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LIST OF ACTS NOT REPEALED AND CONSOLIDATED IN THE REVISED STATUTES.

The following entitled general statutes, not having been repealed and consolidated in the revised statutes, are deemed of sufficient im portance to be herein referred to, viz: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.

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ABANDONING,

of wife by husband, 337.

of premises by plaintiffs in ejectment, 494, 495.
of children under six years of age, 662.
ABATEMENT,

of suits in chancery, provisions concerning. 362. 363.
pleas in, by joint drawers, &c. of bill or note, 440.
to be verified by affidavit or other evidence, 441.
by death, marriage, &c., 445.

when death of sole plaintiff or defendant not to abate
suit, 445.

death of one of several plaintiffs or defendants not to
abate suit, 446.

proceedings in partition not abated by death, 446.
death or removal of public officer not to abate suit, 447.
of actions of ejectment by death &c., 491, 492.
of nuisances, judgment for, &c., 509.

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.
plea in, to indictment, to be verified, 700.
ABBREVIATIONS,

in common use, may be used in process, &c., 431.
ABDUCTION,

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public, what to be liquidated by auditor general, 57.
between treasurer and state, to be kept by auditor gen-
eral, 57.

irregularity in, to be reported, 58.

what to be settled by board of state auditors, 60, 61.
to be audited by boards of supervisors, 66. 707, 708, 712.
to be audited by township boards, 92.

to be kept by township treasurer, 92 93.

of county treasurers, when to be stated by auditor gen-
eral, 115.

rendering of by executors and administrators, 298 to 300.
of joint guardians, allowance of, 345.

between parties to suits when to be stated by auditors,
444.

of receivers in chancery, how rendered and settled,
528, 529.

by prosecuting attorneys, of fines &c.collected by them,

564

mutual, when cause of action deemed to have accrued
upon, 600.

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in other states, how authenticated, &c., 263.
executed in foreign countries, 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.
heretofore executed under law then in force, effect of,

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by and against counties, how commenced and conduct-
ed, 65.

for malfeasance, &c., of sheriff, &c., to survive, 75.

by and against townships, in what name to be prosecu
ted, 85, 530.

for surplus, after sale of property for taxes, 120.

for value of property sold for taxes in certain cases, 120.
against corporations, to recover tax, 122.

by payees &c of promissory notes, 156.
by and against limited partnerships, 159.
for injuries occasioned by nuisances, 168.

against persons professing to be physicians &c. for mal
practice, 173.

by superintendents against relatives of poor persons in
certain cases, 175.

against superintendents for support of paupers improp-
erly removed, 179.

for recovery of penalties and forfeitures under license
law, 188

against school districts, 234, 530.

widow to recover damages in, for withholding dower,
270.

for rent against person in possession, 271.

by joint tenants and tenants in common against co-ten-
ants, 272.

not to be commenced against executors, &c., except,
&c., 292, 298.

pending against deceased persons, 292.
executors &c. may bring, 292.

when may be brought against executor, &c., as for his
own debt, 295.

when may be prosecuted against executors, &c., as
such, 292, 298.

762

ACTIONS,

on probate bonds, 303, 304.

limitation of time for commencing to recover lands sold
by executors, &c., 313, 317.

may be brought for waste and other injuries, by pur-
chasers under executions, 322.

of assumpsit, to recover contribution, 324.

married women may be authorized to prosecute and
defend in certain cases, 337.

when husband may become party to, with wife, 338.
on bonds of guardians, 344.

against master, on indenture of apprenticeship, 347.
how commenced in county courts, 379, 383.
in justices' courts, 387, 388, 389.
when may be brought by
partnership name, 416

or against partnerships, in

when may be brought against person by fictitious name,
416, 434.

not discontinued by vacancy in office of judges, 429.
nor by failure or alteration of term, 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
more of parties, 445 to 447.

what survive, 445.

how prosecuted in case of marriage of female party,
447

how prosecuted when party becomes insane, 447.

on bonds with conditions other than for the payment of
money, 482, 483.

bringing of for vexation &c., how punished, 483.
by the people, proceedings in, 484.

of trespass on the case for certain trespasses, 484.
for imputing to a female a want of chastity, 484, 485.
of detinue, abolished, 484.

of assumpsit, may be brought on sealed instruments,
487.

on the case, for seduction, by whom may be brought,
487.

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
for recovery of penalties and forfeitures, 560 to 562.
on forfeited recognizances, 564.

limitation of, relating to real property, 598.
ib. of personal, 600.

by assignees of insolvent debtors, 618, 619.
by sheriffs on bonds for jail liberties, 628, 629.
by assignees of such bonds, 629.

against sheriff's for escapes, 628 to 630.

on recognizances in criminal cases, 692, 694, 696.
ACTS,

contrary to constitution, void, 18.

of incorporation, constitutional provisions relating to
26.

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
737.

of congress, 744, 745, 746, 752, 756, 757, 758.
ADJOURNMENT

of legislature by governor,

of polls of election, 43.

