thirty-second and thirty-third sections of chapter one hundred and three of the revised statutes.

Penalty for

ance as ju

ror.

Sec. 87. Every juror summoned to attend as a juror in the county court under any of the provisions of this act, shall attend non-attendand serve as such juror unless excused by the court; and for every neglect or refusal so to attend shall be subject to fine in the same manner as jurors regularly chosen and summoned to attend a circuit court.

of R S and certain acts

repealed.

Sec. 88. That chapter ninety-two of the revised statutes of 1846, Chapter 9 and all acts amendatory thereto; also an act to provide for holding special elections in case of vacancy in the office of county judge and second judge of the county courts, and so much of an act to regulate and define the jurisdiction of the circuit and county courts as is inconsistent with the provisions of this act be and the samo are hereby repealed and all the provisions of this act shall be valid, any law to the contrary notwithstanding.

not to affect

rights ac

Sec. 89. The repeal of the acts mentioned in the preceding sec- Such reper? tion, shall not affect any act done or right accrued or established; acts done or or any proceeding, suit or prosecution had or commenced in any crued. civil case previous to the time when such repeal shall take effect; but every such right and proceeding shall remain as valid and effectual as if the provision so repealed had remained in force, except the mode of trial of appeals and the continuance of causes now pending in the county courts in civil actions.

tions pending under

shall repeal'd acts

to be proceded in, &c.

Sec. 90. No prosecution for any offence or recovery of any pen- Prosecualty or forfeiture pending at the time any statutory provision shall be repealed, shall be affected by such repeal, but the same proceed in all respects as if such provision had not been repealed, except that all such proceedings, had after the time when this act shall take effect, shall be conducted according to the provisions thereof and shall be, in all respects, subject to said provisions.

Change of

tions in UU.

Sec. 91. Any county court may upon good cause shown, change the venue in any cause or matter pending therein, and direct the venue of acissue to be tried in the county court of some adjoining county, and courts. shall make all necessary rules and orders for certifying and removing such cause or matter to the court in which such issue or matter to and after shall be ordered to be tried or heard; and the court to which such such case. cause or matter shall be removed, shall proceed to hear, try and

Proceedings

judgment 12

Criminal jurisdiction

of county

courts.

determine the same, as if such cause or matter had been originally commenced therein: and execution may thereupon be had as in other cases, except that in all criminal cases where the defendant shall be convicted and be sentenced to imprisonment in the common jail, the court awarding sentence shall direct that the defendant be imprisoned in the common jail of the county in which the prosecution was commenced.

Sec. 92. The county court shall have jurisdiction of all prosecutions in the name of the people of this state, for all crimes, misde. meanors, offences and penalties, and shall have appellate jurisdiction in cases of appeal arising under chapter ninety-four of the revised statutes of 1846.

Approved April 2, 1849.

[ No. 220. ]

Route of road.

Capital.

AN ACT to incorporate the Monroe and Flat Rock Plank Road
Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Alexander M. Arzeno, William Munger, Abner Hard, Daniel C. Vreeland, Ransom Curtis, Robert Duff and Governeur Morris be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Monroe and Flat Rock plank road company, and the subscribers thereto, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby created a body corporate and politic by the name and style of the Monroe and Flat Rock plank road company, with corporate succes

sion.

Sec. 2. Said company hereby created shall have the power to lay out, establish and construct a plank road, and all necessary buildings, from Monroe, in the county of Monroe, upon the line of the territorial road, to the village of Flat Rock, in the county of Wayne.

Sec. 3. The capital stock of said company shall be eighty-five thousand dollars, divided into shares of twenty-five dollars each. Sec. 4. This act shall be and remain in force for the term of sixamendment, ty years from and after its passage, but the legislature may at any

Duration of charter-its

repeal, &c.

time, alter, amend or repeal this act by a vote of two-thirds of each branch thereof; but such alteration, amendment or repeal shall not be made within thirty years from the passage of this act, unless it shall be made to appear to the legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly net profits of said company, over and above all expenses, shall exceed ten per cent. on the capital stock invested: provided there be no violation of the charter of said company.

General'pro

Sec. 5. The provisions of an act entitled "an act relative to plank roads," approved March thirteenth, eighteen hundred and forty-eight, visions." shall be, and are made a part of this act.

Sec. 6. This act shall take effect and be in force from and after

its passage.

Approved April 2, 1849.

