them or him to decide on the propriety of doing such act, such information or proof may be required to be given by affidavit, and any member of such board or such officer, may administer all necessary oaths for that purpose." 2, pirt 3, sec. Sec. 27. Amend section twenty-eight, chapter six, title two, Chap. 6, title part third, (revised statutes, page four hundred and forty-nine) by 28, amended. adding at the end thereof " and all necessary oaths to be administered to witnesses so attending before such auditors, may be administered by either of said auditors," so that said section as amended, shall read as follows: "Sec. 28. Witnesses may be summoned, and compelled to attend and testify before the auditors, in the same manner as be fore arbitrators or referees; and all necessary oaths to be administered to witnesses so attending before such auditors, may be administered] by either of said auditors." Sec. as amended. 2. part 3, sec. Sec. 29. Amend section forty, chapter four, title two, part Chap. 4. title third, (R. S. p. 436) by striking out in the first line thereof, the 40, amended. word "application," and retaining the word " applicant," inserted by the commissioners in lieu thereof, so that the section as amended, shall read as follows: amended. "Sec. 40. If upon such hearing of the parties, or of the appli- Sec. as cant alone, should no adverse party appear, and the court shall be satisfied that there is sufficient cause for taking the depositior, they shall issue a commission therefor, in like manner as for taking a deposition to be used in any cause pending in the same court." Chap. 8, title amended by Sec. 29. Amend chapter eight, title two, part third, (revised 2, part 3, statutes, page four hundred and sixty-two) by adding two new two new secsections at the end thereof, in the words following: tions. may plead "Sec. 27. The defendant in any action may plead as many Defendant several matters as he shall think necessary for his defence, sub- several pleas ject to the power of the court to compel him to elect by which plea he will abide in cases where he may plead inconsistent pleas. may give noneral issue, "Sec. 28. Whenever a defendant shall plead the general issue Defendant in any action in which such issue may be pleaded, or whenever tice with gehe shall plead nil debit to an action of debt on judgment, or when- &c. ever in an action of covenant he shall by his plea deny the execution of the instrument on which the plaintiff may have declared, he may give notice with such plea of any matters which, if pleaded, would be a bar to such action, and may give such matter Chap. 2, title 3, part 3, sec. 35, amended. Sec. 39, same chap. amend ed. Sec. 44, same chap. amend ed. Chap. 4, title in evidence on the trial in the same manner as if the same had been pleaded." Sec. 30. mend section thirty-five, chapter two, title three, part third, (revised statutes, page 426) [476] by retaining the words of the "same," inserted in brackets by the commissioners, in line three of said section. Amend also section thirty-nine of said chapter by striking out in line two, the word "payment," and retain in lieu thereof, the word "judgment," inserted by the commissioners in brackets, so that the two first lines of said section as amended, shall read as follows: "Sec. 39. But if the defendant in such action, at the time of the rendering of the judgment by default, be either." 66 Amend section forty-four of said chapter by striking out in line three, the word "redeeming," and retain in lieu thereof, the word rendering," inserted in brackets by the commissioners, so that the three first lines of said section as amended, shall read as follows: "Sec. 44. Instead of the action of trespass for the mesne profits heretofore used, the plaintiff seeking to recover such damages, shall within one year from the time of rendering the judgment." Sec. 31. Amend section thirteen, chapter four, title three, part 3, part 3, sec. third, (R. S. p. 483) by striking out in line five of said section, the word "petition," and retaining in lieu thereof, the word " partition," inserted in brackets by the commissioners. Sec. 15 of amended. Amend also section fifteen of said chapter, by striking out in same chap the last line thereof, the word "petition," and retaining the word "partition," in lieu thereof, inserted in brackets by the commissioners. Sec. 32 of same chap. amended. Chap. 5, title Amend also section thirty-two of said chapter, by retaining the word "appointed," in the next line to the last of said section, inserted in brackets by the commissioners. Amend section three, chapter five, title three, part third, (R. S. 3, amended. p. 491) by inserting in line eight of said section, after the word 3, part 3, sec. 66 mentioned," the words following: “and when the party complained of shall be brought before them, the said justices may adjourn the hearing for cause shown, from time to time, not exceeding in all ten days." Sec. 32. Section three of chapter eight, part third, title three, Chap. 8, title (R. S. p. 500) is hereby repealed, and the following section shall 3, repealed, be inserted in its place, to stand as section three: 3, part 3, sec. and new sec. substituted. Notice of of mortgaged "[Sec. 3.] Notice that said mortgage will be foreclosed by a foreclosure sale of the mortgaged premises or some part of them shall be premises, given as follows: "First. By publishing the same for twelve successive weeks in a newspaper printed in the county in which the premises to be sold are situated; or if such premises are situated in two or more counties, in newspaper printed in said counties. In case there be no newspaper printed in the county where such premises or any part of them are situate, such notice shall be printed in a newspa per, printed [in] a county nearest to the premises in which a newspaper is printed, and also by posting up the same printed or in writing in two public places in the township or townships where the premises are situate." how given. same chap. amended. Sec. 33. There shall be added to the fifth section of said Sec. 5 of chapter, the following: "and in cases where a mortgage is given payable in instalments, and the land mortgaged consists of a single eighty acre lot or a farm, and it becomes necessary to sell for any instalment other than the last, parts and portions of such lot or