ter the first period. Sec. 32 was amended by adding the provision relating to an adjournment, and the issuing of a summons; and the next succeeding section was struck out. Sec. 36, relating to proceedings against garnishees, was added by the legislature. Sec. 45, was amended by stiriking out after the word verbal in line two, the words at the discretion of the party making the same, and inserting in the place thereof the words and shall contain a concise statement of the party's claim or demand, or nature and ground of defence. Sec. 48, as reported, providing for a judgment of discontinuance where the claims of the parties exceed five hundred dollars, was stricken out. in sec's. 54, 55, 58, 59 and 60, the word supreme was stricken out before court wherever it occurs, and county inserted in lieu thereof. In sec. 75, the proviso was added by way of amendment. Sec. 85, as reported, was amended by adding the provision authorizing the production, in court, of the book containing the account, or any part thereof. Sec. 102, as reported. required the justice to give a transcript of the judgment, without reference to the issuing or return of any execution Sec. 103 was amended by adding the provisions relating to the making of an affidavit Secs.105 and 106, as reported, were struck out. Secs. 131. 132. 133, 134, 135, 136, 137 and 138 were added by the legis lature, That portion of this chapter which relates to appeals, was altered in almost every particu lar. The mode of appeal, as reported, was similar to that prescribed in the former revised statutes, with some modifications and additional details, intended to make it more perfect and simple. Secs. 211, 215 and 216 were added by the legislature CHAP 94, as reported, provided for the organization of courts of special sessions, prescribed their powers and jurisdiction and mode of proceeding, &c. That chapter was struck out, and chapter 92, as it now stands substituted in its place. CHAP 95 In this chapter the word supreme was struck out wherever it occurred before the words court commissioner and cirucu was inserted in its place, and numerous other amendments were made for the purpose of harmonizing its provisions with the judicial system, which the legislature adopted CHAP. 96. Sec. 15 was amended by substituting the board of Supervisors in line 3, in the place of the associate judges of the circuit court. CHAP 97. Sec.26. as reported.providing to what offices process should be returned, was stricken out. CHAP. 99. Sec. 21, as reported, was stricken out. CHAP. 100. Sec. 5, as reported, was stricken out. CHAP 101. Sec. 22, as reported, was stricken out, and secs. 22 and 23 as they stand in that chap. ter, were added by the legislature. CHAP 102. Sec. 102, was added by the legislature, and various other amendments were made in order to conform the provisions of this chapter to the judiciary system adopted CHAP 103. Sec. 1, as reported, required all issues of fact joined in the court of chancery, or in any probate court, and which should be sent to the supreme court for trial, and all issues of fact joined in the supreme court, to be tried at a circuit court in the proper county, unless ordered to be tried at the bar of the supreme court. The amendments made to this section, leave the provisions of section two, which were intended to apply to all cases triable in the circuit courts, as applying only to issues of fact joined in probate courts, while none of the actions specified in section 2, are cognizable by judges of probate. Secs 3, 6, 7, 65, 66, and 72. as reported, were struck out, and several other alterations were made for the purpose of harmonizing the provisions of the chapter, with other amendatory provisions. CHAP. 105. Provisions were made in this chapter, as reported, for assessing damages upon a writ of inquiry, where the clerk could not make the assessment, all of which were struck out, and sec. 16 was added. CHAP. 106, as reported, contained provisions for entering and docketing judgments and making them a lien upon real estate for five years, by filing a transcript of the docket in the register's of fice of the county where the lands lie, and causing the same to be there entered, and for canceling and discharging judgments, and making the rendition of a new judgment in an action upon a former judgment, an extinguishment of the former judgment, all of which provisions were struck out; while the corresponding provisions in other chapters, assuming that judgments and decrees may constitute a lien on real estate, are retained. Sec's 38 and 46, as reported, were also struck out. Sec. 27, as it now stands, is very much changed from the corresponding section as reported CHAP. 107. Secs 10 and 11, as reported, together with other provisions relating to writs of inquiry, were struck out. CHAP. 108 Secs. 50., 51, 52 and 53, were added by the legislature. CHAP. 109, as reported, authorized suits to be instituted in the court of chancery by bill, for partition of lands; but was altered by substituting the circuit court for the county in which the lands lie by bill in equity, and making other corresponding amendments. Sec 69 contained a provision, that execution should not issue against the premises of an unknown owner, until after two years from the entry of the decree, which was struck out CHAP 110. In sec. 6, line 2, the words three times were struck