22.

of canvass by inspectors of elections, 45.
of canvass by county canvassers, 46.
of canvass by state canvassers, 51.
of meetings by boards of supervisors, 66.
by auditors for county of Wayne, 69.
of township meetings, 86.

of sale of franchise on execution, 212.
of sales by executors, &c., 310.

of supreme court, by clerk, &c., 350.

of circuit courts, by sheriffs or clerks, 355,
of suits in justices' courts, 397, 416.

omission of, not to vitiate proceedings, 429.
of hearing by referees, 443, 444.
by auditors, 444.

of sales on executions, 478.

of hearing in proceedings to recover possession of land,
544, 545.

of hearing in proceedings for relief of insolvent debt-
ors, 615.

of examinations on criminal charges, 693.

ADJUTANT GENERAL.

entitled to copy of statutes, 37.

how appointed, his rank and term of office, 61, 62.
oath of office and compensation, 62.

duties of, 62.

reversioners and remaindermen may be admitted to ADMEASUREMENT OF DOWER, 268, 269, 495, 496.
defend, 510.

may recover after default &c. of tenant. 510.

wife may be admitted to defend without husband, on
his default, &c., 510.

wife may have ejectment after default of husband, 510.
certain recoveries void as to reversioners, &c., 510.
feigned recoveries, not to avoid execution, &c., 510.
lessee for years may falsify for his term, 510.

rights of parties recovering as to rents, waste, &c., 510.
joint and several actions against heirs, &c., 510.
actions not delayed on account of infancy of defendant,
&c, 511.

imparlances, &c., abolished, 511.

landlords may defend actions against tenants, 511.

alienation by defendant after commencement of action,
511.

liability of purchaser during pendency of suit, 511.

execution for costs or damages in actions relating to real
property, 511, 512,

practice in such actions, 512.

actions, &c., not retained, abolished, 512.

on bonds given to obtain release of property from at-
tachment, 515, 516, 517.

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-
ser, 529, 530.

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,
&c., 536.

on bonds for discharge of vessel &c. from warrant, 539.

of replevin, 546, 553.

on replevin bands, 550.

(See Lower.)
ADMINISTERING POISON,
with intent to kill, 659, 660.
ib., to cattle, &c., 669.
ADMINISTRATION,

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.
ADMINISTRATOR,

with the will annexed, to give bond, &c., 283.

to have same authority, &c., as executor would have
had, 283, 284.

who entitled to be, 285.

his bond, 285.

special, when may be appointed, his duties, &c., 285,
286.

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.
ADULTERATING,

food. liquors, drugs or medicines, 685.
ADULTERY,

divorce may be decreed for, 332,

cohabitation after divorce, to be punished as, 336.
when divorce may be refused in case of, 336, 337.
how punished, 680,681.

defined, 681.

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ADULTERY,

by whom prosecution for to be commenced, &c., 681.
ADVANCEMENT,

estate granted by a power, when to be, 261.
effect of, how estimated, &c., 274.

when gifts, &c., to be deemed, 274.

value of, how ascertained, 274, 275.

when to be allowed by representatives of heir, 275.
questions relating to, how determined. 302.
ADVERSE POSSESSION,

grants of lands held adversely, not to be void, 263.
ADVERTISEMENT,

foreclosu re of mortgages by, 568.
ADVERTISEMENTS, LEGAL,

fees for publishing, 654.

AFFIDAVITS,

of the publication of certain notices, how made evi-
dence, 457. 458.

and other proceedings in other states und foreign coun-
tries, how authenticated to be read in this state, 452.
AFFINITY,

of judges to parties in suits, 430.

of clerk or sheriff in certain cases, 468.
AFFIRMATION,

included in word "oath," when it may be substituted
therefor, 36.

who may affirm instead of taking oath, 461.
AGENTS,

may be appointed to sell and convey lands belonging to
counties, 62.

may sign bills and notes, and accept bills, 156.

to be appointed for non-residents before partition, 302.
when probate court may appoint for non-resident, 303.
bond to be given by, 303.

of banks, &c., how punished for embezzlement, 666,
fraudulent disposal of property of bank by, 667.
ib., of property entrusted to, &c., 668.

of state, refusing to deliver over money, &c., 666.
may be appointed by governor to demand fugitives from
justice, 709.

for demanding fugitives from other states, when to
have warrant, &c., 710.

agent of state prison, his appointment, powers and du-
ties, 716 to 723.

(See State Prison.)

AID PRAYER,

abolished. 511.

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votes for and against, how taken, canvassed, &c., 49.
of pleadings, &c., in county courts. on appeals from jus-
tices' courts, 410.

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.
ANIMALS.

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,
impounding, 100, 551, 552.

noxious, destruction of, 202.
replevying on being distrained, 553,

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penalty for neglect, 72.

of superintendents of the poor, when and to whom
made, penalty for neglect, &c., 181.

of superintendent of public instruction, 215.
of directors of school districts, 225.
of district board, 226.

of board of school inspectors 228.

of county clerk to superintendent of public instruction,
232.

of commissioner of land office, 238.

by certain officers, of fees received by them, 656.
by secretary of state, of abstract of reports of fees, 656
of inspectors of state prison, 717, 724.

of agent of state prison to inspectors, 720.
ib., to secretary of state, 720.

