon appear and make defence, or suffer default.

Sec. 5. If two or more persons be bound jointly, or jointly and Process may severally, in any bond, writing or obligation, or other contract, against joint and the persons so bound shall reside or be in differeut counties, it ing in differshall be lawful for the clerk of the court, where suit is brought against the obligors or promisors at the request of the plaintiff, to issue process against the obligor, defendant, or promisors residing in another county, directed to the sheriff or other officer of the county where he may reside, returnable to the office of the county clerk from whence it issued.

Sec. 6. In all cases where a party may or shall have recovered judgment, in this state, either at law or in chancery, and who may be authorized thereon to sue out execution or other final process, county. it shall be competent to take out the same, directed to the sheriff of any county in this state; and all process as shall be thus sued

be issued

debtors resid

ent counties.

Executions may be di. rected to sheriff of any

out, to be sent into a county other than that in which the case
may be, or may have been pending, shall be executed and
returned by the sheriff or other proper officer of the county,
except that upon the arrest of a defendant upon a capias ad
satisfaciendum, he shall be imprisoned in the county where he
may reside. There shall never be more than one execution on
any judgment at the same time, but where the sheriff returns an
execution in the vacation between courts, after recording the
return of the sheriff, another execution may issue.

Sec. 7. This act shall take effect from and after its passage.
Approved March 21, 1839.

Ossowa.

[No. 27.] An Act to organize certain townships, and for other

purposes. Section 1. Be it enacted by the Senate and House of Repre. sentatives of the State of Michigan, That all that part of the county of Clinton, designated in the United States survey as townships number five and six north, of range number one west, be and the same is hereby set off and organized into a township, by the name of Ossowa, and the first township meeting therein shall be held at the house of John Hunter, at Round Lake, in

said township. Phelpstown. Sec. 2. All that part of the county of Ingham, designated by the

United States survey as township number four north, of ranges number one and two east, be and the same is hereby set off and organized into a township, by the name of Phelpstown, and the first township meeting shall be held at the house of David Phelps in said township.

Sec. 3. All that part of the county of Van Buren, designated by the United States survey as township number four south, of range number fifteen west, be and the same is hereby set off and organized into a township, by the name of Alpena, and the first township meeting shall be held at the house of Henry Coleman

in said township. Oshtemo. Sec. 4. All that part of the county of Kalamazoo, designated

Alpena.

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