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creditors.

Executors and administrators may become petitioning Petitioning creditors for the discharge of an insolvent, under the order of the judge of probate, to whom they may be liable to account, or of a judge of the circuit court; and shall be chargeable only for such sum as they shall actually receive on the dividend of the insolvent estate.

Sec. 26. Section six of said chapter is altered and amended so as to read as follows:

Every such petition may be presented to a judge of the Petition. circuit court, or a circuit court commissioner.

CHAPTER 162.

Sec. 27. Section one of chapter one hundred and sixtytwo, is altered and amended so as to read as follows:

may be re

the preser

pcace.

The justices of the supreme court, the several circuit Security judges, circuit court commissioners, all mayors and record-quired for ers of cities, and all justices of the peace, shall have vation of power to cause all the laws made for the preservation of the public peace, to be kept, and in the execution of this power, may require persons to give security to keep the peace in the manner provided in this chapter.

CHAPTER 163.

Sec. 28. Section one of chapter one hundred and sixtythree is altered and amended so as to read as follows:

sue process, in whom

vested.

For the apprehension of persons charged with offences, Power to isexcepting such offences as are cognizable by justices of the peace, the justices of the supreme court, the several circuit judges and circuit court commissioners, mayors and recorders of cities, and all justices of the peace, shall have power to issue processes to carry into effect the provisions of this chapter.

Sec. 29. Section twenty-six of said chapter is altered and amended so as to read as follows:

mit to bail

Officers before whom persons charged with crime shall Power to be brought, shall have power to let them to bail, as follows:

In whom vested.

Bail.

suit.

Any justice of the supreme court, judge of a circuit court, circuit court commissioners, in all cases, except for capital offences, or for murder in the first degree, where the proof is evident or the presumption great;

Any justice of the peace, or mayor or recorder of a city, in all cases where the punishment for the offence charged shall be less than imprisonment for life in the State prison.

Sec. 30. The second section of the act entitled "an act to provide for the transfer of causes from one circuit court to another, in certain cases," approved February twelfth, one thousand eight hundred and fifty-five, is altered and amended so as to read as follows:

Transfer of Any party desiring to transfer any such suit or proceeding as is hereinbefore mentioned, may apply to a circuit court commissioner of the county where said suit is pending, or to the judge of any adjoining circuit, who is not within the disqualifications mentioned in the first section of this act, for an order to transfer such suit; such application shall be in writing and shall set forth the grounds specifically for such transfer. The parties to any such suit may, by stipulation in writing, consent to the tranfer of such suit or proceeding without any application to the judge or commissioner; in which case the stipula tion shall have the same effect as an order duly made for such transfer under the provisions of this act, Approved January 29, 1858,

[ No. 5. ]

AN ACT to amend an act entitled "an act to define the limits, jurisdiction and powers of Circuit Courts," approved April 8, 1851.

SECTION 1. The People of the State of Michigan enact, That section one, of an act entitled "an act to define the

limits, jurisdiction and powers of Circuit Courts,' approved April 8, 1851, be amended so that said section shall read as follows:

circuits.

SECTION 1. The People of the State of Michigan enact, Limits of That the State shall be composed of ten judicial circuits, to be denominated the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth circuits, respectively, and to be composed as follows:

The first circuit shall be composed of the counties of Monroe, Lenawee and Hillsdale.

The second circuit shall be composed of the counties of Branch, St. Joseph, Cass and Berrien.

The third circuit shall be composed of the counties of Wayne and Cheboygan.

The fourth circuit shall be composed of the counties of Washtenaw, Jackson and Ingham.

The fifth circuit shall be composed of the counties of Eaton, Calhoun, Kalamazoo and Van Buren.

The sixth circuit shall be composed of the counties of St. Clair, Macomb, Oakland and Sanilac.

The seventh circuit shall be composed of the counties of Livingston, Shiawassee, Genesee, Lapeer, Tuscola and Saginaw.

