Majority made and prescribed by said corporation in regard to the custody, safe keeping, disbursements of, and accounting for the money and other funds of the corporation, committed or coming into his hands, and shall be required to give a bond with sufficient surety or sureties, to be approved by the said corporation, for the faithful discharge of his duties; and it shall be lawful for the said corporation at its pleasure, to require of the said treasurer new or increased security, and also to remove him and appoint another in his place whenever they may deem proper. Sec. 5. That the said corporation, in the exercise of its powers, duties and functions, shall in all cases be governed by the vote and decision of a majority of the members thereof. Sec. 6. That this act shall be given in evidence in the trial of any issue or cause, in any court of law or equity without special pleading. Approved March 29, 1848. Depositions to be used within this state. When may be taken. Notice of ta tions. No. 143. AN ACT relating to depositions taken within this state. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That depositions may be taken in the manner and according to the regulations provided in this act, to be used before any magistrates or other persons authorized to examine witnesses, in any other than criminal cases. Sec. 2. When a witness whose testimony is required in any civil cause pending in this state, shall live more than thirty miles from the place of trial, or shall be about to go out of the state, and not to return in time for the trial, or is so sick, infirm or aged, as to make it probable that he will not be able to attend the trial, his deposition may be taken in the manner hereafter provided. Sec. 3. At any time after the cause is commenced by the service of king deposi. process or otherwise, or after it is submitted to arbitrators or referees, either party may apply to the justice of the peace before whom any such cause shall be pending, or to the circuit court commissioner, or any judge of the county or circuit court, within any county in this state where said cause shall be pending before any arbitrators or referees, or before any probate court, circuit or county court in the proper county, who shall issue a notice to the adverse party to appear before him, the said justice, commissioner or judge, if the said witness is in the county where the cause is pending, at the time and place appointed for taking the deposition, and put such interrogatories as he may think fit, or such notice may be given by such party, and served upon such adverse party, without any such direct agency of such justice, commissioner or judge. And in case the witness resides in any other county in this state, then the party wishing to take the deposition of any such witness, may give like notice to the adverse party to appear before any justice of the peace, circuit court commissioner or judge of the county or circuit court of any other county in this state, and put such interrogatories as he may think fit, upon the examination of said witness. Sec. 4. The said notice may be served on the agent or attorney of the adverse party, and shall have the same effect as if served on the party himself. Ibid. time allow'd. Sec. 5. The notice shall be served by delivering an attested copy thereof to the person to be notified, or by leaving such copy at his How served, place of abode, if served by any officer authorized to serve a subpœna, and when served by the party, by delivering a true copy of such notice, verified by the affidavit of the party serving the same, allowing in all cases, not less than twenty-four hours after such notice before the time appointed for taking the depositions, and also allowing time for his travel to the place appointed after being notified, not less than at the rate of one day (the first day of the week excluded,) for every twenty miles travel. be waived. Sec. 6. The written notice before prescribed may be wholly omitted Notice may if the adverse party or his attorney shall, in writing, waive the right to it. Sec, 7. The deponent shall be sworn or affirmed to testify the truth, the whole truth, and nothing but the truth, relating to the cause for which the deposition is taken, and he shall then be examined by be sworn. the person before whom he is brought, and by the parties, if they think fit, and his testimony shall be taken in writing. Deponent to Sec. 8. The party producing the deponent shall be allowed first to examine him, either upon verbal or written interrogatories, on all wode of expoints which he shall deem material, and then the adverse party may witness. amination of examine the deponent in like manner; after which either party may propose such further interrogatories as the case may require. Sec. 9. The deposition shall be written by the justice or by the deponent, or by some disinterested person, in the presence and under to be in wri- the direction of the justice, and it shall be carefully read to or by the deting. ponent, and shall then be subscribed by him. Deposition Certificate to Sec. 10. The person taking the deposition shall annex to the deposition a certificate of the time and manner of taking it, the person at be annexed. Deposition. how to be whose request, and the cause or suit for which it was taken, and the reason for taking it, and stating also whether the adverse party attended, and if not, returning with the said deposition the notice, if any, that was proved to the said justice to have been given to him. Sec. 11. The deposition shall be delivered by the person taking the disposed of deposition to the court or arbitrators or referees, before whom the cause is pending, or shall be enclosed and sealed by him, and directed to them, and shall remain sealed until opened by the said court, arbitrators or referees. When not to be used. to compe tency of wit Sec. 12. No such deposition shall be used, if it shall appear that the reason for taking it no longer exists: Provided, however, That