[ No. 221. ]

AN ACT to amend sections 18, 20, 24, and 28, of title 9, chapter 41, of the Revised Statutes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That sections eighteen, twenty, twenty-four and twenty-eight of title nine, chapter forty-one of the revised statutes of 1846, be and the same are hereby amended as follows:

Amend section eighteen by striking out the word "when" in the seventh line and inserting the word "unless," also, by striking out the word "against," in the ninth line and inserting the words "in favor of," so that said section shall stand as follows:

Sections 18,

20, 24 and 28

of chapter

41. RS a

mended.

Section 18,

R Statutes,

"Sec. 18. The township boards may severally license for their respective townships, so many persons to be tavern keepers and re- chapter 41, tailers therein as they shall think the public good may require; and as amended. the mayor, recorder and aldermen of each incorporated city, may in like manner license tavern keepers and retailers in their cities respectively: Provided, That no license for the sale of intoxicating li quors shall be granted in any city, village or township, unless a majority of the qualified voters thereof shall have voted at the next pre

Section 20,

R Statutes

as amended.

ceding township or charter election therein, in favor of the granting of such licenses as hereinafter provided."

Amend section twenty, by striking out "unless prohibited," in the second and third lines, and inserting the words "when permit. ted," so that said section shall stand as follows:

"Sec. 20. The mayor, recorder and aldermen of each incorpochapter 41, rated city and the corporate boards of incorporated villages, may, when permitted as aforesaid, license for their cities and villages respectively, as many persons to be common victuallers as they shall think the public good may require, and every such license shall contain such a specification or description as is required in the preceding section, of the street or other place, and of the building where the person so licensed shall exercise his employment; and the license shall not protect him from the penalties provided in this chapter, for exercising it in any her place."

Section 24,

R Statutes

Amend section twenty-four by striking out the words "be prohibited," in the third line and inserting the words "not have been permitted," so that said section shall stand as follows:

"Sec. 24. Any license to a tavern keeper, retailer or common chapter 41, victualler, may if the applicant require it, or if a license for the sale as amended. of intoxicating liquors shall not have been permitted as aforesaid, be so framed as to authorize the licensed person to sell beer, ale, cider, or any other fermented liquors, except wines, and not to authorize him to sell brandy, rum or any other spirituous liquors or wines; in which case the sum to be paid for such license shall not be less than two nor more than eight dollars."

Section 22,

R Statutes

Amend section twenty-eight by striking out all after the word "box," at the end of the fourth line, so that said section shall stand as follows:

"Sec. 28. Each person qualified to vote for the officers to be chapter 41, elected at such election, may deliver to the inspectors, or one of as amended. them, a ballot having written or printed thereon the word "license," or the words "no license," which ballot shall be deposited in said box."

Approved April 2, 1849.

[No. 222. ]

AN ACT to amend an act entitled "an act to incorporate the Jackson Mining Company of Jackson."

Jackson Mi

mended.

Section 1. Be it enacted by the Senate and House of Represen- Charter of tatives of the State of Michigan, That section one of an act entitled ning Co. a"an act to incorporate the Jackson mining company of Jackson," be and the same is hereby amended by striking out all after the word "the" in the 5th line of said section and inserting the following to stand in lieu thereof: "Jackson iron company for the pur. poses of iron making and the manufacturing of the same in its various branches, and for supplying coal and ore for the business aforesaid in the upper peninsula of the state of Michigan," so that the section as amended shall read as follows:

amended.

"Section 1. Be it enacted by the Senate and House of Represen- Section 1 as tatives of the State of Michigan, That William A. Ernst, John Western, Abram N. Berry, Fairchild Farrand and Philo M. Everett, and others who shall become associated with them, are hereby constituted a body corporate by the name of the Jackson iron o0mpany, for the purpose of iron making and manufacturing the same in its various branches, and for supplying coal and ore for the business aforesaid, in the upper peninsula of the state of Michigan."

Sec. 2. That section four of said act is hereby repealed and the following substituted in lieu thereof to stand as said section:

amended.

"Sec. 4. All the property belonging to said company whether Section 4 as personal or real, the whole amount of capital actually paid in upon the capital stock of said company, also of all sums of money borrowed by said company and any investment of any portion of the net profits of said company in the business of said company, which shall be considered as so much capital paid in, shall be liable to assessment and taxation in the township or county where the same is situated, belonging to the company, the same as any other real or personal property, and all such tax may be collected by distress and sale of any of the company's property by the collector of the proper township; and when no personal property is to be found in any township, where the company are taxed for real estate owned by them, the tax shall be returned and collected in the same manner as other non-resident taxes."