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Chapter 93 amended.

Sec. 10. Chapter ninety-three shall be amended by striking out in the first and second lines of section one hundred and three, the words " if the plaintiff, his agent or attorney, shall make an affidavit, stating the amount of such judgment;" and by striking out in the last line of the last named section, the words "and the amount sworn to be due ;” and by repealing section one hundred and eleven, and substituting in place thereof as follows: “Sec. 111. Upon all judgments rendered by justices of the peace, except in the cases mentioned in the two last preceding sections, execution shall issue at the expiration of five days from the entering of the judgment, unless such execution shall be stayed as hereinafter provided ; and such execution shall not issue sooner, without the consent, in writing, of the person against whom the judgment was obtained, or the proof in the next section specified." Said chapter ninety-three shall be further amended by striking out in the third line of section one hundred and fourteen, the word " before,” and inserting in the place thereof the word “after;" and by adding to section one hundred and forty-one, the words “or that the party against whom such judgment was rendered ought to have recovered a judgment for at least five dollars against the opposite party;" and by adding to section one hundred and forty-three the words " or that the

party against whom such judgment was rendered, ought to have recovered a judgment for at least eight dollars against the opposite party;" and by striking out of lines five and six of section ten, the words “under oath before the justice issuing the same." Amend section one hundred and fourteen, chapter ninety-three: strike out all after the word “of” in the eighth line, and insert the following: “three months from the commencement of suit, if such money shall not exceed twenty-five dollars, exclusive of costs, and at or before the expiration of six months if such money exceeds'twenty-five and is under fifty dollars, exclusive of costs, and at or before ten months if such money exceed fifty dollars.”

Sec. 11. Chapter ninety-five shall be amended by adding to section forty-eight the words “and no master shall be appointed under the provisions of this section in any county in which there shall be a number equal to that limited by this section holding under commissions in force when this chapter shall take effect, until the num

Chapter 95 amended.

amended.

ber of such masters shall have been appointed or otherwise below the number herein before limited;" said chapter ninety-five shall be further amended by repealing sections fifty-nine and sixty, and inserting in the place thereof the following: "Sec. 59. The supreme court shall appoint in each of the judicial circuits of this state, one injunctionmaster, who shall possess all the powers of a master in chancery within the county in which he resides, and shall have power to grant injunctions within his judicial circuit in the cases provided by law, and shall hold his office for the term of four years, unless sooner removed by the supreme court."

“ Sec. 60. Such appointment shall be in writing, and shall be filed in the office of the clerk of the fupreme couit of the circuit for which such injunction master shall be appointed, and such master shall cause his oath of office to be filed with the secretary of state within twenty days after his appointment, and in case of a vacancy, it may be filled by the supreme court.” Sec. 12. Chapter one hundred and two shall be amended by

Chapter 102 adding after section seventeen, a new section, as follows: "Sec. 18. Whenever shall be necessary to take the testimony of any witness, in any proceedings in a probate court, and such witness shall be unable, on account of sickness, age or infirmity, to attend the probate court, the judge of probate having jurisdiction of such proceedings, may take the testimony of such witness at any place within bis county, with the same effect as he might take such testimony in open court." And said chapter one hundred and two shall be furtber amended by adding after section fifty-two, two new sections as follows: “Sec. 53. When a witness whose testimony is wanted in any civil case or proceeding pending before any court, magistrate, arbitrators or referees, shall live within this state, and more than thirty miles from the place of hearing or trial, his deposition may be taken in the manner hereinbefore prescribed for the taking of the testimony of witnesses to be perpetuated, as near as may be, and upon the like notice to the opposite party, his agent or attorney." “ Sec. 54. Depositions so taken may be read in evidence on the trial or bearing, and shall have the same effect, and no other, as the oral testimony of the witness would have [if] given on such hearing or trial, and shall be subject to like objections."

Chapter 103

Sec. 13. Chapter one hundred and three shall be amended by amended.

striking out in the first line of section two the words "joined in such actions ;" that chapter one hundred and six, section ten, be so amended that but one execution shall issue at the same time.