The eighth circuit shall be composed of the counties of Ionia, Clinton, Kent, Montcalm and Barry.

tached for

poses.

The ninth circuit shall be composed of the counties counties at of Allegan, Ottawa, Newaygo, Oceana, Mason, Manistee, certaiu pur. Manitou, Grand Traverse, and the following unorganized counties shall also form a part of said circuit, and be attached to the following organized counties for judicial and municipal purposes-to the county of Grand Traverse there shall be attached for the purposes aforesaid, the counties of Emmet, Charlevoix, Antrim and Kalcaska-to to the county of Manistee there shall be attached for the purposes aforesaid, the counties of Wexford and Missau

Ib.

Election of circ'it judge

versity.

kee-to the county of Mason, shall be attached for the purposes aforesaid, the county of Lake-to the county of Newaygo there shall be attached for the purposes aforesaid, the counties of Mecosta and Osceola.

The tenth circuit shall be composed of the counties of Gratiot, Isabella, Midland, Iosco and Alpena, and the following unorganized counties shall also form a part of said circuit, and be attached to the following organized couuties for judicial and municipal purposes-to the county of Midland, there shall be attached for the purposes aforesaid, the counties of Arenac, Gladwin, Clare and Roscommonto the county of Iosco, there shall be attached for the purposes aforesaid, the counties of Ogemaw, Oscoda, Alcona and Crawford-to the county of Alpena, there shall be attached for the purposes aforesaid, the counties of Otsego, Montmorency and Presque Isle.

Sec. 2. There shall be elected on the first Monday of and regent April, in the year one thousand eight hundred and fiftyeight, one circuit judge and one regent of the University in each of the ninth and tenth judicial circuits, as organized by the provisions of this act, in the manner provided for the election of judges and regents of the University in the several circuits of the State, according to the provisions of an act entitled "an act to provide for the election of circuit judges and regents of the University," approved March 10, 1851, and the subsequent elections for such officers, and the termination of their respective terms, shall be at the times required by the constitution for judges and regents in other circuits, and each of the judges for said circuits respectively, shall, on or before the Judges to fix first day of June, A. D. 1858, and every two years thereholding after, fix and appoint the time of holding the several terms within his circuit for the period of two years, which appointment when so made, shall remain unalterable for two years thereafter, and he shall immediately transmit to the

the time for

courts.

county clerk of each county within his circuit, a notice of the appointment of terms so made by him, and it shall be the duty of said clerk to preserve and file such notice, and said county clerk shall cause a copy of such notice to be Duty of Co. posted in some conspicuous place in his office, at least six successive weeks before the holding of any term in pursuance thereof.

Sec. 3. All acts and parts of acts contravening the provisions of this act, are hereby repealed.

This act shall take effect immediately.
Approved January 29, 1858.

[No. 6.]

clerk.

State Treas

tract for

redeemable.

AN ACT authorizing a loan to pay those parts of the State indebtedness falling due before and on the first day of January, A. D., (1859,) eighteen hundred and fiftynine, and providing for a temporary loan, if necessary. SECTION 1. The People of the State of Michigan enact, Governor & That the Governor and State Treasurer are hereby au- urer to conthorized and directed in the name and behalf of the loans. people of this State, to negotiate and contract for a loan or loans not exceeding in all two hundred and sixteen thousand dollars, redeemable at the pleasure of the State, at any time after the expiration of twenty years from and When to be after the first day of July, in the year one thousand eight hundred and fifty-eight, on the best and most favorable terms and conditions, that in their judgment can be obtained, at an interest not exceeding six (6) per centum per Rate of inannum, payable half yearly, to be expended and applied solely in taking up and canceling outstanding bonds issued Funds, how pursuant to the provisions of an act entitled “an act to provide for the relief of the Detroit and Pontiac railroad company," approved on the fifth day of March, in the year A. D. (1838) eighteen hundred and thirty-eight; outstanding bonds issued pursuant to the provisions of an act enti

terest.

to be appli-1

ed.

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