Defendant

may present

insolvent

chapt's 3 and

3, revised sta

p. 592, 599.)

debt or damage claimed in the suit prosecuted by the creditor, at whose instance such defendant shall have been committed, and is desirous to take the benefit of the provisions of the said chapter.

Sec. 13. Any person committed as above provided, or who petition as shall have given the bond specified in the third subdivision of the debtor, under tenth section of this act, or against whom any suit shall have been 4, title 7, part commenced in a court of record or justices' court in which such tues. (R. S. person, by the provisions of this act, cannot be arrested or imprisoned, may present a petition to either of the officers mentioned in the sixth section of chapter third of title seventh of part third of the revised statutes, praying that his property may be assigned, and that he may have the benefit of the provisions of the third or fourth chapters of title seventh, part third of the revised statutes, as the case may be.

Proceedings thereon.

Fees to officers, &c.

When to be

paid by complainant.

How persons imprisoned

takes effect,

themselves of.

its provi

sions.

Sec. 14. On presenting such petition, the same proceedings shall be had thereon as is provided respectively by the said chapters third and fourth of title seventh, part third of the revised statutes, and with the like effect, so far as the same are not inconsistent with the provisions of this act.

Sec. 15. The fees and compensation of all officers and witnesses performing duties under this act, shall be the same as are or may be provided by law in criminal cases.

Sec. 16. Whenever any complaint shall be made under the third, fourth, and fifth sections of this act, and the same shall be dismissed, the party making the same may be liable for all the fees to officers, and for all legal costs and expenses which the defendant shall have incurred.

Sec. 17. Every person imprisoned on civil process, at the time of this act taking effect as a law, in any case where by the preto avail ceding provisions of this act such person shall not be arrested or imprisoned, may at any time after the taking effect of this act, give the plaintiff, his agent or attorney, ten days notice of the existence of this act, which notice the jailer shall cause to be served, if the plaintiff, his agent or attorney be within the county in which the defendant is imprisoned, and if not, then by publication in the nearest public newspaper, which publication shall be taken and considered to be full notice to such creditor; and unless the creditor at whose suit such person shall be imprisoned, shall within the time aforesaid, make application and complaint to some judge of the court, or to the justice of the peace, as the case may

be, in which or before whom such suit was brought, as specified in the third and fourth sections of this act, and upon such application being made, if a warrant is not issued as herein provided, such imprisoned person shall be entitled to be discharged from such imprisonment; and if such warrant be granted, the same proceedings shail be had thereon, as hereinbefore provided, and the removal of the defendant from any jail in which he may be imprisoned, by any warrant in such proceedings, shall not be deemed an escape.

nefit of insol- `

vent laws.

Sec. 18. Every person imprisoned and detained by virtue of To have bethe last preceding section, may have the benefit of the several insolvent laws of this state, as provided respectively by chapters second, third and fourth of title seventh of part third of the revised statutes, by complying with the several provisions of said chapters second, third and fourth of title seventh of part third of the revised statutes, as the case may be.

from execu

Sec. 19. Whenever in this act, the removal, concealment, or Act not to apply to prodisposal of any property is declared to be the ground of any com- perty exempt plaint or proceeding, and where any bond is required in reference tion. to such concealment, removal or disposal, the same shall not be deemed to apply to any property which shall be expressly exempted by statute from levy and sale under execution.

Amount to

on forfeited

bond given

under act.

Sec. 20. Whenever a bond given under the tenth section of be recovered this act shall become forfeited by the non-performance of the condition thereof, the plaintiff shall be entitled to recover thereon the amount due to him, on the judgment obtained in the original suit instituted against the defendant giving such bond.

secreting or

property to

ditors.

Sec. 21. Any person who shall remove any of his property out Removing, of any county with intent to prevent the same from being levied conveying upon by an execution, or who shall secrete, assign, convey or defraud creotherwise dispose of any of his property, with intent to defraud any creditor, or to prevent such property from being made liable for the payment of his debts, and any person who shall receive such property, with such intent, shall, on conviction, be deemed guilty of a misdemeanor.

tion thereof,

appoint as

Sec. 22. Whenever any person, who shall remove any of his on convicproperty out of any county, with intent to prevent the same from court to being levied upon by any execution, or who shall secrete, assign, convey or otherwise dispose of any of his property, with intent to

signee to take

charge of estate, &c.

Duty of officers in case of misdemeano. or

perjury.

Not excused from an

in equity, or

defraud any creditor, or to prevent such property from being made liable for the payment of his debts, shall have been convicted of a misdemeanor, under the last preceding section of this act, the court shall appoint an assignee to take charge of the estate of such person for the benefit of his creditors, and such appointment shall vest in such assignee all the property of such person so convicted as is provided by the twenty-third section of chapter third of title seventh of part third of the revised statutes: Provided, Such person shall not previously thereto, have availed himself of the provisions of the twelfth, thirteenth, or fourteenth sections of this act; and if the said assignee shall suspect that the person so convicted has concealed about his person or otherwise, money or evidences of debt, upon making oath or affirmation of the same before any judge of the circuit court of the county where such person shall be so convicted, and on such judge being satisfied that such suspicions are well founded, he may have a warrant, authorizing and commanding any sheriff or constable to search the person of such defendant, and any place occupied by him, or any trunk or other article owned or possessed by him, for such money or evidences, and to deliver what shall be so discovered to said. assignee.