out, and double inserted. Other alterations were made in this chapter, corresponding with preceding amendments CHAP. 113 Sec's 17 and 18. as reported, were struck out. These sections provided for assessing damages at a circuit court, in actions relating to real estate. CHAP. 114. Altered so as to contorm to preceding amendments. CHAP. 115. Altered for the same purpose, CHAP. 116. Sec. 6, as reported, was amended by adding the words, and annex thereto an affidavit of the truth of such plea or notice. CHAP. 117. Amended in conformity to preceding amendments. All after the word same in line 5, sec 10, was added by the legislature. CHAP. 118. altered so as to correspond with preceding amendments. Amendments were also made to chapters numbered from 120 to 129, inclusive, for the same purpose CHAP. 130. In sec 2, clause 1, after that, the words the whole amount secured by such mortgage shall have become due and payable,and that, were struck out, and clause 4 was added by the legislature. CHAP 131. Secs 1 and 2 were altered by adding the provisions requiring a determination to be made by the township board, as to whether the public health will be promoted by the draining proposed. CHAP. 132 Sec 2 was amended by adding in line 8, the words, or at some place in the county where the mill is situated. CHAPS. 133, 134, 135, 136 and 138, were amended so as to conform to preceding amendments. CHAP. 140. In sec 3, line 2, the word four was struck out. and three inserted after the word within, and in sec. 7, line 3, the word twenty, before years, was struck out, and ten inserted. CHAP. 141 altered in conformity to preceding amendments. NOTE. LIBRARY GERSITY OF MIC 15 con CHAP. 142, sec. 9, as reported, required the officer making the order, to direct notice tents to be published in newspapers. Sec. 10, as reported, was struck out, and other amendments were made in conformity to preceding amendments. CHAP. 146. ses, and Sec. 1 was amended by striking out, after imprisonment in line 3, the words, in the caSec. 2, as reported was struck out. It was as follows: "Sec. 2. Such application may be made at the times following, that is to say: 1. If the amount due on such executions shall not exceed twenty-five dollars, after he shall have been imprisoned thirty days: 2. If the amount due on such executions be more than twenty-five dollars, and not exceeding fifty dollars, after he shall have been imprisoned sixty days: 3 If the amount due on such executions be more than fifty dollars, and not exceeding one hundred dollars, after he shall have been imprisoned ninety days: 4. If the amount due on such executions be more than one hundred dollars, and not exceeding five hundred dollars, after he shall have been imprisoned six months: and, 5. If the amount due on such executions exceed five hundred dollars, after he shall have been im prisoned nine months." Sec. 3 was amended by striking out ten in line 5, and inserting three. Sec. 4, as reported, provided for publishing the notice in a newspaper, if one is published in the same county. In the last line of section 4, ten was struck out, and six inserted before days. Other alterations were made in this chapter, in conformity to preceding amendments. CHAP. 147. The provision in sec. 1, defining the jail limits, was added by the legislature, and is a repetition of sec. 17, chap. 13. CHAP. 150. Sec. 2, as reported, included provisions prescribing the fees of clerks of the supreme court. The proviso to sec. 2 was added by way of amendment. Sec. 3, as reported, prescribed the fees of attorneys for services in the supreme court, which was struck out, and sec. 3, as it now stands, was added by the legislature. Sec. 4, as reported, prescribed the fees of attorneys in the circuit courts, and was struck out. The proviso to sec. 6 was added by the legislature. Sec. 9, as reported, prescribing the fees of solicitors in chancery, was struck out. The proviso to sec. 8, as it now stands, was added as an amendment. The provisions in sec. 15, prescribing the fees for marrying, &c., and taking acknowledgments, were added as amendments, and are a repetition of similar provisions contained in sec. 7. The last clause of sec, 18, was added as an amendment. Sec. 22, as reported, prescribing the fees of criers of courts, was struck out. Secs. 19, 20, 21 and 22, as they now stand, were added by the legislature. Several other amendments were made to this chapter, in conformity to preceding amendments. CHAP. 151. Sec. 2, as reported, prescribing the effect of a former acquittal, was struck out. CHAP. 152 was altered in conformity with preceding amendments. CHAP. 153. The word death, at the end of sec. 1, as reported, was struck out, and the words, solitary confinement at hard labor in the state prison for life, were substituted. In line 3, sec. 4, after the word state, the words, or who shall fight a duel within this state, were added as an amendment. In sec. 5, line 2, after the word shall, the words, by previous appointment or engagement within the same, were struck out, and the words, or in which such wound shall have been inflicted, were added at the end of the section. In sec. 12, line 1, after the word intent, the words to murder or, were struck out. In the last line of sec. 13, after the word prison, the words not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court, were struck out, and the words