gospel, and no other persons shall be permitted to go within the walls of the prison where convicts shall be confined, except by the special permission of the agent, or under such regulations as the inspectors shall prescribe.

tence to be

with con

Sec. 54. When any convict shall be delivered to the keeper of Copy of senthe state prison, the officer having such convict in his charge, delivered shall deliver to such keeper the certified copy of the sentence re- vict. ceived by such officer from the clerk of the court, and shall take from the keeper a certificate of the delivery of such convict.

convicts

escaped.

Sec. 55. Whenever any convict shall escape from the prison, Reward for it shall be the duty of the keeper to take all proper measures who have for the apprehension of such convict, and may offer a reward, not exceeding one hundred dollars, for the apprehension of such convict.

out of state

Sec. 56. All suitable rewards and other sums of money neces- Reward paid sarily paid for advertising and apprehending any convict that treasury. may escape from the state prison, shall be allowed by the auditor general and paid out of the state treasury.

contagious

breaking out

Sec. 57. In case any pestilence or contagious disease shall Pestilence or break out among the convicts in prison, or in the vicinity of the disease prison, the inspectors of the prison may cause the convicts therein in prison. to be removed to some suitable place of security, where such of them as may be sick, shall receive all necessary care and medical assistance, and such convicts shall be returned as soon as safely may be to the prison, and there confined according to their sentence then unexpired.

Convicts sentenced by

Sec. 58. It shall be the duty of the keeper of the state prison to receive therein and safely keep and subject to the discipline of S. courts. the prison any criminal convicted of any crime against the United States, sentenced to imprisonment therein by any court of the United States, sitting within this state, until such sentence shall be executed, or until such convict shall be discharged by due course of law, the United States supporting such convicts and paying the expenses of executing such sentence.

beas corpus

may be

granted for

Sec. 59. If any convict confined in the state prison shall be when haconsidered an important witness in behalf of the people of the state, upon any criminal prosecution against any other convict, by convict as a the prosecuting attorney conducting the same, it shall be the duty of any officer or court authorized by law to allow writs of habeas corpus, upon the affidavit of such prosecuting attorney, to grant

witness.

When a competent witness.

Spiritous

liquors not to be sold on ground belonging to prison, &c.

Sheriffs to transport convit to

state prison.

To be allow

ed reasona

stion there

a habeas corpus for the purpose of bringing up such prisoner, to testify before the proper court upon such prosecution.

Sec. 60. Such convict may be examined upon such trial, and shall be a competent witness against any fellow prisoner for any offence actually committed whilst in prison, and while the witness so offered shall have been confined in prison.

Sec. 61. No spiritous or fermented liquors shall, on any pretence whatever, be sold in the state prison, in any building appurtenant thereto, or on the land granted to the state for the use and benefit of the prison, and no such liquors shall be given to or suffered to be used by any convict in the prison, unless he be sick, and then only with the special direction of the physician.

Sec. 62. The sheriff of each county in the state, immediately after the final adjournment of any court in his county, at which convicts shall have been sentenced to the state prison, (or at such other time as the court shall direct,) shall cause such convicts to be safely transported to the state prison, and delivered to the keeper thereof.

Sec 63. The respective sheriffs shall be allowed a reasonable ble compen- compensation for their expenses and trouble, in transporting such convicts to the state prison; the accounts of the respective sheriffs to be certified by the agent.

for.

Part of forty

third section

effect imme

diately.

Sec. 64. So much of the forty-third section of this act as pronot to take vides for the compensation of the agent and chaplain of the prison, shall not take effect until such appointments be made, and that in the mean time the acting commissioner for the building of the prison shall perform the duty of agent and keeper. Approved April 17, 1839.

Part of chapter eight, title

[No. 78.]

AN ACT regulating sales at auction, and for other

purposes.

Section 1. Be it enacted by the Senate and House of Reprefive,part one, sentatives of the State of Michigan, That all that portion of part utes, (p. 104,) first of title fifth of chapter eight of the revised statutes, embraced two, title sev- and contained within the tenth and twenty-third sections, both

revised stat

and chapter

en, part one,

(p. 149,) re- inclusive, and the second chapter of part first of title seventh, be

pealed.

and the same are hereby repealed.

Sec. 2. Any citizen of the state of Michigan may become an Auctioneers. auctioneer, and may legally transact the business and perform the duties of an auctioneer within the county in which he resides, on executing and depositing with the treasurer of his proper county, a bond, with two sufficient sureties, to be approved by said treasurer, in the penal sum of two thousand five hundred dollars, conditioned for the payment of all auction duties, in manner prescribed in the following sections.

account of

Sec. 3. Every auctioneer who shall have entered into the bond To make out required by the above section, shall make out in writing a half sales. yearly account, dated on the first days of April and October in each year, unless said auctioneer shall reside in either of the cities of this state; then, in that case, a monthly statement or account, dated on the first Monday of each month, and shall therein state minutely and particularly,

First. The sums for which any goods or effects shall have been sold at every auction held by him, from the time of his entering into such bond, or the date of his last account or statement.

