keys, as is required to be observed in sections thirteen and fourteen of the preceding chapter." 2, part 3, sec. Also amend section three, of chapter [four,] title two, (revised Chap. 4, title statutes, page four hundred and thirty-two,) by striking out in the 3, amended. third line after the word "to," the words "and returning from," so that the section as amended will read as follows: amended. "Sec. 3. No person shall be obliged to attend as a witness Section as unless the fees are paid or tendered to him, which are allowed by law for one day's attendance as a witness, and for travelling to the place where he is required to attend." 2, part 1, sec. Sec. 3. Section six, chapter ten, title two, part first, (revised Chap. 10, title statutes, page twenty-five,) shall be amended by adding thereto 6, amended. as follows: "which election may be continued from day to day during such session of the legislature," so that said section as amended shall read as follows: amended. "Sec. 6. On the first Tuesday of February next before the Section as expiration of the time for which any senator was elected to represent this state in congress, if the legislature shall be then in session, and if not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the legislature, an election shall be held for a senator in congress, at the place where the legislature shall be then sitting, which election may be continued from day to day during such session of the legislature." chapter, Amend also section eight of the same chapter, by striking out Sec. 8, same the word "appointed," and inserting the words "deemed elected," amended. in lieu thereof, so that said section as amended shall read as follows: amended. "Sec. 8. Such election shall be made in the following manner: Section as the senate and house of representatives shall each openly nominate one person for the office of senator in congress, after which they shall immediately meet, and if they shall agree in their nomination [the person so nominated shall be deemed elected; if they shall disagree in such nomination] the election shall be made by a joint vote of the senators and members of the house of representatives, and a majority of the votes given upon such joint vote shall be necessary to a choice." 3, part 1, sec. Sec. 4. That the eleventh section of chapter one, title three, Chap. 1, title part first, (revised statutes, page twenty-nine,) be amended by ii, amended. striking out the word "treasury," in line five, and substituting Section as amended. Chap. 3, title 3, part 1, therefor the word "treasurer," included in brackets in the same line, and by inserting in line six, the word "he," between the words "statement" and "shall," and by inserting the words cause to," in the same line, between the words "shall" and "be," so that the said section as amended shall read as follows: 64 "Sec. 2. [11.] The treasurer shall make to the legislature, at its session in January in each year, and at such other times as he shall be required by either branch of the legislature, a true and exact statement of the balance in the treasury due the state; with a summary of the receipts and payments of the treasurer during the year preceding; which annual statement he shall cause to be attached to and published with the laws of the session at which the same shall have been made." Sec. 5. Amend chapter three, title three, part first, (revised amended by statutes, page forty-two,) by adding a new section at the end of section nineteen, in the words following: adding new section. Party may appeal from county commissioners. 66 Sec. 20. An appeal shall lie in all cases from the decision of decision of the county commissioners to the circuit court of the county. The party intending to appeal shall signify his intention of so doing, by serving a notice in writing upon the clerk of the board of county commissioners to that effect within five days from the time of making such decision." Sec. 48, same ch. amended. Section as amended. Chap. 1, title 4, part 1, Amend also section forty-eight of said chapter, by inserting after the word "hands," in line two, "at the expiration of the term for which such sheriffs were elected, or," so that said section as amended shall read as follows: 66 Sec. 48. Sheriffs and their deputies may execute all such process as may be in their hands at the expiration of the term for which such sheriffs were elected, or at the time of their removal from office; and in case of a vacancy in the office of sheriff, every deputy in office under him, having any writ or precept in his hands at the time such vacancy happened, shall have the same authority, and be under the same obligation to serve, execute and return such writ or precept, as if such sheriff had continued in office." Sec. 6. Amend chapter one, title four, part first, (revised statutes, amended by page sixty-seven,) by adding a new section at the end of section fifty-nine of said chapter, in the words following: adding new section. peace to enties of office on 4th July "Sec. 60. All justices of the peace elected, or hereafter to be Justices of elected under the above provisions, shall enter upon the duties of ter upon dutheir office on the fourth day of July next succeeding their election, and may take the oath of office and file the bond above required at any time before entering upon the duties of their office." following election. 6, part 1, adding two Sec. 7. There shall be added to the end of chapter four, title Chap. 4, title six, part first, (revised statutes, page one hundred and twenty- amended by seven,) two sections, to stand as section forty-five and forty-six, as new sections. follows: 66 When person wishing road have a jury mine the ne thereof, &c. Sec. 45. In case of the failure of twelve freeholders to appear at the time and place to be designated as provided in section six laid out may of said chapter, to determine upon the necessity of the road pro- to deterposed to be laid out, it shall be lawful for the person wishing to cessity have such road laid out, to apply to a justice of the peace of the same town to have a jury summoned to determine upon the necessity or expediency of such road; in which application such proposed road shall be described, and it shall be the duty of the magistrate to issue a venire, directed to the constable of the town, commanding him to summon twelve freeholders of the town or the adjoining town, to appear at his office on the day designated in such application and venire, which shall be