LIST OF ACTS NOT REPEALED AND CONSOLIDATED IN THE REVISED STATUTES. The following entitled general statutes, not having been repealed and consolidated in the revised statutes, are deemed of sufficient im portance to be herein referred to, viz: An act for the preservation of railroads and other works belonging to the state, approved December 30, 1837; An act requiring certain returns to be made from incorporated academies and other literary institutions, approved March 4, 1839; An act to provide for the recording of town plats, and for vacating the same in certain cases, approved April 19, 1839; An act for the regulation of internal improvement, approved March 25, 1840; An act to provide for the publication of a map of the state of Michigan, and of the several counties therein, approved March 28, 1840; An act to amend an act entiled "an act for the regulation of internal improvement," approved March 25, 1840, and to provide for the settlement of claims, approved February 17, 1842; An act for the better security of the titles of lands belonging to the state, approved February 2, 1843; An act in relation to the state printing, approved February 6, 1843; An act to amend an act entitled "an act for the regulation of internal improvement, passed March twenty-fifth, eighteen hundred and forty," approved February 21, 1843; An act to amend an act entitled "an act to repeal the acts consolidated in the revised statutes," approved March 6, 1843; An act for the encouragement of agriculture, approved, March 2, 1844; An act explanatory of section forty-one, chapter four, title six, part first, of the revised statutes, approved February 17, 1846; An act to provide for the determination of claims against the state, for injuries to animals and other property occasioned by the running of cars and locomotives upon the central and southern railroads, approved April 13, 1846; An act declaratory of the interests of the state of Michigan in mines and minerals, approved April 25, 1846; An act to provide for organizing an active militia and for other purposes, approved May 18, 1846; An act to regulate private associations and partnerships, approved May 18, 1846; An act to amend an act entitled "an act in relation to the state printing, approved February 6, 1843," approved May 18, 1846; An act concerning the estate of intestates escheated to this state, approved May 18, 1846; An act to provide for the leasing of certain lands, approved May 18, 1846. ABANDONING, of wife by husband, 337. of premises by plaintiffs in ejectment, 494, 495. of suits in chancery, provisions concerning. 362. 363. when death of sole plaintiff or defendant not to abate death of one of several plaintiffs or defendants not to proceedings in partition not abated by death, 446. misnaming of corporation to be pleaded in. 520. of suits by and against corporations, 529 of suits by and against public bodies and officers, 530. in common use, may be used in process, &c., 431. public, what to be liquidated by auditor general, 57. irregularity in, to be reported, 58. what to be settled by board of state auditors, 60, 61. to be kept by township treasurer, 92 93. of county treasurers, when to be stated by auditor gen- rendering of by executors and administrators, 298 to 300. between parties to suits when to be stated by auditors, of receivers in chancery, how rendered and settled, by prosecuting attorneys, of fines &c.collected by them, 564 mutual, when cause of action deemed to have accrued in other states, how authenticated, &c., 263. by married women residing in this state, 263. ib residing out of this state, 263. certificate of, &c., to entitle deed to be recorded, 264. by and against counties, how commenced and conduct- for malfeasance, &c., of sheriff, &c., to survive, 75. by and against townships, in what name to be prosecu for surplus, after sale of property for taxes, 120. for value of property sold for taxes in certain cases, 120. by payees &c of promissory notes, 156. against persons professing to be physicians &c. for mal by superintendents against relatives of poor persons in against superintendents for support of paupers improp- for recovery of penalties and forfeitures under license against school districts, 234, 530. widow to recover damages in, for withholding dower, for rent against person in possession, 271. by joint tenants and tenants in common against co-ten- not to be commenced against executors, &c., except, pending against deceased persons, 292. when may be brought against executor, &c., as for his when may be prosecuted against executors, &c., as 762 ACTIONS, on probate bonds, 303, 304. limitation of time for commencing to recover lands sold may be brought for waste and other injuries, by pur- of assumpsit, to recover contribution, 324. married women may be authorized to prosecute and when husband may become party to, with wife, 338. against master, on indenture of apprenticeship, 347. or against partnerships, in when may be brought against person by fictitious name, not discontinued by vacancy in office of judges, 429. in courts of record, how commenced, 432, 433. on bail bonds, 436, 437. against special bail, 437, 438. on certain bonds, to be in name of people, 439. against makers, indorsers, &c., of bills of exchange, &c., 439 to 441. how prosecuted or defended in case of death of one or what survive, 445. how prosecuted in case of marriage of female party, how prosecuted when party becomes