vit and return to be filed in the office of the county clerk of the county, within thirty days after the service of such writ. be suspended on recogRizance giv convicted, &c. Sec. 4. After the service of the writ of certiorari as provided in Sentence to the preceding section, if the party convicted shall enter into recognizance with surety or sureties satisfactory to such justice or, to en by party the person allowing the certiorari, conditioned, that he will appear at the next term of the circuit court to be held in and for such county, and abide the order and determination of the court, the justice shall order that the sentence be suspended; and if the defendant shall have been committed to jail on such sentence, the justice shall order the jailor to set such prisoner at liberty, who is hereby required to comply with such order. The person receiving such recognizance shall within twenty days thereafter cause the same to be deposited with the county clerk. Cir. court Sec. 5. The circuit court shall have power to compel a return or an amended or further return to all writs of certiorari issued may compel under the provisions of this act. return. not appear of certiorari Sec. 6. It shall not be necessary for the defendant to appear in Deft. need the said circuit court upon the prosecution of such certiorari, unless on hearing the court otherwise direct; nor shall any assignment or joinder in &c. error be necessary, but the said court shall proceed to hear the parties and give judgment on the return made to such writ of certiorari, as the right of the matter may appear. argument. Sec. 7. At least four days notice of argument upon any such Notice of matter shall be given to the attorney general, or prosecuting attorney of the county where the offence was committed, in time, before the term at which a hearing is intended to be had. of recogni Sec. 8. The circuit court in which the person so recognized shall Contin'ance be bound to appear, shall have power to continue such recogni- zance. zance, or to require a new recognizance with further or other security, until a decision shall be had in such case; and in default thereof, the said court may commit the party so convicted to close confinement. judgment of Sec. 9. If the conviction and judgment of the justice be re- Effect of versed, the circuit court shall discharge the defendant; but if the eircuit. judgment of such justice be affirmed, the said circuit court shall order that such sentence be executed; and if the defendant shall have been let out of prison as hereinbefore provided, he shall be reman ded back to such prison for the length of time that remained unexpired of his sentence at the period he was so let out of prison. Court may Sec. 10. If at any time it shall appear to the said circuit court make order to quash that the person prosecuting such certiorari was unreasonably de proceedings in certain layed to bring on such cause for argument, the court may enter an order to quash such certiorari, and may also direct the sentence of the justice to be carried into effect. case. Fees. Sec 18 chap 94 RS re pealed, Appeals f'm criminal case to be transferred to Co. courts ings therein &c. Sec. 11. The following fees shall be allowed and paid under the provisions of this act, for the services herein named: For making return to writ of certiorari, two dollars. Sec. 12. Section eighteen of chapter ninety-four of the revised statutes of eighteen hundred and forty-six, is hereby repealed. Sec. 13 All cases of appeals from justices courts, in criminal justices in cases, to the circuit courts, which are now or may be pending on the first Tuesday of May next, shall be on that day transferred by the -proceed. county clerk to the county courts of the proper counties; and such appeals shall be tried by a jury drawn in pursuance of and according to the provisions of law in relation to criminal proceedings in county courts; and the said court shall have power to continue said causes from time to time and take the necessary recognizances of defendant or defendants, for their appearance, and in default thereof, to commit such person or persons until the day of trial, and also to require witnesses to enter into recognizances, with or without sureties in the discretion of the court, for their appearance at the county court on the day of the trial of such defendant or defendants. Fines to be imposed on Sec. 14. Any person convicted under the provisions of chapter conviction, ninety-four of the revised statutes of eighteen hundred and forty. 94 R. S. six, of any offence mentioned therein, may be punished by a fine under chap. not exceeding one hundred dollars, or by imprisonment in the com- Sec. 15. This act shall take effect from and after its passage. [ No. 259. ] AN ACT making appropriations to defray certain expenses authorized for the year eighteen and forty-nine. D Philips. H Birge. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the following sums be and the same are hereby appropriated out of the general fund: The following for expenses incurred during the sickness and for the interment of Hon, H. C. Noble deceased; to John Thomas, on account J Thomas. of the late H. C. Noble's funeral, twenty dollars; to C. R. Bascom, CR Bascom for crape, two dollare sixty-three cents; to B. S. Taylor, for medi· B 8 Taylor. cal services and attendance upon the late H. C. Noble, three dollars; to Dexter Philips, sixteen dollars; to Henry Birge, for team furnished legislative committee and committee of health enquiry, the sum of seventeen dollars: to Smith Tooker, three dollars; to Randall and Keller, two dollars; to James Jackson, one dollar; to M. F. Lockwood, for expenses to Corunna, nine dollars twenty-five cents; to Charles P. Bush, seven dollars seventy-five cents: to George Moran for silver furnished to make plate for coffin, one dollar; to C. H. Carr, for team to Corunna, ten dollars; to Case and Smith, Case and for coffin and trimmings for same, eighteen dollars; to C. H. Thom- CH Thompson, for making and engraving coffin plate, three dollars; to D. Mc- son. Gilvra, the sum of fifty-one dollars fifty cents. S Tooker. Randall and Keller. wood. C Lock Bush. Geo Moran. CH Carr. Smith. D McGilvra W Briggs. JC Baily. J Andrews. O Moffatt. Flint Rep. To W. Briggs, for one and a half dozen knobs