served three days previous to the day appointed for their appearance, and on the appearance of such jury, at the time and place mentioned in such venire, they shall be sworn by such justice in the manner provided in said seventh section, after which they shall proceed to perform the duties prescribed in the eighth section of said chapter. It shall be the duty of such justice to give such jury a transcript of such application and his proceedings thereon, together with a statement of his and the justice's fees, which shall be delivered by the jury to the commissioners of highways, who shall lodge the same, together with a certificate of their acts, with the township clerk; and such costs and charges shall be paid by the town, except in cases where the decision is against the applicant. tice, consta "Sec. 46. The justice, constable and commissioners shall re- Fees of ju3ceive the same fees as are provided for by law for similar services, ble, &c. and the jurors provided for in the foregoing section, and the twelve freeholders mentioned in said seventh section of said chapter, shall receive one dollar per day for their services, to be paid by the applicant or town, as provided in the foregoing section." Chap. 1, title 6, part 1, sec. Sec. 8. Amend section seventeen, chapter one, title six, part 17, amended. first, (R. S. page 138,) by striking out all of said section after the word "pickle" in line three. Chap. 3, title 7, part 1, sec. Sec. 9. Amend section nineteen, chapter three, title seven, part 19, amended. first, (R. S. page 154,) by inserting the word, “eight,” in the next to the last line thereof, between the words "forty" and "pounds," and also by inserting the word "six," in the same line between the words "forty" and "pounds," so that said section as amended shall read as follows: Section as amended. Chap.13, title 9, part 1, sec. "Sec. 19. Whenever wheat, rye, Indian corn, or barley, or buckwheat, shall be sold by the bushel, and no special agreement as to the measure or weight thereof shall be made by the parties, the measure thereof shall be ascertained by weight, and shall be computed as follows: sixty pounds for a bushel of wheat; fiftysix pounds for a bushel of rye, or Indian corn; thirty-two pounds for a bushel of oats; forty-eight pounds for a bushel of barley, and forty-six pounds for a bushel of buckwheat." 66 Sec. 10. Amend section ten, chapter thirteen, title nine, part 10, amended. first, (R. S. page 222,) by striking out in the second and third lines the words " purporting to be receivable in payment of debts due to such company," and inserting after the word “demand,” in the fourth line, "at the banking-house where the same was issued," so that said section as amended shall read as follows: Section as amended. Chap. 3, title 10, part 1, amended by 66 Sec. 10. All bills, notes, or other instruments which shall be issued by any banking company, shall be deemed and taken to be promissory notes for the payment on demand at the bankinghouse where the same where issued, of the sum or value expressed in such instrument; and such sum shall be recovered by the holder or bearer of such instrument, in like manner as if the same were a promissory note.". Sec. 11. Add a new section at the end of chapter three, title adding new ten, part first, (R. S. page 232,) in the words following: section. Acts of incorporation hereafter passed may be altered or repealed at pleasure of legislature. Chap. 1, title 1, part 2, sec. 19, struck out, and new sec substituted. "Sec. 20. Every act of incorporation passed after this act shall take effect, shall at all times be subject to amendment, alteration or repeal, at the pleasure of the legislature: Provided, That no act of incorporation shall be repealed unless for some violation of its charter, or other default, when such charter shall contain an express provision limiting the duration of the same." Sec. 12. Amend chapter one, title one, part second, (R. S. page 260,) by striking out section nineteen, and inserting a new section in lieu thereof, as follows: "Sec. 19. No deed shall be proven in the manner before provided, nor shall be recorded as provided in this chapter, unless it has at least two subscribing witnesses thereto.” Two witnes ses to deed. 1, part 2, Sec. 13. Amend chapter two, title one, part second, (R. S. page Chap. 2, title 262,) by inserting three new scctions at the end of section thirty- amended by three, as follows: three new sections. executed out recorded. "Sec. 34. No register of deeds in this state shall record any When deed deed executed out of this state, unless there shall be attached of state to be thereto the official certificate of the proper certifying officer showing that the officer taking the acknowledgment of such deed is such officer as by his certificate of acknowledgment he purports to be, duly commissioned and qualified. may be disrecord on mortgagee, "Sec. 35. Any mortgage that has been registered or recorded, Mortgages or that may hereafter be recorded, shall also be discharged upon charged of the record thereof by the officer in whose custody it shall be, certificate of whenever there shall be presented to him a certificate signed by &c. the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as hereinbefore prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied and discharged. and proof recorded. "Sec. 36. Every such certificate, and the proof and acknow- Certificate ledgment thereof, shall be recorded at full length; and a reference thereof to be shall be made to the book and page containing such record in the minute of the discharge of such mortgage, made by the officer upon the record thereof." same chap. Section thirty-four, as it now stands in said chapter, shall be sec. 34 of amended by numbering it section thirty-seven, and by inserting amended. after the word "preceding," in line six, "thirty-third," and after the word "deed," in the same line, insert "or certificate," so that said section as amended shall read as follows: 66 amended. Sec. 37. If any mortgagee, or his executor, administrator or Section as assignee, as the case may be, after full performance of the condition, whether before or after the breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to make such a discharge as is mentioned in the thirty-third section, or to execute and acknowledge a deed or certificate of release of the mortgage he shall be liable for all damages occasioned by such neglect refusal, to be recovered in an action on the case." |