for life, inserted. Sec. 14 was added by the legislature, and also the words, or any number of years, at the end of sec. 15. In sec. 24, line 2, the word fourteen, was struck out before years, and sixteen substituted. In sec. 25, line 1, the words wilfully and, were added, and in the last line but one, fire was struck out and ten inserted. In sec. 30, line 6, the word five was struck out and ten inserted, and in line 7, the words five hundred were struck after exceeding, and one thousand inserted. In the last line of sec. 31, the words seven years, or in the county jail not more than one year, were struck out, and ten years inserted. Secs. 32, 33 and 34, were added by the legislature. CHAP. 154. In sec. 3, line 3, the words railroad depot, were added, and a similar amendment was made to secs. 12, 13 and 14. Secs. 35, 36 and 37, were added by the legislature. CHAP. 155. At the end of secs. 3, 4 and 5, respectively, the words, for life, or any term of years, were struck out, and the words, not more than seven years, or in the county jail not more than one year, were substituted. CHAP. 158. Secs. 25, 26, 27, 28, 29 and 30, relating to the disturbance of religious meetings, were added by the legislature. CHAP. 159. In sec. 2, line 3, after the word drinking, the words, with any substance injurious to health, were struck out; and in sec. 4, line 3, after the word person, the words, which shall endanger the life of such other, were struck out. In sec. 5, line 3, after the word poisonous, the words, without having the word "poison" written or printed upon a label attached to the phial, box, or parcel in which the same shall be sold, or who shall sell and deliver, were struck out, and after the word having, in line 4, the words, the word "poison" and, were inserted. CHAP. 162. Altered in conformity to preceding amendments. In sec. 11, after the word time, in line 4, the words not exceeding one year, were inserted. CHAP. 163. Amended in conformity with preceding amendments, and so as to except from its provisions, cases cognizable by justices of the peace. In section 19, all after answer, in line 3, was added as an amendment. Sec 21, as reported, authorized the magistrate to take the recog nizance of a married woman, or minor, in his discretion, which provision was stricken out. CHAP. 164. In sec. 19, line 1, after the word jury, the words, with the names of the complainant and all the witnesses endorsed on the back thereof, were inserted as an amendment. CHAP. 165. In sec. 5, line 2, after the word death, the words, or for murder in the first degree, were inserted CHAP. 166, altered conformably to preceding amendments. CHAP. 167, as reported, provided for the holding of inquests by a coroner of the county. The proviso to sec. 4 was added as an amendment. CHAP. 168. Sec. 1 was added by the legislature. CHAP. 169. Sec. 4, as reported, prescribing the fees of criers in criminal cases, was struck out. All after the word expenses, in sec. 7, line 10, was added as an amendment. CHAP. 170. In sec. 10, after the word crime, in line 5, the words, or with murder in the first degree were added, and the same amendment was made in line 2, sec. 11. CHAP. 171. Sec. 2. as reported, contained an additional provision that during the time of such solitary imprisonment such convict should be fed with bread and water only, unless other food should be necessary for the preservation of his health, which was struck out. CHAP. 172. Sec. 20, was added by the legislature. Sec. 22 was amended, so as to allow the in spectors one dollar and fifty cents a day and traveling fees, instead of two dollars a day as reported. Sec. 50 was amended by adding the words, and such conuicts as cannot read, he shall cause to be instructed in the principles of reading, writing and arithmetic. Numerous other amendments were made to the report of the reviser, by the legislature, most of which are of no particular importance; and a large portion of which were made for the purpose of harmonizing the various provisions of the revision, with the important changes which were made in the judiciary system, and a reference to them here would be of no practical utility. ADVERTISEMENT. During the session of the legislature which commenced on the first Monday of January, in the year 1844, the attention of that body was directed to the condition of the general laws of the state, and an inquiry was instituted into the propriety of their revision and consolidation The former revision had been amended and modified by successive legislatures, until scarcely a single chapter remained as originally passed, and the numerous general statutes enacted in addition to, or amendatory of the revised statutes, had undergone so many mutations as to produce that state of confu sion and uncertainty in the laws, which is always a most fruitful source of vexation and ruinous litigation. These considerations, with other cogent reasons, which were set forth in the report of the committee to whom the subject was referred, induced the legislature to provide for a revision and consolidation of the general laws of the state. In pursuance of the act to provide for consolidating and revising the general laws of the state of Michigan, approved March 2, 1844, and the act amendatory thereof. approved March 12, 1844, the undersigned was, on the 13th of that month, appointed by nor, a commissioner, to