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ed on recog.


not appear

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. Sec. 4. After the service of the writ of certiorari as provided in Sentence to

be suspendthe preceding section, if the party convicted shall enter into recog

nizance give nizance with surely or sureties satisfactory to such justice or, to earby podle

convicted, 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.

Sec. 5. The circuit court shall have power to compel a return Cir. court or an amended or further return to all writs of certiorari issued may compel under the provisions of this act.

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 ary assignment or joinder in &c. error be necessary, but the said court shall proceed to hear the par. ties and give judgment on the return made to such writ of certiorari, as the right of the matter may appear. Sec. 7. At least four days notice of argument upon any such Notice of

argument. 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.

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. Sec. 9. If the conviction and judgment of the justice be re. Effect of

judgment of versed, the circuit court shall discharge the defendant; but if the judgment of such justice be affirmed, the said circuit court shall or. der that such sentence be execuled; and if the desendant shall have been let out of prison as hereinbefore provided, he shall be reman.

of recogni




Sec 18 chap 91 Rs repealed,

Appeals f'm

criminal case to be

to Co. courts


ded back to such prison for the length of time that remained unes.

pired 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.

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 couris, in criminal justices in

cases, to the circuit courts, which are now or may be pending on the transferred

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 ings therein

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.

Sec. 14. Any person convicted under the provisions of chapter imposed on conviction, ninety-four of the revised statutes of eighteen hundred and foriy.

six, of any offenco mentioned therein, may be punished by a fine
not exceeding one hundred dollars, or by imprisonment in the con-
mon jail of the county for a term not exceeding three months, or
both in the discretion of the court.

Sec. 15. This act shall take effect from and after iis passage.
Approved April 2, 1849.

Pines to be

91 R. S.

J Thomas.

CR Bascom

D Philips.

S Tooker



Geo Moran.

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[ No. 259. ] AN ACT making appropriations to defray certain expenses author:

ized for the year eighteen and forty-nine. Section 1. Be it enacted by the Senate and House of Representatives of the Stale 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; 10 John Thomas, on account of the late H. C. Noble's funeral, twenty dollars; 10 C. R. Bascom, for crape, iwo dollare sixty-three cents; to B. S. Taylor, for medi. BS Taylor. cal services and attendance upon the late H. C. Noble, three dol. lars; 10 Dexter Philips, sixteen dollars; 10 Henry Birge, for team furnished legislative committee and committee of health enquiry, " Birge. the sum of seventeen dollars: to Smith Tooker, three dollars; to Randall and Keller, two dollars; to James Jackson, one dollar; fo

Randall and M. F. Lockwood, for expenses to Corunna, nine dollars twenty-five Wacken cents; to Charles P. Bush, seven dollars seventy-five cents: to George Bush. 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 sa'ne, eighteen dollars; 10 C. H. Thom.

CA Thompson, for making and engraving coffin plate, three dollars; to D. Mc-son. Gilvra, the sum of dollars fisty cents. To W. Briggs, for one and a half dozen knobs for house and sen

W Briggs. ate desk, fixing locks and chairs, eight dollars fity cents; to J. C.

JC Baily. Baily, for stationery furnished secretary of the senate and clerks of house of representatives, twelve dollars; to John Andrews, as a

J Andrews. member of special committee for expenses in going to and from Kalamazoo, to canvass certain ballots, fisteen dollars; to Orlando Moffat, for same service, twelve dollars filty cents; to proprie

Flint Rep. tors of Flint Republican, two dollars; to Johnson Niles, for services and expenses in going to Jackson county, by order of house of re. presentatives, nineteen dollars; 10 proprietors of Marshall Expoun- To preprica der, iwo dollars; to proprietors of Boston Daily Atlas, one dollar ein neissa fifty cents; to proprietors of the New York Tribune, five dollars thirty-three cents; 10 proprietors of the New York Bap'ist Register, at Utica, fifty cents; to proprietors of the Albany Evening Journal, two dollars and sixty-eight cents; to proprietors of Oakland Gazette, two dollars; to propietors of Michigan Christian Herald,

D McGilvra

O Moffatt.

J Niles.


one dollar and fifty cents; to Adrian Watch Tower, one dollar and fifty cents; to proprietors of Coldwater Sentinel, fifty cents; 10 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; !o 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. A W Hovey 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 bas been correctly done.

To William V. Kilborn, for one large pitcher for house of representatives, one dollar;

To A. S. Bagg for stationery to clerk of the house of represenlatives, forty-four dollars eleven cents, and the further sum of ten dollars filly cents for stationery furnished the speaker of the house of representatives, and the further sum of twenty-four dollars six

ty-eight cents for stationery furnished engrossing, enrolling and reW F Story. cording clerks, and committee on enrollment; to W. F. Storey for

envelope paper and stationery furnished house of representatives, L L Rich- thirty-seven dollars forty-four cents; 10 L. L. Richardson for two

double screens, two dozen locks for desks and putting the same on

and repairing chairs in house of representatives, twenty-nine dolM1 M Prich-lars; to M. M. Prichard for two baskets and brooms furnished house

of representatives, one dollar thirty-eight cents; to G. Post for one

ash pail surnished 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, iwenly. Vibbard and five dollars; to Hibbard and Knapp for freight bills on suppplies knapp .

for legislature at various times during the present session, three dolDarling and lars-savonty-five cents; to Darling and Rand for stationery, four

W V Kilborn.

AS Bagg.


G Post.





House and


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 cenis; W V Kil. to Mrs. 0. C. Wiswell the sum of five dollars for paste furnished Mrs 0 C the house of representatives; to Thornton F. Broadhead the sum of two dollars, for papers furnished members of the house of repre. sentatives, and the further sum of one dollar twenty-five cents; for papers furnished members of the senale; to N. Dunham, A. N. Dunham Hart, B. F. Fox, Nathan Salyer and D. A. Wrighi the sum of ten dollars each for expenses incurred in visiting state prison as a joint conimittee of the senate and house of representati res; to Marsh

M Giddings 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, fisieen dollars.

To A. Muiller, for translating the governor's message into the A Muiller. 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

Wiswell. TF Broadhead.

and .

JT Kedzie.

WL Ban. croft.


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