OF THE TERRITORY OF MICHIGAN. VOL. IV. SUPPLEMENT AL. Embracing all Laws enacted by the Legislative Authority of the Territory, not printed in Vols. I., II., and III., Territorial Laws, being Acts from 1806 to 1811, and also those Passed at the Special Session of the 6th Legislative Council, August 17ti —25th, 1835. BY AUTHORITY. LANSING: W. S. GEORGE & CO., STATE PRINTERS AND BINDERS. 1884. TITLE AND DATE OF APPROVAL OF ACTS CONTAINED IN THIS VOLUME. IDATE OF APPROVAL. AC TS. PAGE. ear. Day and ear. Month. An act concerning the town of Detroit.... —-... 1806 Sept. 13 3 An act concerning the city of Detroit... -. —------ -- " 13 3 An act concerning the surveyor of Michigan "... di 14 6 An act concerning the bank of Detroit.-. - --......... — " " 19 7 An act in addition to an act entitled "An act concerning the militia of Michigan" O. — -.. ------ Octob'r 7 10 An additional act concerning highways and roads. " " 24 10 An act concerning certain appropriations.. — " Nov. 3 10 An act making certain appropriations for the service of the years one thousand eight hundred five, six, and seven...... Dec. 8 12 An act to repeal certain parts of the act relative to ferries, taverns, retailers, auction's, and taxes. —-------- -------—. " 11 12 An act concerning attachments and absent defendants —. " 12 13 An act to prevent certain acts hostile to the peace and tranquility of the United States within the jurisdiction of this Territory - ------------------- ------------------------ _. 1807 Jan'y 23 15 An act concerning the appointment and duties of an Attorney General. " 29 15 An act making certain appropriations. —-------—.. —--- ". March 20 15 An additional act concerning district courts..... — " April 2 15 An act concerning religious societies.- ---------- I " 3 16 An act repealing part of the additional act concerning district courts - - " 13 17 An additional act concerning compensations - - " " 14 17 An additional act concerning the recovery of small sums to the amount of twenty dollars..- " 16 18 An additional act concerning compensations ---------------- " May 7 18 An act making certain appropriations. No date giv en.19 An additional act concerning the town of Detroit. - 1807 May18 19 An act repealing part of the act relative to the marshal..... " 22 19 An act making appropriations for the service of the year 1808 " June 2 20 An act to repeal a certain appropriation - -- - " 2 20 An additional act concerning compensation.-.-. —--- —."..- - " 2 20,An act concerning the taxes of the year 1808 -. " I " 2 21 An act to fix the time of meeting of the Legislature of the Territory of Michigan and for other purposes. --- - - 1808 Nov. 9 21 An act for the punishment of crimes and misdemeanors ----- " Dec. 9 22 An act to repeal an act for the encouragement of literature and tihe improvenient of the town of Detroit -. —-------- " 10 34 An act in addition to an act making appropriations for the service of the year 1808... X....- "- 10. 34 An act concerning limitations to claims for donation lots in the city of Detroit.................................. — ---- " 15 34 An act for laying out and opening a road from the city of Detroit to the foot of the rapids of the Miami, which enters into Lake Erie.- " " 19 35 iv TITLE AND DATE OF APPROVAL OF ACTS. TITLE AND D&TE OF APPROVAL OF ACTS.-CONTINUED. DATE OF APPROVAL. ACTS. PAGE. Year. Day and Month. An act in addition to an act entitled " An act concerning the militia of the Territory of Michigan" - - - 1808 Dec. 21 36 An additional act concerning compensation.-.-....., - 27 38,An act to provide for the assessment and collection of a territorial tax,-, -----—, " 27 38,An act prescribing the mode of assessing and collecting taxes within this Territory........................... — -. 1809 Jan'y 17 40 An act concerning highways..............................- - - 18 43 An act for the probate of wills and the settlement of testate and intestate estates............................- ----—... 31 46 An act for the support of the poor........................... Feb'ry 1 46 An act for the maintenance and support of illegitimate children,.-,,-,-, —-, —----------------— " - 4 46 An act subjecting real estate to the payment of debts " 4 48 An act directing the mode of taking inquisitions on the body of a person found dead by casualty or violence.. ---- 9 48 An act concerning ferries -, —------...... —---------—. —-- 9 51 -An act concerning the treasurer of the Territory of Michigan 9 51 An act concerning tavern keepers.......................... —--- 9 51 An act concerning auctions,.-... -- - - 9 52 An act concerning the militia of the Territory of Michigan - - 10 54 An act defining the powers of justices of the peace in causes of a civil nature..-.-.-.... 16 54 An act concerning depositions and witnesses..................18 54 An act concerning jails and jailors —. - - - — 18 57 An act concerning attachments. -. —-—. —----------- 18 57 An act concerning the Supreme Court of the Territory of Michigan ----- 18 567 An act concerning executions.,-..,, i —-. —-—. —--—.18 57 An act concerning minors —------- 18 59 An act concerning marshals....................... ---- 18 60 An act repealing an act concerning aliens. -.... ---— 21 60 An act concerning trustees of concealed or absconding debtors 21 60 An act concerning the recording of deeds and other writings 21 60 An act concerning interest on contracts.. —------------- 21 61 An act concerning district courts —.-,.. —. —------- 21 62 An act concerning attorneys-. -.. - -23 62 An act for the limitations of suits on penal statutes, criminal prosecutions, and actions at law, —----—. —------------- - 23 62 An act concerning jurors.. —- -......................23 66 An act concerning forcible entry and detainer.... ——. —---- 23 68 An act concerning forms of writs and other process,........ 23 71 An act regulating enclosures - -................... —- 24 80 An act repealing certain acts therein named.................. -- 24 82 An act making appropriations for the year 1808 and 1809.. 26 84 An act regulating fees.,............................... —-—........ 26 85 An act concerning schools -. -,- ---------- -. 26 90 An act making certain appropriations ----------------- May 11 91 An act concerning the service of writs. —-- ---- - 11 92 An act declaring any and all bills, acts, laws, enactments, or regulations whatever, heretofore existing or supposed to exist, relating to the manner of authenticating the legislative acts of this government, to be null as to any future operations. —---------- -- -------------- -----—. 1810 Sept. 1 92 An act concerning illegitimate children ------------- 4 93 An act to fix the compensation of counsel and attorneys at law I in the Supreme Court of the Territory of Michigan-.. —.. " 7 93 An act declaring what shall be deemed a lawful enclosure for preventing trespasses and concerning partition fences and estrays ------------------—, —----------- - - - - - - - - - - 2 9 TITLE AND DATE OF APPROVAL OF ACTS. v TITLE AND DATE OF APPROVAL OF ACTS.-CONTINUED. DATE OF APPROVAL. ACTS. PAGE. Year. D~Day and Month. An act to regulate the internal government and police of the several districts in the Territory of Michigan ------------- 1810 Sept. 14 96 An act to repeal all acts of the parliament of England and of the parliament of Great Britain within the Territory of Michigan in the United States, and for other purposes —- i. 16 97 An act rendering territorial offices incompatible with offices under the general government. —------------------ —.. — 16 97 An act to abolish the courts of districts and to define and regulate the powers, duties, and jurisdiction of justices in matters civil and criminal.-........................ it i.16 98 An act concerning forcible entry and detainer-. i 22 102 All act to amend an act entitled "An act concerning the Supreme Court of the Territory of Michigan" 1811 Jan'y 14 107 An act to authorize the sale of certain lands. —-----—. — - -- 1835 Aug. 20 111 An act to incorporate the River Raisin and Grand River railroad company and for other purposes. —------------------. " 22 112 An act to provide for the payment of expenses incurred in sustaining the supremacy of the laws of Michigan in the disputed territory —". —----—.. —------ -. "i c 24 122 An act to authorize a certain loan upon the credit of the Territory of Michigan. —..............................-........ " 24 123 An act in addition to an act to amend the several acts now in force regulating the election of a delegate to the C(*gress of the United States and the election of members of the legislative council of this Territory and for other purposes. "I 24 123 An act to incorporate the Macomb and Saginaw railroad company and for other purposes — i." " 24 124 An act to authorize the building a dam across the Manitoowoc river in the county of Brown. -- " 25 134 An act to organize the counties of Allegan and Milwaukee.... " 25 136 An act making certain appropriations out of the territorial treasury.-.-..... " 25 137 An act to incorporate the Wisconsin internal improvement company -- —..... "........... "i 25 138 An act to authorize the granting of administration oil the estate of Daperon Baby, deceased.-...... "25 141 An act to amend an act eptitled " An act to incorporate the village of Monroe," approved April 12, 1827..I 25 141 An act to amend an act entitled "An act to incorporate the Detroit and St. Joseph railroad company" -". A -.....". 25 142 An act to incorporate the Detroit and Maumee railroad company. -- i 25 147 An act to amend an act entitled "An act to authorize the building of a dam across the Flint river," approved March 30,1835..-.........................................- " -"- 25 153 An act to amend an act to incorporate the Maumee Branch railroad company. —-------------- -.-." —-- 25 153 An act to locate the seat of justice for the county of Genesee_ 25 154 An act to amend an act entitled "An act to provide for defraying the public and necessary expenses in the respective counties of this Territory and for-other purposes.-. — — " — 25 154 An act to authorize the building of a dam across the St. Joseph river at Niles.......................... — -.. 25 154 An act to amend an act entitled "An act to incorporate the Shelby & Detroit railroad company," approved March 7, 1834. —.-........................................, " 251 155 An act to incorporate the Maumee Branch railroad company_ " 25 156 An act to provide for the compensation of the officers of the special session of the sixth legislative council and for other purposes -. —----------------- c. 25 162 PREFACE. In the preface to the compilation of the Territorial laws of Michigan, made in 1874, the compiler states that in 1870 the Board of Auditors ordered a reprint of those laws prior to the compilation of 1827. It was taken for granted that the printed laws extant contained all laws that were of value. This reprint was made, but there were many omissions and needless repetitions. In 1873 the Legislature provided for the collection and printing of all the Territorial laws. This the compiler in his preface states has been accomplished with the exception of twenty-six acts, of which the titles and dates of adoption were known. Since then manuscript, not heretofore known to be in existence, has been discovered, embracing Legislation of the Governor and Judges, or, as they were sometimes called, the Legislative Board, from 1805 to 1811, included in which are all of the acts mentioned by Mr. Cook as missing, thirteen acts not known to have been adopted; fourteen acts of which only the title or a digest of has heretofore been printed, are here given in full, twentynine acts printed in full in other of the preceding volumes are here inserted, as they occur in the manuscript, by title only, with foot notes to show where they may be found. The second part of this volume contains the acts passed at the special session of the Sixth Legislative Council of the Territory held in Detroit August 17August 24, 1835. Although the same were printed at the time, the copies seem to have disappeared and their existence been overlooked. The original acts of this session, with the exception of one, are on file in this office and were in the possession of the compiler of 1874, who, for some unexplained reason, did not see fit to incorporate them in his work. It is confidently asserted that this volume contains all heretofore missing from the compilations of the laws of the Territory of Michigan, and that the same are now complete in all respects. OFFICE OF THE SECRETARY OF STATE, H. C. T. Lansing, March 9, 1884. OF THE TERRITORY OF MICHIGAN.8,,6. AN ACT concerning the town of Detroit.* No. 1. Sept. 13. No. 2. AN ACT concerning the city of Detroit. t Sept. 13. Be it enacted by the Governor and the Judges of Michigan, ThatBoundaries. the town of Detroit, that is to say the section laid off, surveyed, and numbered from time to time, under the act entitled, "Anl act concerning the town of Detroit," shall be a city, and the government thereof as such shall be vested in a Mavyor, to hold his office Mayor. for one year, and to be appointed and commissioned by the Governor; and in a city council, which shall consist of two chambers, City council; the first chamber of which shall be composed of three members, First chamber. to be elected annually by ballot, on the last Monday in September, Annualelection. by the inhabitants of the said city above the age of twenty-oneQualficationof years, and having resided within the same one year, and paid their voters. public taxes; and the second chamber of which shall be composed Second of three members, to be elected annually by ballot on the last Mon- chamber. day in 5March, by the inhabitants similarly qualified: Provided, That Proviso. the first election of the second clalnber shlall be held on the first Monday in October next, and the members shall continue in office until the next annual election in March: And provided, That the Proviso. number of members in the respective chamnbers. and the manner of electing them shall afterwards be as prescribed by the city council by law..A majority of each chamber shall be a quorum for the Quorum, how transaction of business, but a smaller number may adjourn from constituted. time to time and compel the attendance of absent members and Vacancy, how issue warrants to supply any vacancy in their respective chambers. supplied. Each chamber shall elect its own president and other officers, President, etc. and judge of the elections, returns, and qualifications of theirElection; qualiown members, and may, with the concurrence of two-thirds of 11cation and the whole, expel any member for disorderly behavior or mal-con-members*Printed in full on page 283, vol. 1, Ter. Laws. See also Cass' Code, p. 141, vol. 1, T. L. tSee Cass code, page 142, vol. 1, Ter. Laws, and page 221, vol. 2, Ter. Laws for earliest acts relative to city of Detroit heretofore published. 4 TERRITORIAL LAWS. 18s06 duct in office, but not a second time for the same offense. Each Journal. chamber shall keep a journal of their proceedings, and the names of those voting in. the affirmative and of those voting in the negative on any question, at the request of any member, shall be Elections,time entered on the journal. Elections shall be held by the mayor and mode of, et md c. between the rising and setting of the sun, and the ballots shall be opened and counted on the day succeeding the election in the presence of the two chambers, and the members elected shall be Term of office notified by the mayor of their election, and shall commence their commences. functions on the first Monday in October, and the first Monday in Proviso. April respectively after their election Provided, That at the first election the presence of the two chambers shall not be required at the opening and counting of the votes, and the members of the second chamber shall cornm mence their functions inmediately after their notification of their election by the mayor, the same being adopted from the laws of one of the original States, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of the l'erritory of Michigan. Mayor vested And be it enacted, That every bill or act having passed by a pwithwer.o majority of both chambers, before it become a law, shall be presented to the mayor, and if not approved by him, shall not take effect or become a law, but shall be returned with his objections to the chamber which it last passed, within ten days after its presentation to him, and if not so returned it shall become a law, unless the city council, by adjournment, prevent its return. The mayor may at any time convene the city council if the public good Mayor,power require their deliberations. The niayor shall appoint and cornand duties. mission all officers created by the laws of the city, the same being adopted from the laws of one of the original States, to wit, the State of Maryland, as far as necessary and suitable to the circumstances of Michigan. seal. And be it enacted, That the city council shall have power to make and use a common seal, alterable at their pleasure, to be deposited with the mayor, and affixed by him where necessary; May sueand be and shall be capable, in the name of the mayor of Detroit, to sue sued, hold prop- and be sued in courts of law and equity, and in the same name erty, etc. Name. shall have succession, and shall be capable to acquire, hold, and alien property, real and personal; the same being adopted fronm the laws of one of the original States, to wit: the State of Maryland, as far as necessary and suitable to the circumstances of Michigan. Powers of And be it enacted, That the city council of Detroit shall have council. power by law to provide the manner of compelling the attendance Absentmem- of absent members, to prevent and remove nuisances, to provide Nuisances, for the health of the city, to establish watch and patrols, and hepatrols, light- erect lamps, to regulate the stationing, anchorage, and mooring Ing. of vessels, and the discharge and laying of ballast from ships and Vessel regulations. vessels, to provide for licensing and regulating hackney carMarkets, riages, wagons, carts, and drays, and theatrical and other public bridges. azmusements, to establish and regulate markets, to erect and Streets, parks. repair bridges, to make, name, and keepin repair all streets, lanes,' Lanais hieroQ~~......nms.k l.An 11 l-,~,n,;.l,~n.,i,,3.11 oh-raaR. ]oaal TERRITORIAL LAWS. 5 avenues, and public spaces of ground in conformity to the plan of 1806. the city, to make regulations for landing and laying materials for Building matebuilding said city, for disposing and laying earth which mav be rialsandregulsadug out of the wells, cellars, and foundations, and for ascertain- i ing the thickness of the walls of houses, to erect and keep in repair drains and sewers, and to make regulations necessary for Sewers. the preservation of the same, to regulate weights and measures Weightsand in conformity to the constitution and laws of the United States, measures. and of Michigan, to regulate the cleaning of chimneys, to pro- Chimneys. vide for the prevention and extinction of fires, and to establish Fire companies. and regulate fire companies and wards, to establish and regulate the size of bricks made or used in the said city, to provide for Bricks. regulating the measuring of boards, planks, scantling, timber, and Lumber. lumber of every kind, to regulate the measuring of coals and fire- Fuel. wood, and the weighing of hay, to sink wells, and erect and repair Hay. pumps, to impose and appropriate fines and forfeitures for breach Wells. of their laws recoverable before justices, where not exceeding Fines. twenty dollars, and before courts when exceeding that sum; to establish and regulate the inspection of flour, tobacco, potash, Flour, tobacco, and salted provisions; to regulate the gauging of casks and liquors, Liquor. the storage of gunpowder, not the property of the United States, Powder. or of Michigan; to regulate the weight and quality of bread, not Bread. affecting the price; to preserve the navigation of the river Detroit, Navigation of river. adjacent to the city, to erect, repair, and regulate public wharves, Wharves. and to deepen docks and basins; to provide for the education of Educationof youths, to lay and collect taxes, and to pass all laws necessary to give Taxes. effect and operation to their powers; the same being adopted flrom Laws. the laws of one of the original States, to wit: the State of Maryland, as far as necessary and suitable to the circumstances of Michigan. And be it enacted, That all lands belonging to minors, persons Landsbelonglug to minors, absent, out of the territory, married women, or persons non con- etc.' poles mentis, shall be subjected to the same terms and conditions as other proprietors. In every case where the proprietor is an Howallotted. infant or married woman, insane, absent out of the territory, or shall not attend on three nionths' notice, the governor, and the judges, or any three of them may allot and assign the portion or share of such proprietor, as near the old situation as may be, and to the full value of what the party naight claim under the general terms and conditions of other proprietors: Provided, In the case of Proviso. coverture and infancy, if the husband, guardian, or next friend will agree with the public, then an effectual division and allotment may be made, by consent, and in case of contrary claims, if the claimants will not jointly agree, the proceedings shall be the same as if the proprietor was absent, and all persons to whom allotinents and assignments shall be made on consent and agreement, or pursuant to this act without consent, shall hold the same in their former state and interest in lieu of their former quantity. In all cases where the proprietor or possessor is tenant in right of Tenantinright dower, or by the courtesy, the annual value of the lands, and the of dower, etc. gross value of such estate therein shall be ascertained as in other 6 TERRITORIAL LAWS. t8is 0 cases, and upon paying such gross value, or securing to the possessor the payment of the annual valuation, at the option of the proprietor or possessor, the public shall be vested with the whole estate of such tenant for squares, avenues, streets, lanes, or Certificates other public uses. Certificates granted of allotments, assignments, sufficient title. or purchases, with acknowledgments of the payment of all purchase money and interest being recorded, shall be sufficient to vest a legal estate without any more formal conveyance; the same being adopted from the laws of one of the original States, to wit: the State of Maryland, as far as necessary and suitable to the circumnstances of Michigan. Register of And be it enacted, That the governor of Michigan shall appoint deeds, appointment, duties, and commission a register for recording deeds and other writings powers, etc. within the said city, and all divisions and allotments of lands and lots made in pursuance of this act, and the register shall receive the same compensation as are or may be allowed to the clerk of the Supreme court inl similar cases, and the governor may make a seal of office of the said register, which shall be kept by him; the same being adopted from the laws of one of the original States, to wit: the State of Maryland, as far as necessary and suitable to the circumstances of Michigan. Providing for Artd be it enacted, That on sales of lots in the said city under second sale of lots when not terms, or conditions of payment being made therefor at any day or promptly paid days after such contract entered into, if any sum of the purchase money or interest, shall not be paid for the space of thirty days after the same ought to be paid, the same lots may be re-sold at vendue, at any time after sixty days' notice of such sale; the principal and interest due on the first contract, together with the expenses of advertisements and sale shall be retained, and the balance paid to the original purchaser, or his heirs or assigns, and all lots so sold shall be freed and acquitted of all claims legal and equitable of the first purchaser, his heirs and assigns; the same being adopted from the laws of one of the original States, to wit, the State of Maryland as far as necessary and suitable to the circumstances of Michigan. Adopted and published at Detroit the thirteenth day of September, one thousand eight hundred six. Attest: WILLIAiM HULL, PETER AUDRAIN, Governor of Michigan. Secretary oj the Governor and AUGUSTUS B. WOODWARD, Judges in their legislative Chief Judge of Michigan. departiment. FREDERICK BATES, Senior Associate Judge of Michigan. -pNo. 3. AN ACT concerning the surveyor of Michigan.* Sept. 14. Be it enacted by the Governor and the Judges of Michigan, In pursuance of the act of congress of the United States, entitled, * See Cass code page 221, volume 1, Territorial Laws. TERRITORIAL LAWS. 7 "An act to provide for the adjustment of titles of land in the 1800. town of Detroit, and territory of Michigan and for other purposes" that there shall be a surveyor of Michigan to be appointed Appointment. and commissioned by the governor, whose duty it shall be to lay To lay out town out, survey, mark, and bound the town of Detroit agreeably to ofDetroit, etc. the provisions of an act entitled "An act concerning the town of Detroit," and all lands, lots, sections, avenues, streets, lanes, squares, and public spaces of ground within the same. It shall.be Other duties. the duty of the said surveyor to lay out and survey all adjudicated claims to lands, both within the city of Detroit and within the territory of Michigan; to lay out, survey, mark, and bound all public lands which are or may become the property of the territory; to lay out, survey, mark, and bound all public roads, to execute all orders of court relating to surveying, and all directions of the legislative authority of the territory from time to time, all directions of the governor and the judges of the territory, and of the mayor of Detroit, and the city council of the same; and generally all public business of every kind relative to surveying. He Appointment of shall have power to appoint such deputies as he may deem expe- deputies. dient. The surveyor and his deputies, in addition to the oath to Oath. support the constitution of the United States, shall take an oath well and faithfully to execute their offices. Fair plots and certificates of all surveys shall be made and recorded. Made and published at Detroit the fourteenth day of September one thousand eight hundred six. Attest: WILLIAM HULL, PETER AUDRAIN, Governor of Michigan. Secretary of the Governor and AUGUSTUs B. WOODWARD, Judges in their legislative Chief Judge of Michigan. department. FREDERICK BATES, Senior Associate Judge of Michigan. AN ACT concerningthe bank of Detroit. No. 4. Sept. 19. Be it enacted by the Governor and the Judges of Michigan, That a bank shall be established at the city of Detroit, the capital stock Capital stock. whereof shall not exceed one million of dollars, divided into ten thousand shares, and subscriptions towards constituting the said stock shall, on Saturday, the twentieth day of September, in the Subscriptions present year, be opened in the city of Detroit, under the superin- etc. tendance of such person or persons, not more than two, as shall be appointed for that purpose by the Governor. It shall be lawful for any person, copartnership, or body politic to subscribe for so many shares as he, she or they shall think fit. The subscription shall be closed in four days from the evening of the same, that is to say, at sunset, on Wednesday, the twenty-fourth day of September, in the present year. The same being adopted from the laws of two of the original States, to wit: the States of Maryland * This act was disapproved by Congress March 3, 1807, although as will be seen by subsequent acts the Territory had subscribed for shares and partly paid for same. 8 TERRITORIAL LAWS. 1806. and Virginia, as far as necessary and suitable to the circumstances of Michigan. And be it further enacted, That all those who shall become subBody corporate. scribers to the said bank, their successors and assigns shall be, and are hereby created and made a body corporate by the nlame of the President, Directors, and Company of the Detroit Bank, and shall Name. so continue until the expiration of one hundred and one years from Toexist. and after the passing of this act, and by their name aforesaid shall Sueandbe sued, be capable to sue and be sued in courts of law and equity; to etc. acquire, hold, and alien lands, tenements, and hereditaments, and persoaal goods and effects of every kind, provided their real propProviso. erty at no time exceed the value of fifty thousand dollars; to make and use a common seal alterable at their pleasure, and to enact Shall enact and give effect to such laws as may be necessary and convenient by-laws, etc. for the government and regulation of the said corporation not being contrary to the constitution and laws of the United States, or of Michigan. The same being adopted from the laws of six of the original States, to wit: the States of Kentucky, Maryland, Massachusetts, New York, Pennsylvania, and Virginia, as far as necessary and suitable to the circumstances of Michigan. And be it enacted, That for the well ordering the affairs of the Officers. said corporation, there shall be a president and four directors who shall be elected in the present year on the last Saturday of SeptemEow elected, ber, and thereafter oil the first Monday in July, annually, by the etc. proprietors of the capital stock of the said corporation, by the plurality of the votes actually given. Absent stock-holders may vote by proxy authorized in writing. The number of votes to which each proprietor shall be entitled shall be according to the number of shares he shall hold, each share giving one vote. After the first election no share shall confer a right of suffrage which shall not have been holden three months previous to the day of election. In case an election of president and directors shall not be made upon any day when it ought to have been made, an election shall be held on any other day in such manner as may be regulated by the laws of the said corporation, and in the same manner vacancies shall be supplied. T'he same being adopted fromr the laws of two of the original States, to wit: The States of Maryland and Virginia, as far as necessary and suitable to the circumstances of Michigan. And be it enacted, That the President and Directors shall have Powers of powers to appoint and compensate such officers and clerks as shall pdireident and be necessary, and of exercising all other powers and authorities for the well governing and ordering the affairs of the said corporation. A majority shall constitute a quorum for the transaction of busiQuorum. ness. A number of stockholders who together shall be proprietors Meeting may be to the amount of twenty thousand dollars, shall have power at any called by stock- time to call a general meeting of the stockholders, giving at least four months' previous notice, in at least one public gazette, and specifying in such notice the object or objects of such meeting. Cashier and The cashier or treasurer shall give bond with two or more sureties treasurer's to the satisfaction of the president and directors, in a sum not less than ten thousand dollars, with condition for his good TERRITORIAL LAWS. 9 behavior. The lands, tenements, and hereditaments, which it 18O6. shall be lawful for the said corporation to hold, shall be only such Conditionsof as shall be requisite for its immediate accommodation, for tile holdinglanas, convenient transaction of business, and such as shall have been mortgaged to it by way of security or conveyed to it in satisfaction of debt previously contracted in the course of its dealings, or purchased upon judgments which shall have been obtained for such debts. The stock of the said corporation shall be assignable and Stock transfertransferable according to such regulations as shall be provided by able, etc. the laws of the same. Bills under the seal of the said corporation shall be assigned by a written assignment under the hand of the obligee or payee for value received, and the assignee or assignees may bring and maintain an action thereupon in his, her, or their own. name or names. Bills signed by the president, and countersigned Bills, how by the principal cashier or treasurer thereof, promising the pay- assignable, etc. ment of money to any person or persons, his, her, or their order, or to bearer shall be binding on the corporation, as if by a private person and shall be assigned and negotiable in like manner as if issued by a private person, that is to say, by indorsement where payable to order, and by delivery where payable to bearer. If Penalty for there shall be a failure in the payment of any part of any sum subscription for subscribed, the party failing shall lose the benefit of any divi- stock. dend during the delav of the same. Every subscriber failing to make any of the payments required on his subscription shall forfeit such sumn, not exceeding one hundred dollars, as by law of the corporation may be provided. It shall be lawful for the Ofices, how president and directors to establish offices wheresoever they shall established think fit for the purpose of discount and deposit. The same being adopted from the laws of three of the original States, to wit: The States of Maryland, Pennsylvania, and Virginia, as far as necessary and suitable to the circumstances of Michigan. And be it enacted, That the bills of the said corporation origin- Billstobe ally made payable or which shall become payable, on demand, in Teerritoy. goid and silver, shall be receivable in all payments to the territory; the same being adopted from the laws of one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of Michigan. And be it enacted, That the governor of Michigan may make or Subscription cause to be made a subscription to the stock of said corporation, Tferrstory.he On behalf of the Territory, as proprietor of the same; the same being adopted from the laws of three of the original States, to wit: The States of Maryland, New York, and Virginia, as far as necessary and suitable to the circumstances of Michigan. Adopted and published at Detroit the nineteenth day of September, one thousand eight hundred six. Attest: WILLIAM HULL, PETER AUDRAIN, Governor of Michiyan. Secretary of the Governor and AUGUSTUS B. WOODWAKD, Judges in their legislative Chief Judge of Michigan. department. FREDERICK BATES, Senior Associate Judge of Michigan. 2 10 TERRITORIAL LAWS. 1806. AN ACT inaddition to an act entitled "An act concerning the No. 5. militia of Michigan." October 7. Be it enacted by the Governor and the Judges of Michigan, That Fines, how all fines and forfeitures which hereafter shall be incurred by virtue appropriated, of the act to which this is an addition, shall be appropriated for the use of the companies to which the delinquents respectively belong, for purchasing and maintainingtrumpets, drums, and fifes, and said fines and forfeitures are to be paid over to the commanding officers of the companies, to which the delinquents belong, for said purposes. And should there be any over-plus of fines remaining in the hands of the commanding officers of companies, they shall pay it over to the commanding officer of the regiment or corps to which they belong, which shall be applied to procuring and keeping in order colors and a band music for said regiment or corps;.the same being adopted from the laws of one of the original States, to wit: The State of Connecticut, as far as necessary and suitable to the circumstances of Michigan. Adopted and published the seventh day of October, one thousand eight hundred six. Attest: WILLIAM HULL, PETER AUDRAIN, Governor of Michigan. Secretary to the Governor and AUGUSTUS B. WOODWARD, Judges in their legislatiee Chief Judge of Michigan. departllent. FREDERICK BATES, Senior Associate Judge of Michigan. No. 6. October 24. AN ADDITIONAL ACT concerning highways and roads. * No. 7. November 3. AN ACT concerning certain appropriations. Salary of clerk Be it enacted by the Governor and the Jubdges of Michigan, That of Supreme Court. for the payment of the annual salary of the Clerk of the Supremne Court, for the year one thousand eight hundred six, there is appropriated a sum not exceeding twenty-five dollars; for the paySalary of clerks ment of the annual salaries of the clerks of the courts of the disof district tricts of Detroit, Erie, and Michillimackinac, for the same year, there is appropriated a sum not exceeding forty-four dollars; for Salaryoftreas- the payment of the annual salary of the treasurer, for the same urer. year, there is appropriated a sum not exceeding fifty dollars; for Salary of secre- the payment of the annual salary of the secretary of the legislature tary of the Legislature. for the same year, there is appropriated a sum not exceeding fifty dolServices of lars for the payment of special services rendered by Peter Audrain Peter Audrain. there is appropriated a sum not exceeding sixty dollars; for the payServices of mentof Joseph Cote, for chain carrying, there is appropriated a sum Jos. Cote. not exceeding ten dollars; for rendering the road from the river to For repairing the site of the court-house, and on the other side of the same, suitroad. * Printed in full p. 1, Vol. 2, Ter. Laws; also see Cass code page 180, iVol. 1, Ter. Laws, date of year given as 1805, which is error, should be as above. TERRITORIAL LAWS. 11 able for the transportation of material for building the same, by 1 8. the removal of obstructions, and construction of small bridges, chargeable to the fund thereof, there is appropriated a sum not exceeding one hundred and twenty dollars; for the payment of the services rendered by Ezskiel Solomon, as a chain carrier, there is Services of Ezskiel Solomon appropriated a sum not exceeding forty-five dollars; for the payment of services rendered by Esa Jones, in chain carrying and Services of Esa Jones. attending the legislature, there is appropriated a sum not exceeding seventy-five dollars; for the erection of pumps in the vicinity For pumps. of the site of the court house, to supply water for (struition) of the same, chargeable to the fund therefor, there is appropriated a sum not exceeding one hundred and twenty dollars; for the payment of Stock of Bank the first installment on the shares of the Territory in the bank of insf Dtallment. Detroit, there is appropriated a sum not exceeding twenty dollars for the payment of David McClain for the support and burial of a David McClain. pauper, there is appropriated a sum not exceeding twenty dollars; for the payment of the services of Abijah HIull for the year one AbijahHull. thousand eight hundred and six, there is appropriated a sum not exceeding one hundred and fifty dollars; for the relief of the poor Relief of the during the year one thousand eight hundred five, there is poor appropriated a sum not exceeding sixty dollars; for the relief of the poor during the year one thousand eight hundred seven, there is appropriated a sumn not exceeding one hundred forty dollars; for the payment df the salaries of the clerks of courts Salaries,clerks during the year one thousand eight hundred seven, there is of courts. appropriated a sum not exceeding seventy dollars; for the pay- Other Salaries. ment of other salaries established by law, for the same, a sum not exceeding two hundred dollars; for the payment of installments on Stock bank of Detroit, 2nd the shares of the Territory in the bank of Detroit during the same installment. year, there is appropriated a sum not excceeding fifty dollars; for the relief of the poor during the same year, there is appropriated Relief of the a sum not exceeding one hundred fifty dollars: for the servi- poor. ces of the militia during the year one thousand eight hundred Servicesofthe six, there is appropriated a sum not exceeding twenty dollars; for the services of the militia during the year one thousand eight hundred seven, there is appropriated a sum not exceeding thirtyfive dollars; for the payment of John Dodemead for the use of his John Dodemead dollars fifty and others, use house two days for the Supreme Court, at two dollars fifty cents of houses for for one day, there is appropriated a sum not exceeding five dollars; courts. for the payment of Richard Smyth for the use of his house eleven days for the court of the district of Detroit, at three dollars for one day, there is appropriated a sum not exceeding thirty-three dollars; for the payment of James May for the use of his house fourteen days for the Supreme Court. at three dollars for one day, there is appropriated a sum not exceeding forty-two dollars; for the erec- For erection of court house and tion of a court-house and prison agreeable to the act of Congress prison. and the acts of this Territory, chargeable to the fund directed by the same, there is appropriated a sum not exceeding twenty thousand dollars. The same being adopted from the laws of four of the original States, to wit: the States of Kentucky, Ohio, Pennsylvania, and Virginia, as far as necessary and suitable to the circumstances of Michigan. 12 TERRITORIAL LAWS. 1806. Adopted and published at Detroit the third day of November one thousand eight hundred six. Attest: WILLIAM HULL, PETER1 AUDRAIN, Governor of Miclhigan. Secretary of the Governor and AUGUSTUS B. WOODWARD, Judges in their legislative Chief Jludge of Michigain. department. FREDERICK BATES, Senior Associate Judzge of Micchigan. JOHN GRIFFIN, Junaior Associate Judge of Michigan. No. s. AN ACT making certain appropriations for the services of the Decemrner 8. years one thousand eight hundred five, six, and seven.* NoDec.m AN ACT to repeal certain parts of the act relative to ferries, taverns, retailers, auctions, and taxes. Licenses SECTION 1. Be it enacted by the Governor and Judges of Miichireduced to Eixteen dollars. gall, That so much of the acts concerning ferries, tavern keepers, and retailers of merchandise, as requires the price of license to retail merchandise to be twenty dollars, be repealed, and the same shall be sixteen dollars. Tax on winter SEC. 2. And be it enacted, That so much of the act imposing vehicles reduced. certain taxes, as requires the tax on sleighs, carrioles, or other carriage for riding in winter to be two dollars, be repealed, and the same shall be one dollar. Tax on stud SEC. 3. And be it cnacted, That so much of said act as requires horses. the tax on stud horses to be four dollars, be repealed, and the same shall be two dollars, except when the stud horse is kept for covering, in which case the tax shall remain four dollars. Taxes become SEC. 4. And be it enacted, That so much of the said act, or any due, when collctible.