[No. 46.]

AN ACT to legalize elections in Ottawa county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the elections held in the several townships in the county of Ottawa for county officers, on the first Monday and Tuesday of November, A. D. eighteen hundred and thirty-eight, shall be considered, and are hereby made as valid in law as if the returns had been duly made, and the votes canvassed according to the provisions of the revised statutes.

Approved April 10, 1839.

[No. 47.]

AN ACT to provide for the disposition of prisoners apprehended within the county of Shiawassee.

prisoned in

county.

Section 1. Be it enacted by the Senate and House of Representa- To be imtives of the State of Michigan, That whenever any person Oakland charged with the commission of any offence, or who may have been sentenced to suffer imprisonment upon conviction, shall be in custody of any proper officer of the county of Shiawassee, such officer shall forthwith convey the prisoner or prisoners in his custody as aforesaid to the sheriff or keeper of the Oakland county jail.

Oakland

prisoners.

Sec. 2. It shall be the duty of the sheriff or keeper of the Sheriff of prison of the said county of Oakland, on being presented with a to receive copy of the process or commitment of such prisoner, to receive such prisoner into his custody, and he shall be liable for any neglect of duty in relation to such prisoner or prisoners as in other cases, and shall be paid the fees and other expenses allowed by law out of the treasury of the county of Shiawassee aforesaid.

them to sher

wassee.

Sec. 3. Whenever any person charged with the commission of Re-deliver any offence, shall have been delivered for safe keeping as afore- iff of Shiasaid, such person shall be delivered to the sheriff or other proper officer of the county of Shiawassee: Provided, Such officer shall present to the sheriff or keeper of the prison an order from the

Act take effect.

court before whom such prisoner is to be tried, requesting such delivery.

Sec. 4. This act shall take effect from its passage and remain in force for the space of three years, unless sooner repealed. Approved April 10, 1839.

1

[No. 48.]

No person to

be imprison

founded on

contract.

AN ACT to abolish imprisonment for debt, and to punish fraudulent debtors.

Section 1. Be it enacted by the Senate and House of Representaed on process tives of the State of Michigan, That no person shall be arrested or imprisoned on any civil process issuing out of any court of law, or justices' court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.

Exceptions.

When and to whom plain

Sec. 2. The preceding section shall not extend to proceedings as for contempt to enforce civil remedies, nor to actions for fines and penalties, or on promises to marry, or for moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment.

Sec. 3. In all cases where, by the preceding provisions of this tiff may ap- act, a defendant cannot be arrested or imprisoned, it shall be lawful for the plaintiff who shall have commenced a suit against such against def't. defendant, or shall have obtained a judgment or decree against

ply in such cases for

warrant

When war

rant to be granted.

him in any court of record, or justices' court, to apply to any judge of the court in which suit is brought, or to any justice of the peace, before whom such suit has been commenced, or such judgment has been obtained, or the justice of the peace before whom such proceedings may have been transferred, for a warrant to arrest the defendant in such suit.

Sec. 4. No such warrant shall issue unless satisfactory evidence be adduced to such officer, by the affidavit of the plaintiff or of some other person or persons, that there is a debt or demand due to the plaintiff from the defendant, and specifying the nature and amount thereof, as near as may be, for which the defendant, accord

ing to the provisions of this act, cannot be arrested or imprisoned, and establishing one or more of the following particulars :

First. That the defendant is about to remove any of his property out of the jurisdiction of the court in which suit is brought, with intent to defraud his creditor or creditors: or

Second. That the defendant has property or rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjustly refuses to apply to the payment of such judgment or decrce which shall have been rendered against him: or

Third. That he has assigned, removed or disposed of or is about to dispose of any of his property, or rights in action, with the intent to defraud his creditor or creditors: or

Security to festo costs whom to be shall what it must

be given before warrant

directed;

set forth; to be accompa

nied with

Fourth. That the defendant fraudulently contracted the debt, or incurred the obligation respecting which suit is brought. Sec. 5. Upon such proof being made to the satisfaction of the officer to whom the application shall be addressed, and upon security being given to the satisfaction of said officer for the of said proceedings, by such complainant, the said officer issue a warrant in behalf of the people of this state, directed to any sheriff, constable or marshal within the county where such affidavit, &c. officer shall reside, therein briefly setting forth the complaint, and commanding the officer to whom the same shall be directed, to arrest the person named in such warrant and bring him before such officer without delay; which warrant shall be accompanied by a copy of all affidavits presented to such officer, upon which the warrant issued, which shall be certified by such officer, and shall be delivered to the defendant at the time of serving the warrant by the officer serving the same.

officer on

Sec. 6. The officer to whom such warrant shall be delivered Duty of shall execute the same, by arresting the person named therein and warrant. bringing him before the officer issuing such warrant, or in case of his absence or inability, to the nearest justice of the peace or magistrate having jurisdiction in the case, and shall keep him in custody, until he shall be duly discharged, or committed, as hereinafter provided.

may contro

which war

Sec. 7. On the appearance of the person so arrested, before Defendant an officer, as provided in the foregoing section, he may controvert vert facts on any of the facts and circumstances on which such warrant issued, rant was and may, at his option, verify his allegation by his own affidavit,

issued, &c.