insane, 447. on bonds with conditions other than for the payment of bringing of for vexation &c., how punished, 483. of trespass on the case for certain trespasses, 484. of assumpsit, may be brought on sealed instruments, on the case, for seduction, by whom may be brought, proof of service unnecessary in such actions, 487. relating to real property, 488. on the case for waste, 506, 507. for trespasses on lands, 508. for private nuisances, 509. ib. general provisions concerning, 510. ACTIONS, for enforcing liens of mechanics and others, 554 to 558 limitation of, relating to real property, 598. by assignees of insolvent debtors, 618, 619. against sheriff's for escapes, 628 to 630. on recognizances in criminal cases, 692, 694, 696. contrary to constitution, void, 18. of incorporation, constitutional provisions relating to original, where deposited, &c., 35. of incorporation, to be deemed public acts, 37. ib., need not be recited in pleadings, 520. and parts of acts repealed by revised statutes, 725 to of congress, 744, 745, 746, 752, 756, 757, 758. of legislature by governor, of polls of election, 43. 22. of canvass by inspectors of elections, 45. of sale of franchise on execution, 212. of supreme court, by clerk, &c., 350. of circuit courts, by sheriffs or clerks, 355, omission of, not to vitiate proceedings, 429. of sales on executions, 478. of hearing in proceedings to recover possession of land, of hearing in proceedings for relief of insolvent debt- of examinations on criminal charges, 693. ADJUTANT GENERAL. entitled to copy of statutes, 37. how appointed, his rank and term of office, 61, 62. duties of, 62. reversioners and remaindermen may be admitted to ADMEASUREMENT OF DOWER, 268, 269, 495, 496. may recover after default &c. of tenant. 510. wife may be admitted to defend without husband, on wife may have ejectment after default of husband, 510. rights of parties recovering as to rents, waste, &c., 510. imparlances, &c., abolished, 511. landlords may defend actions against tenants, 511. alienation by defendant after commencement of action, liability of purchaser during pendency of suit, 511. execution for costs or damages in actions relating to real practice in such actions, 512. actions, &c., not retained, abolished, 512. on bonds given to obtain release of property from at- by and against infants, 517. by and against corporations in courts of law, 519. against corporations in chancery, 520. abatement of, by and against corporations, 529. by and against public bodies and officers in certain ca- against officers on official bonds, 531, 532. on bond given on arrest by attachment, 536, 537, when such action may be brought by attorney general, on bonds for discharge of vessel &c. from warrant, 539. of replevin, 546, 553. on replevin bands, 550. (See Lower.) in case of minority of executor, 283. of the estates of intestates. 284 to 287. who entitled to letters of, 285. with the will annexed, when to be granted, 286. to be revoked on proving will. 287. of oaths and affirmations generally, 460, 461. with the will annexed, to give bond, &c., 283. to have same authority, &c., as executor would have who entitled to be, 285. his bond, 285. special, when may be appointed, his duties, &c., 285, when to be removed, 286. remaining, when to execute trust, 286. of goods unadministered, 287- may give joint or separate bonds. 287. notice of application for appointment of, 287. (See Executors aud Administrators.) ADMISSION, of new states into the Union, 12. of Michigan into the Union, acts relative to, 746 to 752. food. liquors, drugs or medicines, 685. divorce may be decreed for, 332, cohabitation after divorce, to be punished as, 336. defined, 681. ! ADULTERY, by whom prosecution for to be commenced, &c., 681. estate granted by a power, when to be, 261. when gifts, &c., to be deemed, 274. value of, how ascertained, 274, 275. when to be allowed by representatives of heir, 275. grants of lands held adversely, not to be void, 263. foreclosu re of mortgages by, 568. fees for publishing, 654. AFFIDAVITS, of the publication of certain notices, how made evi- and other proceedings in other states und foreign coun- of judges to parties in suits, 430. of clerk or sheriff in certain cases, 468. included in word "oath," when it may be substituted who may affirm instead of taking oath, 461. may be appointed to sell and convey lands belonging to may sign bills and notes, and accept bills, 156. to be appointed for non-residents before partition, 302. of banks, &c., how punished for embezzlement, 666, of state, refusing to deliver over money, &c., 666. for demanding fugitives from other states, when to agent of state prison, his appointment, powers and du- (See State Prison.) AID PRAYER, abolished. 