~ other act, as requires one-hale of any taxes to become due on the first day of April and the first day of October in every year, be repealed, and the whole shall become due on any day of the year after tile first day of January in every year, and may be collected on any day of the year after the same at the most early period of the year that shall be possible. Acts repealed SEC. 5. Anld be it enacted, That so much of the acts relative to pay dente of ferries, tavern keepers, retailers, auctions, and taxes, as would require the payment of money to the public between the first day of October and the thirty-first day of December, one thousand eight hundred six, be repealed. Provisions as to SEC. 6. And be it enacted, That so much of the act relative to tax collections by marshal. taxes as requires the marshal to pay the moneys collected quarterly be repealed, and he shall pay them every two months, and shall Treasurer to render with them when paid anil exact account to the treasurer of audit. the sources fronm which they have been derived, and the treasurer *This act printed in full Up. 1.4, vol. 2, Ter. Laws. TERRITORIAL LAWS. 13 shall audit the said accounts and certify to the governor its cor- 1so0. rectness or incorrectness. SEC. 7. And be it enacted, That so much of the act relative to Licensesfor auctions re. auctions as imposes a duty of three dollars be repealed, and the duced. same shall be two dollars and fifty cents. SEC. 8. And be it enacted, That the taxes oil dogs be repealed. Dog tax SEC. 9. And b6 it enacted, That so much of the act respecting repealed. auctions as requires the return to be made semi-annually be Auction repealed and the salme shall be made every two months. Made and published at Detroit the eleventh day of December one thousand eight hundred six. Attest: WILLIAM HULL, PETER AUDRAIN, Governor oJ Michigan. Secretary to thc Goverznor and AUGUSTUS B. WOODWARD, Judges in their legislative Chief Judge of -Michigan. departmlent. JOHN GRIFFIN, Junior Associate Judge of Michigan. No. 11. AN ACT concerning attachments and absent defendants. December 12 Be it enacted by the Governor and Judges of M ichigan, That it Clerks of Supreme or shall be lawful for the Clerk of the Suprenle Court, or any district district courts, court, on the application of any creditor, whose debt exceeds two or justices of., the peace may hundred dollars, and for the clerk of any district court, on the issue. application of any creditor whose debt exceeds twenty dollars, and does not exceed two hundred dollars, and for a justice of the peace, on the application of any creditor, whose debt does not exceed twenty dollars; on affidavit of the amount due to him, and of the On affidavit manner in which the same became due, and of the credits which stating. are justly due and allowable, to the debtor, and that he has reason to believe, and does believe the debtor absconds or conceals himself, so that the ordinary process of law cannot be served upon him and is removing privately, or intends to remove his effects, to issue Writ of attachment and a writ of attachment accomzpanied by a capias, or warrant, as the capias, etc. case may be, and returnable in the same manner with other process, as the case may be, directed to the marshal, by virtue whereof it shall be lawful for the marshal to seize the estate and effects Marshaltomake of such debtor, or so much thereof as shall be sufficient to satisfy seizure, etc. the debt and costs and to serve and levy the same upon such estate and effects wherever the same shall be found, or in the hands of anyv person indebted to the debtor, or having any of his effects, and to summon such person to appear at the return of the writ, or process Examination on and answer upon oath what he is indebted to such debtor, or what oath. effects of such debtor he has in his hands, or had at the service of the process and being returned summoned, the court or justice Compel answer. may, on failure, compel such person to appear and answer, and Security. security shall be given to the satisfaction of the officer issuing in double the amount demanded, payable to the opposite party, for satisfying and paying all costs and damages recovered against the Maybereplev plaintiff for such attachment, and all estate and effects attached ied. 14 TERRITORIAL LAWS. I 806. shall be repleviable by appearance and putting in good bail, if so ruled. OXn the return of the execution of the process, the court or Judgment by justice shall proceed to judgment, as in all other cases, except judge or jury, how given. where a trial is by a jury, and then the verdict shall be in the nature of an inquest, and the estate and effects attached shall be sold on the execution, as if originally taken on a writ of fierifacias, and judgment and execution shall in like mander go against the person indebted to the debtor, or having any of his effects. Where Sustenance for live stock is taken, the marshal shall provide sufficient sustenance, live stock, costs and the court or justice shall cause the reasonable cost thereof to vided for. be taxed against the plaintiff, to be again taxed against the debtor, if the plaintiff recover, but to remain taxed against the plaintiff, Writ may be if he should be cast. It shall be lawful to issue and serve the derved onSun- attachment, capias, or warrant the same on Sunday as on any other day; the same being adopted fromn the laws of three of the original States, to wit, Maryland, New York, and Virginia, as far as necessary and suitable to the circumstances of Michigan. When security SEC..2. And be it further enacted, That in any suit in law or quiybere- equity against any defendant or defendants who are out of Michigan and another or others within the same, having in their hands effects of, or being indebted to such absent defendant or defendants, upon proper affidavit, the court or justice, as the case may be, may make any order and require security, if it shall appear necessary, to restrain the defendant or defendants in Michigan from paying, conveying away, or secreting the debts, or effects in his, her, or their hands, of such absent defendant, or defendants, and for that purpose may order such debts to be paid and effects delivered to the plaintiff or plaintiffs, upon their giving sufficient security for the return thereof to such person and in such manner as Defendants, out the court shall direct. In any suit in equity against any absent of Territory and defendant or defendants, on satisfactory proof made that the defendant or defendants are out of Michigan, or cannot be found, the court may appoint a day for the defendant or defendants to appear, which shall be advertised two months, as the court shall direct, and if he or they do not appear and the court shall be satisfied of the justice of the demand, the bill may be taken for conAsconfessionof fessed, and such order and decree may be nmade as shall appear judgment. just, and the court shall enforce due performance and execution Plaintiffs to thereof, and nmay require security from the plaintiff or plaintiffs give security for the future restoration of the estate or effects, or the sanle may receiver. remain under the direction of the court, in the hands of a receiver, or otherwise, and eventually disposed of, as the court shall deem Case may be just. If the opposite party, his, her, or their representatives, shall, reopened within within seven years appear and contest the merits against the plainseven years. tiff, his, her, or their representatives, and comply with the reasonable order of the court relating to costs and security, the cause shall be heard as if no former decree had been made, and the court may make such further order for quieting possession and title to the estate and effects as to them shall appear just and reasonable; the same being adopted from the laws of one of the TERRITORIAL LAWS. 15 original States, to wit: Virginia, as far as necessary and suitable 1806. to the circumstances of Michigan. Adopted and published at Detroit the twelfth day of December, one thousand eight hundred six. Attest WILLIAM HULL, PETER AUDRIAN, Governor of Mlichigan. Secretary oJ the Governor and AUGUSTUS B. WOODWARD), Judges in their legislative Chief Judge of Michiqan. departzent. JoiN GRIFFIN, Junior Associate Judge of Mlfichigan. 1807. AN ACT to prevent certain acts hostile to the peace and tran- quility of the United States within the jurisdiction of this January January 23. Territory.. AN ACT concerning the appointment and duties of an Attorney No. 12. General.t Be it enacted by the Governor and the Judges of Michigan, That Appointmentby it shall be the duty of the attorney general, who shall be appointed by the Governor, to prosecute and defend all suits, both civil and criminal, for and against the United States or this territory, and to perform all proper official duties required of him by the legisla- Duties. tive, executive, or judicial power of Michigan, or of the United States of America; the same being adopted from the laws of two of the original States, to wit: The States of Massachusetts and New York, as far as necessary and suitable to the circumstances of Michigan. Adopted and published at Detroit the twenty-ninth day of January, one thousand eight hundred seven. Attest: WILLIAM HULL, PETER AUDRIAN, Governor oJ Michigan. Secretary to the Governor and AUGUSTUS B. WOODWARD, Judges in their legislative Chief Judge of Michigan, Dapartment. JoHN GRIFFIN, Junior Associate Judge of Michigan. AN ACT making certain appropriations.1 No. 13. March 20. AN ADDITIONAL ACT concerning District Courts. I No. 14. April 2. * Printed in full, vol. 2, Ter. Laws, pp. 4-6. Digest of in Cass code, p. 224, vol. 1, Territorial Laws, date given as January 23, 1816, should be as above. tSee (Cass code p. 138, vol. 1, Ter. Laws. Title only given. + Printed in full, page 6, Vol. 2, Ter. Laws. 1] Printed in full, page 7, Vol. 2, Ter. Laws. 16 TERRITORIAL LAWS. 1807. AN ACT concerning religious societies.* No. 15. SECTION 1. Be it enacted by the Governor and the Judges of MichApril 3. igan, That it shallbe awfl for any religious societies in Michigan socyiety ligS to elect a trustee or trustees of the society, at such times, in such Trustees. manner, and of such number as the society shall think proper. Election of. ay hold prop- The person or persons so appointed, and his or their successor or erty. successors, shall have power to acquire, hold and alien property, real and personal, slaves excepted, in trust for the use and benefit Sue andbe sued. of the society, and shall be capable of suing and being sued. The Require society may at any time cause the trustee or trustees to account accounting. for matters committed to his or their trust, and in case of refusal, to appoint any agent or agents to bring suits respecting the same. Limitation asto No olne society shall hold more land at one time than two real estate. thousand acres, and all the property of the society shall be subject Taxation of to taxation in the same manner as other property; the same being property. adopted from the laws of one of the original States, to wit: North Carolina, as far as necessary and suitable to the circumstances of Michigan. Roman Catholic SEC. 2. And be it enacted, That the members of the church organation usually denominated Catholic, Apostolic, and Roman, within the Territory of Michigan, may convene and adopt such regulations for the management of their estates and temporalities, as shall seem advisable to a majority; and shall choose such person or persons as they shall think proper, who shall assume the style, name, and title by which they are to be designated, and shall cerTitle to be filed tify the same under their hands to the clerk of the Supreme Court with Clerk of Supreme Court. who shall record the same, and thereupon the same person or Body politic and persons, his and their successors, shall be a body politic and corcorporate. porate by the name and description so assumed, for carrying into execution such regulations as may have been or may at any time be adopted as aforesaid, and for giving effect to the provisions of this act, which said body corporate shall be immediately seized Titletoproperty anid possessed of all the present property, estate, and termporalitovestin. ties of the said church, and which shall from thenceforth be Sole control. under the sole control and management of the said corporation Taxation. and their successors subject to taxation as aforesaid; and all vacanVacancies, how cies occasioned by death, resignation, or other disqualification shall filled. be supplied by other person or persons elected or appointed according to the regulations of the said church, and separate congregaEstablishment tions may be established according to the first section of this act, of new congre- which shall also be bodies corporate in the same manner; the same gations. being adopted from the laws of one of the original States, to wit: The State of Maryland, as far as necessary and suitable to the circumstances of Michigan. Powertorepeal, SEC. 3. And be it enacted, That this act and all acts additional Legislatuc., re, edbtc. or supplementary thereto, and all other acts whatsoever relating to the said societies as corporations, shall be repealed at the pleasure of the legislative power of the territory of Michigan for the time being, and at the pleasure of the legislative power of the * Digest of this act printed Cass code, p. 209, vol. 1, Ter. Laws. TERRITORIAL LAWS. 17 United States of America, anything whatsoever to the contrary 1807. thereof notwithstanding; the same being adopted from the laws of two of the original States, to wit: The States of Connecticut and Massachusetts as far as necessary and suitable to the circumstances of Michigan. Adopted and published at Detroit the third day of April, one thousand eight hundred seven. Attest: WILLIAM HULL, PETER AUDRAIN, Governor of Michigan. Secretary of the Governor and A. B. WOODWARD, Judges in their legislative JOHN GRIFFIN. department. AN ACT repealing part of the additional act concerning district'O. 16. ~~~~~~~~~~courts. *April 13. AN ADDITIONAL ACT concerning compensations. No. r17. April 14. SECTION 1. Be it enacted by the Governor and the Judges of Judges'fees..Michigan, That the judges of the District Courts shall be entitled to receive one dollar on every action entered in the said courts, and fifty cents for every judgment rendered by them, which sums How taxed, colshall be taxed in the bills of cost against the person or persons lected, etc. against whom judgment shall be rendered, and shall be collected and paid by the clerk of the court, to be equally divided among said Judges; the same being adopted from the laws of one of the original States, to wit: The State of Massachusetts, as far as necessary and suitable to the circumstances of Michigan. SEC. 2. And be it enacted, That the Attorney General in addi- AttorneyGention to the taxable fee recoverable from the defendants, in case of eral salary. conviction, shall receive an annual salary of fifty dollars, to be paid semi-annually from the treasury; the same being adopted from the laws of one of the original States, to wit: The State of Massachusetts, as far as necessary and suitable to the circumstances of Michigan. SEC. 3. And be it enacted, That the surveyor shall be entitled to Surveyor, receive an annual salary of two hundred fifty dollars, to be paid salary. from the treasury semi-annually; and the expenses of chain car- Other salaries. riers and necessary attendants shall be audited by the treasurer and paid at the treasury, not exceeding one dollar for the services of one person for one day; the said salary and the said expense to be Tobecharged charged to the Detroit fund when the services relate to the city of to, and when. Detroit, and the salary in an equitable proportion, to be settled by the treasurer, where part of the services relate to the city of Detroit and part to the Territory of Michigan; and for services rendered at the request of private persons, the surveyor shall receive from * Printed in full p. 9, vol. 2, Territorial Laws. t Digest of, Cass code, p. 140, vol. 1, Territorial Laws. 3 18 TERRITORIAL LAWS. 18~07. the party, payable when service is rendered, for surveying a lot in the city of Detroit, sixty-two and one-half cents; for the plat and Schedule of fees certificate of the courses of the same, sixty-two and one-half cents; allowed for for surveying in the country. two dollars and fifty cents for one day; for the plat and certificate of a tract in the country, one dollar and fifty cents; the same being adopted from the laws of two of the original States, to wit: The States of New York and Virginia, as far as necessary and suitable to the circumstances of Michigan. Part of act SEC. 4. And be it enacted, That so much of the act concerning regulating fees compensations, as allows to a justice of the peace for making any of justices of the peace entry relative to a case, six and one-fourth cents, and so much of repealed and new schedule the said act as allows to a justice of the peace, for filing any paper, made. six and one-fourth cents, be repealed; and so much of the said act as would operate to give to a justice of the peace twenty-five cents for a judgment, where the same is by confession, is also repealed; and there shall be allowed to a justice of the peace for a judgment in cases, where the same is by confession, twelve and one-half cents, and such judgment by confession may be entered by consent without any previous process. Fee of attorney SEC. 5. And be it enacted, That so much of the said act as would appearing operate to give the usual compensation to a counsel or attorney before a justice to the usual of the peace. appealing in cases before a justice of the peace be repealed, and where counsel or attorney appear in cases before a justice of the peace, there may be taxed on every final judgment for the use of the counsel or attorney of the party in whose favor the judgment is, one dollar. Feeofwitnesses SEC. 6. And be it enacted, That so much of the said act as would of thre peatice operate to allow the usual compensation to witnesses in cases before a justice of the peace, be repealed, and there shall be allowed to a witness in cases before a justice of the peace the usual compensation where such witness resides five miles or more from the place where he attends. Adopted, made, and published at Detroit the fourteenth day or April, one thousand eight hundred seven. Attest: WILLIAMi HULL, PETER AUDRIAN, Governor of Michigan. Secretary of the Governor and AUGUSTUS B. WOODWARD, Judges in their legislative JOHN GRIFFIN. department. No. 18. AN ADDITIONAL ACT concerning the recovery of small sums April 16. to the amount of twenty dollars.* No. 19. AN ADDITIONAL ACT concerning compensations. t May 7. Act relative to Be it enacted by the Governor and Judges of Michigan, That so paupers, clause much of the act relative to paupers as would operate to require repealed. * Printed in full p. 9, vol. 2, Territorial Laws. t Digest of, Oass code, p. 140, vol. 1, Territorial Laws. TERRITORIAL LAWS. 19 the justices of the peace to give a certificate without allowing them 1 8 o 07 any compensation therefor be repealed, and there shall be allowed to each justice for such certificate twelve and one half cents, to be paid at the public treasury. SEC. 2. And be it enacted, That there shall be allowed to a jus- Fees, justice of tice of the peace for a certificate of an oath or affidavit, twenty- thepeace. five cents, to be paid by the party applying for the same, on the service being rendered; and for a notification under the act for the relief of poor prisoners committed by execution for debt, there shall be allowed to a justice of the peace, twenty-five cents, to be paid in the same manner; and for a certificate under the said act, there shall be allowed to the justices giving the same, twelve and one half cents each, to be paid in the same manner; the same being adopted from the laws of three of the original States, to wit: The States of Maryland, Massachusetts, and Pennsylvania, as far as necessary and suitable to the circumstances of Michigan. SEC. 3. And be it enacted, That so much of the last act on the Repealing prosubject of compensations, as provides that where counsel or attorney appear in cases before a justice of the peace, there may be taxed on every final judgment, for the use of the counsel or attorney, of the party in whose favor the judgment is, one dollar, be and the same is hereby repealed. Made, adopted, and published at the city of Detroit, in the Territory of Michigan, the seventh day of May, one thousand eight hundred seven. Attest: (Signed) WILLIAM HULL, JOS. WATSON, Governor of Michigan. Secretary of the Governor and A. B. WOODWARD, Judges in their legislative JOHNE GRIFFIN. department. AN ACT making certain appropriations.* No. 20. No date given. AN ADDITIONAL ACT concerning the town of Detroit. t No. 21. NoMay 18. AN ACT repealing part of the act relative to the marshal. May. 22. Be it enacted by the Governor and Judges of the Territory of Michigan, That so much of the acts relating to the marshal as requires that officer to be appointed and commissioned for the whole Territory, without separate marshals for the several districts, and to give security to the amount of ten thousand dollars, be repealed, and a marshal of the Territory shall be appointed and commissioned by the Governor, who shall give security in the same manner as heretofore to the amount of four thousand dollars; and one * Printed in full page 11, vol. C, Territorial Laws. t Printed in full p. 286, vol. 1. Territorial Laws. $ Digest of, Cass code, p. 219, vol. 1, Territorial Laws. 20 TERRITORIAL LAWS. 1807* marshal shall be appointed and commissioned by the Governor for each judicial district in the Territory of Michigan, who shall give security, in the same manner as the marshal of the Territory, to the amount of one thousand dollars, and who shall be charged within his district with all powers and duties vested by law in the present marshal, excepting such as relate to the Supreme Court or business which relates to the United States. Made and published at the city of Detroit, in the Territory of Michigan, the twenty-second day of May, one thousand eight hundred seven. Attest: WILLIAM IIULL, JOSEPH WATSON, Governor of Michigan. Secretary to the Governor and A. B. WOODWARD, Judges inz their legislative JOHN GRIFFIN. departmen t. une 23. AN ACT making appropriations for the service of the year one thousand eight hundred and eight. * JNo. 2. AN ACT to repeal a certain appropriation. t June 2. Nuo. 2.AN ADDITIONAL act concerning compensation., Secretary Be it enacted by the Governor and the Judges of the Territory of Lesalary reued Michigan, That from and after the thirtieth day of June, one thousand eight hundred seven, so much of the act relative to compensations as allows an annual salary of fifty dollars to the legislative secretary be repealed, and the same shall be twenty-five dollars. Treasurer, sal- SECTION 2. And be it enacted, That after the said day so much ary reduced. of the acts relative to compensations as allows to the Treasurer an annual salary of fifty dollars be repealed, and the same shall be twenty-five dollars. Clerk Supreme SEC. 3. And be it enacted, That after the said day so much of Court, salary the said act as allows to the clerk of the Supreme Court an annual salary of twenty-five dollars be repealed. Attorney SEC. 4. And be it enacted, That after the said day so much of General, salary the said acts as allows an annual salary to the attorney general of fifty dollars be repealed, and the same shall be twenty-five dollars. Surveyor,salary SEC. 5. And be it enacted, That after the thirtieth day of reduced. September, one thousand eight hundred seven, so much of the said acts as allows an annual salary to the surveyor of two hundred fifty dollars be repealed, and the same shall be twenty-five dollars. * Printed in full p. 11, vol. 2, Territorial Laws. t Printed in full p. 12, vol. 2, Territorial Laws. $ Digest of, Cass code, p. 140, vol. 1, Territorial Laws. TERRITORIAL LAWS. 21 Made and published at the city of Detroit, in the Territory of 80 7. Michigan, the second day of June, one thousand eight hundred seven. Attest: WILLIAM HULL, JOS. WATSON, Governor of Mlichigan. Secretary of the Governor and AUGUSTUS B. WOODWARD, Judges in their legislative Chief Judge oJ the Jerritory department. of Michigan. JOHN GRIFFIN. AN ACT concerning the taxes of the year one thousand eight No 26. June 2. hundred and eight.* June2. 1808. AN ACT to fix the times of meeting of the Legislature of the No. 27. Territory of Michigan, and for other purposes. November 9. Be it enacted by the Legislature of the Territory of Michigan, Sessions-numThat the legislature shall hold two stated sessions in every year, comer~menhce ant which shall commence respectively, on the second Thursdays of duration of. May and October, at eleven of the clock in the forenoon, and shall continue until all business requiring legislation shall be finished; the same being adopted from the laws of two of the original States, to wit: The States of Connecticut and Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 2. Be it enacted, That the Governor and three Judges Legislative appointed and commissioned by the President of the United States Board, who to shall compose the legislative board of said Territory, three of whom shall be necessary for a majority; but any three of them in Majority. the absence of the other, shall constitute a quorum for transact- Quorum. ing business, in which case two shall be deemed a legal majority on any question, and when any law shall have received the assent Laws, when of a majority as provided in either of the cases aforesaid, it shall passed. be taken and deemed to have been regularly passed by the legislative board, and shall be signed by the presiding officer thereof at To be signedby. the time of its passage, and attested by the person acting as secretary to the Governor and Judges in their legislative capacity; the same being adopted from the laws of one of the original States, to wit; The State of Vermont, so far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published in and at the city of Detroit, within the Territory of Michigan, this ninth day of November,'one thousand eight hundred and eight. Attest: WILLIAM HULL, JOS. WATSON, President of the Leqislatzve Board. Secretary. * Printed in full p. 12, vol. 2, Territorial Laws. 22 TERRITORIAL LAWS. 1808. AN ACT for the punishment of crimes and misdemeanors. No. 28. SECTION 1. It is hereby enacted by the Governor and Judges of e the Territory of Michigan, That if any person or persons owing allegiance to this Territory shall levy war or conspire to levy war against the same, or shall in any way, within this Territory or elsewhere, give aid and comfort to the enemies of this Territory, and shall be thereof convicted before the Supreme Court thereof, either on confession in open court or on the testimony of two witnesses to the same overt act of treason, of which such person or persons is or are indicted, such person or persons shall be adjudged guilty of treason against this Territory, and shall suffer death. Misprision of SEC. 2. And it is hereby enacted, That if any person or persons treason. knowing any such treason to have been committed, or having knowledge of the intent of any person or persons to commit any such treason, shall not within fourteen days from the time of his having such knowledge, give information thereof to the governor of this Territory or some one of the judges of the Supreme Court, or some justice of the peace, such person or persons, on conviction before the Supreme Court, shall be adjudged guilty of misprison of treason, and shall be imprisoned or confined to hard labor not exceeding seven years and fined not exceeding two thousand dollars. Murder. SEC. 3. And be it enacted, That if any person shall commit murder or the wilful killing of any person with malice prepense, or such other detestable practices, such person, on conviction thereof before the Supreme Court, shall suffer death. False witness. SEC. 4. And be it enacted, That if any person shall bear false witness wilfully and of purpose to take away any person's life and the life of any person be taken away in consequence of such false witness, the person so offending, on conviction thereof before the Supreme Court, shall suffer death; but if no person's life shall be taken in consequence of such false witness, the offender, on conviction as aforesaid, shall be punished as in this act is hereafter provided for the punishment of manslaughter. Arson with SEC 5. And be it enacted, That if any person shall wilfully or murder. maliciously burn the dwelling house of another, any out building adjoining thereto, or any other building, by means of which any person shall suffer death or be injured in his or her body or members, such offender, on conviction thereof before the Supreme Court, shall suffer death. Arson. SEc. 6. And be it enacted, That if any person shall wilfully and maliciously burn the dwelling house of another or any out building adjoining thereto or any other building, or if any person shall wilfully and maliciously burn any barn, warehouse, shop, mill, malt house, distillery, out-house, any meeting-house, court-house, goal, school-house, or any other building erected for public or private uses, or any vessel, cutter, or boat used on the rivers or lakes within this Territory, or if any person shall wilfully and maliciously burn any stacks of corn, hay, or grain, the person so offending in either of the cases aforesaid, on conviction thereof before the Supreme Court, shall be sentenced to sit in the pillory, whipped, TERRITORIAL LAWS. 23 L imprisoned, or confined to hard labor not exceeding seven years, 1808. bound to good behavior, or fined a sumrn not exceeding three thousand dollars, or any or all the foregoing punishments, according to the nature and aggravation of the offense. SEC. 7. And be it enacted, That if any person shall commit Manslaughter. manslaughter and be thereof convicted before the Supreme Court, he or she so offending shall be sentenced to stand in the pillory or be whipped not exceeding one hundred stripes, imprisoned, or confined to hard labor not exceeding ten years, bound to good behavior, and fined not exceeding three thousand dollars or any or all the above punishments, according to the nature and aggravation of the offense; and, provided, that if any person shall kill another in the just defense of his or her own life or the life of a wife, husband, parent, brother, sister, master, mistress, or servant, or if any person shall kill another attempting to murder or to commit rape, burglary, or robbery with force and violence; or if any officer shall kill any person in supporting an opposition against him in the just and necessary discharge of his duty, such persons respectively, shall be holden guiltless. SEC. 8. And be it enacted, That if any person shall wilfully Mayhem and maliciously cut out or disable the tongue, put out the eye or eyes, or cut off all or any part of the privy members of any person, or shall aid or assist therein, such person on conviction thereof before the Supreme Court, shall pay a fine not exceeding three thousand dollars, and be imprisoned or confined to hard labor for a period not exceeding ten years. SEC. 9. And be it enacted, That if any man shall ravish or car- Rape. nally know any woman, maid, or damsel, committing carnal copulation with her by force against her will, and being thereof convicted before the Supreme Court, he shall be fined not exceeding one thousand dollars, and be imprisoned or confined to hard labor during life. SEC. 10. And be it enacted, That if any person over the age of Unlawfully knowing a fifteen years shall unlawfully and carnally know and abuse any woman child woman child under the age of eleven years, with her will or against under eleven her will, and being thereof convicted before the Supreme Court, years. he shall suffer the same punishment as directed in the ninth section of this act. SEC. 11. And be it enacted, That if any person shall in the Burglary. night time burglariously break and enter any dwelling house, store, or shop for merchandise, or workshop, with intent to kill, rob, steal, commit rape, or to do or perpetrate any other high crime or misdemeanor, the person so offending, on conviction thereof before the Supreme Court, shall be punished by whipping not exceeding one hundred stripes, and be imprisoned or confined to hard labor not exceeding twelve years, and pay a fine not exceeding three thousand dollars, or any or all the foregoing punishments, according to the nature and aggravation of the offense. SEC. 12. And be it enacted, That if any person shall feloniously Robbery. assault, rob and take from another person, any money, goods or chattels, or other property, that may be the subject of theft, the 24 TERRITORIAL LAWS. 1808sos. person so offending, on conviction thereof before the Supreme Court, shall be punished as is directed in case of burglary; and if any person shall make an assault upon another person with intent to commit murder or robbery, the person so offending, and being thereof convicted, before the Supreme Court, shall pay a fine not exceeding eight hundred dollars, and may be imprisoned or kept to hard labor for a term not exceeding ten years, and shall give bond, with sufficient sureties, for his or her good behavior in such suLm as the court shall direct. Perjury. SEC. 13. And be it enacted, That if any person shall knowingly, wilfully and corruptly commit perjury in any cause or matter pending before any court of law or equity, auditors, referees, or arbitrator, or in any other case in which an oath or affirmation is, or may be administered, by direction of law, such person, on conviction thereof, before the Supreme Court, shall be punished by standing in the pillory for the space of two hours, pay a fine not exceeding one thousand dollars, and suffer imprisonment, without bail or main prize, for a term not exceeding six months, or a part or all of the aforesaid punishments, at the discretion of the said court, and shall thereafter be discredited and disabled from being sworn or giving evidence, or verdict in any case whatever until judgment on such conviction be reversed, and the person so convicted shall forfeit and pay treble damages to the parties aggrieved by such offense, to be recovered by an action brought on this statute. Subornation SEC. 14. And be it enacted, If any person shall unlawfully and of perjury, corruptly procure any witness or witnesses by letters, by rewards, promises, or by any other similar or unlawful labor, or means whatever, to commit wilful and corrupt perjury in any cause or matter pending before any court of law, or equity, auditors, referees, or arbitrators, or in any other case, such person, on conviction thereof, before the Supreme Court, shall suffer the same punishment, penalties, and forfeitures, and be subject to the same disabilities in all respects as is provided in the last preceding section. How indict- SEC. 15. And be it enacted, That in any presentment or indictments for per- ment to be procured against any person for wilful and corrupt perjury are to be set out. jury, or subornation of perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court and before whom the oath or affirmation was taken, averring such court, or person, or persons to have a competent authority to administer the same, together with the proper averment or averments to falsify the matter or matters in which the perjury or perjuries is or are assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court or person or persons before whom the perjury was committed. Forgery. SEC. 16. And be it enacted, That if any person shall wittingly, falsely, and deceitfully forge or alter, or wittingly, falsely, and deceitfully cause to be forged, or altered, or procure, aid, or counsel the forging or altering any matter of record, any writ, process, or TERRITORIAL LAWS. 25 other proceedings in the courts or other course of justice in this 1808. Territory, any deed of conveyance, last will and testament, obligation or writing sealed, any promissory note, bill of exchange, order, acceptance, assignment, or endorsement on them, any acquittance, or receipt for money, goods, or other things, or any order, warrant, or request for the payment of money or the delivery of goods, or chattels of any kind, any certificate, or accountable receipt for money or other things, any lottery ticket, or any evidence or assurance of money, or other thing whatever, with intent to defraud any person, or if any person shall utter or publish as true, any of the above false, forged, altered and counterfeited deeds and other matters or instruments, as above specified, or shall in anywise be aiding or assisting therein with intent to deceive or defraud any person, the person so offending, on conviction thereof before the Supreme Court, shall be punished by sitting in the pillory, imprisonment not exceeding three years, and pay a fine not exceeding two thousand dollars, or a part or all the aforesaid punishments according to the nature. and aggravation of the offense, and shall thereafter be disabled from giving evidence or verdict in any cause or case whatever, and the person so convicted shall forfeit and pay treble damages to the party aggrieved by such offense, to be recovered by action brought on this statute. SEc. 17. And be it enacted, That if any person shall hereafter Horse stealing. steal any horse or horses, or any horse kind, on conviction thereof before the Supreme Court, shall be whipped not exceeding one hundred stripes and be imprisoned or confined to hard labor not exceeding seven years and be further punished by fine not exceeding three hundred dollars, and the court before whom the conviction is had may award to the party from whom such horse or horses was or were stolen, treble damage, and such party is hereby empowered to assign such convict in service to satisfy the same, and any person to whom such convict is assigned may, in any manner without cruelty, chain or otherwise shackle or confine him in the common goal or elsewhere in such manner as may be necessary for his performing from day to day the task or labor enjoined on him; Provided, That if the cost and treble damages be paid Proviso, the court may remit the fine which may have been adjudged in the premises, and every person who shall be convicted as aforesaid shall, on a second conviction, be punished by whipping not exceeding one hundred stripes and confined to hard labor a term not exceeding ten years, or any or any part or all of the aforesaid punishment, at the discretion of the court before whom conviction was had. SEC. 18. And be it enacted, That if ally person shall commit Adultery. adultery and be thereof convicted before the Supreme Court, he or she shall be punished by fine not exceeding five hundred dollars. SEC. 19. And be it enacted, That if any person shall defame Defamfngcivil any court of justice or any sentence or proceedings thereof, or authority. shall defame any of the magistrates, judges, or justices of any such court touching any act or sentence therein passed, on conviction 26 TERRITORIAL LAWS. 180s. thereof before the Supreme Court, shall be punished by fine not exceeding two hundred dollars. Forgery of SEC. 20. And be it enacted, That if any person shall forge, coinsor coun- counterfeit, or utter any of the coins which shall be made current by the laws of this Territory or of the United States, or shall pass or put off, or shall offer, or shall procure to be offered, passed, or put off, any such forged, false, or counterfeited coins, knowing them to be such, or shall make or mend, or have in possession, any die, stamp, or any other instrument or tool, or shall buy or sell any such die, stamp, or other instrument or tool, for the purpose of forging or counterfeiting any of the coins aforesaid, every person so offending, and being thereof convicted before the Supreme Court, shall be punished by whipping not exceeding one hundred stripes, and may be sentenced to stand in the pillory not less than one hour each day for three days successively, and be committed to any goal or house of corrrection within the Territory, and be there kept to hard labor, for so long a time as the Supreme Court shall adjudge, not exceeding seven years, and shall pay a fine not exceeding seven hundred dollars to the treasury of this Territory, and if any person shall counsel, advise, procure, or in any way assist in forging, counterfeiting, falsifying, or in altering, or in passing or putting off any of the coins aforesaid, knowing the same to be such, and be thereof convicted before the Supreme Court, such person or persons so offending shall be punished by whipping not exceeding one hundred stripes, and stand in the pillory one hour in each day for three days successively, and shall pay to the treasury of this Territory in the discretion of the Supreme Court a sum not exceeding four hundred dollars. Counterfeiting SEC. 21. And be it enacted, That if any person shall counterfeit, bank bills, or cause, or procure to be counterfeited, or aid or assist in counterfeiting any bill or note issued or to be issued by the President, directors and company of the bank of the United States, or by the directors of any other bank, by whatever name it may be called or denominated by or under the authority of the Legislature of this Territory, or any of the United States of America, or Territories thereof, shall alter any such bill or note issued or to be issued as aforesaid, or shall utter, pass, or give in payment, orprocure to be offered, passed or given in payment, any such counterfeited or altered note or bill, knowing the same to be counterfeited or altered, or shall make and engrave any plate or other instrument, or shall cause or procure the same to be made or engraved, or shall have any such plate or instrument in his or her possession for the purpose of counterfeiting, every person so offending, on conviction thereof before the Suprere Court, shall suffer the same punishment as is directed in the twentieth section of this act. Theft of good SEC. 22. And be it enacted, That if any person shall steal any chattels, etc money, goods, or chattels, or any bond, bill, note, accountable receipt or other written security, assurance or promise for the payment of money, or performance of any covenant, contract, or agreement, or any acquittance, release, or discharge of any debt, due, demand, covenant, contract, or agreement, any person so TERRITORIAL LAWS. 27 offending, his or her councilors, aiders, or abettors knowing of or 18so08 privy to the offenses aforesaid, on conviction thereof before any district court or the Supreme Court, shall be fined not exceeding three hundred dollars or be whipped not exceeding thirty-nine stripes, and the said court shall further award to the party from whom the money, goods, or other articles were stolen treble the value thereof, and any of the articles stolen being returned undamaged, to be accounted part according to the value thereof, and if such offender shall be unable to make restitution or pay such treble damage, he may be assigned in service to make satisfaction, and the party to whom satisfaction is to be made is hereby empowered to dispose of such convict in service for such term of time as shall be ordered by the court before whom the conviction shall be had. SEC. 23. And be it enacted, That if any person shall buy or Receiving or concealing receive any goods, or other thing taken or stolen from any stolen goods. other person, knowing the same to be stolen, or shall receive or harbor any thief or thieves, knowing him, her, or them to be such, the person so offending, oil conviction thereof, shall be liable to the same punishment as is prescribed in the preceding section. SEC. 24. And be it enacted, That if any person shall steal any Fruit stealing. fruit from any orchard, garden, or other enclosure, whether such fruit had been previously severed from the tree, plant, or vine on which it had grown or not, he or she shall be punished by fine not exceeding fifty dollars, and the court before which the conviction shall be had shall award to the party injured treble damages and costs, and in case of inability to pay such damages and costs, may assign such person in service to make satisfaction. SEC. 25. And be it enacted, That if any person or persons shall Impeding officers in the impede or hinder any officer, judicial or executive, civic or mnili- execution of tary, under the authority of this Territory, in the execution of his their office. office, such person or persons, on conviction thereof, shall pay a fine not exceeding two hundred dollars each to the treasury of the district in which the offense was committed, and if any such person or persons shall not be of sufficient ability to pay such fine and cost of prosecution, the court may assign such person or persons