Magistrate may compel

witnesses,

&c.

and in case of his so verifying the same, the complainant may examine such defendant on oath or affirmation, as the case may be, touching any fact or circumstance material to the inquiry, and the answers of the defendant on such examination shall be reduced to writing and subscribed by him, and the officer conducting such inquiry shall also receive such other proof as the parties may offer, either at the time of such first appearance, or at such other times as such hearing shall be adjourned to; and in case of such adjournment, such officer shall take a recognizance, with or without surety, at his discretion, from the defendant, for his appearance at the adjourned hearing.

Sec. 8. The justice of the peace or judge conducting such attendance of inquiry shall have the same authority to issue subpoenas for witnesses, and shall have the same power to enforce obedience to such subpoenas, and to punish witnesses refusing to testify, which is now conferred by law in civil cases, in the courts respectively, in which such proceeding originated, and witnesses wilfully disobeying such subpoena, shall be liable to the same penalties as are now prescribed by law in civil proceedings in the said respective

When defendant may be

prison.

courts.

Sec. 9. If such officer is satisfied that the allegations of the committed to complainant are substantiated, and that the defendant has done, or is about to do any one of the acts specified in the fourth section of this act, he shall, by a commitment under his hand, direct that such defendant be committed to the jail of the county in which such hearing shall be had, to be there detained until he shall be discharged according to law, and such defendant, shall be committed and detained accordingly.

Commitment

not to be granted in

certain cases.

Sec. 10. Such commitment shall not be granted if the defendant shall either,

First. Pay the debt or demand claimed, with the costs of the suit and proceedings against him; or

Second. Give security to the satisfaction of the officer before whom the hearing shall be had, that the debt or demand of the plaintiff, with interest, with the costs of the suit and proceedings aforesaid, shall be paid within three months, if the debt or damage shall not exceed twenty-five dollars; within six months, if such debt or damage shall be more than twenty-five dollars, and not exceeding fifty dollars; within nine months, if such debt or damage shall be more than fifty dollars, and not exceeding seventy-five dollars;

within twelve months, if such debt or damage shall be more than seventy-five dollars, and not exceeding one hundred dollars; and within fifteen months, if such debt or damage shall exceed one hundred dollars: or

Third. Enter into a bond to the complainant in a penalty not less than twice the amount of the debt or demand claimed, with such surety or sureties as shall be approved by such officer, conditioned that such defendant will, within thirty days, apply for an assignment of all his property and for a discharge, as provided in the fourth chapter of title seventh, part third, of the revised statutes, and diligently prosecute the same until he obtains such discharge: or

Fourth. If such defendant shall give a bond to such plaintiff, in the penalty and with the sureties above prescribed, conditioned that he will not remove any property, which he then has, out of the jurisdiction of the court in which such suit is brought, with the intent to defraud any of his creditors, and that he will not assign or dispose of any such property with such intent, or with a view to give a preference to any creditor for any debt antecedent to such assignment or disposition, until the demand of the plaintiff, with the costs, shall be satisfied, or until the expiration of three months after a final judgment shall be rendered in the suit brought for the recovery of such demand.

how defend

discharged

sonment.

Sec. 11. Any defendant committed as above provided, shall When and remain in custody in the same manner as other prisoners in cri- ante minal process, until a final judgment shall have been rendered in from imprihis favor, in the suit prosecuted by the creditor, at whose instance such defendant shall have been committed, or until he shall have assigned his property, and obtained his discharge agreeably to the provisions of either the second, third, or fourth chapters of title seventh, part third of the revised statutes; but such defendant may be discharged by the officer committing him, on such defendant paying the debt or demand claimed, or giving security for the payment thereof, as provided in the tenth section of this act, or on his executing either of the bonds mentioned in the said section.

chapter 2, title seven,

Sec. 12. The provisions of the second chapter of title seventh Provisions of of part third of the revised statutes, are hereby extended to part 3, revisand made applicable to any person committed as above provided, extended to who shall represent to the jailer the [that] he is unable to pay the s. p. 585.)

ed statutes,

prisoner. (R.