ANSWER.

to bill or petition for divorce, may be without oath, 333.
to bills for discovery of frauds, 359, 607.

when oath of defendant to, may be waived, 359.
where to be filed, 361.

service of, 361.

when may be compelled, &c., 363.

(See Circuit Courts in Chancery.)

of officers, &c., of corporations, to bill in chancery, 523
524.
APOTHECARY,

selling poison, &c., without label, 685.
APPEALS,

from decision of board of supervisors, 68.
proceedings thereon, costs, &c., 68, 69.

from determination of board of auditors for county of
Wayne, 70.

from determination of commissioners of highways, 136.
from determinations of county medical societies, 170,
171.

from decisions of commissioners on estate of deceased
persons, 293, 294.

from decree of probate court relative to partition, &c.,
302.

from decree for conveyance by executors, &c., 305.
from decrees or final orders of circuit courts in chan-
cery, 372, 373.

from decisions of probate courts, generally, 375, 376.
from judgments rendered by justices of the
proceedings thereon, 406 to 411.

peace,

and

by defendants, after conviction for offences in justices'
courts, 419, 420.

from decrees or orders in partition cases, 505.
from determination of officer, &c., as to claims against
ships, &c, 541.

from judgments in cases of forcible entry, &c., 545.
from orders of magistrates requiring sureties of the
peace, 691.

proceedings thereon, 691.

prosecutions by, for murder, &c., abolished, 688.
APPEARANCE,

of defendants, in cases in chancery, when to be entered
by court, 360, 361.

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
plead, 432, 433.

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
430.

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.
proceedings on such arrest, 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.
when to be made by township board to supply vacan- ASSAULT AND BATTERY,
cy, 90.

APPORTIONMENT.

of senators and representatives, when and how made,
19, 29.

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-
tion, 215, 216, 223.

on division of school district, 227, 228.

of school moneys by township clerk, 230, 231, 236.
of expense of repairing mills, &c., 574.

APPRAISEMENT,

of damages on laying out highways, 135.
of lost goods and stray beasts, 197.

of university and school lands laid off into village lots,
240, 241.

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.)
ARBITRATIONS.

what matters may be submitted to, and how, 565, 566.
proceedings by arbitrators and their powers, 566.
attendance of witnesses, how compelled, their oath, &c.
566.

confirming, amending and vacating award, 566, 567.
judgment on award, its effect, and execution thereon,
567.

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actions for, to be brought within two years, 600.
punishment for, 661,

discharge of recognizance, &c., on acknowledgment of
satisfaction by injured party, 695, 696.

ASSAULTS,

with intent to maim or disfigure, how punished, 659.
with intent to murder, 660.

and robbing, &c, from person, 660.
with intent to rob or murder, 660.
with intent to commit rape, 660,

with intent to commit other felonies, 661.

in dwelling houses after breaking, &c., 663. 664.
ASSENT,

to act of congress for admission of Michigan into the Un-
ion 750.

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.
notice of, 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.
declaration in original suit to be filed before assessment,
474.

amount assessed to be indorsed and collected on execu.
tion, 474.

of damages by jury, 474,

judgment upon, how entered, 474.

for breaches of bond, 482.

on suggestions for recovery of mesne profits, 495.
in actions of replevin, 549, 550, 553, 554.

on suggestion against person usurping office, 591.
ASSESSORS.

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.
penalty for neglect, 119, 120.

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,
order a plea of not guilty to be entered, 700.
ARREST,

privilege of electors from, 19.

privilege of members and officers of legislature from,
20, 38.

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.
when court may order sufficient retained to pay contin-
gent claims, 296.

proceeds of lands sold for payment of debts, 290, 308.
defence by executor, &c., that sufficient has not come to
his possession, &c., 297.

moneys collected on bond of executor, &c., 304.
when goods recovered by executor, &c., not to be, 445,
446.

goods returned pursuant to judgment of court, not to be,
446.

of defendants on writs of capias ad respondendum, 434. ASSIGNEES,
how discharged from, 434.

privilege of witness from, 456, 457.

of prisoners for same cause, after discharge on habeas
corpus, &c., how punished, 585.

not to be made on civil process, except, &c., 604.
of fraudulent debtor on warrant, 605.

insolvent duly discharged, exonerated from, 611, 613,
614.

of rioters, &c., 699, 680.

of disturbers of reiigious meetings, 684.

of persons proceeded against to obtain sureties of the
peace, 690.

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,
246.

of choses in action, may sue in their own name, in cer-
tain cases, 379, 439.

of insolvent debtors, refusing to certify, to be cited, &c.,
616.

powers, duties, and obligations of, 617.

to be trustees for benefit of creditors, 617.
oath of, 618.

vested with estate, 618.
specification of powers, 618.

notice to be given by, 618, 619.

proceedings by, against persons concealing or embez
zling property, 619.

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