New sec. Sec. 16, same chap., amended. Sec. 19, same chap., amended. Sec. as amended. Chap. 3, title 4, part 3, sec. [Sec. 8.] The petition in the case last mentioned may be presented to the court when sitting in any county within this state where any portion of the land to be divided lies, without being previously filed in the clerk's office, and the summons or notice shall be made returnable to that court. Sec. 41. There shall be added to the end of the sixteenth scction, to compose part of said section, the following words: "And if the land to be divided lies in different counties, the court may, if it shall think fit, issue a separate warrant and appoint additional commissioners for each county in which such land may lie, and the partition in such case shall be made of the lands in each county in like manner as if there was no other estate to be divided." Sec. 42. The nineteenth section of said chapter shall be amended by inserting after the word "state," in the third line thereof, the words "or their attorneys," so that the section will read as follows: "[Sec. 19.] The commissioners shall give sufficient notice of the time and place appointed for making the partition to all persons interested therein who are known and within the state, or to their attorneys, that they may be present at the making thereof." Sec. 43. Amend section eight, chapter third, title fourth, part 8, amended. third, (R. S. p. 516) by striking out in line three the word "court," and retaining in lieu thereof, the word "county," inserted in brackets by the commissioners, so that said section as amended should read as follows: Sec. as amended. Chap. 5, title 4, part 3, sec. Same chap. amended by 66 [Sec. 8.] The writ may in all cases be issued in any circuit court in session, or by any judge thereof in vacation, to be served within the proper county, and when the writ shall be issued by a circuit judge, it may run into and be served in any county within his circuit." Sec. 44. Amend section two, chapter five, title four, part third, 2, amended. (R. S. p. 524) by adding to the end thereof the words following: "And the general issue shall be joined on the plea of not guilty." Amend the said chapter, also, by adding a new section at the adding new end thereof, to stand as section eleven, in the words following: [Sec. 11.] If the goods or chattels, which are replevied, had rights when been attached, they shall, in case of judgment for a return, be ed have been held liable to the attachment until final judgment in the suit in which they were attached, and for thirty days thereafter, in order section. Attaching creditor's goods attach replevied. to their being taken in execution; and if such final judgment shall be rendered before the return of the goods, or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for thirty days after the return, in order that the execution may be served thereon, or the service thereof completed in like manner as it might have been if the goods had not been replevied." Sec. 45. Amend section eleven, chapter seven, title four, part Chap. 7, title third, (R. S. page 533,) by adding at the end thereof as follows: 11, amended. "and each of the arbitrators is hereby authorized and empowered to administer all such oaths and take all such affidavits as shall be necessary in the exercise of their powers and duties;" so that said section as amended shall read as follows: 66 amended. [Sec. 11.] All the arbitrators shall meet and hear the parties, Section as but an award by a majority of them shall be valid, unless the concurrence of the whole be expressly required in the submission, and each of the arbitrators is hereby authorized and empowered to administer all such oaths and take all such affidavits as shall be necessary in the exercise of their powers and duties." 4, part 3, sec. Sec. 46. Amend section thirteen, chapter eight, title four, part Chap. 8, title third, (R. S. page 537,) by striking out in the next to the last 13, amended. line thereof the word "prescribed," inserted in brackets by the commissioners. 4, part 3, Sec. 47. Amend chapter nine, title four, part third, (revised Chap. 9, title statutes, page five hundred and forty-two,) by adding at the end amended by thereof a [two] new section, to stand as section thirty-six, [and new sections. thirty-seven,] in the following words: debts adding two ers to have lien on build ing for work done and materials furnished. "[Sec. 36.] Every building hereafter constructed or erected When buildwithin this state, shall be subject to the payment of the contracted for, or by reason of any work done or materials furnished by any person employed in doing such work or furnishing such materials for, or in the erection and construction of such building, in all cases where such building or any part thereof shall have been constructed under contract entered into by the owner thereof with any person to do work or furnish materials in or for the construction of the same: Provided, such lien shall not attach unless the contract is made in writing and signed by the owner of such building, or by some person duly authorized by him and recorded, as provided in the second section of this chapter." "[Sec. 37.] The lien created on any building by the preceding Proceedings section, shall be prosecuted and determined in the same manner thereon. as [near as] may be, as in cases where the contract is made with the owner of the land, as prescribed in the first section of this chapter; and the words "land" and "estate," as used in this chapter, may extend and be applied to buildings for the purpose of carrying into effect the provisions of the preceding section." Sec. 48. Amend section one, chapter two, title five, part third, 1, amended. (revised statutes, page five hundred and fifty-one,) by adding at the end thereof, as follows: " for each oath administered by him, six cents." Chap. 2, title 5, part 3, sec. Sec. 4, same ch. amended. Sec. 7, same ch. amended. Sec. 9, same ch. amended. Sec. 10, same ch. amended. Sec. 12, same ch. amended. Sec. 14, same ch. amended. Sec. 18, same ch. amended. Chap. 2, title 5,part 3, amended. Sec. 23, same Amend also section four of said chapter, (revised statutes, page five hundred and fifty-two,) by inserting after the word “cents” in line two, as follows: " and for administering every oath to a witness or party, six cents." Amend the same section also, (page five