in service to any citizen of this Territory for so long a time as shall be necessary to make satisfaction of such fine and costs, and if any person shall be convicted a second time of the aforesaid offense, he shall pay a fine not exceeding two hundred dollars, and shall be imprisoned in any goal in the Territory one whole year, and if, at the expiration of said term, he be not of sufficient ability to pay such fine and costs he shall be liable to be assigned to service as aforesaid. SEC. 26. Alnd be it enacted, That if any person or persons shall Breaking of directly or indirectly break open or counsel, aid, or assist in break- goal ing open any goal or place of confinement in which any prisoner shall be confined by the authority of this Territory or of the United States within this Territory, such person or persons, on conviction thereof, shall pay a fine not exceeding two hundred dollars to the treasury of the district where the offense is committed and be imprisoned six months, and if any such person or 28 TERRITORIAL LAWS. 80sos. persons, at the expiration of said term, shall not be of sufficient ability to pay such fine and the costs of prosecution, he, she or they may be assigned in service as directed in the last preceding section, and if any person shall be convicted a second time of the aforesaid offense, he, she, or they shall pay a fine not exceeding three hundred dollars and be imprisoned one year. Fraudulent SEC. 27. And be it enacted, That all fraudulent and deceitful conveyance. conveyances of goods or chattels and all bonds, bills, notes, contracts and agreements, and all suits and judgments and executions made or had to avoid any right, debt, or duty of others shall, as against the party or parties only whose right, debt, or duty is endeavored to be avoided, their heirs, executors, administrators, or assigns, be utterly null and void, any false pretense or feigned consideration to the contrary notwithstanding, and every of the parties to such fraudulent and deceitful conveyance of goods or chattels, bond, bill, note, contract, agreement, suit, judgment, or execution, or any conveyance of houses, lands, tenements, hereditaments made with like fraudulent intent, who, being privy thereto, shall justify the same to be made, had, or executed bona fide and uponI good consideration, or shall alien or assign any houses, lands, tenements, hereditanments, so to him, her, or them conveyed as aforesaid, shall forfeit the full value of such houses, lands, tenements, hereditaments, and the full value of such goods or chattels; and also so much money as shall be contained in such covenant; bond, bill, note, contract, or agreement, which forfeiture shall be equally divided between the parties aggrieved and the district treasurer when the conviction is had, for the use of such district to be recovered by all action brought on this statute. Private banks SEC. 28. And be it enacted, That if any person or number of restrained. persons, society or company of men, within this Territory, without authority and license first had and obtained from the legislative authority thereof, shall strike, emit, or put in circulation any bills of credit or notes on any fund or credit of any person or persons, society, or company, to be passed and used as a general currency or medium of trade, traffic, or commerce in lieu of money (other than promissory notes of hand and bills of exchange), every person herein offending, on conviction thereof, shall forfeit treble the nominal value of the bills or notes so emitted or put in circulation, one-third part to him, her, or them who shall sue for and prosecute the same to effect, and the other two-thirds to the treasury of the district in which the conviction shall be had. Bills of private SEC. 29. And be it enacted, That if any person or persons within hibanks pro this Territory shall utter, vend, or pass any bills or notes or other currency whatever, which either have been or which shall hereafter be struck, emitted, or put in circulation to be passed and used as a general currency or medium of trade, traffic, or commerce in lieu of money, as mentioned in the last preceding section, on the fund or credit of any person or persons or private society or company of men, either in this Territory or any of the United States or Territories thereof, shall forfeit double the value expressed in such bill, note, or other currency, the one moiety thereof to him, TERRITORIAL LAWS. 29 her, or them, who shall sue for and prosecute the same to effect, 180so and the other moiety to the treasury of the district in which the conviction shall be had; Provided, nevertheless, That nothing in Proviso. this or the preceding section shall be construed to prevent any person or persons from demanding and receiving payment from any person or persons, society, or company of persons, on any bill or note which may have been emitted or issued by him or them before the passage of this act. SEc. 30. And be it enacted, That if any person or persons, after Passing of cut the first day of Juine next, shall pass or offer to pass within this or mutilated Territory any cut, mutilated, or altered coins, which coins, before ed. they were cut, mutilated, or altered passed as current money in this Territory or in any of the United States, such person or persons shall forfeit double the value of such cut, mutilated, or altered coins which they shall have passed or offered to pass as aforesaid, one moiety to him or them, who shall prosecute for the same, and the other moiety to this Territory, to be recovered by action brought on this statute for that purpose, with cost of prosecution. SEC. 31. And be it enacted, That if any person or persons Privatelotteries within this Territory without authority and license first had and restrained. obtained from the legislative authority thereof, shall publicly or privately set up or make any lottery, game, or device of chance of any nature or by any name whatever, or shall, by any such means, expose for sale any houses, lands, tenements, or real estate, or any goods, wares, merchandise, or other thing or things whatever, every person so offending, on conviction thereof, shall forfeit the amount of the whole sum or value for which such lottery was made, to be recovered by action brought on this statute, one moiety thereof to him or them, who shall sue for and prosecute the same to effect, and the other moiety to the treasury of the district in which such conviction shall be had; and every person who shall vend, sell, or barter, or who shall offer to vend, sell or barter any ticket or tickets of such private lottery, game, or device of chance, or if any person shall purchase or become an adventurer or adventuress therein, or in any wise whatever be aiding or assisting in the same, any person so offending, on conviction thereof, shall pay a sunm not exceeding thirty dollars, to be sued for and applied as above directed, and every ticket or other assurance purporting to entitle any person, bearer or possessor, to any prize or prizes in money or to any houses, lands, tenements, or other real estate, or to any other article or thing, for the disposition of which such lottery was erected, shall be utterly null and void. and no action shall be maintained thereon in any court in this Territory. SEC. 32. And be it enacted, That all contracts, promises, bills, Gambling connotes, bonds, judgments, and other assurances, and all mortgages, tracts void conveyances, or sureties made and executed by any person or persons whatever, in which the whole, or any part of the consideration of the same was for any money, goods, or chattels won on any game, horse racing, or any other sport, or for any money, goods, or chattels lent or borrowed for such purpose at the time 30 TERRITORIAL LAWS. 1 80 8* and place of gaming, be and they are hereby declared to be utterly null and void to all intents and purpose. Riotous assem- SEc. 33. And be it enacted, That when three or more persons blages. shall meet or assemble themselves together with intent to do any unlawful act, with force and violence, against the person of another, or against his or her goods or possessions, or to do any unlawful act against the peace or to the manifest terror of the people, and being required or commanded by proclamation to be made in the form and by the authority hereinafter directed, shall not disperse themselves and peaceably depart to their homes or lawful business, or being so assembled as aforesaid, shall do any unlawful act against the person, goods, or possessions of any person, or against the peace, and be thereof convicted before any court proper to try the same, they shall be severally punished by fine not exceeding one hundred dollars or imprisonment not exceeding six months; any and every justice of the peace, marshal, or his deputies, within their respective jurisdictions, are hereby authorized, empowered, and required, on notice or knowledge of any such unlawful and riotous assembly, to resort to the place where such assembly shall be, and after commanding silence, shall, with a loud voice make proclamation nearly as followeth, namely: "In the name of the Territory I command all persons being assembled immediately to disperse themselves and depart to their habitations, or to their lawful business, under the pains and penalties of the law." Not dispersing SEC. 34. And be it enacted, That if such persons so unlawfully assembled, or any three or more of them, after proclamation made as aforesaid, shall continue together and not disperse themselves, it shall and may be lawful for every justice of the peace, marshal, and his deputies who shall be present, and for every other person or persons who shall be commanded to assist such justice, marshal, or deputy marshal who are hereby authorized and empowered to command all or any of the inhabitants of this territory to assist them respectively to seize and apprehend, and they are hereby required to seize and apprehend such persons unlawfully and riotously assembled and continuing together after proclamation made as aforesaid, that they may be proceeded with according to law. Killing of SEC. 35. And be it enacted, That if any of the persons so rioters not criminal. unlawfully and riotously assembled and continuing together as aforesaid to the number of twelve, for the space of one hour after proclamation made as aforesaid, shall happen to be killed, maimed, or hurt in dispersing or apprehending, or in endeavoring to disperse or apprehend them, by reason of their resisting the person or persons dispersing or endeavoring to disperse or apprehend them, every justice of the peace, marshal, or deputy marshal, and all and singular the persons aiding or assisting them, or any of them shall severally be freed, discharged, and indemnified from any bill, complaint, indictment, or action that may be commenced against him or theni on that account. Obstructing SEC. 36. And be it enacted, That if any person or persons shall proclamation. forcibly, wilfully, or knowingly oppose or obstruct any person TERRITORIAL LAWS. 31 who shall begin or attempt to make proclamation as herein directed, I 8sos. whereby such proclamation shall not be made, or after such attempt and obstruction shall continue together and not disperse, having knowledge thereof, each and every person so offending shall be punished by fine not exceeding one hundred dollars, and imprisoned not exceeding six months: Provided always, that no person shall be punished by the two preceding sections of this act, unless prosecution be commenced within six months after the offense is committed. SEc. 37. And be it enacted, That if any person shall in any Breakingof the manner disturb and break the peace by tumultuous and offensive peace. carriage, by threatening, quarreling, challenging, assaulting, beating, or striking any other person, the person or persons so offending shall be liable to pay such fine as the court, taking into consideration the situation of the party smiting or being smitten, the instrument and dancer of the assault, the time, place, and provocation, according to the nature of the offense, shall adjudge, and if such offense be aggravated by any high handed violence, it shall be the duty of a justice of the peace to bind over the offender to the next district court in the district where the offense shall be committed. SEC. 38. And be it enacted, That in all indictments founded on Persons stand. this act when the persons arraigned shallobstinately stand mute, roceed ho or refuse to plead and be tried by due course of law, such standing against. mute,,or refusal to plead and be tried, as aforesaid, shall be judged to amount to and be a proper traverse or denial of the facts charged in the indictment, and the trial shall thereupon proceed in like manner, and the record shall be in the same form, and the same judgment shall be given against the said party if found guilty as if he or she had, on being arraigned, plead not guilty, and for trial had put himself or herself on the country. SEC. 39. And be it enacted, That when the grand jury, attend- Grand jury. ing the Supreme or District Court, are empaneled and sworn, the court shall appoint a foreman, who shall have power to swear all witnesses to testify before them, and who shall, where the grand jury or any twelve of them find a bill of indictment to be supported by good and sufficient evidence, write thereon "a true bill," and if they do not find any bill to be supported by sufficient evidence, the foreman shall endorse thereon "this bill not found," and the accused person shall thereupon be discharged; and no person shall be held to trial for a capital offense unless a bill of indictment be found against such person for such crime by a grand jury legally empaneled and sworn, and no bill of indictment shall be presented by a grand jury unless twelve of the jurors shall be agreed in the same, and no person shall be compelled to plead to any indictment or information until he or she shall have been furnished with a copy of such indictment or information at least twenty-four hours, and it is hereby made the duty of the attorney prosecuting to furnish the same. SEC. 40. And be it enacted, That any person indicted for any Right of chalcrime, mentioned in this act, who shall have duly pleaded to the lenging jurors. 32 TERRITORIAL LAWS. 1808- indictment or information against him, and put himself on the country for trial shall be permitted to challenge peremptorily six of the jurors, and as great a number farther as he or she can shew good cause for challenging; and if any person indicted as aforesaid shall refuse to put himself or herself on the country for trial, or shall peremptorily challenge a greater number than six of the jurors as aforesaid, the court shall disallow such peremptory challenges, above the number of six, and the jury shall be charged and the trial proceed in like manner in all respects, and the like judgment shall be given as if the person so refusing to put himself on the country for trial or so challenging a greater number than six jurors without assigning any cause, had duly put himself or herself on the country for trial, and had not peremptorily challenged a greater number of jurors than by law he or she might or could have done, and no peremptory challenges to jurors shall be made in behalf of the Territory. Defendant may SEC. 41. And be it enacted, That every person who shall be have witnesses, etc. arraigned or tried for any criminal offense shall be admitted to make any proof that he or she can produce by lawful witness or witnesses who shall then be under oath for his or her just defense in that behalf, and shall have the like process of the court in which he or she shall be tried to compel his or her witnesses to appear for him or her at such trial as is usually granted to compel witnesses to appear against him or her. Mayfindverdict SEC. 42. And be it enacted, That every person arraigned and of manslaughter tried on an indictment for murder, burglary, or robbery, and the evidence in the opinion of the jury shall not be sufficient to prove the crime alleged, it shall be lawful for the jury, on an indictment for murder, to acquit the person indicted for the murder, and to find him or her guilty of manslaughter if the evidence shall be sufficient thereto, and on all indictments for burglary and robbery the jury may acquit of the crimes alleged and convict of stealing if the evidence shall be sufficient thereto. Death penalty, SEC. 43. And be it enacted, That the manner of inflicting the how inflicted. punishment of death shall be hanging the person convicted by the neck until dead. Justices of the SEC. 44. And be it enacted, That every justice of the peace, diction of in within his respective district, be, and he is hereby fully authorized criminalcases. and empowered to hear, try, and determine all cases and actions of a criminal nature, where the fines and forfeitures are within the sum of seven dollars. Idem. SEC. 45. And be it enacted, That every justice of the peace within his district be and he is hereby empowered to cause to be apprehended and committed to prison, or bound over to be tried at the district or Supreme Court, all criminal offenders, the enormity of whose misdemeanors surpass his power to try, and it shall be the duty of each justice of the peace who shall bind over any respondent to appear before any district or Supreme Court to bind over the necessary witnesses, who shall attend before such justice to appear before the same court to which such respondent shall be bound in the same sum in which the respondent shall be bound, TERRITORIAL LAWS. 33 and in case any witness shall refuse to become recognized as afore- 1808. said, such justice shall have power to commit the person so refusing to the common goal in such district, and the goaler is hereby directed to detain such person until he or she shall enter such recognizance and pay the cost of commitment: Provided, that if the respondent shall be committed such justice shall bind each witness severally in such sum as he shall judge proper, considering the nature and aggravation of the offense. SEC. 46. And be it enacted, That in all criminal causes cogniz- Right of appeal. able before a justice of the peace, any person who shall think him or herself aggrieved by the sentertce or judgment given by such justice shall have liberty to appeal to the next district court to be holden within and for the same district, and the party claiming such appeal shall enter the same within two hours from the time of rendering such sentence or judgment, and shall give sufficient security by way of recognizance to the treasurer of the district where the offense is committed when the prosecution is on behalf of the Territory, and if otherwise to the prosecutor, conditioned that he shall personally appear before said district court and there prosecute his appeal so taken to effect and abide the order or sentence of said court, and the party so appealing shall remain in the custody of an officer until he, she, or they have given such security, and the party appealing shall procure and enter the court in which trial on such appeal is to be had, attested copies of the complaint, warrant, writ, sentence, or judgment, and all the evidence filed in the court from which said appeal was allowed, and in all criminal causes tried before a justice of the peace, in which sentence shall be given when no appeal is entered as aforesaid, the justice shall immediately issue his warrant to carry the same into effect, and the several marshals and the deputy marshals are empowered and required to serve any warrant or precept issuing from a justice of the peace within their respective districts. SEC. 47. And be it enacted, That in all actions brought for the Bonds, court recovery of the penalty or forfeiture annexed to any bond of recog- may lessen etc. nizance given or taken in any criminal cause, the several district courts and the Supreme Court respectively are hereby authorized and empowered to lessen the sum of any such bond or recognizance and render such judgment thereon as the nature and circumstances of the case shall require, any law, usage, or custom to the contrary, notwitlhstand i ng. SEC. 48. And be it enacted, That the sixth and eighth sections Repealing. of an act entitled "An act concerning the marshal of the Territory of Michigan," adopted and published on the tenth day of July, one thousand eight hundred five, be, and the same hereby is repealed; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this ninth day of December, one thousand eight hundred and eight. WILLIAM HULL, Attest: Governor of Michigan, and JOSEPH WATSON, Secretary. President of the Legislature. 5 34 TERRITORIAL LAWS. 180sos. AN ACT to repeal an act for the encouragement of literature No. 29. and the improvement of the town of Detroit. December 10. Be it enacted by the Governor and Judyes of IMichigan, That an act for the encouragement of literature and the improvement of the city of Detroit, adopted and published at Detroit the ninth day of September, one thousand eight hundred and five be, and the same is hereby repealed. Made and published at the city of Detroit, in the Territory of Michigan, this tenth day of December, one thousand eight hundred and eight. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 30. AN ACT in addition to an act making appropriations for service December 10. of the year one thousand eight hundred and eight. For officers, Be it enacted by the Governor and the Judges of the Territory of etc.,,of Legisla- Michigan, That for the payment of the daily compensation of the ture. secretary of the legislature, the daily compensation of the sergeant at arms, and the expenses of firewood and other necessary expenses of the legislature for the present year, and likewise for the daily compensation of the legislative secretary previous to the present year, there is appropriated a sutn in addition to the sum or sunis heretofore appropriated not exceeding one hundred and seventy dollars, the same being adopted from the laws of one of the original States, to wit: The State of Pennsylvania, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this tenth day of December, one thousand eight hundred and eight. Attest: WILTIAM IHULL, JOS. WATSON, Governor of Mi/chiganl and President Sec;retary. of the Legislature. No. 31. AN ACT concerning limitations to claims for donation lots in the December 15. city of Detroit. Sec. previous Be it enacted by the Governor and Judges of the Territory of act repealed. Michigan, That the last section of the act entitled "An act concerning the town of Detroit," passed the thirteenth day of September, one thousand eight hundred and six, be, and the same is hereby repealed, and that all persons who are entitled to donation lots in the town of Detroit, by the act of Congress of the Time forclaim- twenty-first of April, one thousand eight hundred and six, be ingextended. allowed until the fifteenth day of January, one thousand eight hundred and nine, to exhibit tle. same to the Governor and Judges as commissioners under said act. TERRITORIAL LAWS. 35 Made and published at the city of Detroit, in the Territory of 1808. Michigan, this fifteenth day of December, one thousand eight hundred and eight. Attest: WILLIAM IHULL, JOSEPH WATSON, Governor of Michigan and President Secretary. of the Legislature. AN ACT for laying out and opening a road from the city of No. 32. Detroit to the foot of the rapids of the Miami, which December 19. enters into Lake Erie. SECTION 1. Be it enacted by the Governor and Judges of the Ter- Lottery-manritory of Michigan, That the Governor be, and hereby is author- agersappointed. ized to appoint three persons as managers of a lottery, and the same three persons when appointed as aforesaid shall cause to be Toraise66,000. raised, by lottery, six thousand dollars. SEC. 2. And be it further enacted, That each of the managers Bond. who shallbe appointed as aforesaid shall, before they enter upon the execution of the duties of their office, enter into a bond to this Territory, with such sureties as the Governor and the Judges of the Supreme court, or any two of them, shall approve, in the sum of two thousand dollars, conditioned for the faithful and honest discharge of the duties required of them by this act, and for rendering a just account of all their proceedings from tinme to time when called on by the legislative authority of this Territory. SEc..3. And be it further enacted, That the managers who shall Disposition of be appointed as aforesaid shall from time to titme, and as often as they shall receive the sum of two hundred dollars for the sale of tickets, deposit the same in the treasury of this Territory. SEC. 4. And be it further enacted, That the managers to be Power toadopt appointed as aforesaid, or a majority of them, shallhavefull power "tehy,c lotc to adopt such scheme or schemes, or to manage the lottery in such nmanner as they shall think proper; to divide the same into classes not exceeding four, and to provide by their scheme or schemes that a portion of the prizes in the first, not exceeding fifty per cent., shall be paid by tickets in the second class, and in the same manner until the lottery is completed, and the classes shall be drawn without delay after the sale of tickets in the city of Detroit. SEC. 5. And be it farther enacted, That the Governor of this Commissioners to lay out road, Territory be, and he hereby is authorized to appoint three coin- appointment, missioners, a majority of wholm shall have authority to lay out a duties of, etc. road from tile city of Detroit to the foot of the rapids of the river Miami, which enters into Lake Erie, of the width of one hundred and twenty feet, in the best and most convenient route, and to have the same surveyed under their direction by such surveyor as shall be appointed by the Governor, and each of said commissioners shall be entitled to a sum not exceeding four dollars a day, to be paid from tile proceeds of the lottery, and inimmediately after the survey is made they shall return a plan of the same to the Legislature of this Territory. 36 TERRITORIAL LAWS. 1S08. SEC. 6. And be it further enacted, That if any part of the road Damages, how shall be laid through inclosed or improved lands the owners thereof assessed and shall be paid such damages as may be sustained by reason thereof, determined which damages shall be determined and assessed in the manner prescribed in like cases in and by the third section of an act entitled "An act concerning highways and roads," adopted the eighteenth day of September, one thousand eight hundred and five, and the payment shall be made from the proceeds of the lottery. Net proceeds of SEC. 7. And be itfurther enacted, That the net proceeds of the tuedattepryfo e lottery, after paying all the expenses of surveying and laying out -road. the road and the expenses of managing the lottery, shall be, and hereby are appropriated to the opening and making the road aforesaid, and such bridges as may be necessary on the same, and for no other purpose, and it shall be done in such manner and under the direction of such agent or agents as the legislative authority of this Territory shall hereafter direct; the same being adopted from the laws of one of the original States, to wit: The State of New York, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this nineteenth day of December, one thousand eight hundred and eight. Attest: WILLIAM HULL, JOSEPH WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 33. AN ACT in addition to an act entitled "An act concerning the December 21. militia of the Territory of Michigan." Governor may SECTION 1. Be it enacted by the Governor and Judges of the lermake detail of ritory of Michigan, That the Governor of this Territory is hereby the militia. authorized and empowered to make detachments of the militia for actual service, or to be held in readiness for the same, in conformity to any requisitions which have been or hereafter shall be made by the President of the United States, pursuant to law, and likewise in case of threatened invasion, insurrection, or other public dangers, when he shall think it necessary, and it shall be AdJutant Gen. the duty of the adjutant general to detail the number of non-comtosdetail requi- missioned officers, music, and privates, which each regiment and other corps are to furnish, and after the commanding officers of regiments or corps have proportioned the number to the respective Determination companies, the persons to be detached shall be determined by lot bylot of those in such manner as the commanding officer of the company shall to be detached, how performed, direct; and any person absent or refusing to draw, the commandetc. ing officer of the conmpany shall draw for him, and it shall be equally binding as if he was present and drew for himself; ProProviso as to vided, however, that no person or persons enrolled in the militia age. under the age of eighteen years and over the age of forty-five years, shall be liable to be detached by virtue of any requisition TERRITORIAL LAWS. 37 from the President of the United States or marched out of the 1 8s08 Territory, by virtue of any orders from the Governor thereof. SEC. 2. And be it further enacted, That every person who shall Penalty for not be ordered or detached in conformity to the provisions of the fore- appearing when going section, who shall neglect or refuse to appear at the place of rendezvous, armed and equipped as the law directs, after having been duly notified, or shall not, in twenty-four hours after he shall have been notified as aforesaid, pay a fine of thirty-four dollars to the commanding officer of the company which he is ordered to join, or procure an able bodied man in his place, such as shall be accepted by the said commanding officerl, shall be liable to be apprehended by a warrant from any justice of the peace in the district where he resides, and committed to the common goal in the district, there to remain without bail or mainprize until lie pays the fine of thirty-four dollars aforesaid, or procures an able bodied man in his place, such as shall be accepted by the said commanding officer, or offers himself to join the detachment at the place of rendezvous, and pays all the costs of his arrest and confinement. SEC. 3. And be itfiurther enacted, That every person who shall When consid. ered a soldier be detached as aforesaid, after he shall have marched to the place and liable to of rendezvous, and after having been committed to the charge of court martial. the officer or officers appointed to command him, shall be considered as a soldier in such detachnment and shall be liable to trial by court martial for disobedience of orders. SEC. 4. And be it further enacted, That if any person shall Desertion. abscond or desert from such detachment, and shall attempt to evade the punishmnent by law provided for desertion, he shall pay a fine of forty dollars, to be sued for and recovered by the captain or commanding officer of the company to which such person belongs at any time within twelve months after the discharge of such detachment, which said fines shall be disposed of and equally divided among the men of said company who actually performed their duty in such detachment. SEC. 5. And be it further enacted, That all officers, non-con- Pay and emolumissioned officers, and soldiers detached and called into actual ments. service in manner aforesaid, shall be entitled to the same pay and emoluments of every kind, bounty excepted, as the troops of the Rules and reguUnited States, and be subject to the same rules and regulations. lations. SEC. 6. And be it further enacted, That if any officer, non-Pension. commissioned officer, or private of the militia shall be killed, or die of his wounds received in the service of this Territory, his widow, child, or children shall be entitled to similar relief and under the same regulations and restrictions as is provided by law in such cases for the relief of widows and orphans of persons killed or dying of wounds received in the service of the United States. SEC. 7. And be it fiJrther enacted, That if any officer, non- Idem. commissioned officer, or private of the militia, shall be wounded or otherwise disabled in the service of this Territory, he shall be entitled to similar relief, and under the same regulations and restrictions as is provided by law in such cases for the relief of 38 TERRITORIAL LAWS. 180s. persons wounded or disabled in the service of the United States; the same being adopted from the laws of two of the original States, to wit: The States of Vermont and Connecticut, so far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this twenty-first day of December, one thousand eight hundred and eight. Attest: WILLIAmI HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 34. AN ADDITIONAL ACT concerning compensation.* December 27. No. 35. AN ACT to provide for the assessment and collection of a terriDecember 27. toral tax. Licenses,for Be it enacted by the Governor and Judges of the Territory oJ what required. Michigan, That no person shall be permitted to retail any goods, wares, or merchandise within this Territory other than the growth or manufacture of the United States, or keep a tavern or public house, or occupy or employ any ferry boat or other water craft for transporting persons or property across any rivers or other waters within or bounding this Territory, for hire, after the tenth day of January next unless he shall have received a license therefor from three justices of the peace, within the district where such Any three person resides, and any three justices as aforesaid are hereby justices may grant and fix authorized, on application, to grant such license, and shall assess amount of. such persons respectively in a sum they shall deem equitable, according to the profits arising from their respective operations; Proviso, maxi- Provided: That no retailers of merchandise shall be assessed more mum and minimum rate. than twenty dollars nor less than five dollars, nor any tavern keeper more than twenty dollars nor less than one dollar, nor any keeper of a ferry at more than fifteen dollars nor less than one Certificate of dollar, and the justices assessing as aforesaid shall furnish the license to be sent to the treasurer of the Territory with a certificate of the names of the Treasurer, etc several persons licensed by them and the sums in which they have assessed each person, on or before the first day of February next, and shall likewise fix and certify the rates of ferriage each ferry Rate of keeper is authorized to demand; and if any person shall retail any erriage goods, keep a tavern or ferry after the said tenth day of January without having obtained a license as aforesaid, he shall be liable Penalty for to pay a sum not exceeding fifty dollars to the treasury of the obtainlicense. Territory, to be recovered in the name of the treasurer thereof with costs of prosecution in an action brought on this statute before any court of competent jurisdiction. Auctioneers. SEC. 2. Be it enacted, That there shall be collected from each * Printed in full, p. 13, vol. 2, Territorial laws. TERRITORIAL LAWS. 39 auctioneer a tax of twenty dollars, and from every person keeping so808. one or more stud horses the sum of two dollars for each horse. Stud horses. SEC. 3. Be it enacted, That the treasurer shall make a list of Treasurerto the persons liable to pay taxes either by the first or second section Tke up list, of this act, and affix the sums severally to their names and sign the same in his official capacity and deliver it to the marshal of the Territory, taking his receipt for the same, and the said marshal Marshal to shall collect and pay the amount thereof into the treasury on or collecttax, etc. before the first day of June next. SEC. 4. Be it enacted, That if any person shall neglect or refuse Penalty for to pay the sum whereof he stands assessed in such roll or rate bill, taox. P the marshal is empowered and required to destrain the goods or chattels of such person, and after having given six days' notice thereof to the owner, may sell the same at public auction to the highest bidder, and after deducting a sufficient sum to pay the tax and reasonable costs, shall return the surplus, if any, to the owner of such property. SEc. 5. Be it enacted, That the several acts and parts of acts Repealing. hereinafter mentioned be, and the same are hereby repealed, viz.: "An act in addition to an act entitled,'An act concerning ferries, tavern keepers, and retailers of merchandise,' " adopted the twentysixth day of September, one thousand eight hundred and six; "An act imposing certain taxes," adopted the tenth day of September, one thousand eight hundred and five; the first, fourth, fifth, sixth, seventh, and eleventh sections of "An act concerning ferries, tavern keepers, and retailers of merchandise," adopted the twentv-ninth day of August, one thousand eight hundred and five; "An act concerning the taxes of the year one thousand eight hundred and eight," adopted the second day of June, one thousand eight hundred and seven; "An act to repeal certain parts of the act relative to ferries, taverns, retailers, auctioneers, and taxes," adopted the eleventh day of December, one thousand eight hundred and six; "An act in addition to an act entitled,'An act imposing certain taxes and to repeal certain parts of the said act,"' adopted the twenty-sixth day of September, one thousand eight hundred and five; "An act repealing in part an act concerning ferries, taverns, and retailers of merchandise, and so much of an act concerning auctions, as imposed a duty of fifteen dollars on auctioneers, adopted the thirtieth day of August, one thousand eight hundred and five, the same being adopted from the laws of two of the original States, to wit: The State of New York and the State of Ohio, as far as necessary and suitable to the circumstances of the territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this twenty-seventh day of December, one thouand eight hundred and eight. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. 