ship for the year one thousand eight hundred and fifty-Tax roll to seven, and that he shall make a new tax roll therefrom in accordance with existing laws, and shall deliver the same, with the proper warrant affixed thereto, to the treasurer of said township, on or before the second Monday in February, one thousand eight hundred and fifty-eight. treasurer. Sec. 2. The treasurer of said township shall, within five, Duty of days after the receipt of said tax roll and warrant, pay over to the county treasurer of his county all moneys collected by him upon a former tax roll, and execute a bond according to law to the said treasurer. have Time exten ded for collection of act, taxes. Sec. 3. The township treasurer, when he shall complied with the provisions of section two of this shall proceed to collect the unpaid taxes levied in said roll, and the time for the collection and return of said taxes be extended to the last Monday of March, 1858, and the county treasurer of the county of Macomb shall make return, as in other cases, within fifty days from the time of the return made by the township treasurer. This act shall take effect immediately. [ No. 3.] AN ACT to amend section sixty-two of chapter seventeen of the Compiled Laws of eighteen hundred and fiftyseven, entitled "Of the assessment and collection of taxes." amended. SECTION 1. The People of the State of Michigan enact, Section That section sixty-two of chapter seventeen of the compiled laws of eighteen hundred and fifty-seven, entitled "Of the assessment and collection of taxes," be, and the same is hereby amended, so that the same shall read as follows: Sec. 62. If any township treasurer, ward collector, or Penalty.} other collecting officer in the city shall neglect or refuse treasurer.! to pay to the county treasurer the sums required by his warrant, or to account for the same as unpaid, as required Daty of Co. by law, the county treasurer shall, within ten days after the time when such payment ought to have been made, issue a warrant under his hand, directed to the sheriff of the county, commanding him to levy such sum as shall remain unpaid and unaccounted for, together with his fees for collecting the same, of the goods and chattels, lands and tenements of such township treasurer, ward collector or other collecting officer, and their sureties, and to pay the said sums to such county treasurer and return such warrant, within forty days from the date thereof. Sec. 2. This act is ordered to take immediate effect. Condition of injunction. [ No. 4. ] AN ACT to amend the Revised Statutes of 1846, and other statutes, so as to adapt them to the organization of the present Supreme Court, and to define more accurately the duties of Judges of the Circuit Courts and of Circuit Court Commissioners. SECTION 1. The People of the State of Michigan enact, That the following alterations and amendments be and the same are hereby made in the statutes of this State, that is to say the following sections of the revised statutes of 1846 shall be altered and amended as follows: CHAPTER 90. Section nineteen of chapter ninety shall read thus: If an application for an order that an injunction or a writ ne exeat issue be made to the circuit judge or any person authorized to grant the same, and such order be refused, in whole or in part, or be granted conditionally or on terms, no subsequent application for the same purpose and in relation to the same matter shall be made to any other circuit judge or any other person authorized to grant the same. Power to grant in Sec. 2. Section one hundred and nine of said chapter is hereby repealed, and the following enacted in its stead: The circuit judges, and each injuction master within the circuit for which he may be appointed, shall severally junctions, in have power to grant injunctions to stay proceedings at law. ed. Sec. 3. Section one hundred and forty-four of said chapter shall read as follows: whom vest peal. Bond to be Such appeal shall be claimed and entered [returned] with- Limit of apin forty days from the time of the making of such decree or final order; and the appellant shall, within said forty days, file with the register or clerk who entered such decree or order a bond to the appellee with sufficient sureties, to be approved by a judge of the circuit court or a circuit court filed and apcommissioner, and in such sum as such judge or commissioner shall direct, conditioned to pay, satisfy or perform the decree or final order of the supreme court, and to pay all costs, in case the decree or order of the circuit court in chancery shall be affirmed. Sec. 4. Section one hundred and forty-six of said chapter shall be so amended as to read as follows: proved. in relation When such appeal shall be perfected it shall be the Duty of Ok duty of the clerk or register, in thirty days thereafter, to to appeaks. make a copy of the bill or other pleadings, papers and proceedings in the cause, and transmit the same to the olerk of the supreme court whose office shall be nearest, by the usual traveled route, to the place where such circuit court was held, unless otherwise ordered by the supreme court or one of the justices thereof. Sec. 5. Section one hundred and forty-nine of said chapter is hereby repealed. Section fifty-seven of chapter ninety, and the act amendatory thereto, is hereby amended so as to read as follows: Sec. 57. Either party to a cause in chancery may, within may be ex Witnesses ten days after issue joined in said cause, apply to the ciramind on cuit court or to the circuit judge at chambers for an order ther party. for the examination of witnesses in open court, and upon elaim of ei served with Proviso. good cause shown, the court or judge may, by an order under his hand, direct the examination of witnesses in open court, and a certified copy of such order shall be served upon the Order to be solicitor of the opposite party within five days thereafter; ûve days. in which case no commission shall be issued, nor examination of witnesses had before a circuit court commissioner, but the cause shall be heard in its course on the calendar by examination of witnesses in open court, unless the -court, on legal cause shown, shall otherwise direct as in a suit at law: Provided, That if an application shall not be made to the court or judge within ten days after the joining of issue as aforesaid, and a certified copy of said order served upon the solicitor of the opposite party within five days after the date of said order as aforesaid, a commission may be issued and the testimony of the witnesses in said cause taken before a circuit court commissioner, as provided by the rules and practice of said court: And provided further, That in case any cause in chancery shall be so tried in open court, either party shall be entitled to make and settle a case, setting forth the evidence at large before the judge who tried the same, at such time and in such manner as said judge shall direct, or as shall be prescribed by the rules of said court. And upon the making and filing of such case within three months after such trial, the same shall be taken and deemed to be the evidence in said cause, to the same extent and with like effect as if the said testimony had been taken before a circuit court commissioner and certified by him. Proviso. Section eighty of said chapter is hereby amended so as to read as follows: Sec. 80. After the filing of a bill, the circuit judge or circuit court commissioner shall make an order for the appearance of a defendant, at a future day therein to be specified, as hereinafter directed in the following cases: When the defendant resides out of this State, upon proof ordering the by affidavit of that fact; appearance] of a defendant in cer When the defendant is a resident of this State, upon tain cases. proof by affidavit that the process for his appearance has been duly issued, and that the same could not be served by reason of his absence from, or concealment within this State, or by reason of his continued absence from his place of residence. CHAPTER 95. Sec. 6. Section four of chapter ninety-five shall be so altered and amended as to read as follows: Circuit co'rt authorized the duties of judge. Circuit court commissioners, qualified according to law, commiss'n'r shall severally be authorized and required to perform all to perform the duties and to execute every act, power and trust which circuit a judge of the circuit court may perform and execute out of court, according to the rules and practice of such court, and pursuant to the provisions of any statute, in all civil cases, except as herein otherwise provided. Sec. 7. Section five of said chapter shall be so altered and amended as to read as follows: When not perform But when any power is given in express terms, by any allowed to statute, to a circuit judge or to circuit judges, without such duties. naming circuit court commissioners in such statute, such commissioners shall not be authorized to exercise any such powers. Sec. 8. Section twelve of said chapter is so altered and amended as to read as follows: Order issued application voked. If an application for any order be made to any justice on second of the supreme court, judge of a circuit court, or circuit shall be recourt commissioner, and such order be refused, in whole or in part, or granted conditionally or on terms, no subsequent application in reference to the same matter and in the same stage of the proceedings, shall be made to any other circuit |