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subpoenaing such witness, the judge may, in his discretion, grant an order requiring the proper officer to cause any such witness or witnesses as he may think proper, to be subpoenaed; the expenses whereof shall be audited and allowed the same as other proper charges against the county.
Approved April 2, 1849.
( omm'ry to
[ No. 227. )
Section 1. Be it enacted by the Senate and House of Representnoter certain tatives of the State of Michigan, That Elijah F. Bissell, Augus.
tus E. Burnes and John F. Gilkey or a majority of them be and they are hereby authorized to alter, lay out and straighten the road leading from the village of Allegan, in the county of Allegan, through the county of Kalamazoo to the village of Battle Creek, in the county of Calhoun, in such a manner as they, in their dis. ceretion may
and shall file the surveys of such alter. ations in the office of the township clerk of each township in which such alterations shall be made, and it shall be the duty of each township clerk to record the same in the record book of the township through which said road may pass.
Sec. 2. That the state shall not be liable for any damages that may arise from the laying out and working of those portions of said road so altered as aforesaid, or for any expenses or damages sustained by ihe reason of this act; and in case the said road shal: not be laid out, straightened and altered as aforesaid, in one year from the passage of this act, the provisions herein contained shall be void.
Sec.3. This act shall take effect and be in force from and atter
State notliable for ex penses thereof, &c.
court to co
courts in certain cases.
[ No. 228. ] AN ACT 10 authorize the Supreme Court to make Rules regula
ting the practice in the Circuit and County Courts, in case where a non-joinder or mis.joinder of parties occur.
Section 1. Be it enacted by the Senate and House of Represen- Supreme tatives of the State of Michigan, That the supreme court shall tablish rules have power and it shall be its duty to establish rules for the cir- and county cuit and county courts for the following purposes, to wit: 1st. To effectually prevent the defeat or abatement of any
civil suit ex contractu for either any non-joinder or mis-joinder of parties where the same can be done consistently with justice.
20. To provide for all necessary amendments of process, pleadings or other proceedings in such case.
3d. To provide the manner by which a discontinuance may be entered against parties improperly joined in any suit, and by which parties improperly omitted may be joined in the suit and brought in to answer thereto, if within the jurisdiction of the court.
Sec. 2. This act shall take effect and be in force from and after
[ No. 229.]
tion one, Township two North, of Range eleven East, in the
Highway tatives of the State of Michigan, That the commissioners of high- coraki'ts of ways of the township of Troy, in the county of Oakland, be, and ter certain they are hereby appointed commissioners, whose duty it shall be to examine the highway which now runs in a west or southwesterly direction across section one, town two north, of range eleven east, in the township of Troy, in said county, and to make such alterations in and lay out and establish such highway as they shall deem necessary and proper. Sec. 2. That said commissioners, or a majority of them, shall
Survey of cause an accurate survey and plat of said highway to be made, as ibey shall alter or lay out the same on said section one, and shall
file said plat and survey in the office of the township clerk of said township of Troy, within ninety days from and after the passa ge of this act; and the said township clerk shall sorthwith endorse thereon the day of the filing thereof, and record the same al full length in some proper book to be kept in his office; and upon filing the survey and pla: aforesaid, the land described in said survey and plat shall be a public highwny.
Sec. 3. That the expenses of altering, laying out and establish. Payınent of
ing such highway shall be paid out of the township treasury of said township of Troy.
Sec. 4. The said commissinners to have the same power ascommis. sioners of high ways of townships now have in adjusting and satisfy. ing the damages which may be clained by any person through whose lards such highway shall be laid, and in case of disagreement as to ihe amount of damages, the same proceed ngs to be bad ns are now provided by law.
Sec. 5. This act shall take eflent from and aster its passage.
Power of komin'rs.
Certain seetions of act NO. 49 of 1841 reviv'd
[ No. 230 ] AN ACT to revive and continue in force certain sections of an act
entiled an act 10 nrescribe the powers and duties of Justices of the Peace in civil proceedings,'' approved April 9th 1811.