40 TERRITORIAL LAWS. 1 8 09 AN ACT prescribing the mode of assessing and collecting taxes No. 36. within this Territory. January 17. Be it enacted by the Gorernlor and Judges of the Territory of Judges of dts- Michigan, That the judges of the respective district courts within appoint. this Territory, or a majority of them, shall, some time in the month of March, annually, appoint in each respective district three disDistrict asses- creet persons, who shall be denominated district assessors, who sors, duties of, etc. shall, between the first day of June and the fifteenth day of July in each year, make out a roll of all the free male inhabitants of the district over the age of twenty-one years and under sixty, and also a roll of all those over eighteen years and under twenty-one, on which roll, agreeable to a form to be furnished by the treasurer of the Territory, they shall make assessment in the manner folPolltax. lowing, to wit: on each head or poll over twenty-one years and under sixty, twenty dollars; on each head or poll over eighteen Land,improved. and under twenty-one, ten dollars; on each acre of improved land other than orchardings, one dollar and seventy-five cents; on each Orchards. acre of orchard, ten dollars; on each house of the value of two Houses. hundred dollars and upward, at the rate of two per cent on its Carriages. just value; on each pleasure wheel carriage, eight per cent on its Horse. just value; on each horse kind of three years old and upwards, thirteen dollars and fifty cents; on each ox, bull, cow, steer, or Cattle. heifer of three years old and upward, six dollars and fifty cents; Clocks. on each house clock, other than wooden clocks, and gold watches, Watches. ten dollars, and on other watches, three dollars; and shall assess Professions and each practicing attorney, physician, merchant, auctioneer, or pedbusntess pur- dler, and each keeper of tavern or ferry such sum as shall seem proportionable and just according to the profits arising to them respectively from their professions or employments, not exceeding two hundred dollars, nor less than twenty dollars each; which roll Tax roll to be Of assessments made up as aforesaid shall be signed by said assessdelivered to treasurers,- ors, or any two of them, and delivered to their respective district when. treasurers, and an exact duplicate returned to the treasurer of the Territory on or before the thirty-first day of July following, Time extended except the assessors for the district of Michilimackinac shall be for Michilimackinac. allowed until the tenth day of September to make their returns to the treasurer of the Territory; and the assessors previous to entering upon the duties prescribed by this act, shall severally Oath, asses- take an oath before some magistrate within this Territory, faithsor's. fully and impartially to discharge the same; and when any person liable to be assessed by the provisions of this section, shall, on Refusal to dis- request made by any assessors, neglect or refuse to exhibit or disclose, penalty for.ep Y close any matter or thing within his knowledge or possession which is made subject to assessment by this section, it shall be lawful for the assessors to assess double the assessment on such matter or thing which they shall have good reason to believe such person is possessed of and refuses to exhibit or disclose as aforesaid, and shall note it in their roll of assessment as being two-fold: Proviso-Mich- Provided, That the judges of the district of Michilimackinac shall ilimackinac e district. be allowed until the first day of July of the present year to make TERRITORIAL LAWS. 41 the appointment of assessors, and the assessors until the fifteenth 1809. day of August to make the return of the assessment of that district to the treasurer of the territory. SEC. 2. And be it enacted, That when it is necessary to collect Territorial Tax, a territorial tax the same shall be first assessed by the legislature and collected. thereof, declaring what sum shall be raised upon the dollar of the aggregate of the whole of the last preceding district assessments, made and returned to the treasurer of the territory, agreeable to the provisions of the first section of this act, and thereupon it shall be the duty of the treasurer of the territory to make out a roll or rate bill on which shall be written the namnes of the several persons found on the returns made by the district assessors as aforesaid, annexing to the names severally the sum of which they stand assessed, and on another column, in which shall be entered the sum of the tax to be collected, and shall sign the same, affixing the office of treasurer of the territory, and shall deliver the same to the marshal of the territory, taking his receipt for the amount of the said tax, specifying the time within which the marshal is to collect and account for the same at the said treasury, which shall not exceed the first day of the following October. SEC. 3. And be it enacted, That it shall be the dutv of the Penalty for nonmarshal of the territory to receive and receipt the said rate bill as enforced, etc. aforesaid, and when any person whose name shall be on said rate bill shall refuse or neglect to pay to the said marshal the sum annexed to his name as aforesaid within a reasonable time after notified thereof by the marshal, in case of such refusal or neglect the marshal is hereby empowered and directed to distrain the goods and chattels of such person, and sell the same at public auction to the highest bidder, after first having given six days' notice of such sale by posting up an advertisement thereof in some conspicuous place where such sale is to be made, and after having retained so much of the money arising from the sale as will pay the tax for which such property was sold and the just costs attending the same, he shall return the overplus money (if any) to the owner of such property, and in cases where the marshal cannot find property whereon to levy, he is hereby empowered and directed to take the body of such delinquent and commit him to the goal within the same district, and the keeper of the prison is hereby required to detain such person until he shall have paid his said tax and the cost which has accrued on the samle, or be otherwise liberated by order of law; Provided, That in cases where the tax is Proviso, as to wholly on the poll, if the person against whom such poll tax is poll tax. about to be collected procures a certificate from two disinterested justices of the peace within the same district setting forth and declaring that they consider such person wholly unable to pay such tax, and that they do believe such person has not fraudulently concealed or disposed of any property for the purpose of evading the payment thereof, the body of such person shall not be imprisoned for such tax. SEC. 4. And be it enacted, That in levying and collecting dis- District taxes, trict taxes the same mode shall be pursued as is pointed out by lecting of. 6 42 TERRITORIAL LAWS. 1 809. the second and third sections of this act, except the tax shall be assessed by the district courts, and the rate bill shall be made by the district treasurer, and delivered to the marshal of the district, and the treasurer and marshal of each respective district shall have the same powers and be subject to the same accountability in the making up and collecting of district taxes as are by this act given to or imposed on the treasurer and marshal of the Territory in making up and collecting territorial taxes. Appeal from SEC. 5. And be it enacted, That when any person shall think excessive assessment. himself oppressed by any assessment made pursuant to this act, lie shall have a right to make application to the judges of the court of the district where the assessment was made, who, or any two of them, on a consideration of the complaint, are hereby authorized and empowered to make such abatement in such assessment as they shall deem equitable and just, and transmit imrmediately a certificate thereof to the district and territorial treasurers: Proviso-re- Provided, That in no case shall the judges have power to lessen ductionlimited. any assessment more than one-fourth part. District treas- SEC. (6. And be it enacted, That there shall be appointed a, urer, appoint- treasurer in each district by the judges thereof, who, before he enters upon the duties of his office, shall enter into bonds to the Bonds. district in such sum and with such sureties as shall be prescribed and approved by said judges, which bond shall be lodged inr the office of the clerk of the district court for the security of the disOath. trict; and the said treasurer shall take an oath before one of the judges of the district court for the faithful discharge of his duty as treasurer to the district, and shall, annually, and oftener if required by the district court, or the legislature of the territory, Report. render a full, fair, and accurate account of the state of the treasury, and no money shall be paid out of the treasury but in consequence of an appropriation thereof made by the judges of the district, or a Money to be majority of them. And it shall be the duty of the treasurer to paid. examine, state, settle, and audit the claims against the district, Settle and audit and to give the claimant a certificate of the sum due; and the person claims, etc. holding such certificate, before he shall be entitled to draw the money fromn the treasury thereon, shall procure an order founded on such certificate from one of the judges of the district court, which certificate and order as aforesaid, together with the receipt of the person in whose favor the money shall be drawn, shall be good accounting for the treasurer in his settlement with the district. Compensation SEC. 7. And be it enacted, That the judges of the several dis — of treasurer; trict courts may respectively allow such compensations to the treas-: urer for his services as shall be equitable, not exceeding twenty of assessors. dollars per annum; and likewise compensations to the assessors, not exceeding one dollar per day each for each day actually spent. in the business required of them by this act. Allowance to SEC. 8. And be it enacted, That there shall be allowed to the marshal for collecting tax. marshal of the Territory six per cent on all territorial taxes by him collected and paid into the treasury, and six per cent to the marshals of the several districts on all district taxes by them col — lected and paid into the district treasury. TERRITORIAL LAWS. 43. SEC. 9. And be it enacted, That the fifth section of the act entitled 18 0 9. "An additional act concerning district courts," passed the secondepealing day of April, one thousand eight hundred and seven, be and the same is hereby repealed: Provided, That nothing in this section Proviso-act shall be construed to affect the assessments already made in any dis- retrbtive trict or the disposition of money already collected, or to be collected agreeable to said assessments; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit within the Territory of Michigan, this seventeenth day of January, one thousand eight hundred and nine. Attest; WILLIAM HULL, JOS. WATSON, Governor of iMcliyqan, andt President Secretary. of the Legislature. No. 37. AN ACT concerning highways. January 18. Be it enacted by the Governor and Judges of the Territory of Highway dis-Michigan, That the judges of the respective district courts shall, trcts-hte. before the month of April next, divide each district by suitable designating descriptions into such parts as they shall deem necessary, to be denominated highway districts, and shall cause such divisions to be recorded in the district treasurer's office, subject to be altered by said judges. SEC. 2. And be it enacted, That the judges aforesaid shall, in Surveyor of the month of March, annually appoint a suitable person in each pointmentoaf, highway district who shall be denominated surveyor of highways, etc. and shall furnish the district treasurer with a list of their names, who shall, before they enter on the duties assigned them by this act, take an oath before some magistrate in this territory faith- Oath. fully and impartially to perform the same, and any person appointed as aforesaid, who shall neglect or refuse to be qualified Penaltyforreand serve in such capacity, unless he show satisfactory cause to or serve. the said judges for neglecting or refusing, shall pay a fine to the treasurer of the district of thirty dollars, with costs of prosecution, and the judges shall appoint another person in his room. SEC. 3. And be it enacted, That the said surveyors shall have a May survey, lay out, and alter right to lay out and survey any new road within their respective roads. districts, and alter any old roads when necessary; accurate sur- If approved by Judges to be veys of which, if approved by the judges of the district courts, recorded with shall be recorded iln the office of the district clerk: Providead, clerki. shall be recorded in the office of the district clerk: Provided, Proviso. That no road or street which has already been or shall hereafter be laid out or surveyed by special act of this legislative board, shall be shut up or altered without its express authority therefor. SEc. 4. And be it enacted, That there shall be done in each dis- Ten days' road trict in each year to the amount of ten days' work to every taxa- work. ble poll, apportioned to each person according to his last preceding assessment, at the rate of one dollar per day. 44 TERRITORIAL LAWS. 1809. SEC. 5. And be it enacted, That the district treasurers shall, in the month of March, annually furnish each district surveyor with Rate bill-how a rate bill made up agreeable to the provision of the fourth secmadeup, etc. tion of this act, taking his receipt for the amount of the days' Proviso,oneday work contained in it; Provided, always, That no one shall be at least. made up at less than one whole day: Provided, also, That each Proviso, new surveyor be authorized to place on his rate bill, warn, and call residents. upon every person subject to pay taxes who may come to reside in his district after he has received his rate bill, to do one day's work on the highway, who are hereby mnade liable to perform the same, unless they can mneke it to appear that they have done their highway work for the same year in some other district within this territory. Time for per- SEC. 6. And be it enacted, That each surveyor shall cause twoforming road work. thirds of the work contained in his rate bill to be done in the month of June, and the other third in the month of Septeniber. Three days' SEC. 7. And be it enacted, That it shall be the duty of each surveyor to give each person whose name is in his rate bill at least three lays' warning before the day he shall set for doing the work, Iow given. by personal notice, or leaving word at his usual place of abode with some person of discretion, and if any person shall prefer to Maypaytaxin pay his tax in money instead of labor, the surveyor is hereby money instead d of labor. authorized to accept it and cancel the samne at the rate of one dollar per day, and procure therewith some other person to perform said work. Teams, allow. SEC. 8. And be it enacted, That when it shall be necessary to ance for. employ a team in doing highway work, there shall be allowed therefor at the rate of one dollar per day for each horse and cart, or a horse and plow, and one dollar for a yoke of oxen and cart or plow, to every person who shall furnish the same by request of a Can not be com- surveyor; and any person who shall be warned as provided in the muted for. preceding section of this act to furnish such team and implements as he is the owner of, shall not be allowed to commute therefor by paying the money, but shall furnish the same, and on neglect Penalty for shall be proceeded against as is provided in the ninth section of refusal. this act, in case of refusal to work, or commute by paying the money therefor. Penalty for SEC. 9. And be it enacted, That every person made liable to do f orm work or highway work by the provisions of this act, who shall neglect or pay tax. refuse to perform the same, or commute therefor by paying the monley, agreeable to the provisions of the seventh section of this act, shall pay a fine to the treasurer of the district wherein he resided at the tinle of such neglect or refusal, of treble the value of the tax, with costs of prosecution, to be recovered in the name of the treasurer thereof, and it shall be the duty of the surveyor to return the name of any person so neglecting or refusing to the district treasurer immediately on such neglect or refusal. Repair of SEC. 10. And be it enacted, That whenever any bridge or road roadgspecial shall get impaired or obstructed so as to mnake it dangerous or call may be difficult passing the same, it shall be the duty of the surveyor of made, etc.of the persos o ate the same district to call out so many of the persons on his rate TERRITORIAL LAWS. 45 bill, with such teams or implements as shall be necessary for the 1809. immediate repairing or clearing the same, in which case he shall not be obliged to give three days' notice, and any such person Without notice. being so called upon, who shall neglect or refuse to give irnme- Penaltyfor diate assistance, shall pay a fine not exceeding five dollars, with refusal. costs of prosecution, to be received and applied as provided in the ninth section of this act; and the fines and forfeitures which shall be received by this or the ninth section of this act, shall be expended in making or repairing bridges and highways within the district, except so much as may be necessary to compensate persons for labor done on the highways in extraordinary cases, over and above their rate. SEC. 11.'And be it enacted, That it shall be the duty of each Report of year's doings to be surveyor, at the end of the year for which he was appointed, to madetotreasreturn to the district treasurer his rate bill, together with a full urer etc. and just statement of all his proceedings thereon, and if necessary, may be examined on oath relative thereto, which oath the said treasurer is hereby authorized and empowered to administer. SEC. 12. And be it enacted, That if any person shall datn or Water or road obstruct ally waters made highways, by erecting any mill, wier, or penalty for.ti other works, or by throwing timber in the same, or shall obstruct any public road or highway, every person so offending shall, for each offense, pay a fine not exceeding thirty dollars, to be recovered in the name of the treasurer of the district where the offense is committed, and is to be applied as is provided by the ninth section of this act. SEC. J3. And be it enacted, That when any person through Damages —how whose land a public highway or road shall be opened, conceives fxed, etc. himself aggrieved thereby, may set forth his grievances in writing to the judges of the district court where the road or highway is opened as aforesaid, and thereupon the said judges shall appoint five disinterested persons who shall be summoned by the marshal of the district to meet on the land, and being first sworn by a justice of the peace truly and impartially to assess the damages such complainant will sustain, the party having six days' notice previous of the day they shall proceed to view the highway or road, and take into consideration how much less valuable the property of such complainant will be rendered by the highway or road, and they, or a majority of them, shall assess the damage, if any, and report the same to the judge of the district court, who shall order the same to be paid out of the district treasury; and if a majority of the said appraisers assess no damages, or less than the costs would amount to, the complainant shall pay the cost. SEC. 14. And be it enacted, That an act entitled "An act con- Repealing. cerning highways and roads," adopted and published at Detroit on the eighteenth day of September, one thousand eight hundred and five, be and the same is hereby repealed; Provided, neverthe- Proviso. less, andE it is hereby enacted and exprefsly declared, That the aforesaid repealed act shall be in full force as to all matters or things done or transacted during its existence to which it relates, to all intents and purposes, as though this act had not been 46 TERRITORIAL LAWS. 1809. made; the same being adopted from the laws of two of the original States, to wit: The State of New York and the State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this eighteenth day of January, one thousand eight hundred and nine. Attest: WILLIAM HITLL, JOSEPH WATSON, Governor of Michigan and President Secretary. of the Legislature. No. as. AN ACT for the probate of wills and the settlement of testate January 31 and intestate estates.* No. 39. AN ACT for the support of the poor.t February L No. 40. AN ACT for the maintenance and support of illegitimate chilFebruary 4. dren. Persons accused SECTION 1. Be it enacted by the Governor and Judqes of bastard chil- the Territory of Michigan, That on complaint made to any juSdren may be tice of the peace within this Territory, by any unmarried woman brought before justices. resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child, which if born alive may be a bastard, accusing any person of being the father, of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the marshal, or one of his deputies within said district, commanding him forthwith to bring such accused person before said justice to answer to such complaint, and on return of such warrant, the justice, in the presence of the accused person, if he may be taken, and if not, then in his absence, Complainant to shall proceed to examine the complainant, under oath, respecting be examined on oath. her cause of complaint, and such accused person shall be allowed to ask the said complainant, when under oath, any questions he may think necessary for his justification, and such questions and answers, with every other partof the examination, shall be reduced to writing by the justice, and if, on examination of such accused When such per. person, he shall pay, or secure to be paid to the woman complainsons may be discharged. ant, such. sum or sums of money, or other property as she may agree to receive in full satisfaction, and shall further enter into bonds with one or more sufficient sureties, to be approved by the justice, to the treasurer of the district, in the penal sum of two hundred dollars, in which such woman shall reside, conditioned to save such district free from all charge towards the maintenlance of * Printedl in full p. 13, vol. 2, Territorial laws, t Printed in futll p. 40, vol. 2, Terrltorial laws. TERRITORIAL LAWS. 47 said child; in such case the justice shall discharge such person, on 1s09. his paying the costs of prosecution. SEC. 2. And be it enacted, That when a woman has a bastard Women having bastard children child and neglects to bring forward a suit for its maintenance, or failing to comcommences ta suit and fails to prosecute to final judgment, the plain or proseoverseers of the poor, in any district interested in the support of of the poormay. any such bastard child, when sufficient security is not offered to save the district from expense, may bring forward suit in behalf of the district, against him who is accused of begetting such child, or mnay take up and prosecute a suit begun by the mother of the child. SEC. 3. And be it enacted, That in case such accused person Personsaccused dos otcmpy'th rviiosto be recognized does not comply with the provisions in the first section in this act to appear at the contained, the justice to whom such complaint was made, shall next district bind such person in a recognizance to the treasurer of the district, to appear at the next district court, with sufficient security, in a sum not less than one hundred dollars, nor mlore than five hundred dollars, to answer such accusation, and to abide the order Not giving of said court thereon, and, on neglect or refusal to find such securityto be security, the justice shall cause him to be committed to the jail of jail. the district, there to be held to answer to such complaint. SEc. 4. Anzd be it enacted, That if, at the time of such court, Recognizance the woman be not delivered, or be unable to attend, the court bydistrictcourt shall order the renewal of the bonds of recognizance that the per- when woman son complained of shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend, and the continuance of such bonds shall be entered by order of said court, and shall have the same force and effect as a recognizance taken in court for that purpose. SEC. 5. And be it enacted, That when such accused person shall On plea of not plead not guilty to such charge, before the court to which he is beiltyiIssuetto recognized, the court shall order the issue to be tried by a jury, and on the trial of such issue, the examination before the justice Mother of child shall be given in evidence, and the mother of the bastald child a competent shall be admitted as a competent evidence, and her credibility be left to the jury: Provided, always, That no woman shall be admit- Proviso. ted as a witness as aforesaid, who has been convicted of any crime which would by law disqualify her from being a witness in any other case, and on the trial of the issue, the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also any variation in testimoihy before the justice and that before the jury, and also any other confession of her, at any tinte, which does not agree with the testinmony, or any other pleas or process made and produced on behalf of such accused person. SEC. 6. And be it enacted, That in case the jury find the defend- Judgment and ant guilty, or such accused person before the trial shall confess in pveredictgs on court that the accusation is true, he shall be judged the reputed guilty. father of such child, ald( shall stand charged with the lmaintenance thereof in such a sum or sumIs as the court shall order and direct, with payment of costs of prosecution, and moreover be 48 TERRITORIAL LAWS. 8s09. liable to the suit of the complainant for damages, and the court shall require the reputed father to give security to perform the aforesaid order; and in case the reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the district, there to remain till he shall comply with -the order of the court, or until the court shall, on sufficient cause shown, direct him to be discharged, and the judgment of the district court herein shall be final, any law, usage, or custom to the contrary notwithstanding. Repealing SEC. 7. And be it enacted, That all other laws, or parts of laws on this subject be and the same are hereby repealed. This act shall take effect and be in force from and after the first day of March, one thousand eight hundred and nine; the same being adopted from the laws of one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this fourth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 41. February 4. AN ACT subjecting real estate to the payment of debts.* No. 42. AN ACT directing the mode of taking inquisitions on the body February 9. of a person found dead by casualty or violence. Inquisition of Be it enacted by the Governor and the Ju1dges of the Yerritory of death. Michigan, That the marshal as soon as he shall be certified of Duties of the the dead body of any person supposed to have come to his or her marshalthereto death by violence or casualty, found or lying within any district Jurysummoned. of the territory, shall forthwith summon a jury of good and lawful men of the district, at such time and place as he shall appoint. The marshal shall repair to the place where the dead body is at Penaltyfornon- the time mentioned. Every person summoned as a juror as aforeappearance. said that shall fail of appearance without having a reasonable excuse therefor shall forfeit thirteen dollars thirty-three and * Printed as first adopted, p. 40, vol. 2, Territorial laws. Printed as after amend.ment p. 154, vol. 1, Territorial laws. The following from page 235 of the manuscript volume, will explain itself: September 5, 7810. The act entitled " An act subjecting real estate to the payment of debts," which is to be found on the 135, 136, 137, 138, 139, and 140 pages o)f this book, was this (lay signed by William lIul l, Governor of the Territory of Michigan, Augustus B. Woodwvard, one of the Judlges of the Territory of Alichigan, John Griffin, one of the Jutlges of the Territory of Michigan, andt attested by Jos. Watson, Secretary, after having undergone the following alterations and amenldments, to wit: By striking out ill the seventh line from the top of the 136th page after the word " manner," the words "and methodi," andI by placing the words" tile State of Penlnsylvani;a" before the words " the State of Vermont," in the adopting clause on the 140th page. WITNESS MY HAND: JOS. WATSON. Secretary to the G. and J,. TERRITORIAL LAWS. 49 one-third cents, which forfeiture shall be recovered before any 8so09. authority having cognizance of the same and shall be applied to the use of the territory. The marshal shall swear the jurors upon a view of the body in the forin following: "You solemnly swear or oath. affirm that you will diligently inquire, and true presentment make, on behalf of the Territory of Michigan, how and in what manner this Inan or woman, as the case may be, who here lies dead, came to his or her death, and you shall render to me a true inquest thereof, according to such evidence as shall be laid before you, and according to your knowledge, so help you God." The jurors being sworn, the marshal shall give them a charge upon their Charge. oaths, to declare of the death of the person, whether he of felony, or mischance, or accident; and if of felony who were the principals, and who were accessories, with what instrument he was struck or wounded, and so of all circumstances and matters which may come by presumptions and if by mischance or accident, whether by the act of man or whether by hurts, fall, stroke, drowning, or otherwise; to inquire of the persons who were present, the finders of the body, his or her relations and neighbors, whether he or she was killed in the same place where he or she was found, and if elsewhere by whom and how he or she was brought from thence, and of all circumstances relating to said death; and if he or she died of his or her own act, then to inquire of the manner, means, instrument, and of all circumstances concerning it. The jury being charged shall stand together Witnesses. and proclamation shall be made for any person that can give evidence to draw near, and that they shall be heard. The marshal is hereby empowered to send out his warrant for witnesses, commanding them to come before him to be examined and to declare their knowledge concerning the matter in question, and he shall administer to them an oath in form following: "You solemnly swear Oath. that the evidence which you shall give to this inquest concerning the death of this man or woman, or calling the name of the person, if known, here lying dead, shall be the truth the whole truth, and nothing but the truth, so help you God." The evidence of Evidence to be n I in writing. such witnesses shall be in writing, subscribed by them. If thev relate to the trial of any person concerned in the death, then shall the marshal bind such witnesses by recognizance, to the treasurer When to be recognized to of the territory, in a reasonable sum for their personal appearance appear at next at the next court having jurisdiction there to give evidence accord- term of court. ingly and take into his custody such witness or witnesses as shall refuse to recognize as aforesaid, and shall return to the same court Refusal to give the inquisition, written evidence, and recognizance by him taken. recognizance. SEC. 2. And be it enacted, That the jury having viewed the body, Form of the heard the evidence, and made all the inquiry within their power, inquisition. they shall draw up and deliver to the marshal their verdict upon the death under consideration, in writing, under their hands, in the following or equivalent form: Territory of Michigan, district of (inserting here the name of the district), to-wit: An inquisition taken at (here mention the name of the place), within the said district (inserting here the date), before (inserting here 7 50 TERRITORIAL LAWS. 1809. the name of the marshal aforesaid), upon the view of the body of (inserting here the name of the deceased), there lying dead, by the oaths of (inserting here the names of the jurors), good and lawful men, who, being charged and sworn to inquire for the territory of Michigan, when, how, and by what means the said (here inserting the name of deceased), came to his death, upon their oaths do say (inserting how, when, and by what means, and with what instrument he was killed).-If it appears that he has beedp murdered by a person known, then the inquisition shall be concluded in this form: And so the jurors aforesaid, upon their oath aforesaid, do say that the aforesaid, (inserting here the name of the supposed felon) in manner and form aforesaid, then and there of his malice aforethought, the said (inserting here the name of the deceased), did kill and murder, against the peace and dignity of the Territory of Michigan, and the laws of the same. If it appears to be self-killing then shall the inquisition be concluded thus; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said (inserting here the name of the deceased), in manner and form aforesaid, then and there voluntarilv did kill himself. If it appears that the death was by misfortune; and so the jurors aforesaid, upon their oaths say that the said (inserting here the name of the deceased) in manner aforesaid, came to his death by misfortune. If innocently by the hands of any person: The jurors upon their oaths aforesaid, do say that the said (inserting here the name of the person supposed to be the innocent cause of the death of the deceased), the aforesaid (inserting here the name of the deceased), by misfortune and against and contrary to the will of him, the said (inserting here the name of the person supposed to be the innocent cause of the death of the deceased), in man. ner aforesaid did kill. In witness whereof, the marehal and jurors to this inquisition have set their hands, the day and year Marshal to above said. Upon an inquisition found of the death of any perInform Justices, Sonl by the felony or misfortune of another, the marshal shall when. speedily inform one or more of the justices of the district thereof, to the intent that the person killing, or being any way instrumental to the death, may be apprehended, examined, and secured in order for trial. Punishment of SEC. 3. And be it enacted, That if the marshal be remiss, and the marshal for make not inquisition upon the view of the body slain or murdered, oril shall not endeavor to do his office upon any person dead by misadventure, or shall not certify the inquisition by him taken, in the manner directed by this act, he shall for every such offense forfeit the sum of one hundred dollars, one-half thereof to the use of the informer, the other half to the use of the territory; the same being adopted from tile laws of two of the original States, to-wit: the States of Massachusetts and Virginita, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Terri TERRITORIAL LAWS. 51 tory of Michigan, this ninth day of February, one thousand eight 1809 hundred and nine. Attest: W~ILLTAI HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 43. AN ACT concerning ferries. February 9. Be it enacted by the Governor and Judges of thle Territory of Ferry keepers Michigan, That every person obtaining a license to keep a ferry to always have shall provide and keep in complete repair, a good and sufficient service. boat for the safe conveyance of persons and property and shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until nine of Hoursof the clock in the evening, at all times when the creek or river service. over which the ferry is kept is passable; and shall, moreover, at all such times, at any hour of the night or day when called upon, convey the mail, or other public express across said ferry, and if any person obtaining a license as aforesaid shall refuse or neglect Penaltyfor non to perform the duties herein enjoined, or any of them, the per- compliance. son so offending shall forfeit and pay for every such offense, a sum not exceeding one hundred dollars. SEC. 2. And be it enacted, That if any keeper of a ferry as Penaltyfor aforesaid, shall demand a higher rate or sum for ferriages than overcharging. shall be allowed by law, the person so offending shall forfeit and pay a fine not exceeding one hundred dollars, the same being adopted from the laws of two of the original States, to wit: The States of Ohio and New York, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this ninth day of February, one thousand eight hundred and nine. Attest: WILLIAIM HULL, Jos. WATSON, Governor of Michiqan and President Secretary. of the Legislature. AN ACT concerning the treasurer of the Territory of Michigan.* FebNrua 9. No. 45. AN ACT concerning tavern keepers. February 9. Be it enacted by the Governor and Judges of the Territory ofPenaltyfor Michigan, That every person obtaining license for a tavern, shall vide forman provide and furnish suitable entertainment and accommodation and horse. for man and horse, and for failure therein shall be liable to prosecution and fine to any amount not exceeding one hundred dollars; Provided, that nothing ill this section contained shall be con- Proviso. strued so as to compel any tavern keeper to entertain any person * Printed in full p. 46, vol. 2, Territorial Laws. 52 TERRITORIAL LAWS. 18 09. living in the neighborhood whose situation is not such as reasonably requires entertainment. Penalty for SEC. 2. And be it enacted, That if any person licensed to keep allowingrioting, a tavern, or any retailer of wine, spirituous liquors, or strong ness, etc. drink, shall knowingly permit or allow of any rioting within their houses, out-houses, shed, arbor, or other place in their occupancy, or shall suffer any disorder, reveling, or drunkenness therein, every such tavern keeper or retailer on being thereof legally convicted, shall for every such offense be fined not exceeding one hundred dollars, besides costs; the same being adopted from the laws of one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this ninth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Miichigan and President Secretary. of the Legislature.'No. 4. AN ACT concerning auctions. February 9. Governor to Be it enactedby the Governor andJfudges of the 2erritory of Michappoint. igan, That the Governor of the Territory of Michigan shall annually appoint so many persons, within the Territory, to be auctionNoneotherto eers as he shall judge proper. No person whatsoever, other than act. persons appointed and authorized as aforesaid, shall sell, or expose to sale at public auction or vendue, within the Territory, any Penalty for non- goods, wares, merchandise, or effects whatsoever; and every percompliance, son offending shall forfeit the sum of one hundred dollars for each article so exposed to sale. Every auctioneer, before he Bond. enter upon the execution of his office, shall give bond to the treasurer of the Territory in one thousand dollars, with two sufficient sureties, conditioned for the faithful execution of his office according to law, to be taken by any justice of the peace and Must sell to returned to the clerk of the district. All goods, wares, merchanhighest bidder. dise, and effects whatsoever, exposed to sale at public auction or vendue within the Territory, shall be struck off to the highest bidder, and shall be subject, if the auction be in the city or disTax on sales. trict of Detroit, to a duty of three dollars, and if in any other place in the Territory, to a duty of two dollars for every one hundred dollars of the value or price at which the same shall be sold, and at and after the same rate for every greater or less sum, to be paid by the person who shall so sell the same, to the Inarshal of the Territory, at or within ten days from the day of the sale. Goodsbidinby In all cases when the auctioneer or the owner of such goods so owner, etc. exposed to sale, or any person employed by them, or either of them, shall be the highest bidder, the goods shall be subject to the payment of the said duties, as if they had been sold to any TERRITORIAL LAWS. 53 other person. Every auctioneer who shall sell any goods, shall, 1809. within twenty days after the expiration of every six months, to be computed from the first day of April and the first day of Auctioneers to October in every year, render a just and true account in writing, annualreports. subscribed by him, to a justice of the peace of the district, of all goods by him sold, of the days when the same were respectively sold, and the amount of the sales of each day, and shall thereupon take before the said justice the following oath or affirmation: "I do solemnly swear, or affirm that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, and merchandise or effects sold by me, subject to a duty by law, within the time mentioned in the said account, and of the days upon which the same were respectively sold, and the amount of the sales of each day." The account, with the oaths endorsed, shall be immediately transmitted to the clerk of the district. Every auctioneer neglecting or refusing to pay the moneys due for the Penaltyfornonduties, according to law, or to render his account thereof, or payment of tax, otherwise violating the law, shall forfeit his appointment, and shall thereafter be disqualified from being an auctioneer, and shall forfeit for every offense one hundred dollars. All auctions Auctions tobe shall be in open day, between sunrise and sunset. No auctioneer in daylight. shall sell at private sale any goods, wares, merchandise, or effects, Private sales excepting when such auctioneer being a merchant shall sell his forbidden. own goods and merchandise as such. No auctioneer shall receive or Commission accept any higher or further reward for his services in the sale of allowed. any goods, wares, merchandise, or effects than at and after the rate of two and one-half per cent in value to which the said goods or effects by him actually sold shall amount, unless a previous agreenient be miade in writing between the owner of such goods or effects and such auctioneer for such further and higher reward. Every auctioneer guilty of any fraud or deceit in the execution of Penalty for this act, or in eluding or defeating the operation thereof, shall fraud, deceit, etc. forfeit one hundred dollars for each offense; the same being adopted from the laws of one of the original States, to wit: The State of New York, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this ninth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, Jos. WATSON, Governor of ]Michigan and President Secretary. of the Legislature. 54 TERRITORIAL LAWS. 1809. AN ACT concerning the militia of the Territory of Michigan.* No. 47. February 10. No. 48. AN ACT defining the powers of justices of the peace in causes of a civil nature. t No. 49. February 18. AN ACT concerning depositions and witnesses. Deposition of witnesses, when Be it enacted by the Governor and Judges of the Yerritory of same may be taken out of Michiqan, That when any witness shall be more than fifty miles from the place of trial in any civil cause, or is going out of the territory not to return before the time of trial, or by reason of age, sickness, or other bodily infirmity, he or she are rendered incapable of traveling and appearing at court, every justice of the peace be and he is hereby empowered to take the deposition of such witness, out of court, and every justice to whom application is made to take a deposition out of court, shall issue a subpoena for the appearance of the witness before him, in the usual form, and shall also issue citation to the adverse party if he, she, or they live within this territory and within fifty miles of the place of caption; of the following tenor: Territoryv of Michigan, Form of cita _ _ _ _ _ _ _- district. tion. To the marshal -district, or to, an indifferent person, greeting: In the name of the Territory of Michigan, you are hereby required to notify-, of the district of.... -.-, to appear before me at, in the district of —-- ----,_ on the -- day of, at- o'clock, ----------- noon, to be present at the taking of the deposition of, to be used in a cause to be heard and tried before * Printed in full, page 48, Vol. 2, Ter. Laws. The following, found page 235 of manuscript volume containing these laws, will explain itself: September 5, 1810. The act entitled "An act concerning the militia of the Territory of Michigan," which is to be found on the 148, 149, 150, 151, 152, 153, 154, and 155 pages of this book was this day signed by William Hull, Governor of the Territory of Michigan, Augustus B. Woodward, one of the judges of the Territory of Michigan, John Griffin, one of the judges of the Territory of Michigan, and attested by Joseph Watson, secretary, after having undergone the following alterations and amendments, to wit: By inserting after the word "summons" in the 12th line from the top of the 152 page, the words "and warrant," and after the form of the summons, on the 152 page, a form of a warrant in these words: "Brigade. —-.... Regiment....... To ----------— orderly sergeant (or other sergeant as the case may be) of. —---- company, in the regiment aforesaid, Greeting: By the military authority of this Terri. tory you are hereby commanded to levy and collect from the goods, chattels, or estate of. —--------------- of -.............the sum -..............fine, and ------— costs, amounting in the whole to ----------— and for want of such goods, chattels, or estate, commit him, the said. —---------- to the keeper of the jail in ------------ within the said prison, who is hereby directed to receive the said ---------- and him safely keep until he shall pay the same, together with all legal fees. Make return of this precept to me within sixty days from this date. Dated at. —...." And by inserting after the words "light infantry" in the 10th line from the top of the 153 page the word "artillery." WITNESS MY HAND, JOS. WATSON, Secretary to the G. and J. t Printed in full, page 53, vol. 2, Territorial Laws. TERRITORIAL LAWS. 55 -------—. — court, to be holden within and for the ---------- 1 8 0 9. on the ----------- day of — next, in which cause -----------, of, is plaintiff, and --------—, of -----— _ —-_, defendant. Hereof fail not, but of this precept and your doings herein due return make. Given under my hand at, this day of ----------—. D. -. —---—. Justice of the Peace. A copy of which citation shall be delivered to such adverse party, or left at his, her, or their usual place of abode, by a proper officer or an indifferent person, whose return shall be made under oath, so that he, she, or they may have a reasonable time to appear and Action taken in be present at taking such deposition, and if any person on whom a case of refusal subpona as aforesaid shall be served, having been tendered with subpcena or his or her legal fees, shall refuse or neglect to appear at the time tike deposiand place therein mentioned before the authority issuing the same to make his or her deposition, the said authority shall have power to issue an attachment to compel the appearance of such person, and if upon appearance by virtue of such attachment such person shall refuse to make his or her deposition, the said authority, by his warrant directed to the marshal of the district, or some other meet person who shall have power, respectively, to command necessary assistance against the person so opposing and forthwith cause him or her to be committed to the common goal in said district, there to remain till such person shall make his or her deposition as required and discharge the costs of commitment; a copy of such warrant attested by the officer or person serving the same, shall be sufficient authority to the goaler to detainsuch per- Testimony to son. And every such witness shall be carefully examined and duly be certified to by Justice, form cautioned to testify the whole truth and nothing but the truth, of. and being sworn the justice shall certify the same in manner following: "Territory of Michigan, district of,.