if the party producing the deposition in such case shall shew any sufficient cause then existing for using the deposition, it may be admitted. Sec. 13. Every objection to the competency or credibility of the Objections deponent, and to the propriety of any question put to him, or of any answers made by him, may be made when the deposition is produced, in the sarne manner as if the witness were personally examined on the trial: Provided, That all objections to the competency of the witness on the ground of interest, shall in all cases be made at the time of taking such deposition, otherwise such objection shall not be allowed. Sec. 14. When the plaintiff in any suit shall discontinue it or bebe used on come nonsuited, and another suit shall afterwards be commenced for When depo. sitions may 2d trial. the same cause, between the same parties or their respective representatives, or when any suit shall be appealed, all depositions lawfully taken for the first suit or the suit below, may be used on the second or on the appeal, in the same manner and subject to the same conditions and objections as if originally taken for the second suit or on the appeal: Provided, The deposition shall have been duly filed in the court where the first suit is pending, or in the court below. Courts may make rules tions, &c. Sec. 15. The courts may, from time to time, make such rules as they shall find proper and convenient, as to the time and manner of as to open. ing deposiopening and filing depositions, and the same [safe] keeping thereof, and any other regulations concerning the taking and using of the depositions, and the safe keeping thereof, which may not be inconsistent with the provisions of law. When wit compelled to give deposi Sec. 16. Any witness may be summoned and compelled to give his deposition at any place within the township in which he resides, or ness may be within fifteen miles of the place of his abode, in like manner, and under the same penalties as he may be summoned and compelled to attend as a witness in any court. tion. Commissio state. Sec. 17. Depositions of witnesses residing out of this State and in the United States or Canada, may be taken and used in suits and pro- ners to take depositions ceedings before justices of the peace, in the same manner and under out of the the same regulations, as near as may be, as are prescribed in this act, in such cases for taking depositions of witnesses residing in this State; but in such cases a certificate under the official seal of the county clerk of the county where taken, or of the clerk of the principal court of record for said county, or some other proper county officer, shall be attached to the deposition, showing the official capacity in which the person acted before whom the deposition was taken. Perpetuating Sec. 18. Any person who expects to be a party to a suit to be thereafter commenced in any court of record, may cause the testimony of testimony. any witness material to him in the prosecution or defence of such suit, to be taken conditionally and perpetuated. In what Sec. 19. One of the causes mentioned in the second section of this act must exist to authorize such taking, and the deposition must be cases. taken and certified before the same person, on the same notice and in the same manner as above provided for taking depositions in this state, and sealed up and delivered to the clerk of the county where taken, and so remain until ordered to be removed and opened by the court before whom such suit shall be pending, when it may be used, subject to any objection which could lie against it in case the suit had been pending at the time it was taken. Sec. 20. Sections forty-four, forty-five, forty-six, forty-seven, fortyeight, forty-nine, fifty, fifty-one and fifty-two, of chapter one hundred Certain sections repealand two of the revised statutes, and the three sections added to said ed. chapter, after its seventeenth section, by act approved March seventeenth, eighteen hundred and forty-seven, are repealed, (saving any legal act done under them:) and this act shall take effect from and after its passage. Approved March 29, 1848. Dam authorized. Description No. 144. AN ACT authorizing Robert Palmer and Morris S. Allen to build a dam across Grand River in the county of Clinton. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Robert Palmer and Morris S. Allen, their heirs and assigns, are hereby authorized and empowered to build a dam across the Grand River on section thirty, in township five north, of range four west: Provided, Said dam be built within three years from the time this act takes effect. Sec. 2. That the said dam shall not exceed eight feet above comof dam, &c. mon low water mark, and shall contain a convenient lock, at least sev Duties of owners. Trespass on dam. Rights of persons reserved. enty-five feet in length and sixteen feet in width, for the passage of all boats, barges, rafts or other water craft that may navigate said river, and shall be so constructed as to receive such boats and other water craft, in slack water of sufficient depth below said dam, and to pass them to slack water of sufficient depth above said dam, for all the purposes of the navigation of said river at all times. Sec. 3. It shall be the duty of the owners of said dam, at all times, to keep said lock in repair, and to pass any water craft through the dam, free of toll and without unnecessary delay; and any person who shall be so detained shall be entitled to recover of the said owners double the amount for the damages which he shall prove he has sustained by such detention, before any court of competent jurisdiction, with costs of suit. Sec. 4. Any person who shall destroy or in any wise injure said dam or lock, shall have been deemed to have committed a trespass upon the owners thereof, and be liable accordingly. Sec. 5. Nothing herein contained shall authorize the individuals named in the first section of this act, their heirs or assigns, to enter |