may take, hold and

convey real

estate, &s.

Church lot

sold.

to have, hold and receive, by purchase, gift or devise, any lands, ten- Corporation ements or hereditaments of what kind or nature soever, and to sell, alien, exchange or lease the same or any part thereof, as they shall think proper; and all the lands, moneys, stock and other personal estate given and devised by the said will of the said Julia Ann Anderson for the use and benefit of said Mariners' Church, shall vest in and be subject to the control and disposition of the said corporation for the use and purposes in said will mentioned, and for no other use or purpose; and the said corporation shall have the power to sell, alien, exchange or lease the said lands or any part thereof, except the said lot of ground devised as a site for said church, which shall not be sold, may not be aliened or exchanged, and to receive and possess the rents and income thereof, and to have, receive, possess and retain all the moneys, stocks and other personal estate, and all securities for the same, and the interest and proceeds thereof which are or may be in the possession of the said executors of the said will, and which by the said will are given or intended to be given for the use and benefit of said church. That all questions which may arise touching the construction of any of the provisions of said will regarding said Mariners' Church, and the intent of the testatrix, the execution of the powers therein confer- to red or otherwise, may be heard, tried and determined by the supreme to powers court of this state, which court shall have full jurisdiction in the prem- corporation, ises, on a bill in chancery or a petition being filed for that purpose, by any one or more of said executors, trustees or corporators, in which case the co-executors, trustees or corporators shall be made defendants, and none of said parties shall be rendered incompetent as a witness in any such suit by reason of being a party thereto.

Sec. 3. That if any member of said corporation shall remove his residence to the distance of more than ten miles from the city of De"troit, or shall absent himself for one year from the meetings of said corporation, it shall be lawful for the said corporation to declare the place of such member to be vacated; and in any such case, as well as in the case of the death or resignation of any member, the surviving or remaining members of said corporation shall proceed to elect a suitable person to supply any such vacancy in their number.

Sec. 4. That the said corporation shall elect a treasurer, who shall, in all things observe and obey the orders, directions and regulations

Sup court

hear and

determine questions as

and duties of

&c.

Vacation of office.

Cfficers.

Majority

vote.

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

dong.

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 ibid. the adverse party, and shall have the same effect as if served on the party himself.

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 subpæœna, 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.

Deponent to

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.

Sec. 8. The party producing the deponent shall be allowed first to examine him, either upon verbal or written interrogatories, on all "ode of expoints which he shall deem material, and then the adverse party may witness.

amination of

Deposition to be in wri

ting.

be annexed.

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 the direction of the justice, and it shall be carefully read to or by the deponent, and shall then be subscribed by him.

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 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.

Deposition,

how to

disposed of.

When not to be used.

to compe

tency of wit

Sec. 11. The deposition shall be delivered by the person taking the 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.

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 same 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 bebo used on come nonsuited, and another suit shall afterwards be commenced for

When depositions inay

ed 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

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, tions, &c. 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.

testimony.

Sec. 18. Any person who expects to be a party to a suit to be there- Perpetuating after commenced in any court of record, may cause the testimony of 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.

Certain sec

Sec. 20. Sections forty-four, forty-five, forty-six, forty-seven, fortyeight, forty-nine, fifty, fifty-one and fifty-two, of chapter one hundred tions repealand two of the revised statutes, and the three sections added to said

ed.