Chap. 1, title 3, part 2, sec. Sec. 14. Amend section five, chapter one, title three, part second, 5, amended. (R. S. page 271,) by inserting after the word "witnesses," in line six, the words ("if made within this state,") so that the section as amended shall read as follows: Section as amended. Chap. 3, title 5, part 2, sec. "Sec. 5. No will except such nuncupative wills as are mentioned in the following section, shall be effectual to pass any estate, whether real or personal, nor to change or in any way to effect the same, unless it be in writing and signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by three or more competent witnesses, (if made within this state,) and if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency, from whatever cause it may arise, shall not prevent the probate and allowance of the will, if it be otherwise satisfactorily proved." Sec. 15. Amend section thirteen, of chapter three, title five. 13, amended. part second, (R. S. page 325,) by striking out the words "one year," and inserting the words "two years." Sec. 16, same ch. amended. Amend also section sixteen, chapter three, title five, part second, (R. S. page 325,) by striking out in the first line, the words "one year," and inserting in lieu thereof, the words "two years." Amend also section seventeen, of the same chapter, and title ch. amended. and part, (R. S. page 325,) by striking out the words " one year," in the third line, and inserting in lieu thereof, the words "two years." Sec. 17, same Chap. 4, tille 7, part 3, Sec. 16. Chapter four, title seven, part third, (R. S. page 344,) amended by shall be amended by inserting at the end thereof two [one] new sections in the words following: adding new section. Wife of per son under "Sec. 20. The wife of any man who is under guardianship, guardianship may join with the guardian in making partition of her own real estate, held in joint tenancy or in common, and may jointly with ing partition the guardian, make release or other conveyance necessary may join with guar dian in mak of her own real estate. Chap. 1, title cond and vision of any or proper for that purpose, in like manner as she might have done with her husband, if he had been under no legal disability." Sec. 17. The second subdivision of section five, chapter one, 1, part 3, se title one, part third, (revised statutes, page three hundred and fiftythird subdi- eight,) shall be amended by striking out in the second line of said subdivision, the words" or provisions," and inserting in lieu thereof " on promises," and in the third subdivision of said section, strike out the word "division" and retain the word "decision," in sec. 5 amended. serted in brackets by the commissioners, so that said second and third subdivisions of said section as amended, shall read as follows: as amended. "Second. Presenting more distinctly the questions to be tried Subdivisions by the jury, particularly in some of the actions on promises, by a more full and precise statement in the declaration, or by a bill of particulars, and by a more definite statement of the ground of defence. "Third. Expediting the decision of causes." Amend also by striking out section eleven of said chapter. Sec. 18. Amend section twenty-one, chapter two, title one, part third, (revised statutes, page three hundred and sixty-four) by striking out in the first line, the word "and," and inserting in the same line, after the word "register," "and examiners," so that said section as amended, shall read as follows: Sec. 11 of same chap. struck out. part 3, sec. Ch. 2, title 1, 21, amended. section. "Sec. 21. The register, assistant register, and examiners in Amended chancery shall be appointed by the chancellor, and hold their offices during his pleasure." chap. amen Amend also section twenty-four of said chapter, by inserting Sec. 24, same after the word "property," in the second line, ("except suits be- ded." tween copartners, and suits for the foreclosure of mortgages ;") also by striking out in the last line, the word "complainant," and inserting "defendant" in lieu thereof, so that said section as amended, shall read as follows: ded. "Sec. 24. The court of chancery shall dismiss every suit con- Sec. as amencerning property, (except suits between copartners and suits for the foreclosure of mortgages,) where the matter in dispute shall not exceed one hundred dollars exclusive of costs, with costs to the defendant." ch. amended. Amend also section twenty-six of said chapter, by striking out Sec. 26, same in line two of said section, the word " permit,” and insert in lieu thereof, the word " prevent." ch. amended. Amend also section sixty-three of said chapter, by striking out Sec. 63, same in line two, the words "order of such service," and retain the words "service of such order," in line three, inserted by the commissioners in brackets, so that the said section as amended, shall read as follows: amended. "Sec. 63. If they shall not within that time appear and answer Sec. as or disclaim, the court, upon due proof of the service of such order, may cause their appearance to be entered, and in such case the Same chap. amended by answer of the deceased party shall be deemed the answer of such representatives." Amend the same chapter also, by adding at the end of the same adding two three [two] new sections, in the words following: new sections. Chancellor may appoint vacation. "Sec. 129. The chancellor shall have power to appoint receivers in receivers in all cases pending in chancery, where such appointment is allowed by law, as well in vacation as during the sessions of the court. Application therefor may "Sec. 130. Application for such appointment may be made to be made at the chancellor at chambers, and shall be heard under such regulations as he may by general or special rules prescribe." chambers. Act of Mar. 22d, '38, relative to appointment of The act entitled "An act to authorize the appointment of receivers in chancery in vacation," approved March twentyreceivers, re- second, eighteen hundred and thirty-eight, be and the same is pealed. hereby repealed. Chap. 3, title Sec. 19. Section nine of part third of title one of chapter three 1, part of the (revised statutes, page 382,) is hereby repealed, and the 3, sec. 9, repealed, and two new sections sub- following sections shall be substituted in its place: stituted. When cir "Sec. 9. If none of the circuit judges, or a judge of the supreme cuit court to court shall attend at any term of the circuit court by the hour of over for non- four of the clock on the second day of the term, and one of the be adjourned attendance of judges. When circuit judge of may hold court in another. associate judges shall also fail to attend by that time, the clerk of the court