Section 1. Be it enacted by the Senate and House of Represen
tatives of the State of Michigan. That sections 119, 120, 121, atid ancad. 122, 123, 124, 125. 126, 127, 128, 129, 130. 131, 132, 133, 134,
135 of an aci entitled "an act to prescribe the powers and duries of justices of ine peace in civil proceedings," approved April 9, 1941, be and the same are herely revived and continued in force.
Sec. 2. That section 119 be amended by striking out the word “circuit," and in-erting in lieu thereof the word "county." That section 120 be amended by stiiking out the word “circuit." and inseri "county." That section 121 be amended by striking out the word "sixty," and insert "fifteen,” strike out also the words “one of the justices of the supreme court," and insert the "circuit couri commissioner," also the word circuit," in the twelfth line of said section, and insert" county." Thal section 123 be amended by stri
king out the word "supreme," and insert “county.” That section 125 ba amended by striking out the word "circuit," and inserting "county." That sections 129, 130, 131, 132 and 133 be amended by striking out the word “circuit,” wherever it occurs in said sections and insert in lieu thereof the word "county."
Sec. 3. This act shall take effect and be in force from and after
[ No. 231. ) AN ACT in relation to the terins of the Supreine Court. Section 1. Be it enacled by the Senate anıl House of Represen-Term of
Sup. court satives of the State of Michigan, That a term of the supreme cour to ie held in of the state of Michigan sha!! be held in the firih judicial circuit. at Grand
Rapids. at Grand Rapids, in the county oi Kent, in each and every yeur, at a time to be appointed by the judges of the said supreme court, which shall be in addition to the terms nuw held in pursuance of law. Sc. 2. The said court may direct a special term thereof to be
Special held at the place above named whenever they shall deen it neces. circuit, &c. sary, by in order therefor, which they shall coluse to be published at least thirty days before the time a; pointed, in some paper printed at the seat of government.
Sec. 3. This act shall take effect and be in force from and alter jis passiige.
Approved April 2, 1849.
teru ia said
[ No. 232 ] AN ACT 10 authorize Richard H. Conner to convey certain real
R. 11. Con
ized to con
Section 1. Be it enacted by the Senate and House of Representasides of the Stale of Michigan, That Richard H. Conner be, and nor author. he is here! authorized to execute a deed or deeds in due form, of psy real the pieces or parcels of land described in a certain deed bearing date the ninth day of August, A. D. 1847, executed by Basilique
St. Aubain, of the township of Hamtramck, in the county of Wayne, state of Michigan, to Basilique Elizabeth Conner, wife of the said Richard H. Conner, and recorded in the reg ster's office of the said county of Wayne, in liber number thirty three, folio one hundred and sixty-nine and one hundred and seventy, to any person or persons who may purchase the whole or any part thereof; and any such deed or deeds duly executed and recorded shall be deemed a legal conveyance to the grantees therein named, as fully as is the same had been executed by the said Basilique Elizabeth Coaner in person in her life time.
Sec. 2. Before the said Richard H. Conner shall sell the said give bond, pieces or parcels of lands, and execute any deed or deeds therefor,
under the provisions of this act, he shall execute and deliver to the judge of probate of the said county of Wayne, a bond in such penalty as said judge shall direct, conditioned that he, the said Richard H. Conner, will invest the proceeds of such sales in other real estate, or in some productive stock, or put the same at interest for the benefit of the heirs of the said Basilique Elizabeth Conner: Provided, That no sale hy the said Richard H. Conner shall be valid or binding unless the judge of probate of the said county of Wayne shall endorse upon the deed or deeds to be executed his
ap. proval of such sale.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved April 2, 1849.
[ No. 233. ] AN ACT to amend section four of chapter one hundred and six
teen of the Revised Statutes of 1846.
Section 4 of
Section 1. Be it enacted by the Senate and House of RepresenChapter 116 tatives of the State of Michigan, That section four of chapter
one hundred and sixteen of the revised statutes of 1846, be amended by adding to said section four the following: “And when it may be necessary to institute suit against any corporation which may have ceased to do business or to keep up its organization by the appointment of officers or otherwise, it shall be competent to serve any writ, declaration or other process in such suit, on either of the per