Section repealed. Sections amended. Unlawfully conAining any person, how punished. Where offense may be tried. [No. 190. ] AN ACT to repeal section thirteen of an act to amend chapter ninety-four of the revised statutes in relation to criminal proceedings, being section five thousand five hundred and sixty-five of the compiled laws of eighteen hundred and seventy-one, relating to appeals in criminal cases from justice's courts. SECTION 1. The People of the State of Michigan enact, That section five thousand five hundred and sixty-five of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby repealed,-relating to appeals in criminal cases from justice's courts. Approved May 1, 1875. [ No. 191. ] AN ACT to amend sections twenty-five and twenty-six of chapter two hundred and forty-four, being sections seven thousand five hundred and thirty-four and seven thousand five hundred and thirty-five of the compiled laws of eighteen hundred and seventyone, relative to offenses against the lives and persons of individuals. SECTION 1. The People of the State of Michigan enact, That sections twenty-five and twenty-six of chapter two hundred and fortyfour, being sections seven thousand five hundred and thirty-four and seven thousand five hundred and thirty-five of the compiled laws of eighteen hundred and seventy-one, relative to offenses against the lives and persons of individuals, be so amended as to read as follows: (7534.) SEC. 25. Every person who willfully and without lawful authority shall forcibly or secretly confine or imprison any other person within this State against his will, or shall forcibly carry or send such person out of this State, or shall forcibly seize and confine, or shall inveigle or kidnap any other person with intent either to cause such person to be secretly confined or imprisoned in this State against his will, or in any way held to service against his will, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dol lars. (7535.) SEC. 26. Every offense mentioned in the preceding section may be tried either in the county in which the same may have been committed or in any county in or through which the person so seized, taken, inveigled, kidnapped, or whose services shall be so sold or transferred, shall have been taken, confined, held, carried, or brought; and upon the trial of any such offense, the consent. thereto of the person so taken, inveigled, kidnapped, or confined, shall not be a defense, unless it shall be made satisfactorily to appear to the jury that such consent was not obtained by fraud nor extorted by duress or by threats. Approved May 1, 1875. [ No. 192.] AN ACT to amend section two of an act entitled "An act relative to the costs of proceedings in criminal cases," approved March thirteen, eighteen hundred and forty-nine, being section seven thousand four hundred and eighty-nine of the compiled laws of eighteen hundred and seventy-one. cases. SECTION 1. The People of the State of Michigan enact, That Section amended section two of an act entitled "An act relative to the costs of proceedings in criminal cases," approved March thirteen, eighteen hundred and forty-nine, being sections seven thousand four hundred and eighty-nine of the compiled laws of eighteen hundred and seventy-one, be and the same is so amended as to read as follows: (7489.) SEC. 2. That whenever any person shall attend any Fees of witnesscourt as a witness, in behalf of the people of this State, upon re-es in criminal quest of the public prosecutor, or upon a subpoena, or by virtue of any recognizance for that purpose, he shall be entitled to the following fees: For attending in a court of record, one dollar for each day, and fifty cents for each half day; for attending in a justice' court or upon an examination, seventy-five cents for each day, and thirty-seven and a half cents for each half day, and for traveling, at the rate of ten cents per mile in going to the place of attendance, to be estimated from the residence of such witness, if within the State; if without this State, from the boundary line which witness passed in going to attend the court. Approved May 1, 1875. [ No. 193. ] AN ACT to amend sections one, three, five, six, eight, and nine of an act entitled "An act to prohibit the maintaining of suits in equity by judgment creditor's bill, to provide a remedy at law in lieu thereof, and to repeal sections twenty-four and twentyfive of chapter ninety of the revised statutes of eighteen hundred and forty-six;" the same being sections six thousand five hundred and thirteen, six thousand five hundred and fourteen, six thousand five hundred and fifteen, six thousand five hundred and seventeen, six thousand five hundred and eighteen, six thousand five hundred and twenty, and six thousand five hundred and twenty-one of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That Sections sections one, three, five, six, eight, and nine of an act entitled "An amended. act to prohibit the maintaining of suits in equity by judgment creditor's bill, to provide a remedy at law in lieu thereof, and to repeal sections twenty-four and twenty-five of chapter ninety of the revised statutes of eighteen hundred and forty-six," approved June twenty-eight, eighteen hundred and fifty-one, be and the same are hereby amended so as to read as follows: Judgment discovery of property on oath. SEC. 1. That when an execution against the property of a cases, to make judgment debtor, issued to the sheriff of the county in which he resides, or, if he reside out of the State, to the sheriff of the county in which the judgment was recorded, or a transcript thereof filed, shall be returned unsatisfied in whole or in part, the judgment creditor may obtain an order from the judge of the court in which the judgment was obtained, or from the judge of the circuit. court for the county in which the defendant resides, or from the circuit court commissioner of any such county, or of the county in which a transcript may have been filed as aforesaid, requiring the judgment debtor to appear and make discovery on oath, concerning his property or any debts due or to become due to him, before such judge or commissioner, at a time and place specified in the order. Where party and witnesses to be examined. May appoint receivers, and SEC. 3. If the party or witness reside in the county where the order is made, he shall be required to attend before the judge of the circuit court, or before the commissioner for such county; if in any other county, before a referee, as provided in section seven of this act. In the latter case the examination shall be taken in writing and certified to the court or judge. SEC. 5. The judge may also by an order appoint a receiver of the forbid transfers, property of the judgment debtor, with the like powers and authorotc., of property. ity as receivers heretofore appointed by courts of equity in this State. The judge or commissioner may also by an order forbid a transfer of the property of the judgment debtor and any interference therewith, and such order shall have the like effect as an injunction from a court of