- -day of -— _ —---, A. D. ------—, then, of ---, personally appearing and after being carefully examined and duly cautioned, made solemn oath that the foregoing deposition by him subscribed contains the whole truth and nothing but the truth. ------------ before -., justice of the peace, the above deposition taken at the request of -------—, to be used in a cause to be heard and tried before the --— next, to be holden at -within the district of ---- in which cause, is plaintiff, and, is defendant, the deponent (living more than thirty miles from the place of trial, or was going out of the territory not to return before the time of trial, or rendered incapable of traveling and appearing at said court by reason of age, sickness, or bodily infirmity as the case may be), and the adverse party (living more than fifty miles from the place of caption), was or was not notified and did or did not attend, certified by, —---- justice of the peace," which deposition the said justice shall seal up and 56 TERRITORIAL LAWS. 1809. superscribe in the following manner, namely, "the within deposiDeposontobe tion of - was taken and sealed up by -----—, delivered to justice of the peace;" and shall deliver the same to the party or request made. person if desired at whose request it shall be taken. Attorneys or SEC. 2. And be it enacted, That no agent, attorney, or person interested per- interested in any cause shall write or draw up the deposition of sons forbidden to draw up any witness to be used in such cause, and if it shall appear that deposition. any agent or attorney, or any other person interested or engaged in the cause, shall write or draw up such deposition, or if such Deposition, deposition shall be returned into court unsealed, or with the seal wreected. broken, all such depositions shall be rejected by the court, and As evidence. every deposition taken and returned agreeable to the foregoing provisions, shall be admitted to be read in evidence in the causes for which they are taken, and depositions of witnesses living without this Territory shall be allowed to be read in evidence in any court in this Territory, if taken agreeable to the directions of this, Dedimuspotes- or the laws of the State or country in which they are taken, and tatem. any judge of the supreme court may grant a dedimnus potestatem to have depositions taken, either within or without this Territory, in any action, suit, or controversy pending in said court, or in any district court, on such terms and conditions as he shall, from time Non-appeaance to time, prescribe. to testify, etc., SEC. 3. And be it enacted, That if any person upon whom any subpoena shall be legally served, commanding him or her to appear and testify concerning any cause or matter pending in any court in this Territory, or before auditors, referees, or arbitrators, there having been tendered unto him or her so much money, for his or her travel, and one day's attendance, as by law is or shall be allowed, do not appear according to the tenor of such subpoena, having no lawful nor reasonable excuse or impediment to the contrary, the person so making default, shall, for every such default forfeit the sum of ten dollars to the party in whose behalf he or she has been subpoenoed to appear and testify, and all just damages; which Proviso. forfeiture and damages shall be recovered by the party aggrieved before any court proper to try the same: Provided, nevertheless, and it is hereby enacted that when any party in any cause pending before either the supreme court, or any district court, shall make it appear to the satisfaction of such court that he has caused a subpoena to be duly served on any witness to appear and testify in his cause, and has tendered so much money for his or her travel and attendance as is by law directed, and such witness has neglected to appear, such court shall have power to issue an attachment to compel the attendance of such witness, and on appearing, if any witness shall refuse to give his or her evidence, he or she may be committed to prison, there to remain until he or she will give his or her evidence, or be liberated by law; the same being adopted from the laws of two of the original States, to wit: The States of Massachusetts and Vermont, as far as necessary and suitable to the circumstances of Territory of Michigan. Adopted and published at the city of Detroit, in the Territory TERRITORIAL LAWS. 57 of Michigan, this eighteenth day of Februaryv, one thousand eight 1809. hundred and nine. Attest: WILLITAM HULL, JOS. WATSON, Governor of Michigan. Secretary. No. 50. AN ACT concerning jails and jailors.* February 18. No. 51. AN ACT concerning attachments.t February 18. No. 52. AN ACT concerning the supreme court of the Territory of February 18. Michgan. No. 53. AN ACT concerning executions. February 18. Be it enacted by the Governor and Judges of the Territory OfExecutionfor Michigan, That the party obtaining judgment in any civil action judgmentwhen in any court of judicature within this Territory, shall be entitled obtained. to have his execution thereon at any time after the expiration of twenty-four hours after judgment rendered, and within one year next after entering up such judgment, when there is no appeal or review by law allowed, or where no appeal or review hath been entered on motion in arrest of judgment, or for a new trial has been made within the time allowed therefor, and execution issuing from a district court shall be made returnable within ninety days, When or to the next stated session of the said court, at the election of returnable. the creditor; and those issuing from the supreme court shall be made returnable within six months, or at the next stated session of the court, as the creditor may elect; and those issuing from a justice of the peace shall be made returnable within sixty days from the day of their date, and when such execution shall be returned without any satisfaction made, or satisfied only in part, When the clerk of the court fromn whence, or justice of the peace from unsatisfied. whom such execution issued, shall upon application of the creditor, make out an alias or pluries execution for the whole, or the remainder as the case may be till the judgment shall be fully satisfied; but if the creditor shall neglect, for the space of one year Creditors next after obtaining judgment, to take out his execution, or shall neglect to take not within one year next after his execution shall be returned not satisfied, take out his alias or pluries, he shall issue out his writ of scire facias, and shall cause the adverse party to be served with scirefacias. the same personally, or by leaving an attested copy thereof at his last and usual place of abode, fourteen days before the sitting of the court, notifying him to show cause, if any he hath, why exe* Printed in fall, page 62, Vol.2, Ter Laws. t Printed in full, p. 59, vol. 2, Territorial Laws. $ Printed in full, p. 60, vol. 2, Territorial laws. 8 58 TERRITORIAL LAWS. 1809. cution ought not to be done, and upon his non-appearance, or not shewing sufficient cause, the court shall award execution for what Proviso. remraineth, with additional costs: Provided, That every marshal who shall neglect, for the space of ten days, after collecting any moneys on execution, or rate bill, to pay the same to the creditor, or the treasurer, shall be accountable to the creditor, or the treasurer, as the case may be, to pay interest at the rate of twenty per cent per annum, on all money by him so retained. SEC. 2. And be it enacted, That when a writ of execution shall be issued on any judgment, recovered before any court within this Manner of territory, the marshal or other officers to whom it is directed shall servingexecu- repair to the debtor's usual place of abode if within his jurisdiction, and demand of such debtor the sum in debt, damages, or costs contained in such execution, with all legal charges for serving the same, and upon such debtor's refusal or neglect to pay such sum with the costs as aforesaid, the officer shall levy the same upon the proper goods or chattles of such debtor or such as Exemptions. shall be shown him by the creditor, always excepting one cow and ten sheep, and such suitable apparel, bedding, tools, arms, and articles of household furniture as may be necessary for upholding life, but not on such goods as last enumerated unless turned out by the debtor to satisfy such execution, and any such goods or chattels levied upon as aforesaid, shall be safely kept by the officer Advertisement at the expense of the debtor, until they shall be sold as hereinof sale, after directed or the debtor shall otherwise satisfy the execution, and the officer shall forthwith advertise the same setting up notifications wherein he shall enumerate the goods or chattels so levied upon at such places as will best give notoriety, that they are to be Sale. sold at public auction at the time and place therein mentioned, which shall not be less than fourteen days from the time of setting up such notification and if within the tiime such goods or chattels shall have been posted the owner shall not redeem the same by otherwise satisfying the execution, and the officer's costs and charges thereon, such goods or chattels shall be sold at public auction to the highest bidder, at the -place of sale, or such part thereof as shall [be] sufficient to satisfy the execution with legal costs thereon and the moneys arising upon such sale shall be applied to the payment of the charges and the satisfaction of the Excess, if any, execution, and the officer shall return the overplus, if any there be, to be paid back to the debtor upon demand thereof made, and the officer serving to debtor. the execution shall make return thereof with his doings thereon, Tomakereturn. particularly describing the goods or chattels taken and sold and the sum for which each article is struck off, and if any officer shall Fraud or be guilty of any fraud or collusion in the sale or in the return as collusion. before directed he shall be liable to the debtor to pay him treble damages for the sum so defrauded to be recovered by action on the case with costs. SEC. 3. And be it enacted, That when moveable or personal estate of the debtor cannot be found sufficient to satisfy the debts, When bodyof damages, or costs in the execution and the legal fees thereon, the the debtor may officer may take the body of the debtor, and him or her commit be taken. TERRITORIAL LAWS. 59 to the keeper of the goal in the district in which the executions 1809. shall be served, and the debtor shall there remain until he or she shall pay the debt, damages, and costs for which he or she is committed, with the officer's and prisoner's keeper's fees thereon or be otherwise discharged by order of law, and every,fficer who shall commit any person to goal by virtue of any writ or warrant of distress or execution, shall deliver a copy of such writ, warrant, or execution and of this return thereon signed by such officer to the keeper of the goal, which copy so delivered and signed shall be sufficient warrant or order to the keeper of the goal to receive What a suffisuch person, and him or her hold in safe custody until discharged lentwarrant bv order of law. ill goal. SEc. 4. And be it enacted, That this law shall take effect from When to take effect. and after the first day of April next, the same being from the laws of two of the original States, to wit: Massachusetts and Vermnont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this eighteenth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JoS. WATSON, Governor of Michzqan and President Secretary. of the Legislature. No. 54. AN ACT concerning minors. February 18. Be it enacted by the Governor and Judges of the Territory of Mfich- Minors idle, etc. igan, That as often asit shall be represented to the judge of probate may Ihave gur-: idian appointed. of an probate district within this Territory that [there] are minor children in such district, who are living in idleness and indigence, and not in a situation to acquire useful instruction, or the habits of industry, it shall be the duty of such judge of probate to issue a citation calling such minor, and his or her parents [if he or she have any in the vicinity] to appear before him at a time and place therein named, to show cause why a guardian should not be appointed over such minor, and if no good cause be shown, or if neither minor or parent do appear, the said judge may, in his discretion, proceed to appoint a guardian over such minor, taking Guardianto sufficient bond of such guardian for the faithful performance of givebond. his trust; and such guardian appointed as aforesaid, is hereby empowered to bind such minor, if a male until he shall arrive at Authority of. the age of twenty-one years, and if a female till she arrive at the age of eighteen years; and the age of the minor at the time of binding shall always be inserted in the indenture, and among other Indenture, covenants the master or mistress shall engage to cause such minor must provide. to be taught to read and write, and any indenture which is without such covenant shall not be binding on the minor; the same being adopted from the laws of one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. 60 TERRITORIAL LAWS. 1809. Adopted and published at the city of Detroit, in the Territory of Michigan, this eighteenth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, Jos. VATSON, Governor of Michigan aind President Secretary. of the Legislature. No. 55. AN ACT concerning marshals* February 18. No.56.0 AN ACT repealing an act concerning aliens. February 21. Be it enacted by the Governor and Judges of the Territory of lMichigan, That the act entitled "All act authorizing aliens to hold lands in the Territory of Michigan," adopted and published at Detroit, on the twelfth day of August, one thousand eight hundred and five, be and the same is hereby repealed: Provided, nevertheless, That this act shall in no wise affect any rights which have already accrued under said act. Made and published at the city of Detroit, in the Territory of Michigan, this twentv-first day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 57. February21. AN ACT concerning trustees of concealed or absconding debtors. t No. 58. February 21. AN ACT concerning the recording of deeds and other writings. Be it enacted by the Governor and Judges of the 2erritory of to record, what. Michigan, That the clerk of every court shall record all deeds and writings, acknowledged or proved before such court or any judge thereof, or any justice of the peace, or any notary public, together with the acknowledgments of married women, and all endorsefow. ments and papers thereto annexed, by entering them word for word in proper books to be carefully preserved, and shall afterwards re-deliver them to the parties entitled to them. Wife to be SEC. 2. And be it enacted, That when husband and wife have privately exam. sealed and delivered a writing, if the wife appear before such court, Ined as to her sgaturreo is judge or justice, or notary public, and being examined privily and made. apart from her husband, shall declare that she did freely and willingly seal and deliver the said writing to be then shown and * P'rintedl in full, 1p. 64, vol. 2, Territorial l.aws. t Printed in, full, p. 74, vol. 2, Territorial Laws. TERRITORIAL LAWS. 61 explained to her, and wishes not to retract it, and consenteth that 1 09. it may be recorded, a certificate of such privy examination being returned and recorded, with the writing, and the writing being acknowledged also by the husband, or proved by witnesses to be his act, in such the said writing shall not only be sufficient to con- Right of dower vey or release any right of dower, thereby intended to be released, released. or conveyed, but be as effectual for every other purpose as if she were an unmarried womana. SEc. 3. And be it enacted. That if the party reside not in Mich- Non-residents. igan the acknowledgement by such party or the proof by the number of witnesses requisite, of the sealing and delivery of the writing before anv court of law or the mayor or chief magistrate of any city, town, or corporation in which the party shall dwell, certified by such court, mayor, or magistrate, in the manner such acts are usually authenticated by them, together with any relinquishment of dower shall be effectual. SEC. 4. And be it enacted, That the register of deeds for the Registerof deeds of Detroit city of Detroit, appointed by the Governor of the Territory, pur- to turnover suant to an act entitled "An act concerning the city of Detroit," records, etc., to clerk of court., adopted on the thirteenth day of September, one thousand eight etc. hundred and six, be and he is hereby directed to deliver over to the clerk of the court of the district of Iluron and Detroit all the records and files in his possession in consequence of his said appointmnent, within ten days from and after the passage of this act, taking the receipt of the said district clerk for the same, who is hereby directed to execute such receipt; and all the records of deeds by the said register so delivering over the same, legally and properly made, shall be deemed good and valid in law for the purposes for which they were made; the same being adopted from the laws of one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-first day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. AN ACT concerning interest on contracts. SECTION 1. Be it enacted by the Governor and Judges of the Rateof,alTerritory of Michigan, That no person or persons upon any con- lowed. tract hereafter to be made shall receive or take directly or indirectly mnore than the value of six dollars for the forbearance of one hundred dollars for a year, and so after that rate fora greater or less sum, or for a longer or shorter time, and any person who shall, upon any contract, take, accept, or receive by ways or means of any corrupt bargain, or by covin, or by deceitful conveyance, or by 62 TERRITORIAL LAWS. 1809. any other ways or means whatever for the forbearing or giving day of payment for one whole year above the sum of six dollars for the forbearance of one hundred dollars for a year, and so after that Penalty for rate for a greater or less sum or for a longer or shorter time, shall usury. forfeit and pay for every such offense the whole of the warrants, part of said contract, and twenty-five per cent interest on the whole sum of said contract, one moiety thereof to the treasury of this Territory, and the other moiety to the person who shall prosecute the same to effect, with costs, before any court proper to try the same, Provided, nevertheless, that nothing in this act shall extend to the letting of cattle or other usages of the like nature in practice among farmers, or maritime contracts, bottomry or cause of exchange as hath been heretofore and still is accustomed, the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-first day of February, one thousand eight hundred and hine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Mi'chigan and President Secretary. of the Legislature. No. 60. AN ACT concerning district courts. * February 21. No. 61. AN ACT concerning attorneys. t February 23. No. 62. AN ACT for the limitations of suits on penal statutes, criminal February 23. prosecutions, and actions at law. Limitation for Be it enacted by the Governor and Judges of the Territory of commencement Michigan, That all actions, suits, bills, or informations, which etc., of suitsfor shall hereafter be had, brought, sued, or commenced for any forforfeiture. feiture upon any penal statute, made or to be made, the benefit whereof is or shall be, by the said statute, limited in whole or in part to the person or persons who shall inform and prosecute in that behalf, shall be had, brought, sued, or commenced by any person or persons who may lawfully pursue the same as aforesaid, within one year from the passing of this act: For past offenses, and for all offenses which shall hereafter be committed within one year from the commission of the same, and not afterwards, and in default of such pursuit, then the same shall be had, brought, or prosecuted by the Territory at any time within two years next after the passing of this act; for past offenses, and for all offenses which shall hereafter be committed within two years * Printed in full p. 68, vol. 2, Territorial Laws. t Printed in full p, 79, vol. 2, Territorial Laws. TERRITORIAL LAWS. 63 from the commission of such offenses, and not afterwards, and 1809. any indictment, complaint, or information for any offense against such statute as aforesaid, shall hereafter be found, made, and prosecuted within two years, limited as aforesai(t, and not afterwards, any law, usage, or custom to the contrary notwithstanding, excepting in the instance hereinafter provided: Provided, Proviso. nevertheless, and it is hereby further enacted, that where any action, bill, suit, complaint, information, or indictment for any offense against any penal statute already made, or which shall hereafter be made, is or shall be limited by such statute to be brought, had, or prosecuted, within a shorter or longer time than is above mentioned, such action, suit, bill, complaint, information, or indictment, in every such case shall be brought, had, or prosecuted within the time limited by such statute. SEc. 2. And be it enacted, That all actions, suits, bills, corn- Limitationplaints, informations, or indictments, which at any time hereafter rime or shall be brought, had, commenced, or prosecuted for any crime or misdemeanor. misdemeanor (theft, robbery, burglary, forgery, arson, and mur- Exceptions. der excepted) shall be brought had, commenced, or prosecuted within three years next after the offense was committed, and not after the expiration of the said three years; and all actions, suits, bills, complaints, informations, and indictments which shall be brought, had, commenced, and prosecuted for theft, robbery, Fortheft, burglary, and forgery, shall be brought, had, commenced, and robbery, burprosecuted within six years after the commission of the offense, forgery. and not afterwards; and if any action, suit, bill, complaint, information, or indictment for any crime, or misdemeanor (except If brought after arson and murder) shall be brought, had, commenced, or prose- void,exceptas cuted after the time hereby limited, that then the same shall be to arson and void, and of non-effect, any law, usage, or custom to the contrary notwithstanding: Provided, always, That where any information Proviso. or indictment, or other suit for any crime or misdemeanor is limited by any statute, to be brought, had, commenced, or prosecuted within a shorter or longer time than is hereby limited, then, and in every such case, the information, or other suit, shall be brought, had, commenced, or prosecuted within the time limited by such statute. SEc. 3. And be it enacted, That when any bill, complaint, infor- All bills, complaints, etc., to mation or indictment shall be exhibited, or any action or suit, have minute brought or commenced, in any of the cases mentioned in the pre- made on them of day, year, ceeding section of this act, the clerk of the court or magistrate to andmohth when whom such bill, complaint, information, or indictment shall be voidif not. exhibited, or who shall sign the original writ in such action or suit brought or commenced as aforesaid, shall, at the time of exhibiting or signing as aforesaid, make a minute in writing under his official signature on such bill, complaint, information, indictment, or original writ, of the true, day, month, and vear when the sarle was so exhibited or signed, and every bill, complaint, information, indictment, or original writ on which a minute of the day, month, and year shall not be made as aforesaid shall be void: Provided proviio. always, That the limitations in this act shall not extend to or effect 64 TERRITORIAL LAWS, 1~809 any rights, title, or claims to any lands which are or shall hereafter be owned by this Territory, or by the IJnited States within this Territory. Writ of right, SEC. 4. And be it enacted, That no writ of right or other real ctienrect- action, no action of ejectment, or other possessory action of whatment, or other soever name or nature shall hereafter be sued, prosecuted, or mainpossesscry actions tained for the recovery of any lands, tenements or hereditaments if the cause of action shall occur after the passing of this act, but within fifteen years next after the cause of action shall accrue or have accrued to the plaintiff ordemandant, or plaintiffs or demandants, or those under whom he, she, or they claim, and that no perRight of entry. son having right or title of entry into houses, lands, tenements, or heriditaments shall hereafter thereinto enter but within fifteen years next after such right of entry shall accrue, or have accrued. Actions of SEC. 5. And be it enacted, That all actions of trespass, quare trespass, trover, clausal fregit, all actions of trespass, detinue, trover, or replevin or replevin, etc. Account. for goods or chattels, all actions of account and upon the case other than such as concern the trade of merchandise between merDebt. chant and merchant, their factors and servants, all actions of debt grounded on aly lending or contract without specialty, all actions Assaults,men- of debt for arrearages, rent, and all actions of assaults, menance, acebattery, battery, wounding, and in imprisonment, or any of thenm which etc. shall be sued and brought after the passing of this act, shall be commenced and sued within the time hereafter limited, and not afterwards, that is to say the said actions of account, the said actions of debt and actions upon the case other than for slander, and the said actions of trespass, detinue and replevin for cattle, and said actions of trespass, quare clausam fregit, within six years next after the cause of such actions or suits shall respectively accrue, and not after, and the said action of assault, menace, battery, wounding, and imprisonment, or any of them within three years next after the cause of such actions or suits respectively shall accrue and not after, and the said actions of the case for slander within two years next after the cause of such actions or suits shall accrue and not afterwards. Promissory SEC. 6. And be it enacted, That all actions upon promissory notes notes, attested ill writing (attested by one or more witnesses), executive after the passing this act shall be commenced and sued within fourteen years next after the cause of action shall accrue thereon and not Unattested. after, and all actions on promissory notes in writing, unattested, executed after the passing of this act, shall be commenced and sued within six years next after the cause of action shall accrue Scirefacias. thereon and not after, and all actions of debt or scire facias on judgment within eight years next after the rendition of such judgCovenants, nient and not after, and all actions of covenant other than coveothnerthan nants contained in deeds of conveyance of lands for securing the title deeds to title of said lands, within eight years after the cause of such action land. shall have accrued and not after, and all actions of covenant Landcovenants. brought on anv covenant or covenants contained in any deed of conveyance of lands as aforesaid within ten years next after there shall have been a final decision against the debt of the covenanter TERRITORIAL LAWS. 65 on such deed: Provided always, and it is hereby further enacted, 1809. That if upon any of the said actions or suits judgment shall be ren- Proviso. dered for the plaintiff, and the same be reversed by writ of error, or a verdict passed for the plaintiff and for matter alleged in arrest of judgment, the judgment be given against the plaintiff that he take nothing for his plaint, writ, or bill, as also when judgnment in any action or suit shall be rendered against the plaintiff on any plea in abatement or in demurrer, and the merits of the cause shall not be tried, that in all such cases the plaintiff, his heirs, executors, or administrators, as the case shall require, may commence a new action or suit fromn time to time within a year after such judgment reversed or such judgment given in arrest or rendered on plea of abatement or upon demurrer against the plaintiff and not after. SEC. 7. And be it enacted, That this act shall not extend to bar Whonotbarred. any infant, femmnie covert, person imprisoned, or beyond seas, without any of the United States, or parts contiguous thereto, or non compos mentis, from bringing either of the actions before nientioned within the time before set, and limitation for bringing such Limitations actions, calculating from the tirme such impediment shall be removed in case removed, and if any person against whom there is, or hereafter without the may be, any cause or suit for any or every species of personal territory, etc. actions before enumerated, who, at the time the same accrued, was without the Territory, and shall not have known property or estate therein, which could by the command or ordinary process of law be attached, that then, and in every such case, the person who was entitled to bring such action or suit shall have liberty to conmmence the same within the respective periods before limited, after such absent persons coming or return into this Territory. SEC. 8. And be it enacted, That no judgment or proceedings Writof error. in course of justice, in any real or personal actions, shall, from and after passing of this act, be reversed or avoided for any error or defect therein, unless the writ of error, or suit for reversing such judgment or proceedings in course of justice to be coinmenced and duly served on the defendant, or defendants in error according to law within one year next after such error or defect shall have intervened; saving always unto infants, femmes coverts, persons non compos mentis, persons in prison, beyond seas, or without the United States, or parts contiguous, the right of bringing any writ of error, or suit for reversing any judgment or proceeding in the course of justice at any time within one year next after such impediment shall be removed, and not after. SEC. 9. And be it enacted, That all acts and clauses of acts Repealing. coming within the purview of this act, be and the same are hereby repealed: Provided, always, and it is hereby further Proviso. enacted and expressly declared that this act shall not be construed to extend to or affect any right or rights, action or actions, remedies, files, forfeitures, privileges, or advantages accruing under any former act or acts, clause or clauses of acts falling within the construction of this act, in any manner whatever, but all proceedings may be had, and advantages therein, in the same man9 66 TERRITORIAL LAWS. 1 809- ner as though this act had not been passed, and the former act or acts of limitation, clause, or clauses of acts, which is, are, or were in force at the time of passing this act, shall, for all such purposes be and remain in full force and effect, anything herein contained to the contrary notwithstanding; the same being adopted from the laws of two of the original States, to wit: The States of Massachusetts and Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-third day of February, one thousand eight hundred and nine. Attest WILLIAM HULL, Jos. WATSON, Governor of llichigant and President Secretary. of the Legislature. No. 63. February 23. AN ACT concerning jurors. Grand Jury- Be it enacted by the Governor and Judges of the Territory of number of, and. howsaummoned. Michigan, That the marshal of the Territory shall, upon every stated sitting of the supreme court, and the district marshals at each session of the district courts, when notified by the attqrney general, respectively, summon twenty-four of the most discreet itnhabitants, in the case of the supreme court, and of the district in case of the district court, to appear at the court, and the said inhabitants, or any sixteen of them, shall be a grand jury, who shall be sworn to enquire of, and present all offenses and misdemeanor whatever cognizable by the said court. Oath. SEC. 2. And be it enacted, That an oath in the following words shall be administered to the grand jury: "You shall diligently enquire into and true presentment make of all such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service. The State's counsel, you fellows, and your own, you shall keep secret. You shall present no person through any malice, hatred, or ill-will, nor shall you leave any unrepresented through fear, favor, or affection, or for any reward, hope, or promise thereof, but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God." Failureto SEC. 3. And be it enacted, That every person summoned to attend upon appear on the grand jury as aforesaid, and failing to attend, not having a reasonable excuse, shall be fined by the courts, respectively, not exceeding twenty dollars, to the use of the territory, or district, as the case may be. Sickness, death, SEC. 4. And be it enacted, That in case of sickness, death, or etc., of juror. non-attendance of any grand juror who shall have been sworn, it shall be lawful for the court to cause another to be sworn in his stead. SEC. 5. And be it enacted, That for the trial of all causes in the TERRITORIAL LAWS. 67 supreme and district courts of this Territory, the marshal shall 1809. summon and return as jurors, sober and judicious persons of good Jurors for reputation, and none other (not being under the age of twenty- supreme and one years) to attend the courts, that out of them may empaneled how obtained, sufficient juries for the trial of causes depending in such courts; qUalibefiatio,tcS which number of jurors shall not be less than sixteen, nor mnore than forty-four, and if any person so summoned shall fail to attend the courts accordingly, he shall be fined eight dollars, Penalty, non. unless he shall offer the court a reasonable excuse for his non- attendance. attendance, for the use of the Territory, or district, as the case may be, and no exception against any juror on account of any legal disability, shall be allowed after he is sworn. SEC. 6. And be it enacted, That every marshal and vice-Oathtobetaken marshal, shall, besides the usual oaths or affirmation of office, as bymarshal. required by the laws of the Territory, take the following oath or affirmation according to law: "I, A. B., do swear (or being conscienciously scrupulous of taking an oath, affirm) that I will use my utmost diligence to prevent any man from being summoned or returned by me, or by any deputy under me, for a juror who, in my judgment, will be influenced by determining any of the matters which shall come before him as a juror, by hatred, malice, or ill-will, fear, or affection, or by any partiality whatsoever." SEC. 7. And be it enacted, That the marshal, or other return- Modeof suming officer, in every district, shall summon each of the said jurors by marshal.rs at least ten days before the sitting of the court, and shall cause a copy of the panel, to be made by him as aforesaid, to be openly and publicly fixed up in his office, and another copy to be in like manner fixed up in the office of the clerk of the proper court seven days, at the least, before the setting of the court, in order that the parties therein concerned may have due and timely notice of the persons who may be called to serve on such jury, and the persons whose names shall be thus fixed up, and no others, shall be returned as jurors to serve in said court as aforesaid. SEC. 8. And be it enacted, That the marshal, from time to time, Record to be enter or register in a book to be kept for that purpose, alphabet- kePt of jurors ically, the surnames of all such persons who shall be summoned and shall attend and serve upon juries in the said courts, with their christian names, additions, and places of abode, and also the times of their respective services; and every person so sumlnmoned and attending, or serving as aforesaid, shall, upon application by hini made to such marshal, have a certificate testifying such, his attendance or service, which certificate such marshal is hereby certificate of directed and required to give without fee or reward.; and the said service. book shall be delivered over by such marshal to his successor and toties quoties from time to time. SEC. 9. And be it enacted, That no person shall be returned Persons serving to serve on a grand jury, or on a petit jury, in.any of the said not toube sumcourts respectively (cases of special juries excepted) who hath within one served as a juror in any of the same courts within the space of year. one year preceding, and if any marshal shall willfully trespass therein, the court to which such person shall be summoned con ft68 TERRITORIAL LAWS. 1809. trary to this act, on examination and proof, in a summary way, of such offense, may set a fine on such offender, as to the court shall Penalty if done. seem meet, not exceeding thirty dollars, nor less than ten dollars, for any one offense. Juries de medi- SEC. 10. And be it enacted, That the juries de nmediatate linquae may be directed by the courts respectively. Contempt of SEC. 11. Be it enacted, That any juror guilty of contempt to court. the court, may be fined by such court in any sum not exceeding thirty dollars. Having knowl- SEC. 12. And be it enacted, That jurors knowing anything reledge of cause on trial. ause ative to the point or issue shall disclose the same in open court. No intercourse SEC. 13. And be it enacted, That the marshal shall not converse they etire.fter with a juror, but by order of the court, after the jury have retired from the bar, and shall keep them without meat, drink, or candle, unless by permission of the court, until they are with u'nanimity agreed upon their verdict. Memberof SEC. 14. And be it enacted, That no one of the grand jury by grand jury find- which any person may have been presented f or any crime or ing presentment pent r y e or against person offense whatsoever, shall be on the jury for the trial of such pershall not serve on trial jury, if SOil, if he be challenged for that cause by the party. challenged. SEC. 15. And be it enacted, That no jurly upon any trial hereMay fnd special after to be had, shall, on any case, be compelled to give a general verdict. verdict, so that they find a special verdict, and shew the truth of the fact; the same being adopted from the laws of five of the original States, to wit: The States of Virginia, New York, Pennsylvania, Massachusetts, and Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-third day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. February23. AN ACT concerning forcible entry and detainer. No person to Be it enacted by the Governor and Judges of the Territory of emke forilabd Michigan, That no person or persons shall hereafter make any etc. entry into any lands, tenements, or other possessions, but in cases where entry is given by law, and in such case, not with strong hands, nor with multitude of people, but only in a peaceable and easy manner, and if any person from henceforth do the contrary, anJ thereof be duly convicted, he shall be punished by fine. Two justices of SEC. 2. And be it enacted, That two justices of the peace, one peace, onej e of of whom shall be a judge of a district court, shall have authority of districtcourt, to enquire, by a jury, as hereinafter directed, as well as against and jury to try such entries. those who make unlawful and forcible entry into lands, tenenments, or other possessions, and with strong hands detain the same, as against those who having lawful and peaceable entry into lands and tenements, unlawfully, and by force hold the same; and if it TERRITORIAL LAWS. 69 be found upon such inquiry that an unlawful and forcible entry 1809. hath been made, and that the same lands, tenements, or other possessions, are held and detained by force and strong hand, or that the same, after a lawful entry, are held unlawfully, and with force and strong hand, then such justice shall cause the party comnplaining to have restitution thereof. SEc. 3. And be it enacted, That when any complaint shall be Warrantto formally made in writing, to any two justices of the peace, one of issue, when. whom shall be a judge as aforesaid, of any such unlawful or forcible entry or detainer, they shall issue a warrant directed to the marshal of the same district, commanding him to apprehend the person against whom such complaint shlall be made, and to bring him or her before the said justices, at a day in such warrant named, which shall not be less than six days fromn the time of issuing the said warrant, and at the place therein mentioned, and they shall Venire. also issue a precept to the said marshal, commanding him to cause to come before them twelve freeholders of the vicinity, at a certain time and place in such precept to be mentioned, and at the said time and place appointed for trial, or hearing the said complaint; and if a sufficient number of persons summoned by the marshal do not attend, the said justices may order the marshal to complete the number by returning others forthwith. and the jury ermpaneled shall be sworn well and truly to try the forcible entry or detainer complained of, and to return a true verdict thereof; and if the jury, after a full hearing, find the person against whom the complaint is made guilty of the forcible entry or detainer complained of, Verdict. they shall all sign their verdict, and the said justices shall enter up judgment for the complainant to have restitution of the prem- Judgment. ises, and shall impose such fine, not exceeding ten dollars, considering all the circumstances, as they may think just, and shall tax costs for the complainant, and may commit the person against whom the judgment is so made, until the fine be paid, and the said justices shall also award their writ of restitution; but if the jury find that the person complained against is not gulilty, the complaint ili their opinion not being supported, the said justices shall tax costs against the complainant, and issue execution accordingly. SEC. 4. AWd be it enacted, That if the marshal cannot find the Warrant, how party against whom the warrant issue, he may, six days before the served. time appointed for returning the samne, leave a true and attested copy of said warrant at the usual place of abode of such person, and if, at the return of the warrant, he shall not be able to find or apprehend the person against whom such warrant issue, he shall make a return of such facts, and that he hath so left a copy as aforesaid, and when the same was done, and if the party doth not appear at the time appointed for hearing the said complaint, the said justices may, in their discretion, adjourn, or proceed ex Justices may parte, except that in this case they shall not inflict any fine upon ceadjourn or prohim, and in all cases they may, in their writ of restitution, order the costs taxed to be levied, but in every such case, if the jury do Costs, when not find for the complainant, there shall be no costs taxed for the levieand 70 TERRITORIAL LAWS. 8099. party complained against, he not having appeared at the empaneling of the jury. Treble dam. SEC. 5. And be it enacted, That the complainant of any forcigerabs,henre- ble entry and detainer aforesaid, who shall recover against the person complained of, as aforesaid, shall have right to recover treble damages, with cost of suit, by an action of trespass against the offender, or offenders, to be brought for that purpose: Provided, Proviso,asto always, That nothing in the foregoing part of this act shall be thoccupateion. construed to extend to any person or persons who have had the quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possessions for the space of three whole years next before the entering of such complaint, anything in this act to the contrary notwithstanding. Refusalof SEC. 6. And be it enacted, That when any person shall willfully lessee tosyield and with force hold over any lands, tenements, or other possessions, after the determination of the time for which they are demised or let to him, or to the person under whom he claims, or when any person willfully, and without force, by disseisin shall obtain and continue in possession of any lands, tenements, or other possessions, and after demand made in writing for the delivery of the possession thereof, by the person having the legal right of such possession, his agent or attorney, shall refuse or neglect to quit such possession, upon complaint thereof in writing, to two justices of the peace, one of which shall be a judge of a district court, the said justices shall proceed to hear, try, and determine the same in like manner as in cases of forcible entry and detainer, and issue Proviso, as to a writ of execution accordingly: Provided, aluays, That in such original process case the original process shall be a summons, and the justice shall have no power to assess a fine on the party complained of. Occupants un- SEC. 7. Provided alzways, and it is herebyfurther enacted, That dthrteyedrfort the preceding section shall not extend to any person who has, or affected, shall have continued in possession three years after the determination of the time for which the premises were demised, or let to him, or those under whom he claims, or to any person who continues in possession three years, quietly and peaceably by disseisin, anything herein contained to the contrary notwithstanding. Damages. SEC. 8. And be it enacted, That the complainant shall have right to action of trespass against the person complained of, and who on trial shall be found guilty, to recover treble damages from the time of notice given to quit the premises, and till that time, damages only. May appeal to SEC. 9. And be it enacted, That if either party in a prosecution supreme court. on this act, shall think him or herself aggrieved with the determination of the justices aforesaid, he or she shall have liberty to appeal to the next supreme court, giving security in the same manner as provided in the case of appeals fromn a district court to the supreme court. When appellee SEC. 10. Provided, nevertheless, and it is hereby further enacted, affirmation of That when it shall so happen that the appellant, in any action judgment. brought on this statute, shall fail to bring forward his appeal, and enter the same in the court to which said appeal is allowed, the TERRITORIAL LAWS. 71 appellee shall have the same liberty to obtain an affirmation of 1809. the judgment rendered in the court below, as is given by law in cases of appeal from district courts to the supreme court in civil actions; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-third day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. qof the Legislature. No. 65. AN ACT concerning forms of writs and other process. February 23. Be it enacted by the Governor and Judges of the Territory of Michigan, That the following forms of writs in the several courts within this Territory, and other proceedings, shall, as near as circumstances will admit, be adopted and used: TERRITORY OF WARRANT BEFORE THE SUPREME COURT. Warrant before MICHIGAN. the supreme To the Marshal of the Territory — GREETING: court. [L. S ] In the name of the Territory of Michigan, you are hereby commanded to take the body of A. B., of, if to be found within your precinct, and him safely keep, so that you have him to appear before the supreme court of the Territory, to be holden at-. -.on the —-- of ----------- next, then and there to answer to C. D., of --------------, in an action of plea of (here insert the cause of action) to the damages of the plaintiff, as he says, dollars, to recover which, with just cost, he brings this suit; hereof fail not, but of this writ, with your doings therein, make due return, according to law. --- dated at -this —..... dav of, — A. D. - - --- - -- - - - -- -Clerk. -, —-------—, —-- recognized to the defendant, in the....... sum of as surety for costs of prosecution, in due form of law before me. --------------- Clerk. TERRITORY OF MICHIGAN, | WARRANT BEFORE THE DIS- Warrant before -- --------- DISTRICT. TRICT COURT. ouditrict To the Marshal of the District of ----: GREETING: In the name of the Territory of Michigan, you are hereby commanded to take the body of, —---, of, if to be found within your precinct, and him safely keep, so that you have him to appear before the district court to be holden at ---- within and for the district of, in the.