prepare the revision therein provided for. The work was completed a reported to the legislature, printed in bill form, with marginal notes and references, at its anuual session in 1846, during which it was acted upon and passed as one entire act, with such alterations as the legislature thought proper to make, and was approved by the governor on the 18th day of May In pursuance of the act to provide for the publication of the revised statutes (published on page 759 of this volume) the undersigned was, on the 19th of May last, appointed by the governor, a commissioner, to superintend the publication of the revised statutes, together with the other matter specified in said act, and to prepare marginal notes to the sections, and an exact and copious index to the whole. This volume is now published in pursuance of that commission, and is the result of the enactments and labors above mentioned. The rapidity with which this work has progressed from its first inception to its final publication, occupying in all only about two years and nine months, when considered in connexion with the indispensable labor of examining and fully and deliberately investigating the reasons of every provision, whether new or old, proposed to be incorporated into it, with reference not only to its probable, but also to its possible effect, will afford an apology for any defects or imperfections which may be found to exist in it. The several parts of the report of the revisor were referred to committees as they were reported; but a considerable portion of it was taken up and acted upon, before those committees were prepared to report it back During the progress of the revision through the forms of legisla tion, from its first reading to its final passage, the legislature was also occcupied with the other business of the session, including several matters of great importance, and absorbing interest. This state of things, so unfavorable to the perfection of the details of a code of laws intended to be permanent, has resulted in producing several incongruities and discrepances, which it will require fu ture legislation to harmonize and correct. The following note indicates the principal alterations which were made by the legislature to the reviser's report, and is inserted as a matter of justice between the reviser and the legislature, that the labors of the one may not be credited or charged to the other; and also, as being calculated to afford some aid in determining the objects and intentions of the legislature, in cases where embarrassing doubts might otherwise arise as to the true meaning and intent of the makers of the law. Where words have been found in the enrolled copy which were evidently superfluous, they have been printed in italics. Where one word has evidently been mistaken for another, the mistaken word has been retained, and the word supposed to have been intended has been inserted immediately after it, in italics, and in parenthesis; and when a word has been found necessary to sustain the sense of the context, it has been supplied, and enclosed within brackets. References have been made in the margin to the session laws, upon the same subjects treated of in the revised statutes, under the proper head; but the former revised statutes, having been made the principal basis of the new revision, are not so referred to. Numerous adjudicated cases have been referred to, arising under similar provisions of statutes in other states, and some few cases decided in the supreme court of this state, although at the time this volume was printed, no reports of decisions in that court had yet been published. DECEMBER, 1846. SANFORD M. GREEN. Chapter 15. Of resignations, vacancies and removals, and of supplying vacancies, TITLE IV. Of Townships and Township Officers. Chapter 16. Of the powers and duties of townships, and election and duties of township officers, Chapter 17. Of the division of townships, Chapter 18. Of fences and fence viewers; of pounds and the impounding of cattle, Chapter 19. Of penalties for violating election laws, TITLE V. Of Taxes and Duties. 81 84 96 97 100 Chapter 20. Of the assessment and collection of taxes, 102 121 TITLE VI. Of Highways, Bridges and Ferries. Chapter 22. Of the officers having the care and superintendence of highways and bridges, and their general powers and duties, Chapter 23. Of persons liable to work on highways, and making assessments therefor, Chapter 24. Of the duties of overseers in regard to the performance of labor on highways, and of the performance of such labor or the commutation therefor, and application of moneys by the commissioners, Chapter 25. Of laying out, altering and discontinuing public roads, penalties, Chapter 27. Of the erection, repairing and preservation of bridges, 126 128 130 133 138 139 140 141 Chapter 29. Of the regulation of ferries, TITLE VII. Of the Regulation of Trade in certain cases. Chapter 30. Of the inspection of provisions and other merchandize, and re gulations respecting the sale thereof, Chapter 31. Of weights and measures, Chapter 32. Of bills of exchange and promissory notes, Chapter 34. Of money of account, and of the interest of money, and on judg Chapter 33. Of limited partnerships, ments, verdicts, &c., TITLE VIII. Of the Public Health. Chapter 35. Of the preservation of the public health, quarantine, nuisances, 143 153 156 157 160 |