Second. The days on which sales were so made, and the amount of each day's sale.

Third. The amount of duties chargeable under the provisions of this act.

be forwarded

general.

Sec. 4. Every such account, written ten days after the day on Account to which it is dated, shall be exhibited, if made out by an auctioneer to auditor residing in a city, to the mayor or recorder of such city, and if by an auctioneer residing in a county, to the treasurer of said county, whose duty it shall be to forward the same forthwith to the office of the auditor general of this state.

to.

Sec. 5. Every auctioneer so exhibiting such account, shall take To be sworn and subscribe an oath or affirmation to the correctness of such account, before the officer to whom such statement is made or account exhibited.

Sec. 6. The following articles shall be subject to pay the fol- Articles sublowing duties if sold at auction, and no others:

First. All ardent spirits, wines, or intoxicating liquors, whether foreign or domestic, shall be liable to and pay a duty of two and a half per cent.

Second. All goods, wares and merchandize of every descrip. tion, imported from without the jurisdiction of the United States, to a duty of one and a half per cent at each and every time they are so exposed for sale.

ject to duty.

When ex

empt there

from.

Duties, how calculated,

paid.

Sec. 7. Goods and chattels otherwise liable to auction duties shall be exempt therefrom if sold under the following circum

stances:

First. If they shall belong to the United States or to this state. Second. If they shall be sold under any judgment or decree of any court of law or equity, or under a seizure by any public officer, for or on account of any forfeitures or penalty, or for a distress of rent.

Third. If they shall belong to an estate of a deceased person, and be sold by his or her executors or administrators, or by any person duly authorized by any judge of probate.

Fourth. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignee appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insolvent.

Sec. 8. All duties shall be calculated on the sums for which and to whom the goods so exposed for sale shall be respectively struck off, and shall be paid in all cases by the person making the sale, to the respective county treasurers, who shall account for the same to the auditor general.

Goods to be

struck off to highest bidder.

Articles not liable to pay

may be sold at auction by any citi

Sec. 9. All goods or other articles liable to pay duties under the provisions of this act, shall in all cases be struck off to the highest bidder, and when the auctioneer or owner, or any person employed by them or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be construed to render valid any sale that would otherwise be deemed fraudulent and void.

Sec. 10. Nothing contained in this act shall be so construed as auction duty to prevent any persons, citizens of this state, from selling at auc tion any article or thing not liable to pay duty by the provisions of this act, without giving the bond required by the several sections of this act.

zen.

Act take effect.

Sec. 11. This act shall take effect from and after its passage.
Approved April 16, 1839.

[No. 79.]

AN ACT to provide for the laying out and establishing certain State Roads.

ham county

Section 1. Be it enacted by the Senate and House of Repre- From Ingsentatives of the State of Michigan, That Henry Fisk, Benjamin to Leslie. Davis and Amos E. Steele, be and they are hereby appointed commissioners to lay out and establish a state road, commencing at a certain point upon the west line of Ingham county, where the state road laid out and established from Bellevue to the west line of Ingham county terminates, thence in an easterly direction to the mills in Leslie, on the most eligible route, until said route shall intersect the Grand river turnpike, at or near the village of Pinckney, in the county of Livingston.

Little Rapids.

That Hiram Converse, Joshua North, and Frederick Luther, Mason to be and they are hereby appointed commissioners to lay out and establish a state road, commencing at the village of Mason, in the county of Ingham, thence on the most eligible route to the Little Rapids, on the Grand river, terminating on sections twenty or twenty-one, township four north, of range number two west.

Bellevue.

Sec. 2. That there shall be laid out and established a state road, Marshall to beginning at some point in or near the village of Marshall, in Calhoun county, and running thence north northwesterly, by the most eligible route, to the quarter stake of sections twenty-one and twenty-two, in township one south, of range six west, from thence, by the most eligible route, to the village of Bellevue, in the county of Eaton, and Horatio Hickok, Martin Brackett and Asahel Hawkins, be and they are hereby appointed commissioners for that purpose.

Grand river

Sec. 3. That there shall be laid out and established a state road, Jonesville to Concord, commencing at Jonesville, in the county of Hillsdale, running thence to from thence northerly on section lines, as far as the same may be turnpike. practicable and expedient, to the village of Concord, in the county of Jackson; thence north to the mouth of Spring brook, which, empties into Grand river, and from thence north on section lines where practicable, crossing Grand river to the route of the Grand river turnpike, running from Detroit to the mouth of Grand river; and Hiram Thompson, Warner G. Hodge and Henry Turner be and they are hereby appointed commissioners to lay out and establish said road.