- next, there and then to answer to -— of in an 72 TERRITORIAL LAWS. I8s9. action or plea of (here insert cause of action) to the damages of the plaintiff, as he says, —-- dollars, to recover which, with just costs, he brings this suit; hereof fail not, but of this writ, with your doings thereon make due return, according to law. ------------ dated at-, this.. day of.. A. D. - ----— l —-- --- — Clerk. -----------------.recognized to the defendant in the sum of --—, —---— as surety for costs of prosecution, in due form of law before me. - -- ------- — Clerk. Warrant before TERRITORY OF MICHIGAN, 1 WARRANT BEFORE A JUSTICE peace. DISTRICT. OF THE PEACE. To the Marshal of the District of-.: GREETING: In the name of the Territory of Michigan, you are hereby commanded to take the body of -- -- -, of —-, if to be found within your precinct, and him have forthwith (or at a day certain, to be named) before me, at my dwelling house at, —-, —--—, to answer to ----- of ---- in an. action or plea (here insert the substance of the case) to the damages of the plaintiff, as he says. —--—. dollars, to recover which, with just costs, he brings this suit; thereof fail not, but of this writ, with your doings therein, make due return according to law. Dated at -----— this --— day of, A. L). -------------------- Justice of the Peace., —--------------- recognized to the defendant in the sum of --- - -- as surety for costs of prosecution, in due form of law before me. ----------- ---------— Justice of the Peace. EXECUTION. Execution. TERRITORY OF ) MICHIGAN. { Ss To the Marshal of the - -: GREETING: Whereas, - ----------, of —, by the consideration of the- - - -court holden at -within and for ----------— on the day of-recovered judgment against, of -, for the sum of. dollars, and ----— cents, debts, damages, &c. (as the case may be) and ---- dollars, and —-- cents costs of suit, as appears of record, whereof execution remains to be done; therefore In the name of the Territoryof Michigan, you are hereby commanded, that of the goods, chattels, or lands of the said. —------ within your precinct, you cause to be levied, and the same being disposed of as the law directs, paid and satisfied unto the said.... —. —.. the aforesaid sums, being.-dollars, and —-- cents, in the whole with A- s.-cents more, for this writ; and thereof also satisfy yourself for your own fees, and for the want TERRITORIAL LAWS. 73 of goods, chattels, or lands, of the said --- to be shown 1809. unto you, or found within your precinct, to the acceptance of the said -- - to satisfy the sums aforesaid, you are commanded to take the body of the said -, and him commit to the keeper of the jail in the district of -, within the said prison, who is hereby commanded to receive the said. —-....-.. and him safely keep until he pay the full sum above mentioned, with your fees, or that he be discharged by the said ---- -~ —,-, the creditor, or otherwise by order of law; hereof fail not, but of this writ, with your doings thereon, make due return within --- -days from the date: ---- -—. —— dated at. ------— this. —- --— day ofA. D. ------------ ---- ---- Clerk, or Justice of thLe Peace. Execution from a district court, or a justice of the peace to be in the same form, as near as may be, mutatis mutandis. ATTACHelENT. ATTACHM TERRITORY OF A1 T. Attachment. TERRITORY OF } MICHIGAN. -To ths Marshal of -----------: —GREETING: In the name of the Territory of Michigan, you are hereby commanded to attach the goods and chattels, and for the want thereof the lands of —, to the value of dollars, if to be found within your precinct, and him notify thereof, according to law, and also to appear before the court, to be holden on the ---- day of ------—, —- then and there to answer unto, of., —---- in an action of, —-- to the damage of the plaintiff, as he says, dollars, to recover which, with just costs, he brings this suit; hereof fail not, but of this writ, with your doings therein, make due return according to law. ---- -----— dated at -— this. —. — day of —------ A. D. --------— C —-------- Clerk, or Justice of the Peace. - ecognized to the defendant in the sum of.... --— for costs of prosecution in due form of law, before mIe. ---- --- ---- ---- ^ —Clerk, or Justice of the Peace. SUM~[1ON. ~~~SUMMON1~. ~Summons. TERRITORY OF S MICHIGAN. To the Marshal of —- ------:-GREETING: InI the name of the Territory of Michigan, you are hereby commanded to summon -- of, to appear before the. court, to be holden at -., within and for the ----, on the -----— day of -next, then and there to answer unto, of —----, in an action- to the damages of the plaintiff, as he says, 10 74 TERRITORIAL LAWS. 1809.-, _ _ _, to recover which, with just cost, he brings this suit; hereof fail not, but of this writ, with your doings therein, make due return according to law.,-_ —-----— ddated at this ------ day of........ A. D. -----------,,,~ —-- Clerk. SUMMON BEFORE A JUSTICE. Summons TERRITORY OF MICHIGAN, before a Justice. DISTRICT OF To the Marshal of the District of ----------—:-GREETING: Iu the name of the Territory of Michigan, you are hereby commanded to summon., of - -, to appear before me, at ------ dwelling house -----—, in. —-----—., on the...... — day of-, then and there to answer unto ----- ----— of ---------—, in an action, to the damage of the plaintiff, as he says,, to recover which, with just cost, he brings this suit -—; hereof fail not, but of this writ, with your doings therein, make due return according to( law. -dated at ------ this ----- day of -, A. D.. ---------------------— Justice of the Peace. WARRANT IN CASE OF FORCIBLE ENTRY AND DETAINER. Warrant in case TERRITORY OF MICHIGAN, of forcible entry SS. and detainer. DISTRICT OF ------- To the Marshal of the District of - — GREETING: Whereas,, of -----, hath exhibited unto -— _ —----—, one of the judges of, and. —....one of the justices of the peace within and for the district of, a complaint against_, of,for that the said, on the. —. —--- day of, at-., aforesaid, with force and arms, and with a strong hand (here insert the substance of the complaint with legal cer — tainty); therefore, In the name of the Territory of Michigan, you are hereby commanded to apprehend the said, if to be found in your precinct (or summon the said, if it be a case proper for a summon) and him have to appear before us, at.... ----—, on the ------ day of, at- _-o'clock in the ------- noon, theni and there to make answer to and defend against the complaint aforesaid, and further to be dealt with, according to law; but if the said is not to be found within your precinct, you are required to leave a true and attested copy of this warrant, at the usual place of abode of the said ---..-.. -, six days, at least, before the said day of ------------ and make return of this warrant, with your doings therein, unto us, at aforesaid, on the -----— day ofDated at, —-------—, this ---— day, A. D. —--- ------- ----------- -Judge of - -------—........... Justice of the Peace. TERRITORIAL LAWS. 75 PRECEPT FOR JURORS IN CASE OF FORCIBLE ENTRY AND DETAINER. 1809. TERRITORY OF MICHIGAN, 1 Precept for SS. jurors in case of DISTRICT -------- forcible entry To the Marshal of:- GREETING: anddetainer. In the name of the Territory of Michigan, you are hereby commanded to cause to come before us, on the...... —— day of --—, —-- at —...o'clock in the -—..noon, at -; twelve men, to be summoned in the same manner as petit jurors, to serve before the supreme or district courts, to try the truth of a complaint exhibited as --------—, one of the judges of the, and one of the justices of the peace in and for said district of, by, of. ------, against ----------—, of, for a forcible entry (or detainer as the case may be) and make return of this writ, with your doings thereon, unto us, at, on the ---— day of aforesaid, at -,.the -----— day of, A. D -. —-Judge of- - Julstice of the Peace. FO1M3 OF THE VERDICT IN FORCIBLE ENTRY AND DETAINER. Verdict in forcible entry and At a court of inquiry held at, on the ---— day of detainer., in the year of our Lord -----, beforeone of the judges of, and --------, one of the justices of the peace in and for the- of - aforesaid, -----— of- complainant against. —.., of, respondent, the jury find that the facts alleged in the said ------- complaint, are true; that the said ------ is guilty thereof, and that the said. —. ought to have restitution of the premises therein described, without delay (or in case the jury do not find the allegations of the complaint proven, then the jury find that the said facts alleged in the said -complaint, are not proven, and that the said- - is not guilty). - - Foreman. - Jurors. J FORM OF THE WRIT OF RESTITUTION IN CASE OF FORCIBLE Writ of restitu. tion, forcible ENTRY AND DETAINER. entry and detainer. TERRITORY OF MICHIGAN ss DISTRICT OF........ To the Marshal of the District of --------: — GREETING: Whereas, ---------—, of --—, at a court of enquiry of forcible entry and detainer, holden at -------, in the district of - in the -day of —, in the 76 TERRITORIAL LAWS. 1809. year of our Lord ------—, before -, one of the judges of, and -one of the justices of the peace in and for the district of, by the consideration of the said court, recovered judgment against —------, of..-.., to have restitution of (here describe the premises as in the complaint); therefore, Itn the name of the Territory of Michigan, you are hereby commanded, that, taking with you the force of the district, if necessary, you cause the said to be immediately removed fromn the premises, and the said ---- to have peaceable restitution of the same; you are also hereby commanded, that if the goods, chattels, or lands of the said -, within vour precinct, you cause to be levied, and the same being disposed of according to law to be paid and satisfied, the sum of —---------- being the cost taxed against the said, for the said, —--------— at the court aforesaid, together with -----— cents, for this writ, and thereof also (here follows as in common executions, and must be signed by the judge or justice). FORM OF A SUBP(ENA ATTESTIFICANDUM. Subpcena attestificandum. TERRITORY OF Sss MICHIGAN. To the Marshal of, or to. an indifferent person, as the case may be: —GREETING: In the name of the Territory of Michigan, you are hereby commanded to summon., and.-, of —--., to appear before (here insert the title of the court, or name of the magistrate, and the time and place of sitting) to give evidence of what they know, relating an action or plea, of this, and there to be heard and tried between-, of, plaintiff, and-., of, defendant, and this neither of them may omit, as they will answer their default under the pains and penalty of the law il that behalf made and provided; thereof fail not, and make due return according to law. Dated, &c. -------------------— Clerk, or Justice of the Peace. SEc. 2. And be it enacted, That in all cases in which, by law, a writ of audita querela lieth, the same may be sued out in the form of a writ of summon or attachment, under the provisions and restrictions of the first section of an act entitled "An act act concerning attachments," at the election of the complainant, and the form thereof may be as follows: Writ Audita TERRI'rORY OF Querela, how TRRITSS. sued out, etc. MICHIGAN. To the Marshal:-GREETING: In the name of the Territory of Michigan, you are hereby commanded to summon, or take the body, or attach the goods, chlattels, TERRITORIAL LAWS. 77 or estate (as the case may be) of, pursuing the same 1809 form as is before prescribed in the common summon warrant or attachment, there and therein the said court to answer unto the grievous complaint of ----------—, of —, —------ who complaineth and saith (here let the declaration, stating the facts with legal certainty, be inserted) by all which the said --, as he sayeth, is greatly injured and aggrieved, and hath suffered damage the sum of ------ dollars, as shall then and there be made to appear; and have you there this writ, with your doings therein —--------. Allowed and signed by me (or by us as the case may be) at -—, this --— day of-, in the year of our Lord. —-—. Judge of the Supreme Court. -—, —-- ---- -----—. Judge of the District Court. ---- --- —, —------— Judge of the District Court. Minute of recognizance to be made and signed as in case of attachment or warrant. SCIRE FACIAS. Writ scire TERRITORY OF } facias. MICHIGAN. SS To the Mcarshal of ----------—:-GREETING: Whereas, ----------—, of ----------—, by the consideration of the ------- court, holden at, —--- on the-....day of.-.-, A. D). -., recovered against-, of --- the sum of ----- dollars, debt, or damages (as the case may be) and also the sum of ---— dollars, and- --— cents, costs of suit in that behalf expended, whereof the said. —------— is convict, as appears of record, and, although judgmentthereof be rendered, yet the execution of the said debt, or damage and cost, yet remain to be made, whereof the said — hath made application for remedy, to be provided in that behalf; now, to the end that justice be done, you are hereby commanded that you make known to the said ----- that he, before next to be holden at, within and for the --------—, on the ---— day of —-- A. ID. to show cause (if any he hath) wherefore the said ought to have his execution against him, the said, — for his debt (or damages) and costs aforesaid; further to do and receive that which the said court shall consider, and make due return of this writ, with your doings therein, according to law; hereof fail not. --------— Dated at, —- the —--- day of —-------- A.D.HABEAS CORPUS. Habeas corpus. TERRITORY OF MICHIGAN, ss. DISTRICT OF To the Marshal of. —----—: —--- GREETING: In the name of the Territory of Michigan, you are hereby corm 78 TERRITORIAL LAWS. I 809. manded that the body of -, — of -------— in the prison in the district of, under your custody (or by you imprisoned and restrained of his liberty, as the case may be), as it is said, together with the day and. cause of his commitment (taking and detaining) by whatsoever name the said- shall be called, or charged, you have before the court to be holden. —-. — or before the court now sitting at -(or before me at.... —.- ) immediately after the receipt of this writ, to do and receive what the said court shall then and there consider concerning him (or her) in this behalf; and have you there this writ, given under our hands (or my hand, as the case may be when signed by the judges, or one judge), and when signed by the clerk, witness, one of the judges of, &c ----. A.D., —... clerk. Dated at, this —-- -day of ---, —, A. D. Mittimus, from FORM OF A MITTIMUS, FROM A JUSTICE OF THE PEACE, ON justice, on conviction of crime. CONVICTION OF A CRIME. TERRITORY OF MICHIGAN, l ss )DiSTRICT OF To the dMarshal of the District of —---------— GETING: Whereas,, of the District of., on the.-... day of -----—, at, in said district, before me,, —--------—, one of the justices of the peace within and for said district, was convicted of the crime (here insert the nature of the crime) and sentenced to pay the treasury of ---— a fine of - --— dollars, costs of prosecution taxed at, and to stand committed till sentence be complied with as appears of record; therefore, In the name of the Territory of Michigan, you are hereby commanded, on his, the said ------—, neglect or refusal to pay said fine and cost, to commit him, the said, to the keeper of the jail, in the district of ------—, within the said prison, who is hereby commanded to receive the said —------ and him safely keep until he pay the said fine, and costs, and costs of commitment, together with your own fees, or till he be otherwise discharged by order of law; hereof fail not, but of this precept, with your doings therein, make due return. Given under my hand at-, this ---— day of, A. D. -....-. —... —--—.. Justice of the Peace. Appeal from ACTION ON BOOK BEFORE A JUSTICE, WITH AN APPEAL. decision of usticeon suit TERRITORY OF MICHIGAN, account. 1DISTRICT OF Be it remembered that at a justice court holden at -—. —-, in the district of --, on the —-—..day of —- Anno Donzini. —---—, before -------—., justice of the peace for said district, -, of. -, was summoned, to answer to.. of --------—, in an action. on book account, whereupon the plaintiff here in court, complains that the defendant is indebted TERRITORIAL LAWS. 79 to him, on book, to balance book account, the sum of ---- dol- 80o9. lars, which is to the plaintiff's damage. —--—. dollars; now the defendant in court pleads and says he is not indebted to the plaintiff, as is in his said plea set forth, and prays it may be enquired of by the court, whereupon it is adjudged by the court that the plaintiff recover of the defendant the sum of. —--- dollars-.... cents debt, to balance the plaintiff and defendant's books, and the sum of ------— dollars, and ---— cents, and now the defendant, within-. __ — hours after the rendering the aforesaid judgment, prays that an appeal mlay be granted him in the matters aforesaid, to the next district court, to be holden at. within and for the district of on the..-. day of.....-.-, A. D, it is thereupon ordered that the defendant be allowed his appeal. The defendant as principal and.. —. as surety recognized to the plaintiff in the sum of -----— dollars for the prosecution of said appeal in due form of law. The foregoing is a true copy from the record, with a minute of the recognizance, examined by -------------------- 2Justice of the Peace. A copy of the writ must be annexed. A RECOGNIZANCE TO BE SENT UP BY A JUSTICE OF THE PEACE Recognizance before justice IN CRIMINAL PROSECUTIONS. for appearance DISTRICT OF t s at higher court. Be it remembered that on the ---- day of, A. D. -..., before, —-- justice of the peace for the district of --------—, personally appeared ------—, of, principal, and, and -- of the —-- sureties, and acknowledged themselves jointly and severally indebted to the treasurer of --------—, in the sum of.-.... dollars, to be levied of their, and each of their goods and chattels, lands and tenements, and for the want thereof, on their bodies, if default be made in the condition following: The condition of the above recognizance is such that if the above named., charged before me with having —... shall make his personal appearance before the- court, to be holden at, in the ------—, and answer to the matters and things which shall then and there be objected to him, in this behalf, shall abide the order of the said court, and not depart without leave of the same, then this recognizance to be void, otherwise of effect. Taken and acknowledged this ---- day of -----, A. D. -..., before --------------------— Justice of the Peace. RECOGNIZANCE FOR WITNESS TO APPEAR AND TESTIFY. Recognizance ol witness. DISTRICT OF ss. Be it remembered that on the - day of..-, A. D. 80 TERRITORIAL LAWS. 109. __ before-, justice of the peace for the district of -, —----—, personally appeared - -, of-, and acknowledged himself indebted to the treasurer of, in the sum of ------— dollars, to be levied of his goods and chattels, lands and tenements, and for want thereof, on his body, if default be made in the condition following: The condition of the above recognizance is such that if the above named —------ shall appear before the supreme court to be holden at, in the- --- -.. -, to testify his knowledge in a certain prosecution in behalf of this Territory against, —----, and shall not depart without the leave of said court, then this recognizance to be void, otherwise of force. Taken and acknowledged this ---- day of, A. D. ---------------------— Justice of the Peace. Defects tn sum- SEC. 3. And be it enacted, That no summon, writ, declaration, etc, not to be return, process, judgment, or other otheproceedig in civil causes inl considered, but cut o f e ioV sa b aret judgmenttobe any of the courts of this Territory shall be abated, arrested, rendered upon quashed, or reversed for any defect or want of forms, but the said the right and equity. courts shall proceed and give judgment according to the right of the case, and matter in law, as shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration, or other pleading, return, process, judgment, or course of proceeding whatsoever, except only those in case of Demurrer, demurrer, which the partydemurring shall specially set down and excepted. except, together with his demurrer, as the cause thereof, and the said court, respectively, shall and may by virtue of this act, from Powerof court time to time, amend all and every such imperfections, defects, rections, etc. and want of forms, other than those only which the party demurring shall express, as aforesaid, and may, at any tine, permit either of the parties to amend any defect in the process or pleading, upon such condition as the said courts respectively shall, in their discretion, by their rules prescribe; the same being adopted from the laws of three of the original States, to wit: The States of New York, Vermont, and Massachusetts, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-third day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislalure. No. 66. February. AN ACT regulating enclosures. Lawful enclos- Be it enacted by the Governor and Judges of the Territory of ure defined. Michigan, That all fields and grounds kept for enclosure, shall be well enclosed with fence composed of sufficient posts and rails, posts and palings, palisades, or rails alone, laid out in the manner TERRITORIAL LAWS. 81 which is commonly called a worm fence, which posts shall be deep 1809. set, and strongly fastened in the earth, and all fences composed of posts and rails, posts and palings, or palisades, shall be at least five feet in height, and all fences composed of rails, in the manner which is commonly denominated a worm fence, shall be at least five feet six inches in height, the uppermost rail of each and every panel thereof, supported by strong stakes, strongly set, and fastened in the earth so as to compose what is commonly called staking and riding, otherwise the uppermost rail of every panel of such worm fence shall be braced with two strong rails, poles, or stakes, locking each corner or angle thereof, and in all cases wherein any fence is composed of any of the foregoing materials, the apertures between any of the rails, palings, or palisades, within two feet of the surface of the earth, shall not be more than four inches, and from the distance of two feet from the earth, until the height of three feet six inches from the surface thereof, the apertures between such rails, palings, or palisades shall not be more than six inches, and that in all worm fences, the worm of the same shall be at least one third of the length of the rails which compose the respective panels thereof. SEC. 2. And be it enacted, That if any horse, gelding, mare, Ownerofanimal breaking into colt, mule, or ass, sheep, lamb, goat, kine, or cattle, shall lawfulenclosure break into any person's enclosure, the fence being of the afore- liable for damsaid height and strength, or if an hog, shoat, or pig shall break etc. into any person's enclosure, the fence being of the aforesaid height and sufficiency, and by the view of two persons for that purpose appointed by the district court, found and approved to be such, then the owner of such creature, or creatures, shall be liable to make good all damages to the owner of the enclosure, for the first offense, single damages only, ever after, double the damages sustained. SEC. 3. And be it enacted, That for the better ascertaining Partition and regulating of partition fences it is hereby directed that when enbces. cost of any neighbors shall improve lands adjacent to each other, or where borne, when. any person shall enclose any land adjoining to another's land already fenced, so that any part of the first person's fence becomes the partition fence between them, in both these cases the charge of such division, so far as enclosed on both sides, shall be equally borne and maintained by both parties; to which, and other Fence viewers, ends in this law mentioned, each district court, yearly, and every appointment of, year in the term ensuing, shall nlominate, and hereby is required ers. to nominate and appoint six honest and able men, who must also be freeholders, for each district, who being duly sworn to a faithful discharge of the duties of their appointment, shall, or any three of them, proceed, on the request of any person or persons feeling him, her, or themselves aggrieved, to view all such fence and fences about which any difficulty may happen or arise, and the aforesaid persons, or any two of them, in each district respectively, shall be the sole judges of the charge to be borne by the delinquent, or by both, or either party, and of the sufficiency of all fences, whether partition fences or others, and when they 11 82 TERRITORIAL LAWS. 1809. shall judge any fence to be insufficient, they shall give notice thereof to the owners or possessors, and if any one of the owners or possessors, upon request of the other, and due notice given by Proceedings in the said viewers, shall refuse or neglect to make or repair the case of refusal to make or said fence or fences, or to pay the moiety of the charges of any repairfenco fence before made, being a division or common fence, within after due notice. n twenty days after notice given, thereupon proof thereof before two justices of the peace of the respective district, it shall be lawful for the said justices to order the person aggrieved and suffering thereby to make or repair the said fence or fences, who shall be reimbursed his costs and charges from the person so refusing or neglecting to make or repair the partition fence or fences aforesaid, or to order the delinquent to pay the moiety of the charge of any fence before made, being a division or common fence, as the case may be, and if the delinquent shall neglect or refuse to pay to the party injured the said moiety of the charge of any fence or fences under the order aforesaid, then the same Penalty. shall be levied upon the delinquent's goods and chattels under warrant from the said justices of the peace, by distress and sale thereof, the overplus, if any, to be returned to the said delinProviso. quents: Provided, That nothing herein contained shall be intended to prevent or debar any person or persons from enclosing his or their grounds in any manner they please, with sufficient rails or fences of timber other than those heretofore mentioned or by dykes, hedges, or ditches; all such walls and fences to be in height at least five feet from the ground, and all dykes to be at least three feet in height from the bottom of the ditch, and planted or set with thorn or other quickset, so that such enclosure shall fully answer and serve the several purposes meant to be Proviso. answered and secured by this law: Provided, also, That such walls or fences of timber, other than those heretofore mentioned, and dykes, hedges, and ditches, shall be subject to. all provisions, inspections, and restrictions, respectively, to which, by this law, any other enclosure or fence is made liable, according to the true intent and meaning thereof; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-fourth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JoS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 67. February 24. AN ACT repealing certain acts therein named. Be it enacted by the Governor and the Judges of the Territory of Michigan, That the several acts and parts of acts hereinafter mentioned, be and the same are hereby repealed, to wit: TERRITORIAL LAWS. 83 An act concerning the marshal of the Territory of Michigan, 1809. adopted the tenth day of July, one thousand eight hundred and Concerning the five; marshal. An act concerning the supreme court of the Territory of Mich- Supreme court. igan, adopted the twenty-fourth day of July, one thousand eight hundred and five; An act concerning district courts, adopted the twenty-fifth day District courts. of July, one thousand eight hundred and five; An act concerning the recovery of debts to the value of twenty Recovery of dollars, adopted the first day of August, one thousand eight hundred and five; An act concerning grand juries, adopted the fourteenth day of GrandJuries. August, one thousand eight hundred and five; An act concerning juries, adopted the seventeenth day of August, Juries. one thousand eight hundred and five; An act concerning appeals, adopted the twentieth day of August, Appeals. one thousand eight hundred and five; The fourth section of an act entitled "An act concerning the Recordingof recording of deeds and other writings," adopted the twenty-ninth deeds. day of August, one thousand eight hundred and five; An act concerning ferries, tavern keepers, and retailers of mer- Ferries, tavern chandise, adopted the twenty-ninth day of August, one thousand keepers, etc. eight hundred and five; An act concerning auctione, adopted the thirtieth day of Auctions. August, one thousand eight hundred and five; An act concerning the militia of the Territory of Michigan, Militia. adopted the thirtieth day of August, one thousand eight hundred and five; An act concerning wills and justices, adopted the thirty-first day wills and jusof August, one thousand eight hundred and five; An act concerning the treasurer of the Territory of Michigan, Treasurer. adopted the fourth day of September, one thousand eight hundred and five; An act imposing certain taxes, adopted the tenth day of Sep- Taxes. tember, one thousand eight hundred and five; An act in addition to an "act concerning the marshal of the Marshal. Territory of Michigan," adopted the thirteenth September, one thousand eight hundred and five; An act for the relief of the poor, adopted the eighth day of Relief of the Octcber, one thousand eight hundred and five; An act concerning attachments and absent defendants, adopted Attachments and absent the twelfth December, one thousand eight hundred and six; defendants. An act concerning the city of Detroit, adopted the thirteenth Detroit, cityof, of September, one thousand eight hundred and six; An additional act concerning district courts, adopted the second District courts. day of April, one thousand eight hundred and seven; An additional act concerning the recovery of small sums to the Recovery of amount of twenty dollars, adopted the sixteenth day of April, one Small sum thousand eight hundred and seven: Provided, nevertheless, and it is hereby further enacted and Proviso. expressly declared, That the aforesaid repealed acts, or laws, shall 84 TERRITORIAL LAWS. 1809. be in full force as to all matters and things done or transacted during their existence, to which they relate, to all intents and purposes, as though this act had not been made, and all such matters may be prosecuted, done, and completed at any time hereafter, pursuant to the same laws, and this act shall not be construed to affect any right or rights, remedy or remedies, fines, forfeitures, or penalties incurred or accruing under any former act, or acts, clause, or clauses of acts; anything herein contained to the contrary nothwithstanding. Acts of the SEC. 2. And be it enacted, That all acts or laws adopted and or Indiana Ter- published by the governor and judges, or by the legislative authority ritories, to have of the Northwestern Territory, or the Indiana Territory, shall, no further effect. from and after the passing of this act, cease to have any force or operation within this Territory: Provided, nevertheless, That Proviso. the act shall not be construed to defeat or affect any right or rights, fines, forfeitures, or penalties which have already accrued, under any of the laws aforesaid; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-fourth day of February, one thousand eight hundred and nine. A ttest; VWILLIAM HULL, JOS. WATSON, Governor of Mwchigan, and President Secretary. of the Legislature. No. 68. AN ACT making appropriations for the year one thousand eight February 26. hundred eight, and one thousand eight hundred and nine. Salary of Secre- Beit enacted by the Governor and Judges of the Territory of Michtary. igan, That there be and hereby is appropriated as the annual salary of the secretary to the governor and judges of the Territory of Michigan, for the year one thousand eight hundred and nine, the Jos. Watson. sum of twenty-five dollars; for the services of Jos. Watson rendered for the legislative board, to wit: Forty days, at two dollars per day, is eighty dollars; and for transcribing copies of the laws Paupers. for the district, sixty-six dollars. For expenses on paupers in one thousand eight hundred and eight, a sum not exceeding four hundred dollars. For expenses on paupers up to the first of March, one thousand eight hundred and nine, a sum not exceeding one Inquisitions. hundred and four dollars. lFor inquisition on dead bodies, a sum Court house, not exceeding seventy-five dollars. For the use of a court house, etc. jail, firewood, candles, stoves, &c., a sum not exceeding two Marshal. hundred and eighty dollars. For the marshal, for attending before magistrates, in criminal cases, a sum notexceeding seventyJas. Withrell, five dollars. For James Witherell, John Whipple, and William John Whipple McD. Scott, as commissioners, for seventeen days' service each, and Win. MND. Scott. in exploring and superintending the survey of a public road from the foot of the rapids of the river Miami, of Lake Erie, to Detroit, TERRITORIAL LAWS. 85 at four dollars per day, each, is two hundred and four dollars. 1809. For James McCloskey, in surveying said road, at three dollars Jas.McCloskey. per mile, it being sixty-six miles, fifty-two chains, and forty links, is one hundred and ninety-nine dollars and fifty cents. For the Men and horses. hire of two horses and two men, seventeen days, at four dollars per day, is sixty-eight dollars. For eleven days of the service of one man, on the same business, at one dollar per day, eleven dollars. Stationery in the treasury department, ten dollars; and for a con- Stationery. tingent fund, to be expended under the direction of the governor, contingent subject to the revision of the legislative power, to meet extraordi- fund. nary expenses which may occur, a sum not exceeding two hundred dollars. SEC. 2. And be it enacted, That the several surns aforesaid and shall be paid out of any money in the Territorial treasury, not otherwise appropriated according to law: Provided, however, That Proviso. the sums of two hundred and four hundred dollars appropriated for the payment of the commissioners, for laying the road as aforesaid, and the sum of one hundred and ninety-nine dollars and fifty cents, for surveying said road, shall not be paid out of the treasury within twelve months from and after the passing of this act, unless it be from moneys which may be in the treasury arising from the sale of lottery tickets, pursuant to an act adopted by the governor and judges of this Territory, the nineteenth day of December, one thousand eight hundred and eight; the same being adopted from the laws of two of the original States, to wit: The States of Pennsylvania and Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-fourth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JoS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 69. AN ACT regulating fees. February26. Be it enacted by the Governor and Judges of the Territory of Fees allowed. Michigan, That from and after the passage of this act, the fees for services actually rendered, shall be as is herein specified, viz.: TO THE JUDGES OF THE RESPECTIVE DISTRICT COURTS. Judges of district courts, For the entry of each action, whether original or by appeal, one dollar. For the trial of each action, one dollar. For the surrender of a principal by his bail, in court, twentyfive cents. Granting an appeal and taking recognizance, twenty-five cents. Rendering judgment on the report of auditors or referees, fifty cents. 86 TERRITORIAL LAWS. 1809. Granting a writ of protection, or any other original process, fifty cents. Granting and serving a writ of audita querela, and taking bonds, to each judge signing the same, fifty cents. For a writ of habeas corpus, one dollar. And to each judge, for every day's attendance in the appointment of district officers, or auditing any district accounts, which by law he is required to do, two dollars. All the above perquisites to be equally divided among the judges who actually attend to, and perform the services. Justices of the TO JUSTICES OF THE PEACE. peace. For a warrant or attachment, thirty-three and one-third cents. For a summons, twenty-five cents. For a subpoena, for one or more witnesses, twelve and one-half cen ts. For each judgment on a trial, fifty cents; by confession,defects, or non-suit, twenty-five cents. Recognizance to prosecute on appeal, seventeen cents; copy of a judgment, and other necessary papers in an appealed cause, fifty cents. For an execution, twenty-five cents. For taking and certifying a deposition, thirty-three and onethird cents. For travel, each way, in taking deposition, thirty-three and onethird cents. Each oath administered, for private benefit, with certificate, six and one-quarter cents; when certified, twelve and one-half cents. Recording a complaint and issuing a warrant thereon, in criminal cases, fifty cents. For the trial of each criminal cause, fifty cents. For taking and returning a recognizance to the supreme or district court, in a criminal case, fifty cents. For a mnittimus to commit, on a criminal accusation, twentyfive cents. Clerk of the TO THE CLERK OF THE SUPREME COURT. Supreme Court. Entering an indictment, information, or complaint, and all matters relative thereto, fifty cents. Warrant for a criminal, thirty-three and one-third cents. Subpoena for one or more witnesses, twelve and one-half cents. Entering each civil action for trial, twelve and one-half cents. Recording a verdict, twelve and one-half cents. Motions for a review, twelve and one-half cents. Writ of scirefacias, seventy-five cents. Entering judgment and taxing costs in a suit, twehty-five cents. Execution, twenty-five cents. Writ of facias habire possessionem, including entering judgment, and taxing costs, one dollar. Writ of habeas corpus, when signed by the clerk, one dollar; when signed by a judge or judges, twenty-five cents. TERRITORIAL LAWS. 87 Copies of all records or papers containing one hundred words, 1809. twelve and one-half cents. Entering each rule of court, eighteen and three-fourths cents. Recording a non-suit or default, twenty-five cents. Entering an appearance, twelve and one-half cents. Entering satisfaction of judgment on record, thirty-three and one-third cents. Entering a judgment at large, fifty cents. Venire for a jury, thirty-three and oae-third cents. For every writ, other than those before mentioned, twenty-five cents. For each recognizance, including principal and sureties, twelve and one-half cents. Opening and filing depositions in court, twelve and one.half cents. Searching records of five years' standing, six and one-fourth cents. CLERKS OF DISTRICT CORRTS. Clerks of district courts. The same as is allowed to the clerk of the supreme court for similar services, except in criminal causes, where it shall be oneeighth part less. GRAND JURORS. Grand jurors. Each grand juror for attending the supreme court, or a district court, for each day, one dollar, and for each mile traveled in coming to court, six and one-fourth cents. PETIT JURORS. Petit jurors. For every verdict returned to the court, to each juror, fifty-cents, and the same mileage as grand jurors. MARSHAL OF THE TERRITORY. Marshal of the Territory. Serving a summons, or citation, by reading, fifty cents; for leaving a copy thereof, twenty-five cents. Capias, or warrant, and taking the body of one defendant, two dollars, and for each additional defendant, in the same warrant, fifty cents. Attachments on property, and taking a receipt, two dollars. Levying execution on property, two dollars. Levying execution on the body, two dollars. Collecting an execution, for the first five hundred dollars, six dollars on each hundred, and on each additional hundred dollars, two dollars and one half. Travel per mile, each way, in all cases, six and one-fourth cents. Serving a summons on each juror, twenty-five cents. Each day's attendance on the supreme court, two dollars. Taking inquisition on dead bodies, per day, three dollars; and for any other actual services rendered, and not herein enumerated, such sums as shall be allowed by the supreme court. Serving and returning any warrant, execution, summons, or other process, for a justice of the peace, for each person arrested, twenty-five cents. 