for house and senate desk, fixing locks and chairs, eight dollars fifty cents; to J. C. Baily, for stationery furnished secretary of the senate and clerks of house of representatives, twelve dollars; to John Andrews, as a member of special committee for expenses in going to and from Kalamazoo, to canvass certain ballots, fifteen dollars; to Orlando Moffat, for same service, twelve dollars fifty cents; to proprietors of Flint Republican, two dollars; to Johnson Niles, for services J Niles. and expenses in going to Jackson county, by order of house of re. presentatives, nineteen dollars; to proprietors of Marshall Expoun- To proprie der, two dollars; to proprietors of Boston Daily Atlas, one dollar tain news fifty cents; to proprietors of the New York Tribune, five dollars apr. thirty-three cents; to proprietors of the New York Baptist Register, at Utica, fifty cents; to proprietors of the Albany Evening Journal, two dollars and sixty-eight cents; to proprietors of Oak'and Gazette, two dollars; to propietors of Michigan Christian Herald, tors of cer papers. A W Hovey WV Kilborn. AS Bagg. one dollar and fifty cents; to Adrian Watch Tower, one dollar and fifty cents; to proprietors of Coldwater Sentinel, fifty cents; to proprietors of Port Huron Observer, one dollar and fifty cents; to Michigan Farmer, twenty-five dollars; to proprietor of Michigan Liberty Press, two dollars; to proprietors of Michigan Telegraph, two dollars; to Toledo Blade, fifty cents; to proprietors of Grand Rapids Enquirer, one dollar and sixty-six cents; to proprietors of Michigan Argus, one dollar and fifty-cents; to proprietor of Washtenaw Whig, one dollar; to proprietors of Ypsilanti Sentinel, three dollars; to proprietors of True Democrat, fifty cents; to the Expositor, one dollar; to proprietors of Marshall Statesman, two dollars; to proprietors of Jackson Patriot, two dollars. To Agustine W. Hovey, clerk of the House of Representatives, for compiling and preparing for publication, making indexes and superintending the publication of the house journal and documents of the present session of the legislature, two hundred dollars, to be paid on the certificate of the secretary of state, that the work has been correctly done. To William V. Kilborn, for one large pitcher for house of rep resentatives, one dollar; To A. S. Bagg for stationery to clerk of the house of represen tatives, forty-four dollars eleven cents, and the further sum of ten dollars fifty cents for stationery furnished the speaker of the house of representatives, and the further sum of twenty-four dollars sixty-eight cents for stationery furnished engrossing, enrolling and reWF Story. Cording clerks, and committee on enrollment; to W. F. Storey for envelope paper and stationery furnished house of representatives, LL Rich- thirty-seven dollars forty-four cents; to L. L. Richardson for two ardson. double screens, two dozen locks for desks and putting the same on and repairing chairs in house of representatives, twenty-nine dolMM Prich- lars; to M. M. Prichard for two baskets and brooms furnished house G Post. ard. of representatives, one dollar thirty-eight cents; to G. Post for one ash pail furnished house of representatives, one dollar seventy-five RH Connor Cents; to Richard H. Conner for traveling expenses in going to Macomb county by order of the house of representative, twentyHibbard and five dollars; to Hibbard and Knapp for freight bills on suppplies for legislature at various times during the present session, three dolDarling and lars-seventy-five cents; to Darling and Rand for stationery, four Киарр. Rand, mon. others. sing. dollars fifty-seven cents; to Bagg and Harmon for stationery fur- Bagg & Harnished committee on supplies, thirty-nine dollars ninety-seven cents; to Jonathan P. King, John N. Ingersoll and Charles M. O'Malley, JP King & the senator and representatives from the counties of Mackinac and Chippewa, the sum of sixty dollars each for expenses incurred be. fore and after the session; to the messengers of the senate and Messengers. house of representatives the sum of twenty-five cents per day each over and above the amount already appropriated; to the post mas- PM at Lanter at Lansing such sum as may be due him for postage of officers and members of the senate and house of representatives under joint resolution approved January 4th, 1849, to be paid by the state treasurer on presentation of his account verified by affidavit; to the fireman of the senate and house of representatives fifty cents per Firemen. day each, as additional pay over and above the amount already appropriated; to each member of the senate and house of represen- Members of tatives the sum of five dollars, being for stationery furnished them. Senate. selves; to W. V. Kilborn for two paste brushes, seventy-five cents; w V Kilto Mrs. O. C. Wiswell the sum of five dollars for paste furnished Mrs O C the house of representatives; to Thornton F. Broadhead the sum of two dollars, for papers furnished members of the house of representatives, and the further sum of one dollar twenty-five cents; for papers furnished members of the senate; to N. Dunham, A. N. N Dunham Hart, B. F. Fox, Nathan Salyer and D. A. Wright the sum of ten dollars each for expenses incurred in visiting state prison as a joint committee of the senate and house of representatives; to Marsh Giddings for expenses in going twice to Kalamazoo to attend to the matter of the contested seat claimed by Evert B. Dykman, under resolutions of the house, fifteen dollars. House and bourne. Wiswell. TF Broadhead. and others. M Giddings A Muiller. JT Kedzie. W L Bancroft. To A. Muiller, for translating the governor's message into the German language and correcting the proof, sixty dollars; to Jas. T. Kedzie, for paste, pail and brush, four dollars; to publisher of the Port Huron Observer, for publishing general orders for adjutant general, ten dollars; do., papers furnished members of the house for session of 1848, three dollars; to Charles Smith, for attendance C Smith. as secretary of the senate, at the opening of the preseut session, thirty dollars; to A, Kaminsky, for printing seven hundred copies AKaminsky of the governor's message in German, forty-four dollars; to C. c Morse & Morse & Son, for paper furnished A. Kaminsky, on which to print Son. |