Sec. 14. Chapter one hundred and forty-six shall be amended Chapter 146 amended. by inserting in the third line of section one, after the word “im

prisonment,” "in the cases and," and also by adding after section one a new section, as follows: "Sec. 2. Such application may be made at the times following, that is to say :

“1. If the amount due on such executions shall not exceed twenty-five dollars, after he shall have been imprisoned thirty days:

“ 2. If the amount due on such executions be more than twenty-five dollars, and not exceeding fifty dollars, after he shalı have been imprisoned sixty days :

3. If the amount due on such executions be more than fifty dollars, and not exceeding one hundred dollars, and after he shall have been imprisoned ninety days:

“4. If the amount due on such executions be more than one hundred dollars, and not exceeding five hundred dollars, after he shall have been imprisoned six months :

5. If the amount due on such executions shall exceed five hundred dollars, after he shall have been imprisoned nine months."

Sec. 15. Chapter one hundred and forty-nfne shall be amended Chapter 149 amended. by adding after section four a new section, as follows: "Sec. 5. I

the plaintiff, in any action brought to recover damages, occasioned by the erection of any dam upon the lands of the defendant, for manufacturing or milling purposes, and the flowing of the lands of the plaintiff, recover less than fifty dollars, such plaintiff shall reco

ver no more costs than damages." Chapter 150 Sec. 16. Chapter one hundred and fifty shall be amended by stri.

king out in the last line of section eight, the words "board of supervisors of the county,” and inserting in the place thereof the words "county judge of the county;" and by striking out in the seventh line of section eighteen, the words "twenty-five cents for his services in each case," and inserting in the place thereof, the words “one dollar for each day's attendance, and fifty cents for each half day's attendance;" and by striking out section twenty-two

annended.

and inserting the following: "The fees of sheriffs and constables for services rendered in the county courts and for the services of process therefrom, shall be as follows, viz: the fees of constables shall be such as are allowed to constables for similar services in civil proceedings before justices of the peace, and the fees of sheriffs shall be such as are allowed by law to sherifts for similar services in the circuit court."

Sec. 17. The corrections made by the commissioners appointed to superintend the printing and binding of the said revised statutes, as indicated in the adeertisement appended to the printed copies thereof by said commissioner, are hereby adopted, and the said revised statutes are amended accordingly.

Approved March 17, 1847.

[No. 106.] AN ACT to amend an act entitled "an act to amend the revised

statutes of 1846."

SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That the act entitled “an act to amend the revised statutes of 1846" approved March 17, 1847, shall take effect from and after the passage of this act.

Sec. 2. This act shall take effect and be in force from and after

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[No. 107.] AN ACT to provide for the payment of Interest on the amounts

due from the State to the University and School Funds. Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That so much of the annual state tax on the several rail road companies within this state, as may be ne

appropriat'd cessary for that purpose, shall be and is hereby specifically set apart and appropriated for the payment of interest on such sums as are now due from the state, or hereafter may be due, to the university and primary school funds.

Certain tax

Sec. 2. The above appropriation, so far as relates to the university fund, shall be in lieu of any specific appropriation heretofore made from the proceeds of the Central and Southern Rail Roads, when owned by the state ; and so far as relates to the school fund, shall be in lieu of any appropriation heretofore made for the like purpose from the general annual state tax.

Sec. 3. It shall be the duty of the state treasurer, each year, on Dutyof state

or before the time when the taxes from the Central and Southern Rail Road Companies become due, to ascertain and estimate the amounts due or to become due from the state for the current year to the funds above mentioned, and to reserve, at the time of the payment of said taxes, sufficient to meet the same, as they may severally become due and payable.

Sec. 4. This act shall take effect and be in force from and after

treasurer.

its passage.

Approved March 17, 1847.

Com're.

[No. 108.] AN ACT to incorporate the Portland and Shiawasse Plank Road

Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Jonathan Hartwell, Peter Laing, David Sturges and Harvey Hunter, be and they are hereby appointed commissioners, under the direction of whom, or a majority of whom, subscriptions may be received to the capital stock of the Portland and Shiawassee Plank Road Company," hereby incorporated; and they shall cause books to be opened for the subscription of said stock in the village of Dewitt, in the county of Clinton, and in the village of Portland, in the county of Ionia, first giving twenty days' notice in at least one public newspaper printed in the county where said books are to be opened, of the time and place of opening the same in said county; and the subscribers thereto in pursuance of this act, and their lawful successors and assigns, are hereby constituted and declared a body corporate by the name of the “ Portland and Shiawassee Plank Road Company," and shall be capable in their corporate name to purchase and hold such real

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