Sec. 23. When it shall appear to any officer authorized to entertain any proceedings under this act, that any misdemeanor or perjury has been committed by any party or witness, it shall be his duty to take the measures prescribed by law, to cause the offender to appear at the proper court having jurisdiction of the offence, to answer for the same.

Sec. 24. No person shall be excused from answering any bill swering bill in equity, seeking a discovery in relation to any fraud, prohibited as a witness. by this act, or from answering as a witness in relation to any such fraud, but no such answer shall be used in evidence in any other civil suit.

Habeas cor

pus and cer

Sec. 25. Any person imprisoned on any process issued out of tiorari, (R. S. any court, who shall be entitled to be discharged from such impri514, 521.) sonment, under the provisions of this act, may bring a writ of habeas corpus or certiorari, for that purpose, in the manner prescribed in the third and fourth chapters of title fourth, part third of the revised statutes.

Ib.

Sec. 26. Any person imprisoned under any of the provisions of this act, shall be entitled to the benefit of the writs of habeas

corpus and certiorari, in the manner provided in the third and fourth chapters of title fourth, part third of the revised statutes.

clause.

Sec. 27. All acts and parts of acts, whether contained in the Repealing revised statutes or elsewhere, inconsistent therewith, or in contravention of the provisions of this act, are hereby repealed,

to be distri

Sec. 28. The secretary of state shall immediately cause a Copies of act sufficient number of copies of this act to be printed by the state buted. printer, to supply every justice of the peace in the state, and every town clerk and sheriff with a copy, which shall be transmitted by him to the clerks of the different counties, and by them distributed to the officers entitled thereto, the expense of which printing and transmission to the county clerks, in the manner provided by law for the printing and distribution of other laws.

foreign pow

er.

Sec. 29. The provisions of this act shall not extend to residents Residents of of a foreign power who have contracted debts with residents of this state before this act takes effect, until the expiration of one year after the taking effect of this act.

Approved April 10, 1839,

[No. 49.]

bers of

Episcopal

incorporate

AN ACT to amend chapter first, title tenth, part first of the Revised Statutes, "Of Religious Societies." Section 1. Be it enacted by the Senate and House of Repre- Male memsentatives of the State of Michigan, That it shall be lawful for Protestant any number of male persons of full age, professing attachment to church may the "Protestant Episcopal Church," at any time to meet for the themselves. purpose of incorporating themselves under this act, and by a majority of votes, to elect two church wardens, and not less than five nor more than nine vestrymen, who shall continue in office until the next first Monday after Easter, or until their successors are elected; of which first election, notice shall be given at least ten days previous thereto, in one of the public newspapers published in said place, [or if there be none,] by printed or written notices put up in some public place or places. At the time of said election, one of the said persons who shall have agreed to associate together for the purposes aforesaid, shall be called to preside at such first election: Provided there be no episcopal

To elect annually on

after Easter,

clergyman officiating at such place: if so, he shall preside, or if absent, the person before mentioned, and shall receive the votes given by those who have associated together for the purposes aforesaid, and have signified the same by signing a written agreement for that purpose, prior to the public notice given of the election aforesaid. The presiding officer, with two other persons to be chosen by him, shall count the votes and declare the result of said election, and shall make a certificate under their hands and seals, of the church wardens and vestrymen so elected, and of the name or title by which said church or congregation shall be known in law; which certificate, being duly acknowledged or proved, by one or more of the subscribing witnesses, before the chancellor or one of the judges of the supreme court, or one of the judges of the circuit court of the county where such church or congregation shall be situated, shall be recorded by the clerk of such county, in a book to be by him provided for that purpose; and the church wardens and vestrymen so elected, and their successors in office, together with the rector of such church or congregation, whenever there shall be one, shall form a vestry of such church or congregation, and such vestry and their successors in office shall thereupon, by virtue of this act, be a body corporate, by the name or title expressed in such certificate.

Scc. 2. And it shall be lawful for the male persons of full age first Monday of any church or congregation incorporated as aforesaid, and in church war communion with the protestant episcopal church or congregation vestrymen. for the last twelve months, and who shall have been baptized in

dens and

the episcopal church, or shall have been received therein, either by the rite of confirmation or by receiving the holy communion, or by purchasing or renting a pew or seat in said church, to elect in every year thereafter, on the first Monday after Easter, such church wardens and vestrymen, of which notice shall be given in the time of divine service, the Sunday previous to said election ; or if no service be held on that day, the said notice to be given in one of the public newspapers published in said place, or if there be none, by written and printed notices put up in some public place or places, at least five days preceding said election. At said election, the rector, or if there be none, or he be absent, one of the church wardens or vestrymen shall preside and receive the votes of the persons qualified as aforesaid, and be the returning officer, and shall enter the proceedings in the book of the minutes