shall note the facts on the journal of the proceedings of the court, and all causes and matters pending in such court shall stand continued to the next term; but if one of the associate judges shall attend before the time last specified, he may, if he deem it proper, open the court and adjourn the same from day to day, not exceeding three days. "[Sec. 10.] In case any circuit judge, by reason of sickness or one circuit any other cause, shall be unable to attend any term or sitting of the circuit court, either of the other circuit judges may attend and preside at such term or sitting, and may exercise and perform all the duties and powers of the proper circuit judge; and the court so constituted shall possess and exercise all the powers and duties of the circuit court, to the same extent and in the same manner as if the proper circuit judges were present." of mortgages Foreclosure Sec. 20. That upon the foreclosure of mortgages in chancery, in chancery. it shall not be lawful for the chancellor to order or decree any lands to be sold at a period less than two years and three months from and after the filing the bill of foreclosure, excepting in cases of mortgages given to secure the purchase money of the premises mentioned in the mortgage, in which case no sale shall take place at a period less than one year and three months from the filing of the bill of foreclosure. 1, part 3, sec. Sec. 24, same ed. Sec. 21. The fourth section of part three, title one, chapter six, Chap. 6, title (revised statutes, page 410,) shall be amended by adding thereto 4, amended. the following proviso, viz: "Provided, That it shall not be necessary for the clerk to make judgment records of the proceedings in civil causes settled by the parties before final judgment.' Sec. 22. Amend section twenty-four, chapter six, title one, part chap. amendthird, (revised statutes, page 413,) by striking out the proviso to the same, so that said section as amended, shall read as follows: Sec. 24. There shall be appointed by the governor, by and Sec. as with the advice and consent of the senate, one or more masters in chancery in each of the organized counties of this state, who shall hold their offices for the term of three years, unless sooner removed by the governor." amended. chap. amend Sec. 23. Amend section thirteen, chapter six, title one, part Sec. 13, same third, (revised statutes, page 411,) by inserting in the second line ed. of said section, after the word "states," the words following: "or to any citizen or inhabitant of the state of Michigan ;" and also by inserting in the third line of the second division of said section, after the words "United States," the words " or elsewhere ;" and also by striking out the word "six," in the fourth line of the said second division of said section, and insert the word "three" in lieu thereof. 2, part 3, sec. Sec. 24. Amend section one of chapter one, title two, part third, Chap. 1, title (revised statutes, page 417) by striking out in line two, the words 1, amended. "this state," and insert in lieu thereof, the words " state of Michigan," so that said section as amended, shall read as follows: amended. "Sec. 1. All process from courts of record in this state, shall Sec. as run in the name of the people of the state of Michigan, bear test in the name of the chief justice, or presiding judge or justice, or of one of the associate justices or judges of the court from which the same shall issue, be sealed with the seal of the court, and signed by the clerk, and dated on the day on which the same shall issue." chap. amend Amend section nine of the same chapter, by inserting in the Sec. 9, same first line, after the word "court," the word "or," and after the ed. word "court," in the second line, the letter "s," so that said section as amended, shall read as follows: Sec. as amended. Chap. 3, title 2, part 3, sec. "Sec. 9. Original writs of summons, issuing from the supreme court or circuit courts, shall be served six days at least before the return day thereof, and original writs of capias ad respondendum., may be served on the return day thereof." Sec. 25. Amend section twenty, chapter three, title two, part 20, amended. third, (revised statutes, page four hundred and thirty) by retaining the words "interest of the," inserted in brackets in the second line by the commissioners. Chap. 4, title 2, part 3, Sec. 26. Amend chapter four, title two, part third, (revised amended by statutes, page four hundred and thirty-two) by inserting after new sect's. section eleven, in said chapter, four new sections, as follows: adding four Courts to have power ouths. "Sec. 12. The several courts created and established, or to administer hereafter to be created or established within this state, in addition to the powers which are or may be conferred on them respectively, shall have power to administer oaths to witnesses in any matter or cause pending in such court, and in all other cases where it may be necessary in the exercise of the powers and duties of such courts. When oaths or affidavits before judge court of re tice of peace. "Sec. 13. Whenever any oath or affidavit is or may be may be taken required or authorized by law, in any cause, matter or proceedor clerk of ing, except oaths to jurors and witnesses in the trial of a cause, cord, or jus- oaths of office, and such other oaths as are required by law to be taken before particular officers, the same may be taken before any justice, judge or clerk of any court of record or justice of the peace; and when certified by any such officer to have been taken before him, may be read and used in any court of law or equity or justice's court within this state, and before any officer, judicial, executive or administrative, before whom any such cause, matter or proceeding may be pending; and affidavits to be read in the ken by com- supreme court, or any of the circuit courts of the state, may appointed by be taken by said commissioner appointed for that purpose by the justices or judges of the respective courts. Affidavits may be ta missioners court. In matters pending in fore chancel also "Sec. 14. Such oaths, affidavits and depositions in any cause, chancery be- matter or proceeding in the court of chancery, may also be taken lor, register, before the chancellor, any master, register or assistant register of &c. that court, or before any commissioner appointed by that court for that purpose. When com'rs of internal imp❜nt, or other public "Sec. 15. Whenever applications shall be made to the board of commissioners of internal improvement, or any of them, or to officers, may any other public officer to do any act in an official capacity, and oaths. such board or officer shall require information or proof to enable administer |