equity. Actions by receiver against erty of debtor. SEC. 6. If it appear that the person or persons so brought beperson claiming fore the judge or commissioner by the aforesaid judgment credInterest in prop itor, claims an interest in the property of the judgment debtor, adverse to him, such interest shall be recovered only in an action by the receiver; but the judge or commissioner may, by an order, forbid a transfer or other disposition of such interest till a sufficient opportunity be given to the receiver to commence the action; but such receiver shall bring no action unless at the request of the judgment creditor, and at his expense in case of failure, and he may require such reasonable security against all costs as he may think proper, before commencing such action. Fees allowed to creditor, etc. Liability of party or witness for disobeying order of judge. SEC. 8. The judge may allow to the judgment creditor, or to any party examined, whether a party to the action or not, witness fees and disbursements, and a fixed sum in addition, not exceeding thirty dollars, as costs. SEC. 9. If any party or witness shall disobey any order of the judge or commissioner, made in pursuance of this act, and duly served, such party or witness may be punished by the judge, as for a contempt, in the same manner as the circuit court may punish for contempt. Approved May 1, 1875. [No. 194. ] AN ACT to repeal act number one hundred and fifty-five of the session laws of eighteen hundred and sixty-nine, entitled "An act to amend act number seventy-six of the session laws of eighteen hundred and sixty-seven, entitled 'An act for the appointment of a commissioner, to be known as the Swamp Land State Road Commissioner,' approved March twenty-first, eighteen hundred and sixty-seven, by adding six new sections thereto, to stand as sections fourteen, fifteen, sixteen, seventeen, eighteen, and nineteen." SECTION 1. The People of the State of Michigan enact, That Act repealed. act number one hundred and fifty-five of the session laws of one thousand eight hundred and sixty-nine, entitled " An act to amend act number seventy-six of the session laws of one thousand eight hundred and sixty-seven, entitled 'An act for the appointment of a commissioner to be known as the Swamp Land State Road Commissioner,' approved March twenty-first, one thousand eight hundred and sixty-seven, by adding six new sections thereto, to stand as sections fourteen, fifteen, sixteen, seventeen, eighteen, and nineteen," approved April fifth, one thousand eight hundred and sixtynine, be and the same is hereby repealed. SEC. 2. This act shall take immediate effect. [ No. 195. ] AN ACT to amend section two of chapter sixty-three, being section two thousand and ninety of the compiled laws of eighteen hundred and seventy-one, relative to the protection of fish and the preservation of fisheries. SECTION 1. The People of the State of Michigan enact, That Section amended section two of chapter sixty-three, being compiler's section two thousand and ninety of the compiled laws of eighteen hundred and seventy-one, be and the same are amended soas to read as follows: shutes. SEC. 2. There shall be erected and maintained in each dam across Erection of any stream which by law is a public highway, by the owner or occupant thereof, or by any person or persons, or the officers of any corporation using the waters thereof, through the medium of any canal or race, sufficient and permanent shutes or fish ladders, to admit the passage of fish in such stream during the months of April, May, and June, in each year; and if the owner or occupant Neglect to erect. of any such dam, or person or persons, or the officers of any corporation using the waters thereof through the medium of any canal or race, shall neglect or refuse for the period of sixty days, to construct and maintain such shutes or fish ladders as aforesaid, whenever requested in writing so to do by the Fish Commissioner of this State, such person or persons, or officers of any corporation, shall be deemed guilty of a misdemeanor, and for each and every Penalty. Section added. Erection of rations owning dams. sixty days that such person or persons, or officers of such corporation, shall so neglect or refuse, he or they shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment, in the discretion of the court. SEC. 2. There shall be added to said act one section to stand as section four, to read as follows: SEC. 4. In respect to the construction and maintenance of fish shutes by corpo- shutes or fish ladders at dams owned by corporations, the duties and liabilities imposed by this act shall devolve and be imposed upon the president and secretary of such corporation. Approved May 1, 1875. Sections amended. Certificates of of taxes. [ No. 196. ] AN ACT to amend sections thirty-two and sixty-eight of chapter twenty-one, being sections nine hundred and ninety-eight and one thousand and thirty-four of the compiled laws of eighteen hundred and seventy-one, relative to the duties of the county clerk and Auditor General. SECTION 1. The People of the State of Michigan enact, That sections thirty-two and sixty-eight of chapter twenty-one, being sections nine hundred and ninety-eight and ten hundred and thirtyfour of the compiled laws of eighteen hundred and seventy-one, relative to the duties of the county clerk and Auditor General, be amended so as to read as follows: (998.) SEC. 32. The clerk of the board of supervisors shall, imapportionment mediately after such apportionment, make out two certificates of the amount apportioned to be assessed upon the property of each township, for State, county, township, fractional school districts, and other purposes, one of which he shall deliver to the county treasurer, and the other to the supervisor of the proper township or ward; and the county treasurer shall charge the amount of the State and county taxes specified in such certificate to the proper township, ward, or city. The county clerk shall also open and keep an account with the treasurer of his county, and shall charge such treasurer with all funds which shall come into his hands by virtue of his office, and shall credit him with all moneys paid out by him on the order of the proper authorities of his county. He shall also open and keep a separate account with each of the several funds belonging to his county, and shall credit each of said funds with such amounts as properly belong to them, and shall charge them severally with all warrants drawn on the county treasurer, and payable from said funds respectively. County clerk to with treasurer. keep account Transcript of for taxes to be forwarded to Auditor General. (1034.) SEC. 68. Such transcript, so made, compared, and cerlands delinquent tified, shall be forwarded by the county treasurer to the Auditor General, by the first day of March next after the return of such statement; but such transcript shall be receivable at any time durWhen receivable, ing said month of March; and when received by the Auditor General the amount thereof shall be placed to the credit of the proper etc. |