farm may be sold in a form as nearly square as practicable, and situate in or so near as may be in the north-east corner of the tract of which it is part. 3, part 3, sec. Sec. 34. The second divison of section eight, chapter eight, Chap. 8, title title three, part three, (R. S. p. 501) is hereby repealed, and the 8, amended. following shall be inserted in lieu thereof; "Second. An affidavit stating the posting up of a copy of the advertisement in two public places in the town where such lands are situate, in cases where such posting up is required by law; which affidavit may be made by the person who posted up such notices, or by any other person who may be acquainted with the fact." p. Same chap. to adding two amended by new sections. Sec. 35. Said chapter eight of title three, part three, (R. S. 501) shall also be amended by adding the following sections, stand as sections twenty and twenty-one: "Section 20. All mortgage sales under the provisions of this Notice of chapter may be postponed from time to time, by inserting a notice ment of of such postponement as soon as practicable, in the newspaper in sale, how to which the original advertisement was published, and continuing postpone mortgage be given. In mortgages hereafter instalment such publication until the time to which such sale shall be postponed, and in cases where written or printed notices are posted up, by posting up under the original printed or written notices, notice of such postponement. "Section 35 [21]. In cases where mortgages are hereafter given each given to secure the payment of money by instalments, each of after the first the instalments mentioned in such mortgage after the first, shall a separate be taken and deemed to be a separate and independent mortgage, to be deemed mortgage, &c. Chap. 1, title 4, part 3, sec. and such mortgage for each of such instalments may be foreclosed in the same manner, and [with] the like effect as if such separate mortgages were given for each of such subsequent instalments, and a redemption of any such sale by the mortgagor shall have the like effect as if the sale for such instalments had been made upon an independent prior mortgage." Sec. 36. Amend the first subdivision of section one, chapter 1, amended. one, title four, part third, (R. S. p. 507) by inserting in the first line of said subdivision, after the word "absconded," the words following: "or is about to abscond beyond the jurisdiction of said court;" and also by adding at the end of said subdivision, after the word "or," as follows: "That the defendant is about to remove any of his property out of the jurisdiction of the court, with intent to defraud his creditors, or that he is about to assign or dispose of any of his property with the like intent, or," so that said subdivision, as amended, shall read as follows: Sec. 7, same chap., amended. "That the defendant has absconded, or is about to abscond, beyond the jurisdiction of the court; or that the defendant is about to remove any of his property out of the jurisdiction of the court, with intent to defraud his creditors; or that he is about to assign or dispose of any of his property with the like intent; or," Amended [amend] also by adding at the end of said section as follows: "But no writ shall be granted [quashed] on account of any defect in the affidavit on which the same issued. Provided that the plaintiff, his agent or attorney shall, whenever objection may be made, file such affidavit as is required by law." Amend also the seventh section of said chapter by inserting after the word "the," in line two, the words "defendant or," so that the two first lines of said sèction, as amended, shall read as follows: "Section 7. The property attached shall remain in the hands of such officer unless the defendant or guarantee [garnishee] in whose possession it may have been." chap., Sec. 37. Amend also section twelve of [said] chapter by Sec. 12, same striking out all after the word "defendant," [default] in the twelfth amended. line in said section, and insert the following in lieu thereof: "If the defendant shall enter into bonds with two sufficient sureties in double the amount claimed to be due by the plaintiff or other creditor whose declarations are filed, to pay all costs and damages that may be awarded against the said defendant, shall be entitled to a return of the said property attached; and if any officer shall deliver any property taken by a writ of attachment to the defendant without taking such security, or shall take insufficient security, he shall be liable in damages to the plaintiff in whose favor the writ of attachment issued to the amount of property seized. And in case the said bond shall be prosecuted, the plaintiff shall prove the amount of his demand, and the sheriff shall pay over to him the amount so proved of the moneys that he shall collect upon the said judgment, with the costs and expenses, and that the balance of the moneys collected shall be paid into the court, to be distributed amongst the creditors who have filed their declarations." chap., Sec. 38. Amend also section seventeen of said chapter, by Sec. 17, same striking out in line three thereof, after the word "equitable," the amended. word" trial," and insert in lieu thereof the word "title." 3, part 3, sec. Sec. 39. Amend section second, chapter four, title three, part Chap. 4, title three, (R. S. p. 482) by striking out all after the word "held,” in 2, amended. the second line, to the word " for," in the third line inclusive, and insert in lieu thereof the words "in and for any county in this state," so that the section as amended shall read as follows: 66 amended. [Sec. 2.] Any one or more of the persons so holding land may Sec. as apply by petition to the circuit court held in and for any county in this state for a partition of the same, and the said circuit court is empowered to cause partition to be made accordingly, and the share or shares of the petitioners to be set off and assigned to them, and the residue of the premises shall remain for the person or persons entitled thereto and subject to the further partition among them if there is more than one person so entitled.” Sec. 40. Section eight of the last mentioned character [chapter] Sec. 8, same is hereby repealed, and the following shall be adopted in lieu thereof; ed and new chap., repeal sec. subst ted. |