88 TERRITORIAL LAWS. I 809. Each person summoned, sixteen and and one-fourth cents. Traveling one or more miles, going only, six and one-fourth cents. Collecting and paying money on execution from justice of the peace, the same as already provided. Vice marshal. VICE MlARSHAL. The same as the marshal. District mar- DISTRICT MARSHAL. shal. The same fees as is allowed to the marshal of the territory, except that in criminal causes they shall be one-eighth less. When marshal SEC. 2. And be it enacted, That when it shall so happen that is party to suith other person to the marshal of any district is a party, or interested in any suit, performhisduty it shall be lawful for the clerk of any district court to deputize some suitable person to perform his duty in such particular case. Parties. PARTIES. For the party recovering, in the supreme court, for his attorney, four dollars. In all other cases for each judgment recovered, two dollars. In causes in district court, tried by a jury, three dollars. In all other cases, for a judgment recovered, one dollar and fifty cents. For a declaration on a writ, fifty cents. For each days' attendance before the supreme court or district court, forty cents. Before a justice of the peace, thirty-three and one-third cents. Traveling ten miles, within this Territory, to be accounted equal to a davy's attendance, but shall in no case be allowed for more than forty miles, unless the party actually performs it by himself, or special agents. Witnesses. WITNESSES. Before the supreme court or district court, in all civil or criminal cases, for each day's attendance, seventy-five cents; for each mile's travel going and coming, four cents. Before a justice of the peace, referees, or arbitrators, for each day's attendance, thirty-three and one-half cents, and the same traveling fees as allowed in cases of supreme court, or district courts. Attorney ATTORNEY GENERAL. General. For all criminal causes tried by a jury in supreme court, including indictment, information, or complaint, eight dollars. If by the court, four dollars. In a district court by a jury, including indictment, information, or complaint, six dollars. If by the court, four dollars. And for such other services rendered in criminal prosecutions, as shall be allowed by the court. TERRITORIAL LAWS. 89 JUDGE OF PROBATE. 1809. For granting administration, fifty cents. Judge of proIf litigated, one dollar. bate. Appointment of a guardian for a minor, or non compos mentis, forty cents. Probate of a will, not litigated, fifty cents. If litigated, one dollar. Examining and allowing inventory twenty-five cents. Administering an oath, if certified, twelve and one-half cents; If not, six and one-fourth cents. Examining and allowing any account, if not more that two pages, forty cents. For each page over two, twelve and one-half cents. Decree for settling an intestate estate, forty cents. A citation, seventeen cents. Summons for a witness, twelve and one-half cents. Warrant to appraise or divide an estate, thirty-three and onethird cents. Apponitment of commissioners to examine claims to an insolvent estate, twenty-five cents. Order of distribution, twenty-five cents. Granting an appeal, twenty-five cents. REGISTER OR CLERK OF PROBATE. Register or clerk of probate. Writing bond and letter of administration, forty cents. Bond for guardian, and recording the same, sixty cents. If for more than one minor, for each additional one, twelve and one-half cents. Drawing a decree in probate of a will or bond for an execution, thirty-three and one-third cents. Writing warrant to appraise the estate of a deceased person, entering the account of an administrator, executor, or guardian, twenty-five cents. Writing a decree of partition or order of distribution, twentyfive cents. Writing a summons for one or more witnesses, twelve and onehalf cents. Recording or copying, for each hundred words, eight cents. Writing bond on an appeal to the supreme court, twenty cents. For searching records, the same as allowed to the clerk of the supreme court. REGISTER OF DEEDS. Register of deeds. For recording each deed, or any other writing, after the rate of, for every hundred words, eight cents. For copying the record, the same for searching for a record for more than five years standing, six and one-fourth cents. JAILOR' S FES. Jailors. For turning the key for each person committed or discharged, twenty-five cents. 12 90 TERRITORIAL LAWS. s809. For dieting a prisoner, such sum as shall be, from time to time, allowed by the district court. Costs, criminal SEC. 3. And be it enacted, That all costs arising on criminal prosecutions prosecutions, shall be paid from the treasury into which the fine by law is made payable, and shall, by the clerks of the courts respectively, be made up in the bill of costs against the respondents, in case of conviction; and the expenses of inquisitions on Inquests. dead bodies shall be paid from the treasury of the district where they are held. Penalty for SEC. 4. And be it enacted, That if any person shall knowingly overcharging, and wittingly ask, demand, or receive any greater sum for performing any of the services enumerated in this act, than therein is allowed for the same, the person of whom such unlawful asking, demanding or receiving is made or had, shall be entitled to recover of the person so asking, demanding, or receiving as aforesaid, treble the amount, so unlawfully asked, demanded, or received, by action brought on this statute, with costs, before any court of competent jurisdiction; the same being adopted from the laws of one of the original States, to wit: The State of Massachusetts, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this twenty-sixth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, Jos. WATSON, Governor of Michigan and President Secretary. of the Legislature. No.February 2670. AN ACT concerning schools. February 26. Overseers of the Be it enacted by the Governor and Judges of the lerritory of Poor to lay out Michigan. That it shall be the duty of the overseers of the poor school districts, etc. of each juaicial district within this Territory, some time in the month of May next, to divide their respective districts into such sections as, in their judgment, will be most convenient for erecting school-houses, and maintaining schools, which sections shall be styled school districts, which may be altered from time to time, as will best accommodate the inhabitants. Trustees. SEC. 2. And be it enacted, That the said overseers shall be trustee~s for the said school districts, and shall, on the first Monday of May, in each and every year, make a return to the judges of Schoolcensus. their respective district courts, of the whole number of children in each school district, as aforesaid, who are between four and eighteen years of age, and the said judges shall annually make an Tax, how made, appropriation for a sum not exceeding four dollars, nor less than etc. two dollars, for each child within the age aforesaid, agreeable to the return aforesaid, within'their respective districts, which sum shall be collected and paid into the district treasury in the same manner as is directed by law for collecting and paying in other TERRITORIAL LAWS. 91 district taxes, and shall remain in the treasury until drawn out as Iso09. is hereinafter provided. SEC. 3. And be it enacted, That at the end of each year, count- District treasing from the first day of May, it shall be the duty of the said on st ate ofrt treasurers to make a report in writing to the judges of the dis- schools, etc. trict court respectively, of the state of the schools kept in the several school districts as aforesaid, wherein shall be stated the number of weeks the school has been kept, and number of scholars, and the wages paid the instructor; and after the said judges have obtained a satisfactory account from all the school districts, within the judicial district, they shall proceed to make an equal distri- Appropriation of tax by the bution of the money collected and paid into the treasury as afore- Judges. said, to each school district, in proportion to the money which the district has actually expended, in erecting a school-house or maintaining a school the preceding year, and draw orders therefor accordingly, in the name of such trustee or trustees as are authorized to represent the district, and the treasurer is directed to pay the same, taking the trustee's receipt therefor, upon such order, which order and receipt shall be good accounting for the said treasurer, in his settlement of accounts with the district, and in case one or more of the said school districts shall neglect to erect a schoolhouse, or to keep a school during one whole year, such district shall not be entitled to receive any part of the money collected for the purpose aforesaid, but it shall be paid to such district or districts as shall keep a school or schools. SEC. 4. And be it enacted, That the said trustees shall be Compensation allowed trusallowed a reasonable compensation for their services prescribed tees. by this act, to be allowed by the said judges, and drawn from the district treasury; the same being adopted from one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this twenty-sixth day of February, one thousand eight hundred and nine. Attest: WILLIAM HULL, JOS. WATSON, Governor of Michigan and President Secretary. of the Legislature. No. 71. AN ACT making certain appropriations. No.ay Be it enacted by the Governor and Judges of the Territory of Michigan, That there be and hereby is appropriated, as a compensation for services rendered by Joseph Watson, as secretary Jos. Watson. to the legislature of this Territory of Michigan, the sum of thirtyone dollars and ninety-three and three-fourths cents; and the sum of sixteen dollars to John Goff, for services rendered in writing JohnGoff. military commissions, and copying laws relative to the duty of the marshal of this Territory. 92 TERRITORIAL LAWS. 1809. Made and published at the city of Detroit, in the Territory of Michigan, this eleventh day of May, one thousand eight hundred and nine. Attest: REUBEN ATTWATER, JOS. WATSON, Acting Governor of Michigan aud PresSecretary. dent of the Legislature. No.y 72 AN ACT concerning the service of writs. May 11. Be it enacted by the Governor and Judges of the Territory of Michigan, That from and after the fifteenth day of May instant, Summons and in all cases, where it is not otherwise specially provided by law, attachment. the service of all writs of summon or attachment, made returnable to the supreme court, or to any district court, shall be made at least twelve days before the first day of the session of said courts respectively; and all writs of summon or attachment, issuing from a justice of the peace, in all cases where it is not otherwise specially provided by law, shall be served at least six days before the day of trial named in such writ; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, in the Territory of Michigan, this eleventh day of May, one thousand eight hundred and nine. Attest: REUBEN ATTWATER, JOS. WATSON, Acting Governor of Michigan and PresSecretairy. ident of the Legislature. 1810. AN ACT declaring any and all bills, acts, laws, enactments, or sNo. 73. regulations whatever, heretofore existing, or supposed to exist, September 1. relating to the manner of authenticating the legislative acts of this government, to be null as to any future operation.* Be it enacted by the Governor and Judges of the Territory of Michigan, That anly and all bills, acts, laws, enactments or regulations whatsoever, heretofore existing, or supposed to exist, relating to the manner of authenticating the legislative acts of this government, shall be null as to any future operation. Made and published at the city of Detroit, in the Territory of Michigan, this first day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, JoS. WATSON, Governor of the Territory of Michigan. Secretary. A. B. WOODWARD, One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. JAMES WITHERELL. *Title of this act given in Cass Code, p. 210, vol. 1, Territorial Laws. TERRITORIAL LAWS. 93 AN ACT concerning illegitimate children.* 1810. Be it enacted by the Governor and Judges of the Territory of No. 74. Michigan, That any justice of the peace informed of a female September4. person having an illegitimate child, may issue his warrant to bring Mother of such person before him, and may call upon her for security from ild gitimay tbe any public charge that might accrue from such child, and upon required togive bond to save the any neglect or refusal, may commit her. In case the said person public from shall discover the father, the justice may discharge her, and call charge. the father before him, and cause him to give security in the sum If father be of eighty dollars, to indemnify the public against any charge for discovered. the maintenance of such child; the same being adopted from the laws of one of the original States, to wit: The State of Maryland, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 2. And be it enacted, That ally justice, upon the applica- Father maybe tion of the mother of an illegitimate child, verifying that she has providefor not received any money from the father, more than credit given, mcintenance of may adjudge such father to pay the mother an adequate sum for the maintenance of the child, not exceeding thirty dollars for one year, until the child shall attain the age of seven years; the same being adopted from the laws of one of the original States, to wit: The State of Maryland, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this fourth day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, Jos. WATSON, Governor of the Territory of Michiqan. Secretary. AUGUSTUS B. WOODWARD, One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. AN ACT to fix the compensations of counsel and attorneys at No.75. law in the supreme court of the Territory of Michigan. t September 7. Be it enacted by the Governor and the Judges of the Territory of Repealing Michigan, That the several laws and regulations now existing clause. on the subject of compensation of counsel and attorneys in the supreme court, be repealed, and the same shall be five dollars; Newscheduleof and in cases where the controversy is settled out of the court, one- fees third of the said sum; the same being in part made under the repealing power, and in part adopted from four of the original States, to wit: The States of Massachusetts, New York, Vermont, and Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. Made, adopted, and published at the city of Detroit, within the * Digest of, Cass Code, p. 180, vol. 1, Territorial Laws. t Digest of, Cass' Code, p. 139, vol. 1, Territorial Laws. 94 TERRITORIAL LAWS. s810. territory of Michigan, this seventh day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, JoS. WATSON, Governor oJ the Territory of Michigan. Secretary. AUGUSTUS B. WOODWARD, One of the Jiudges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. No.76. AN ACT declaring what shall be deemed a lawful enclosure for September 12. preventing trespasses, and concerning partition fences and estrays.* Lawful enclos- Be it enacted by the Governor and the Judges of the Territory of ure defined. Michigan, That a fence of strong and sound materials. five feet high and so close that hogs or sheep cannot creep through, or a hedge two feet high upon a ditch three feet deep and three feet broad, or, instead of such hedge, a rail fence of two feet and a half high, the hedge or fence being so close that the animals aforesaid cannot creep through, shall be accounted a lawful fence; the same being adopted from one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. Animals enter- SEC. 2. And be it enacted, That if any horse, mare, cattle, hog, ung lawful en- sheep, or goat shall break into any grounds, being enclosed with a closure owners thereof liable lawful fence, the owner of the animal shall make reparation to the for damages. party injured, to the true value of the damage sustained, for the Double dam- first trespass committed, and for every trespass afterwards double aglectible. damages and the costs; the same being adopted from one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. Legalityof en- SEC. 3. And be it enacted, That upon complaint made by the closure, how ascertained. party injured, before a justice of the peace, the justice is hereby empowered and required to issue an order to three honest housekeepers, of the vicinity, not related or interested, requiring them to view the fence where the trespass is alleged to have been committed, and to take memoranda of the same, and their testimony shall be good evidence concerning the legality of the fence; the same being adopted from one of the original States, to wit: The State of Virginia, as far as necessary an& suitable to the circumstances of the Territory of Michigan. Persons not SEC. 4. And be it enacted, That if any person injured for want having lawful of a sufficient fence, shall hurt, wound, lame, kill, or destroy any fence, injuring animals,liable animal, the property of another, or shall cause the same to be agestoowners done, the person offending shall pay, to the owner of the animal, of animals. double damages with costs; the same being adopted from one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. * Digest of, Cass' Code, p. 147, vol. 1, Territorial Laws. TERRITORIAL LAWS. 95 SEC. 5. And be it enacted, That every person who, without 1810. leave of the owner, shall take away any boat, canoe, or other vessel, shall pay to the owner, for every offense, ten dollars, and the Penalty for taking boats, damage such boat, canoe, or other vessel shall sustain, anid the etc.,without charge of bringing back such boat, canoe, or other vessel, with leave. costs; the same being adopted from one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 6. And be it enacted, That the charges of the partition Partitionfenfences shall be equally sustained by both parties, and a justice tamned. of the peace, on the request of a person aggrieved, shall nominate and appoint three honest and able men to view any fence Fenceviewers, about which a difference may exist, and such persons may be the chargefor. sole judges of the charge to be sustained by the delinquent party, or by both parties, or either of them, and if either of the parties, at the request of the other, shall refuse or neglect to make and repair his fence, or to pay the moiety, or amount in which he is PenaltYtfor neglect to make found delinquent, after twenty days' notice, it shall be lawful for or repair after a justice of the peace to order the person aggrieved to make or duenotice. repair the said fence, who shall be reimbursed his costs and charges by the party neglecting, and if the party shall neglect or refuse to reimburse the said costs and charges, or to pay his moiety or amount of any fence, the same shall be levied by execution from a justice of the peace; the same being adopted from one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigaii. SEC. 7. And be it enacted, That every person who shall cut or Penalty for destroy any tree, or sapling, standing or grown upon the land of etc., without another, without permission of the owner, shall pay, for everyleaveof owner. offense, a sum not exceeding ten dollars, recoverable before a justice of the peace, who, if the defendants shall plead title to the land, shall dismiss him on his giving sufficient security to Whentitle to prosecute his claim within one year, and the costs shall, in that land s pleaded. case, be made a part of the judgment to be rendered in such action, and if the party fail to bring such action, within one year, a justice of the peace may give judgment and execution against him; the same being adopted from one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 8. And be it enacted, That every person taking up a Estrays,boats, stray animal. or any water craft, gone or going adrift, shall, within etc. five days, cause the same to be viewed by some householder in the vicinity, and shall, with such householder, go before a justice of Appraisalof. the peace, and the justice shall take an exact description of the property, and shall issue his warrant to one or more disinterested householders, to appraise the same, and the owner shall pay reason- Owner, rights able costs and charges, if he appear within one year to reclaimn his and duties. property; and if he appear after one year, and the property be not a horse, or otherwise be not above the value of twenty dollars, he shall take the property, or the appraised value, at the option of 96 TERRITORIAL LAWS. s810o the party in possession; the same being adopted from one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this twelfth day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, JOS. WATSON, Governor of the Territory of Michigan. Secretary. AUGUSTUS B. WOODWARD, One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. JAMES WITHERELL. NO. 77. AN ACT to regulate the internal government and police of the September 14. several districts in the Territory of Michigan.* Electors, who Be it enacted by the Governor and the Judges of the Territory are. of Michigan, That the free male adult citizens of the United States of America, within the several districts of the Territory of Michigan, who have resided one year within the district, shall, on Council elected the second Tuesday of October, annually, elect five councilors, and vested with internalgovern- selectmen, or commissioners, of integrity and knowledge for the ment, etc. internal government and police of the district; the elections to be Election, how notified, held, conducted, and certified by the marshal of the disconducted. trict; the same being adopted from the laws of three of the original States, to wit: The States of Connecticut, Ohio, and Pennsylvania, as far as necessary and suitable to the circumstances of the Territory of Michigan. Quorum. SEC. 2. And be it enacted, That a majority of the council shall be a quorum for the transaction of business, and a majority of Powers and such quorum shall determine a question. The council shall have cetiesofloun- power to determine contested elections of their own members, and when vacancies accrue within the year, to provide for an election to supply such vacancy. The council shall provide for the support of the poor, for the maintenance and repair of roads and bridges, and generally for the internal government and police of the district, for the education of youth, and for those and other purposes shall levy and collect rates and taxes, and make and enact all laws and regulations necessary to give effect to their powers, not contravening the constitution and laws of the United States, or the laws of the Territory, and shall appoint all officers necessary to carry into execution such powers, laws, and regulations, and shall have succession, and may use a seal, and may sue and be sued, and may acquire, hold, and alien property, real and personal, and all courts and ministers of justice shall be aiding to the execution of their powers; the same being adopted from the laws of four of t'he original States, to wit: The States of Con* For act repealing, see Cass' Code, p. 211, vol. 1, Territorial Laws. TERRITORIAL LAWS. 97 necticut, Ohio, Pennsylvania, and Vermont, as far as necessary s810o and suitable to the circumstances of the Territory of Michigan. Adopted and published at the city of Detroit, within the Territory of Michigan, this fourteenth day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, JOS. WATSON, Governor of the Territory of Michigan. Secretary. AUGUSTUS B. WOODWARD. One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. AN ACT to repeal all acts of the Parliament of England, and of No. 78. the Parliament of Great Britain, within the Territory of Michi- Septemberl6. gan, in the United States, and for other purposes.* AN ACT rendering territorial offices incompatible with offices No. 79. under the general government. September 16. Be it enacted by the Governor and the Judges of the Territory Justices of the peace and of Michigan, That a Territorial office shall be incompatible with militia officers an office under the general government, excepting justices of the excepted. peace, and officers of the militia: Provided, That justices of Proviso. the peace, holding any commission under the general government, shall not take cognizance of any matter, civil or criminal, and that officers of the militia shall not exercise a territorial office when in the actual service of the United States, and receiving, or entitled to receive pay; The same being adopted from the laws of two of the original States, to wit: The States of Pennsylvania and Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 2. And be it enacted, That this act shall commence from When to take the first day of January, one thousand eight hundred and fifteen; efect. the same being adopted from the laws of one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. Adopted and published at the City of Detroit, within the Territory of Michigan, this sixteenth day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, JOS. WATSON, Governor of the Territory of Michigan. Secretary. AUGUSTUS B. WOODWARD, One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of -Michigan. * Printed in full, p. 900, vol. 1, Territorial Laws. Digest of, Cass Code, p. 210, vol. 2, Territorial Laws. Sec. 4 of this act is important, as by it all laws passed between June 2nd, 1807, and September 1st, 1810, were repealed, being most of those contained in this volume. A note in the manuscript would lead one to infer that it had been contested. It repeals repealing acts, and thus reinstates the acts repealed(?) f Repealing act, Cass Code, p. 211, vol. 1, Territorial Laws. 13 98 TERRITORIAL LAWS. 1810. AN ACT to abolish the courts of districts, and to define and No. 80so. regulate the powers, duties, and jurisdiction of justices in matSeptember 16. ters civil and criminal.* Repealing Be it enacted by the Governor and the Judges of the Territory of clause. Michigan, That all acts and parts of acts, relating to the courts of districts, and to the judges thereof, be repealed. Justices of the SEC. 2. And be it enacted, That every justice, within his dispeadictionof trict, shall have power to hear, and where the matter exceeds not twenty dollars, to try; and where the matter exceeds twenty dollars, by the consent of the parties, to try, and after trial by such consent, or by jury, to render judgment upon all pleas and matters of a criminal or penal nature, where the fine or penalty exceeds not twenty dollars, or the imprisonment twenty days, and all pleas and matters of a civil nature where the debt or sum, or balance due, or damages, or thing or matter demanded, or in controversy exceed not the amount or value of one hundred dollars. He shall have power to apprehend, commit, and recognize all offenders whose offenses surpass his jurisdiction; he shall make fair and accurate entries of his proceedings, in all cases, and his proceedings, signed by him, shall be records; the same being adopted from the laws of four of the original States, to wit: The States of New York, Ohio, Pennsylvania, and Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Jury trial, SEC. 3. And be it enacted, That where the matter exceeds twenty dollars, either party shall be entitled to a trial by jury; the same being adopted from the laws of one of the original States, to wit: The State of Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Arbitrators. SEC. 4. And be it enacted, That the parties consenting, the case shall be submitted to any disinterested person, or persons, and on Judgment on the return of their award, signed by them, judgment shall be rendered thereon; the same being adopted from the laws of one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territory of Michiigan. Appeal to SEC. 5. And be it enacted, That where any party shall conceive Supreme Court. themselves aggrieved by the judgment or sentence of a justice, in any plea, action, matter, or conduct whatsoever, such party may appeal to the supreme court of the Territory of Michigan. Either Trial may be by party may demand, in the supreme court, trial by jury, or submit ury orcourt. the matter to be determined by the court, at their election. Before granting any appeal, the party praying the appeal, or some Bond. person for him, shall enter into bond, with sufficient security, in a penalty to be fixed by the justice granting the same, conditioned to pay the amount of the recovery and all costs, interest, and damages awarded, in case the judgment be affirmed. On the trial Whole case to of the appeal the whole case shall be heard and determined accordbe heard. ing to the law, equity, and right of the matter. If the judgment *Digest of, Cass Code, p. 186, Territorial Laws. TERRITORIAL LAWS. 99 be reversed, in whole or in part, the supreme court shall render 1810. such judgment as ought to have been originally rendered. If the Decisiontobe defendant appeals, and the judgment be affirmed, there shall be according to added ten dollars damages. The appeal shall be entered within right. twenty days front the rendition of the judgment; the appellant Ifjudgmentbe shall produce the record. If the record be not filed within the Timeforappeal. three first days of the succeeding term, it shall not be afterwards received, without the consent of the appellee, unless good cause be shown to the court to the contrary. The appellee, after the Rights of expiration of the said three days, and during the same term, may appellee. produce the record, and judgment shall be rendered; or he may have execution on the original judgment. In criminal or penal Bondincrimimatters, the bond or recognizance shall be to prosecute the appeal, ale or penal and to abide the judgment of the supreme court thereupon, and, in the mean time, to be of good behavior; the same being adopted from the laws of seven of the original States, to wit: The States of Maryland, Massachusetts, Ohio, Pennsylvania, New York, Vermont, and Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEc. 6. And be it enacted, That the proceedings, duties, and Proceedureof powers of justices, shall, as nearly as may be, conform to the law, jutices to con form to that of duties, powers, proceedings, and practices of the supreme court of Supreme Court. the Territory of Michigan; and the said supreme court, or any two judges of the same, or any one judge of the same, in case the other two be absent from the Territory, shall direct the forms of Formsof procprocess, fromn time to time, in such manner as shall seem advisa- ess ble; the same being adopted frorn the laws of one of the original States, to wit: The State of Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 7. And be it enacted, That the original process against a Form of original freeholder, or housekeeper, shall be by summons, and in other process. cases, or if in the case of a freeholder or housekeeper, the plaintiff shall satisfy the justice he is in danger of losing his claim, the process shall be by capias; original process shall be returnable When returnin five days; intermediate process, when the justice shall direct, able. and final process in sixty days. If the justice originally issuing the process shall be unable to hear and determine the case, any Who may hear. other justice of the same district may take cognizance of and determine the same. Any case may be continued for sufficient Maybecontincause, witnesses refusing to appear or give evidence, and any party Ped.nalty witor person guilty of contempt, may be fined not exceeding ten dol- nessestrefusing lars, and imprisoned for non-payment of the same. Judgment Judgment.etc may be given in favor of the defendant against the plaintiff, if the plaintiff be found culpable, or indebted. Executions shall first Executions. command the aniount to be levied of the property, and shall further command, if sufficient property cannot be found, to take the body; Exemption. one cow, one sheep, one hog, the apparel, bedding, and tools of the party shall be exempt from execution. At least five days' Notice of sale. notice shall be given of sales. On giving good security a stay of Stay of Execu execution for three months shall be allowed, for sums not exceed- tion. ing twenty-five dollars, of six months for sums not exceeding fifty 100 TERRITORIAL LAWS. 1810. dollars; of nine months for sums not exceeding seventy-five dollars; and of one year for sums not exceeding one hundred dollars. If the amount be not paid, the execution shall be against Penalty, reten- both principal and security. Officers detaining money levied by tionof levies. execution, shall pay twenty-five per centurn, per annum, interest. Judgment If a justice die, or if in any other case his judgment remain unsatisdeath of justice, fled, any other justice, of the same district,;nay issue a writ of etc. duces tecunm for the record, and grant a scire facias against the Removalof party, and render judgment thereon. If a justice remove from justice, dispo- the district, he shall deliver his records to another justice, and his legal representatives shall do the same in case of his death. After two years such records shall be deposited with the clerk of Set-offs allowed. the supre me court. The parties may plead and set off their mutual debts and demands, and shall be precluded for neglect, unless the Recognizanceof amount exceed one hundred dollars. In criminal and penal matwitnesses. ters, tile justice shall recognize the necessary witnesses, and cornConfession of mit for refusal. Judgment may be confessed without process. judgment. No justice shall deternmine a matter where he is of kin to either of Justices, what the parties, or interested; nor be of counsel in a matter in which forbidden. Justices may he has acted as justice. Justices may celebrate the rites of matcelebrate the imony; justices may apprehend for escapes; justices shall take rites of matrimony, etc. acknowledgments and proof of deeds, and other writings; justices shall hear and determine complaints between masters and apprentices, or servants, and disputes relating to indentures, contracts, and wages, and controversies between inhabitants and Indians; justices shall hear and determine forcible entries and detainers; justices shall bind out unprotected minors; the same being adopted from the laws of seven of the original States, to wit: The States of Connecticut, Massachusetts, Maryland, New York, Ohio, Pennsylvania, and Vermont, as far as necessary and suitable to the circumstances of the Territory of Michigan. Marshal, etc., SEC. 8. And be it enacted, That the ministerial officers of juscers of justices. tices shall be the marshal and his deputies, and when no person is May appoint found to serve process, the justice shall appoint a person for that prseson to serve purpose, who shall be entitled to the same fees, and liable to the same penalties; the same being adopted from the laws of one of the original States, to wit: The State of Ohio, as far as necessary and suitable to the circumstances of the Territorv of Michigan. Oath. SEC. 9. And be it enacted, That every justice shall, before he execute his office, take and subscribe the following oaths of office: "I (here repeating and inserting the name of the person) do solemnly swear that I will support the constitution of the United States of America. I (here repeating and inserting the name of the person) do solemnly swear that I will take no reward for doing of justice, or any fee or gift of gold, silver, or any other thing, by myself or any other, privately or openly, directly or indirectly, of any person or persons, great or small, for any matter done, or to be done, by virtue of my office, other than such salary, fees, or compensation as are or shall be allowed by law. I will deny no one right, but in all things execute the laws. I will administer justice and execute my office according to law, and without respect to persons. TERRITORIAL LAWS. 101 I will do equal right to all, and all manner of people, great and 1810I small, high and low, ignorant and learned, rich and poor. I will not maintain any quarrel, but endeavor with mercy and justice to quiet the same. I will not spare anlly one, for any gift, fee, or reward, or for any other cause. If any letter or request come to me, contrary to the law, I will do nothing for such letter or request, but will proceed to do the law, any such letter or request notwithstanding. I will faithfully and honestly discharge and perform all the duties incumbent upon me as one of the justices or the district of (repeating and inserting here the name of the district) in the Territory of Michigan, and in all things belonging to mv said office, during my continuance therein, I will, according to the best of my skill and judgment, do full, equal, and effectual justice, without fraud, favor, affection, or the smallest partiality, agreeably to the constitution of the United States of America, the laws of the United States, and the laws of the Territory of Michigan, in defense of the freedom and independence thereof, and for the maintenance of liberty and the distribution of justice among the good citizens, inhabitants, and people of the said United States of America, and Territory of Michigan; the same being adopted from the laws of two of the original States, to wit: The States of New York and Virginia, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 10. And be it enacted, That justices shall be liable to Liableto indictbe indicted, tried, and punished, in the supreme court of the Ter- ment, etc. ritory of Michigan; the same being adopted from the laws of one of the original States, to wit: The State of Maryland, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 11. And be it enacted, That there shall be allowed to every Fees allowed. justice the following compensation for his services, to be paid by the parties requiring the services respectively, on the same being rendered: that is to say, for issuing original process, twenty-five cents; for making an entry relating to the case, six and one-quarter cents; for a summons for a witness, or witnesses, including in one summons all witnesses applied for at one time, six and onequarter cents; for a judgment, twenty-five cents; for an execution or any other process, twelve and one-half cents; for filing any paper, six and one-fourth cents; for swearing a witness, or administering any other oath, not of a public nature, six and onefourth cents; for writing or recording any matter distinct from entries in suits, or for a copy, transcript, or exemplification of any matter, or for a certificate of any matter, for every one hundred words, six and one-fourth cents; for a marriage, one dollar; the same being adopted from the laws of three of the original States, to wit: The States of Maryland, Massachusetts, and Pennsylvania, as far as necessary and suitable to the circumstances of the Territory of Michigan. SEC. 12. And be it enacted, That all suits or matters, and all Limitation of recognizances, rights, remedies, and privileges in such suits and suits, etc. matters depending before the courts of districts, and not brought 102 TERRITORIAL LAWS. 8Is10 ) to a termination on or before the seventeenth day of September, one thousand eight hundred and ten, where the matter does not exceed one hundred dollars, shall be brought to a termination by such justice, as the plaintiff shall bring the record thereof before, with the costs of the said court; and where the matter exceeds one hundred dollars, before the supreme court, in like manner, in which cases the court or justice shall notify the opposite party, their counselor or agent, if within the Territory; and the court and justice respectively, shall have the same power to bring such matters to a termination, as the district court would originally have had, and all rights and remedies which the parties had before the district courts in any actions transferred, shall be the same as they would have been had they been finally determined in the district courts, and process returnable shall be returned to the supreme court at the first term after the passing of this law, and before a justice, within sixty days from the passing of this law, and the Jurisdiction of original jurisdiction of the supreme court shall extend to all matSupreme Court. ters above the value of one hundred dollars, and to the probate of Settlement of wills, and the judges of the district courts shall settle, adjust, and etcbl. accountsdetermine all matters of public accounts arising previous to the seventeenth day of September, one thousand eight hundred and ten, at any time thereafter in the same manner as if this act had never been made; the same being adopted from the laws of two of the original States, to wit: The States of Maryland and Ohio, as far as necessary and suitable to the circumstances of the Territory of Michigan. Made, adopted, and published at the city of Detroit, within the Territory of Michigan, this sixteenth day of September, one thousand eight hundred and ten. Attest: WILLIAM HULL, Jos. WATSON, Governor of the Territory of Michiqan. Secretary. AUGUSTUS B. WOODWARD, One of the Judges of the Territory of Michigan. JOHN GRIFFIN, One of the Judges of the Territory of Michiqan. No. 81. September22. AN ACT concerning forcible entry and detainer.