511. votes for and against, how taken, canvassed, &c., 49. of defects after issue on demurrer, 441 of proceedings on change of parties, 447. of pleadings and proceedings, 471, 472. of bill, &c., in partition cases, 498. of bonds required by law, 486. racing of, 183, 184. stray, when may be taken up, 196. proceeedings on taking up stray, 196 to 198, when stray may be worked by finder, 198, noxious, destruction of, 202. penalty for neglect, 72. of superintendents of the poor, when and to whom of superintendent of public instruction, 215. of board of school inspectors 228. of county clerk to superintendent of public instruction, of commissioner of land office, 238. by certain officers, of fees received by them, 656. of agent of state prison to inspectors, 720. ANSWER. to bill or petition for divorce, may be without oath, 333. when oath of defendant to, may be waived, 359. service of, 361. when may be compelled, &c., 363. (See Circuit Courts in Chancery.) of officers, &c., of corporations, to bill in chancery, 523 selling poison, &c., without label, 685. from decision of board of supervisors, 68. from determination of board of auditors for county of from determination of commissioners of highways, 136. from decisions of commissioners on estate of deceased from decree of probate court relative to partition, &c., from decree for conveyance by executors, &c., 305. from decisions of probate courts, generally, 375, 376. peace, and by defendants, after conviction for offences in justices' from decrees or orders in partition cases, 505. from judgments in cases of forcible entry, &c., 545. proceedings thereon, 691. prosecutions by, for murder, &c., abolished, 688. of defendants, in cases in chancery, when to be entered order for, in case of absent defendants, &c., 364, 365. in justices' courts, 393, 394. entry of, on service of declaration and notice of rule to of defendants in proceedings by scire facias, 588, 589. ib.. in proceedings by information, 592. APPELLATE COURTS, judge of, not to take part in decision of certain causes APPOINTMENT, of judges of supreme court, 23, APPOINTMENT, of clerks of supreme court, 23. of secretary of state, 23. ARREST, of fugitives from other states, 710. of state treasurer, auditor general, attorney general and ARSON, 662, 663. prosecuting attorneys, 24. of adjutant general, 61, 62. by governor to fill vacancies, 83. (See Burning.) ASHES, pot and pearl, inspection of, 150, 151. APPORTIONMENT. of senators and representatives, when and how made, of property, &c. on division of counties, 64. ib. on division of townships, 96, 97. of general state tax, 106, 107. of tax for county purposes, 107. of school moneys by superintendent of public instruc- on division of school district, 227, 228. of school moneys by township clerk, 230, 231, 236. APPRAISEMENT, of damages on laying out highways, 135. of university and school lands laid off into village lots, of improvements on public lands, 242. of lands obtained by state in payment of debts, &c. 244, of estates of deceased persons, 287, 288. of property taken in execution in certain cases, 477, 478. ib. seized by attachment, 514, 515. ib. replevied, 547. fees of appraisers, 652. APPRENTICES, 345, 48. (See Masters, Apprentices and Servants.) what matters may be submitted to, and how, 565, 566. confirming, amending and vacating award, 566, 567. actions for, to be brought within two years, 600. discharge of recognizance, &c., on acknowledgment of ASSAULTS, with intent to maim or disfigure, how punished, 659. and robbing, &c, from person, 660. with intent to commit other felonies, 661. in dwelling houses after breaking, &c., 663. 664. to act of congress for admission of Michigan into the Un- ASSESSMENT, of taxes, 102 to 108. of highway taxes, 129, 130. of damages in courts of law, 472. by clerk of court, 472. contracts on which clerk may assess, 473. when copy of note, &c., is filed and served, 473. evidence to be produced, 473, authority of clerk, &c., 473. report and certificate of clerk, 473. exceptions to report, 473. judgment on report, 473. in suits on bail bonds, 473, 474. proceedings to assess on bail bonds, 474. when damages to be assessed in original action, 474. amount assessed to be indorsed and collected on execu. of damages by jury, 474, judgment upon, how entered, 474. for breaches of bond, 482. on suggestions for recovery of mesne profits, 495. on suggestion against person usurping office, 591. when and how chosen, 85. term of office of, 86. oath of office, 89. compensation of, 94. duties of in assessment of taxes, 104, 105, 106. duties of, in selecting and returning jurors, 463. of school districts, their powers, duties, &c., 222, 22. if defendant refuse to plead on being arraigned, court to ASSETS, privilege of electors from, 19. privilege of members and officers of legislature from, of person racing animal, &c., 184. on warrant from county court, 385. on warrant from justice's court, 390. on executions in justices' courts, 403, 404. females exempt from, 405. privilege of officers of courts from, 431. what executor or administrator chargeable with, 298. proceeds of lands sold for payment of debts, 290, 308. moneys collected on bond of executor, &c., 304. goods returned pursuant to judgment of court, not to be, of defendants on writs of capias ad respondendum, 434. ASSIGNEES, privilege of witness from, 456, 457. of prisoners for same cause, after discharge on habeas not to be made on civil process, except, &c., 604. insolvent duly discharged, exonerated from, 611, 613, of rioters, &c., 699, 680. of disturbers of reiigious meetings, 684. of persons proceeded against to obtain sureties of the of persons charged with crimes, 418, 692. of persons charged with offence by coroner's inquest,705. of purchasers of state lands, their rights and liabilities, of choses in action, may sue in their own name, in cer- of insolvent debtors, refusing to certify, to be cited, &c., powers, duties, and obligations of, 617. to be trustees for benefit of creditors, 617. vested with estate, 618. notice to be given by, 618, 619. proceedings by, against persons concealing or embez |