hundred and fifty-three,) by striking out in line thirty, the word "purchased," and retaining in lieu thereof the word " prepared," inserted in brackets by the commissioners. Amend also section seven of said chapter, (revised statutes, page five hundred and fifty-six,) by adding at the end thereof, as follows: "for administering every oath, six cents." Amend also section nine of said chapter, (revised statutes, page five hundred and fifty-nine,) by adding at the end thereof, as follows for administering every oath, six cents." Amend also section ten of said chapter, (revised statutes, page five hundred sixty-one,) by adding at the end thereof, as follows: "for administering every oath, six cents." Amend also section twelve of said chapter, (revised statutes, page five hundred sixty four,) by adding at the end thereof, as follows: " for administering every oath, six cents." Amend also section fourteen of said chapter, (revised statutes, page five hundred sixty-six,) by striking out of all after the word "vessel," in line seventeen, to the word "for" in line twenty, and by substituting in lieu thereof the words following: "three dollars." 66 Amend also section eighteen of said chapter, (revised statutes, page five hundred sixty-nine,) by striking out in line six the word managing,” and inserting in lieu thereof the word "marrying." Amend part three, title five, chapter two, page five hundred sixty-nine, by adding at the end of the justice's fee bill, the following: "the justice shall not tax the fees of more than two witnesses, to any one material fact, against the losing party.” Amend also section twenty-three of said chapter, (revised stach. amended. tutes, page five hundred seventy,) by adding at the end thereof, the words following: "and for serving in a justice's court, twentyfive cents for each cause he shall try." Amend also section twenty-four of said chapter, (revised sta-chamended. tutes, page five hundred and seventy,) by striking out in line seven, the words "seventy-five cents," and inserting in lieu thereof," the words "ten dollars." 6, part 3, sec. Sec. 49. Amend section eight, chapter one, title six, part third, Chap. 1, title (revised statutes, page five hundred and seventy-five,) by retaining 8, amended. in line two of said section, the words "the same," inserted in brackets by the commissioners. ch. amended. Amend also section eleven of said chapter, by striking out in sec. 11, same the first line thereof, the word "amendment," and inserting in lieu thereof, the word " commencement." 1, part 4, adding new section. trusted with ney, making thereof, misdemea Sec. 50. There shall be added at the end of chapter six, title Chap. 6, title one, (R. S. page 643, part four, a section to stand as the twenty- amended by fourth section, as follows: "Sec. 24. That every public officer of this state shall re- Officers enceive or be entrusted with the money or funds of the state, to be public mnokept or disbursed for or on account of the state, and who shall improper use expend or pay out such money or funds in any other manner or guilty of a for any other purpose than is or may be provided by law, or who uur. shall dispose of the money or funds of the state entrusted to him by exchange or loan, or for other money of less value, or for any other property for his private gain, shall be deemed guilty of a misdemeanor, and for each offence be punished, on conviction thereof, by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court." 2, part 4, sec. Sec. 51. Amend section thirteen, chapter four, title two, part Chap. 4, title four, (R. S. page 669,) by striking out in line six, the words " or 13, amended. the words against the peace." 2, part 4, Sec. 52. Amend chapter eight, title two, part fourth, (R. S. page Chap. 8, title 680,) by inserting a new section at the end thereof, in the words amended following: by adding new section. by fine or im "Sec. 15. When any punishment is prescribed by the revised Punishment statutes, to be by 'fine or imprisonment,' the court shall have prisonment. power in their discretion, to impose both such fine and imprisonment." ing imprison ment for debt Sec. 53. That the act entitled an act to abolish imprisonment Act abolishfor debt, and to punish fraudulent debtors, shall not be construed to extend to cases in attachment, so as to release the property attachment. not to extend to cases in Law requir ing att'y gen. atta ched and no property which has been or shall be attached for the payment of any debt or demand, shall be released by the officer attaching the same, unless the defendant in said process. by attachment shall give to the said officer a bond with sufficient surety in favor of the plaintiff in such attachment, or others claiming under such attachment, in double the amount of the debt or debts, demand or demands sworn to be due under the proceeding by such attachment, conditioned to abide the final judgment of the court or magistrate in such proceeding; and such bond so given, shall be immediately returned by such officer taking the same to the court or magistrate, before whom said process by attachment is pending. Sec. 54. That all acts and parts of acts which require that to reside at the attorney general shall reside at the seat of government, be and the same are hereby repealed. seat of gov. abolished. Approved April 20, 1839. Appropriations. Southern road. Central road. Clinton and canal. Northern road. St. Joseph's [No. 116.] AN ACT to provide for the further construction of certain works of internal improvement. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the following sums be and they are hereby specifically appropriated, to be taken from any moneys which shall hereafter come into the treasury of this state to the credit of the fund of internal improvement, for the improvement of the works herein mentioned, to wit: For the southern railroad, the sum of one hundred thousand dollars. For the central railroad, the sum of one hundred thousand dollars. For the Clinton and Kalamazoo canal, the sum of sixty thousand dollars. For the northern railroad, the sum of forty thousand dollars. For the improvement of the St. Joseph's river, twenty-five river: canal thousand dollars, to be expended as the commissioners of internal Grand river.. improvement may direct; also, twenty-five thousand dollars in at rapids of constructing a canal around the rapids at Grand river. |