* Entry in lands, Be it enacted by the Governor and Judges of the Territory of byforce, forbid- Michigan, That no person or persons shall hereafter make any entry into any lands, tenements, or other possessions, but in cases where entry is given by law, and in such case, not with strong hand, nor with multitude of people, but only in a peaceable and easy manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine. Two justices SEC. 2. And be it enacted, That two justices of the peace shall and a juryto have authority to enquire by a jury, as hereinafter directed, as try suchntries, well against those who make unlawful and forcible entry into * Digest of, Cass' Code, p. 149, vol. 1, Territorial Laws, dated October 22, which is error. TERRITORIAL LAWS. 103 lands, tenements, or other possessions, and with strong hand detain 1810. the same as against those who, having lawful and peaceable entry into lands and tenements, unlawfully and by force hold' the same, and if it be found, upon such inquiry, that an unlawful and forcible entry hath been made, and that the same lands, tenements, or other possessions are held and detained by force and strong hand, or that the same, after a lawful entry, are held unlawfully, and with force and strong hand, then such justices shall cause the party complaining to have restitution thereof. SEC. 3. And be it enacted, That when any complaint shall be Issue of warformally made, in writing, to any two justices of the peace, of any such unlawful or forcible entry or detainer, they shall issue a warrant, directed to the marshal of the same district, commanding him to apprehend the person against whom such complaint shall be made, and to bring him or her before the said justices, at a day in such warrant named, which shall not be less than six days from the time of issuing the said warrant, and at the place therein mentioned, and they shall also issue a precept to the said marshal, venire. commanding him to cause to come before them twelve discreet citizens, of lawful age, of the vicinity, at a certain time and place in such precept to be mentioned, and at the siaid time and place appointed for trial or hearing the said complaint, and if a sufficient number of persons summoned by the marshal, do not attend, the said justices may order the marshal to complete the number by returning others forthwith, and the jury impaneled shall be sworn well and truly to try the forcible entry or detainer complained of, and to return a true verdict thereof, and if the jury, after a full hearing, find the person against whom the complaint is made guilty, of the forcible entry or detainer complained of, they shall all sign their verdict, and the said justices shall enter verdict. up judgment for the complainant to have restitution of the prenmises, and shall impose such fine, not exceeding ten dollars, considering all the circumstances, as they may think just, and shall tax cost for the complainant, and may commit the person against whom judgment is so made, until the fine be paid, and the said Judgment. justices shall also award their writ of restitution; but if the jury find that the person complained against is not guilty, the complaint, in their opinion, not being supported, the said justices shall tax costs against the complainant, and issue execution accordingly. SEC. 4. And be it enactei,A That if the marshal cannot find serviceof warrant. the party against whom the warrant issued, he may, six days before the time appointed for returning the same, leave a true and attested copy of said warrant at the usual place of abode of such person, and if, at the return of the warrant, he shall not be able to find or apprehend the person against whom such warrant issued, he shall make a return of such facts, and that he hath so left a copy as aforesaid, and when the same was done, and if the party doth not appear at the time appointed for hearing said com- May adjourn or plaint, the said justices may, in their discretion, adjourn or proceed exparte, except that in this case they shall not inflict any 104 TERRITORIAL LAWS. 1 810. fine upon him, and in all cases they may, in their writ of restituCosts. tion, order the costs taxed to be levied, but in every such case, if the jury do not find for the complainant, there shall be no costs taxed for the party complained against, he not having appeared at the empaneling of the jury. Treble damages. SEC. 5. And be it enacted, That the complainant of any forcible entry and detainer as aforesaid, who shall recover against the person complained of as aforesaid, shall have right to recover treble damages, with costs of suit, by an action of trespass against the offender or offenders, to be brought for that purpose: ProProviso, quiet vided, always, That nothing in the foregoing part of this act shall possession for three years. be construed to extend to any person or persons who have had the quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possession for the space of three whole years next before the entering of such complaint, anything in this act to the contrary notwithstanding. Lessee refusing SEC. 6. And be it enacted, That when any person shall willto quit, etc. fully, and with force hold over any lands, tenements, or other possessions, after the determination of the time for which they are demised or let to him, or to the person under whom he claims, or where any person wrongfully and without force, by disseisin shall obtain and continue in possession of any lands, tenements, or other possession, and after demand made'-i writing for the delivery of the possession thereof, by the person having the legal right of such possession, his agent or attorney, shall refuse or neglect to quit such possession, upon complaint thereof in writing, to two justices of the peace, the said justices shall proceed to hear, try, and determine the same in like manner as in cases of forcible entry and detainer, and issue a writ of execution accordingly: Proviso. Provided, always, That in such case the original process shall be a summons, and the justices shall have no power to assess a fine on the party complained of. Quiet possession SEC. 7. Provided always, and it is hereby further enacted, That for three years not affected. the preceding section shall not extend to any person who has or shall have continued in possession three years after the determination of the time for which the premises were demised or let to him, or those under whom he claims, or to any person who continues in possession three years, quietly and peaceably by disseisin, anything herein contained to the contrary notwithstanding. Treble damages. SEC. 8. And be it enacted, That the complainant shall have right to action of trespass against the person complained of, and who on trial shall be found guilty, to recover treble damages from the time of notice given to quit the premises, and till that time damages only. May appeal to SEC. 9. And be it enacted, That if either party in a prosecuSupremeCourt. tion on this act shall think him or herself aggrieved with the determination of the justices aforesaid, he or she shall have liberty to appeal to the next supreme court. Neglecltto enter SEC. 10. And be it enacted, That when it shall so happen that the appellant in any action brought on this statute shall fail to bring forward his appeal and enter the same in the court to TERRITORIAL LAWS. 105 which said appeal is allowed, the appellee shall have liberty to 1 s10. obtain, on producing the copies, an affirmation of the judgment Affirmation of rendered by the justices. judgment. SEC. 11. And be it enacted, That the following forms, as near as circumstances will admit, shall be adopted and used in proceedings under this statute, viz.: WARRANT. Form of warrant. TERRITORY OF MICHIGAN, t DISTRICT OFr —----— _. To the Marshal of the District of --—: —----- Whereas, - of, hath exhibited unto - - - - -—, and, justices of the peace within and for the district of, a complaint against-, of -, for that the said, on the ---— day of, —------- at-, with force and arms, and with a strong hand (here insert the substance of the complaint with legal certainty) therefore: In the name of the Territory of Michigan, you are hereby commanded to apprehend the said - - if he be found in your precinct, and him have to appear before us at, on the ----— day of.-, at- o'clock in the ---— noon, then and there to make answer to, and defend against the complaint aforesaid, and further to be dealt with according to law, but if the said is not to be found within your precinct, you are hereby required to leave a true and attested copy of this warrant at the usual place of abode of the said ---- ------—, six days at least, before the said day of, and make return of this warrant, with your doings therein, unto us at --------— aforesaid, on the ---— d ay of Dated at, this. -...day. Justices. PRECEPT FOR JURORS, Precept. TERRITORY OF MICHIGAN, SS. DISTRICT OF To the Marshal of the District of —--------: GREETING: In the name of the Territory of Michigan, you are hereby commanded to cause to come before us on the....-day of at ---— o'clock in the ----- noon, at -----, twelve men to be summoned in the same manner as petit jurors to serve before the supreme court, to try the truth of a complaint exhibited to us, and, justices of the peace in and for said district of —, —--- by, of, against, of-, for a forcible entry (or detainer, as the case may be), and make return of this writ, with your doings thereon, unto us at ---—., on the ---— day of —------ aforesaid....- -—. Dated at -, the-... day of —-- 14. Justices. 106 TERRITORIAL LAWS. 1810. VERDICT. Verdict. At a court of inquiry held at -on the ----- day of.. - ---—, in the year of our Lord -, before-, and, justices of the peace in and for the district of -...., of -------, complainant, against -----, respondent, the jury find that the facts alleged in the said --— complaint, are true; that the said' is guilty thereof, and that said - - - - —.. — ought to have restitution of the premises therein described, without delay (or in case the jury do not find the allegations of the complaint proved, then the jury find that the said facts alleged in the said- complaint, are not proven, and that the said.-is not guilty. -F —-----------— Foreman. - -----------------. Jurors. -J-I I Writ of resti. WRIT OF RESTITUTION. tution. TERRITORY OF MICHIGAN, l SS. DISTRICT OF To the Marshal of the District of ----------—:-GREETING: Whereas,, of, at a court of inquiry of forcible entry and detainer, holden at, in the district of -------—, on the —.. — day of, in the year of our Lord.-, before-, and, justices of the peace in and for the district of, by the consideration of the said court, recovered judgment against ----, of...- -, to have restitution of (here describe the premises as in the complaint) therefore: In the name of the Territory of Michigan, you are hereby commanded that, taking with you the force of the district, if necessary, you cause the said - -- to be immediately removed from the premises, and the said —--- - -. - to have peaceable restitution of the same; you are also hereby commanded that of the goods, chattels, or lands of the said.... ------—, within your precinct, you cause to be levied, and the same being disposed of according to law, to be paid and satisfied the sum of, being the cost taxed against the said..... - --—. for the said, at the court aforesaid, together with ---- cents for this writ, and thereof (here follow as in common executions). Justices. The same being adopted from the laws of three of the original States, to wit: The States of New York, Vermont, and Massachusetts, as far as necessary and suitable to the circumstances of the Territory of Michigan. TERRITORIAL LAWS. 107 Adopted and published at the city of Detroit, within the Terri- 1810. tory of Michigan, this twenty-second day of October, one thousand eight hundred and ten. Attest: WILLIAM HULL, JOS. WATSON, Governor of the Territory of Michigan. Secretary. JOHN GRIFFIN, One of the Judges of the Territory of Michigan. JAMES WITHERELL. 1811. AN ACT to amend an act entitled "An act concerning the No. 82. supreme court of the Territory of Michigan.' January 14. * Printed in full p. 80, vol. 2, Territorial Laws. ACTS PASSED AT THE SPECIAL SESSION OF THE SIXTH LEGISLATIVE COUNCIL OF THE TERRITORY OF MICHIGAN, BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF DETROIT, ON Monday, 17th August, 1835. BY AUTHORITY. LANSING: W. S. GEORGE & CO.,, STATE PRINTERS AND BINDERS. 1884. LAWS OF MICHIGAN. 1835. AN ACT to authorize the sale of certain lands. SECTION 1. Be it enacted by the Legislative Council of the Ter- Authority to ritory of Michgan, That Moses Robert, of the county of Monroe, sell. a minor, under the age of twenty-one years, be, and he is hereby authorized and empowered to make sale of all his right, title, interest, and claim of, in, and to the following described parcel of land, lying and being in the township of Monroe, in the county of Monroe aforesaid, bounded and described as follows, viz.: "Begin- Description of wing at a post standing on the south border of the River Raisin, land between this tract and a tract claimed by Meldrum and Park; thence south, twenty-nine degrees west, thirty-nine chains seventynine links, to a post standing on the north border of a bay formed by Navarre's Mill Creek; thence along the border of said bay, up stream, north, seventy-five degrees west, seventy-one chains twentyfive links, to a post standing on the east line of a tract confirmed to Baptiste Reaume; thence on said line north, twentynine degrees east, sixty-nine chains, to a post standing on the border of the River Raisin; thence along the border of said river, down stream, south fifty-eight degrees east, twenty-two chains seventy-five links; thence south, eighty-one degrees east, twentyone chains seventy-five links; thence south, fifty-seven degrees east, nine chains seventy-five links; thence south twenty-two degrees east, twenty-one chains sixty-two links, to the place of beginning;" and to make such deed or deeds as may be necessary To make deed. for a complete conveyance of all his right and title to the above described premises: Provided, That Antoine Robert, executor of Guardianshall the last will and testament of Francis Robert, deceased, and guar- consent dian of said minor, shall consent to the said sale, and shall endorse his consent on such deed or deeds; which deed or deeds so executed and endorsed, shall be good and valid deed or deeds in law, to convey all the right and title of said minor in the said lands, to the purchaser, his heirs and assigns forever. SEC. 2. That Mary Levoix, for herself and children, Lambert MaryLavoixfor Levoix, Paul Levoix, David Levoix, Fabien Levoix, and Francois herself and chilLevoix, minors under the age of twenty-one years, be, and they tosellland. are hereby authorized and empowered to make sale of all their right, title, interest, and claim of, in, and to the following described parcel of land, lying and being in the township of Port Lawrence, in the county of Monroe, bounded and described as follows, viz.: Being the fraction of section number twenty, of 112 TERRITORIAL LAWS. 18 35. township number nine south, in range number eight east, in the district of Detroit, Michigan Territory, containing seventy-seven acres and sixty eight-hundredths of an acre; and to make such deed or deeds as may be necessary for a complete conveyance of all their right and title to the above described premises; which To make valid deed or deeds, so executed, shall be good and valid deed or deeds deed. in law, to convey all the right and title of the said Mary Lavoix and children in the said lands, to the purchaser or purchasers, their heirs and assigns forever. Approved August 20, 1835. AN ACT to incorporate the River Raisin and Grand River railroad company, and for other purposes. Commissioners SEC. 1. Be it enacted by the Legislative Council of the Terriappuinted. tory of Michigan, That S. Blanchard, S. Fargo, J. J. Godfrey, O. Wilder, Edward D. Ellis, Edwin Smith, Reynolds Gillet, Isaac E. Crary, and Geo. Ketchum, be, and they are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the River Raisin and Grand River railroad company, hereby incorporated, and they Books to be may cause books to be opened, at such times and places as they opened and sub- shall direct for the purpose of receiving subscriptions to the capireceivetd tal stock of said company, first giving reasonable notice of the Notice to be given. times and places of taking such subscriptions. Capital stock, SEC. 2. The capital stock of said River Raisin and Grand River shares 50 each. railroad company, shall be one and a half million of dollars, in shares of fifty dollars each; and that as soon as one thousand shares of said stock shall be subscribed, the subscribers of said Created a body stock, with such other persons as shall associate with them for politic and corporate. that purpose, their successors and assigns shall be, and they are hereby created a body corporate and politic, by the name and style of the "River Raisin and Grand River Railroad Company," with Mayholdand perpetual succession, and by that name shall be capable in law of sell property, purchasing, selling, leasing, and conveying estate, either real or personal, or mixed, as far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their corMaysueandbe porate name may sue and be sued, may have a common seal, sued, and have corporateseal. which they may alter and renew at pleasure, and shall have, enjoy, and may exercise all the powers, rights, and privileges which appertain to corporate bodies, for the purpose mentioned in this act. Powerto con. SEC. 3. Said corporation hereby created shall have power to struct and use railroad. construct a single or double railroad, commencing at the head of ship navigation, on the River Raisin; and said corporation are hereby required to make or construct a single or double track in each bank of said river at the starting point, and to unite the same at any point above the limits of the village of Monroe, to the rapids of Grand River, or to such point below on said river as said corporation shall see fit, passing through the villages of Tecunmseh, TERRITORIAL LAWS. 113 Clinton and Marshall, on or near the route recently surveyed from s183 5 Monroe to Marshall by Lieut. J. M. Berrien, with power to transport, take, and carry property or persons upon the same, by the power and force of steam, of animals, or of any mechanical or other power, or of any combination of them. SEC. 4. If said corporation shall not, within two years from the When certain passage of this act, commence the construction of said railroad, parts and the whole of said and shall not, within six years from the passage of this act, con- road tobe Anstruct, finish, and put in operation thirty miles in distance of said ished. railroad, and shall not, within fifteen years from the passage of this act, construct, finish, complete, and put in operation, onehalf of the said railroad, and shall not, within thirty years from the passage of this act, complete and put in operation, the whole of said railroad, or in the event of a failure of the company to construct the parts of the said railroad within either of the times above mentioned, then the rights, privileges, and powers of the said corporation, under this act, shall be null and void; as to said Whentobe parts of the said road which are not finished within the times lirn- void. ited by this act, and to them only, the said company shall make Company to return to the governor, to be laid before the legislature annually, makereturns to the governor, by the president, and on the oath of the president or treasurers, etc. with the statement of the receipts and expenditures upon the said railroad, together with the costs thereof; and if at any time on If dividend such return, the amount divided from the part of said railroad xcent.4er completed, over and above all repairs, shall exceed fourteen per cent on the capital stock paid in, and equal interest from the time of payment, then it shall be the duty of said company to complete the next adjoining section within five years after making such return, or, on failure thereof, to pay all surplus moneys arising from the road so completed, over and above the fourteen per cent, into the treasury of the Territory. SEC. 5. Whenever one thousand shares of the aforesaid stock Whennine shall have been subscribed, if within two years after the passage chosen. of this act, the commissioners shall call a general meeting of the subscribers, to such time and place as they may appoint, by giving sixty days' public notice of such meeting; and at such meeting the commissioners shall lay the subscription books before the subscribers then and there present, arnd thereupon the subscribers or stockholders, or a majority of them, shall elect nine directors by ballot, a majority of whom shall be competent to manage the affairs of said company; they shall have the power of electing a Electionof president of said company, either from amongst the directors, or president. the stockholders; and in said election, and on every occasion wherein a vote of the stockholders is to be taken, every share shall entitle the holder thereof to one vote, and every stockholder may vote himself or by proxy. SEC. 6. To continue the succession of the president and direct- When president ors of said company, nine directors shall be chosen annually, on band director to the first Mondav of October, at such place as may be appointed by the directors; and if any vacancy shall occur by death, resignation, or otherwise, of any president or director, before the year 15 114 TERRITORIAL LAWS. 18 3 5. for which he was elected shall have expired, a person to fill such vacant place for the residue of the year, may be appointed by the directors of said company or a majority of them. The directors of said company shall hold and exercise their offices until a new If elections be election of president and directors. All elections which are by dayappointed. this act, or by the by-laws of the company, to be made on any particular day, if not made on such day, may be made at any time within thirty days thereafter. Meetings to be SEC. 7. A general meeting of the stockholders of said company, heldannually. shall be held annually at the time and place appointed for the appointment of president and directors; and a meeting may be Of extra meet- called at any time during the interval between said annual meetings. ings, by the president and directors, or by the stockholders owning not less than one-fourth of the whole stock, by giving thirty days' public notice of the time and place of meeting; and when any such meetings are called, by the stockholders, the notice shall specify the particular object of the call; and if at any meetings When meeting thus called, a majority, in value, of the stockholders are not present in person, or by proxy, such meeting shall be adjourned from day to day not exceeding three days, without transacting any business; and if within said three days, stockholders having a majority of the stock do not attend such meeting, then the same shall be dissolved. When president SEC. 8. At the regular annual meetings of the stockholders of and directors to said company, it shall be the duty of the president antd directors account. in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company and at any called meeting of the stockholders, a majority of those present in person or by proxy, may require similar statements from the president and directors, whose duty it shall be to furnish them when thus When president required; and at all general meetings of the stockholders, a nadberemoedrs majority in value of all the stockholders in said company, may remove from office any president or any of the directors of said company, and may appoint others in their stead. Oath of presi- SEC. 9. Any president or director of said company, before he dent and direct- acts as such shall swear or affirm that he will well and truly discharge the duties of his office to the best of his skill and judgment. Mayappointand SEC. 10. The president and directors, or a majority of them, remove officers, shall have power to appoint, contract with, and determine the compensation of all such officers, engineers, agents, or servants whatsoever, as they may deem necessary for the transaction of the business of the company and remove them at pleasure: and Power to settle the said president and directors, or a majority of them, shall have accounts, make power to determine the manner of adjusting and settling all accounts against the company; also the manner and evidence of transfers of stock in said company, and they shall have power to pass all by-laws which they may deem necessary for carrying into execution all the powers vested in the company hereby incorporProviso. ated: Provided, such by-laws shall not be contrary to the laws of this territory, or of the constitution or laws of the United States. TERRITORIAL LAWS. 115 SEC. 11. The president and directors of said company shall be, 18 35. and they are hereby invested with all the privileges, rights and Powerto con.powers necessary for the location, construction and keeping inl starctnd rae-d repair said railroad not exceeding one hundred feet in width; and the said president and directors, or their agents, or those with Power to con. whbm they may contract for making said road, or any part of it, tract for, use, or may enter upon, use, and excavate any land which may be wanted land, etc. for the site of said railroad, or any other purpose which is necessary in the construction or repair of said road, or its works, so soon as the amount is ascertained, and tendered as hereinafter provided. SEC. 12. The president and directors of said company may May agree for agree with the owner or owners of any land, earth, timber, gravel, smaied road. stone, or other materials, or any articles whatsoever, which may be wanted in the construction or repair of said road, or any of its works, for the purchase or occupation of the sanle; and if such materials (not previously taken or appropriated by the owner to any particular use) as may be necessary for the construction or repair of said railroad, be found on any unimproved land adjoining to or near the same, and if the parties cannot agree, or if the If partiescannot agree jury to be owner or owners of any of them be afemme covert, under age, non summoned. compos mentis, or out of the county in which the property wanted may lie, application may be made to any of the justices of the peace of such county, who shall thereupon issue his warrant under his hand and seal directed to the sheriff of said county, or if the sheriff be interested, to some disinterested person, requiring him to summon a jury of twelve freeholders in the county, not in any way interested in the matter, or related to the parties, to meet on or near the property or materials to be valued, on a day named in said warrant, not less than five or more than ten days after issuing the same; and if, at the same time and place, any of the persons summoned do not attend, the said sheriff, or summoner, shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from them each party, or his, or her, or their agent or attorney, or if either be not present in person or by agent, the sheriff, or summoner for him, her, or them, may strike off three jurors, and the remaining shall sit as a jury of inquest of damages; and before they act as such, the sheriff, or summoner shall Jury to assess administer to each of them an oath or affirmation, that they will damages. justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the land, materials, or property required by said company; and the said jury shall reduce Inquisition to their inquisition to writing, and shall sign and seal the same, and be reduced to it shall then be sent to the clerk of the circuit court of said county, Sent to circuit and by said clerk filed in his office, and shall be confirmed by said court. court at its next session, if no sufficient cause to the contrary be shown, and when confirmed the same shall be recorded by said clerk, at the expense of said company; but if set aside, said court may direct another inquisition to be taken in manner above prescribed; said inquisition shall describe the property taken, or the 116 TERRITORIAL LAWS. I 835. bounds of the land condemned. Such valuation, when paid or Valuation ten- tendered to the owner or owners of said property, his, her, or their dered, property legal representatives, shall entitle said company to the estate, and to vest in the company. interest in the same thus valued, as fully as if it had been conveyed by the owner or owners of the same, for such term of time as said company shall occupy the same as a railroad; and if valuation be not received, when tendered, it inay, at any time thereafter, be received from the company, without cost; and the sheriff, summoner, and jurors, shall be allowed the ordinary fees for like services, to be taxed by the court. When company SEC. 13. Whenever in the construction of said railroad, it shall to make wagon be necessary to cross or intersect anlly established road, it shall be ways, etc. the duty of said president and directors so to construct said railroad across such established road as not to im)pede the passage or transportation of persons or property along the same, or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individual, proper wagon ways across said road, from one part of his land to another. Neglect tomake SEC. 14. If said company shall neglect to provide proper wagon wagon ways,dam- ways across said road, as required by the preceding section of this ages. act, it shall be lawful for any individual to sue said company, and shall be entitled to such damages as a jury may think him or her entitled to, for such neglect or refusal on the part of said company. MIay contract SEC. 15. If it shall be necessary for the said railroad company, for the use of in the selection of the route, or the construction of the said road, to be by them laid out and constructed, or any part of it, to connect the same with any turnpike, road, or bridge, made or erected by any incorporated comnpany, or authorized by any law of this Territory, it shall, and may be lawful for said president and directors to contract with any other corporation for the right to such road or bridge, or for transfer of any of the corporate or other rights and privileges of such corporation, to the said company Other corpora- hereby incorporated; and every such other incorporation, acting tions may con- under the laws of this Territory, is hereby authorized to make such contract, or transfer, by and through the agency of the person authorized by the respective acts of incorporation, to exercise their corporate powers, or by any persons who are by any law of this Territory entrusted with the management and direction of such turnpike, road, or bridge, or any of the rights or privileges Such contract aforesaid. Every contract or transfer, made in pursuance of the to be valid. power and authority hereby granted, when executed by the several parties, under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the right to use and enjoy the salne. as fully as they are now used by the said corporations in which they are now vested. Power to pur- SEC. 16. The said president and directors shall have power to chase machines, purchase with the funds of the company, and place on any railetc. road constructed by them under this act, all machines, wagons, carriages, or vehicles of any description which they may deem necessary or proper for the purpose of transportation on said road; TERRITORIAL LAWS. 117 and that they shall have power to charge for tolls and transporta- 1835. tion, such sums as shall be established by the by-laws of the com- Power to transpany hereby incorporated, and it shall not be lawful for any other port property, etc., and charge company, or any person or persons to transport any passengers or tolls. property, of any description whatever, along said road, or any part of it, without license or permission of the' said president and directors of said company; and the said road, with all their Propertyvested improvements, works, and profits, and all machinery used on said in the company. road for transportation, are hereby vested in said company incorporated by this act, and their successors forever; and the shares Shares considof the capital stock of said company shall be considered personal property and property, and shall be transferable agreeably to the by-laws of liable for debts. said company, and subject to be taken on execution agreeably to such laws as are or may thereafter be in force. SEC. 17. The said president and directors shall annually, or Of dividends. semi-annually, declare and make such dividend as they may deem proper, of the net profits from the resources of said company, deducting the necessary current expenses; and they shall make the dividend among the stockholders of said company, in proper proportions to their respective shares. SEC. 18. If any person or persons shall willfully and knowingly Persons injurand maliciously, by any means whatever, injure, impair, or liagble for damdestroy any part of the railroad constructed by said company, ages and punishment. under this act, or any of the necessary works, buildings, or machinery of said company, such person or persons so offending, shall each of them, for every such offense, forfeit and pay to the said company, a sum not exceeding three times the amount of damages caused by such offense, which may be recovered in the name of said company, by an action of debt in any court having competent jurisdiction in the county wherein the offense shall be committed, and shall also be subject to an indictment; and upon conviction of such offense, shall be punished by fine and imprisonment, at the discretion of the court. SEc. 19. The right and privilege are hereby reserved to the Right reserved Territory or State, to,connect with the road hereby provided for, to connect any any other railroads, leading from the main route to any part or with this road. parts of the Territory: Provided, That in forming such connection, no injury shall be done to the works of the company hereby incorporated: Provided, further, That the said company, or corn- Proviso. panies so connecting, may have the free use of said road by paying such a tariff of tolls as may be established by the legislature, and this shall be entitled to the same rights and privileges of any and all roads hereafter connected. SEC. 20. The Territory or State shall have the right, at any Rightof Territime after the expiration of twenty years from the completion of tory oraSta teto purchase said said railroad, to purchase and hold the same for the use of the road. Territory or State, at a price not exceeding the original cost of said road, and fourteen per cent thereon, of which cost an accu- Account tobe rate account shall be kept and submitted to the legislature dulykeptofcost. attested by the officers of said company, whenever, and as often as said legislature shall require the same. 118 TERRITORIAL LAWS. 18 3 5. SiEC. 21. The stockholders of the River Raisin and Grand River Authority to railroad company, be, and they are hereby authorized to establish establishabank. a bank at the village of Tecumseh, the capital stock whereof shall, Capital stock to for the present, be one hundred thousand dollars, to be divided be$100,000. into two thousand shares, each being fifty dollars; and the subOf subscription scriptions towards constituting said stock, shall be open at such to capital stock. times and places, under the superintendence of the president and directors of said company as they may designate, giving at least three weeks' public notice thereof, in one or more newspapers published in said Territory or State, and the subscription aforesaid shall continue open until the whole number of shares are subscribed, and if the subscriptions to said capital stock shall, within six days after the same are opened, exceed the amount authorized by this section, it shall be the duty of the directors to deduct such excess, in a proportional manner, from the largest number of shares subscribed, in such a manner that each person subscribing shall be entitled to at least five shares, if he subscribe so many. When and how SEC. 22. One tenth part of the amount of each share shall be stallments to paid to the said president and directors, in specie, at the time of subscribing, and the balance shall be paid in such installments, and at such time as the directors for the time being may require; ProNotice tobe vided, That whenever the payment of any installment is required given, etc. by the directors, they shall give at least sixty days' notice thereof, in a newspaper printed in this Territory or State, but no one installment shall exceed five dollars on a share: Provided, further, That no note or evidence of debt shall be discounted, or received by the directors, in payment of any installment called in or required to be paid, with intent of providing the means of furnishing such payment, or with intent of enabling any stockholder to withdraw any part of the money paid in by him on his stock. Stockholders SEC. 23. All persons who shall become stockholders of said to be a body bank, shall be, and they are hereby constituted, ordained, and corporate and politic. declared to be a body corporate and politic, in fact and in name, by the name of "the president, directors, and company of the bank of Tecumseh;" that by that name they and their successors shall, and may have continual succession, and shall be persons Their privileges in law capable of suing and being sued, pleading and being porate.d r- impleaded, answering and being answered, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters, and causes whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and they and their successors by the name of "the president, directors, and company of the bank of Tecumseh," shall be in law capable of purchasing, holding, and conveying any estate, real or personal, for the use of said corporation. Who shallbe SEC. 24. The stock, property, affairs, and concerns of the said managers. bank shall be managed by the president and directors of said railroad company. SEc. 25. The directors for the time being, or a majority of them, TERRITORIAL LAWS. 119 shall have power to make and prescribe such by-laws, rules, and rcg- 18 3 5. ulations, as to them shall appear needful and proper, touching the Powers of the arrangement and disposition of the stock, property, estate, and directors to make by-laws, effects of said corporation, the duties and conduct of the officers, etc. clerks, and servants employed therein, and all such other matters as appertain to the business of a bank; and shall also have power to appoint so many officers, clerks, and servants, for carrying on said business, and with such salaries and allowances as to them shall seem meet: Provided, That such by-laws, rules, and regu- Proviso. lations be not repugnant to the constitution or laws of the United States, or to the laws of this Territory or State; and it shall be Whentorender the duty of the president and cashier, whenever thereto required, aiatsemetc. of to furnish to the legislature, or governor, a statement, under oath or affirmation, of the condition of the bank, stating the amount of deposits, the profits on hand, the amount of bills in circulation, the amount of debts due fromn the directors, the amount due from the stockholders, the amount of debts due from all other persons, or corporations, not, however, naming them; the amount of specie in bank, the amount of all bills of other banks, the amount of their deposits in other banks, the amount of their real estate, and all their other property not herein specified, and shall contain a true exhibit of the state of said bank. SEC. 26. This Territory or State shall have a right to subscribe Territory or State may subany number of shares in said bank, not exceeding in the whole, scribe for the number of five hundred at any time, when by law they shall shares. authorize any person or persons for that purpose, and the Territory or State shall have a right to increase the number of shares and stock which the said corporation may hold, to the amount of the sum to be subscribed. SEC. 27. The amount of debts, which the said corporation shall The debts of at any time owe, whether by bond, bill, note, or other contract, not exceed over and above the specie then actually deposited in the bank, three times the amount of stock shall not exceed three times the amount of capital stock sub- paid in. scribed and actually paid into said bank; and in case of such Whendirectors liable. excess, the directors under whose administration it shall happen, shall be liable for the same in their separate and private capacities; but this shall not be construed to exempt the said corporation on any estate real or personal, which they may hold as a body corporate, from being also liable for, and chargeable with such excess; but such of the directors as hlave been absent when the said excess was contracted, or may have dissented from the resolution or act, whereby the same was contracted, shall not be so liable. No Whenloans loan or discount shall be made to the directors of such corpora- mhade oto direct tion, or upon paper which such directors, or any of them, shall be ors. responsible, to any amount exceeding the capital stock actually paid in and possessed by the corporation. SEC. 28. The lands, tenements, and hereditaments which it shall When and how be lawful for the said corporation to purchase and hold, shall be hold land, etc. only such as shall be required for its accommodation in relation to the convenient transaction of its business, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to 120 TERRITORIAL LAWS. 8 3 5* it in satisfaction of debts, previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts: And further, The said corNot to trade in poration shall not, directly nor indirectly, deal or trade in buygoods, etc". ing or selling any'goods, wares, or merchandise, or commodities tain cases whatsoever, unless in selling the same when truly pledged by way of security for debts due the said corporation, or purchasing the same at sale on judgments, which shall have been obtained for any debts previously contracted in the course of its dealings, and afterwards selling the same. Bills under seal SEC. 29. The bills obligatory and of credit, under the seal of to be assignable the said corporation, which shall be made to any person or perby endorsement. sons, shall be assignable by endorsement thereupon, under the hand or hands of such person or persons, his, her, or their assignee or assignees respectively, and to enable such assignee or assignees to bring and maintain an action thereupon, in his, her, Of billornotes or their own name or names; and bills or notes which may be not under seal. issued by order of said corporation, promising the payment to any person or persons, his, her, or their order, or to bearer, though not under the seal of the said corporation, shall be binding and obligatory upon the same in like manner, and with like force and effect as upon any private person or persons, if issued by him, her, or them, in his, her, or their private or natural capacities, and shall be assignable and negotiable in like manner as if they were so issued by such private person or persons; and if such bills obliIf billsornotes gatory and of credit, and such bills and notes issued as aforesaid, are not paid on demand, cor- are not paid when the same are due and demanded at the bankporation to be ing house of the said bank, and within usual banking hours, in legal money of the United States, the said corporation shall be dissolved, subject to the benefits ana provisions of the act relative to banking institutions, approved April twenty-third, one thousand eight hundred and thirty-three. Dividends to SEC. 30. The directors shall make half yearly dividends, combearmadehalf mencing in six months after the said bank shall have gone into operation, of so much of the profits of the said bank as to them, or a majority of them, shall seem advisable; and the directors When they may shall also, after ten thousand dollars shall have been paid in, procommence operation., pe vide a convenient place for the transaction of the business of said bank, and commence operations; and every cashier and clerk, Cashier and before they enter upon the duties of their offices, shall give bond, bclerk togive with two or more securities, to the satisfaction of the directors, conditioned for the faithful discharge of their duties: Provided, Proviso. That no dividend shall be paid, except from the surplus profits arising from the business of the corporation, and it shall not be lawful to divide, withdraw, or in any way reduce the capital stock, or any part thereof, without the consent of the legislature. Compensation SEC. 31. No president, or other officer, shall be entitled to any of officers. emoluments for their services, unless the same shall have been Four directors allowed by the stockholders at a general meeting. Four directto constitute a board. ors shall constitute a board for the transaction of business, of whom the president shall be one, except in case of necessary TERRITORIAL LAWS. 121 absence, when he shall, in writing, appoint one of the directors to 183 5. act as president pro tempore; but for making ordinary discounts, President pro such a number of directors shall constitute a board as shall be temrn. required by the laws of said corporation. SEC. 32. The stock of said corporation shall be assignable accord- The stock shall be assignable ing to such rules as shall be made in that behalf by the by-laws of when debts due the said corporation, but no assignment or transfer shall be valid ph;ebank are or effectual, until such assignment shall be entered or registered in a book to be kept for that purpose; nor shall any stockholder be capable of assigning or transferring his or her stock in said bank, until all notes, dues, and debts, of whatever nature, due to said corporation from such stockholder, either as drawer or endorser, on any note or bill, or otherwise, shall be first paid and discharged. SEC. 33. The stockholders may at any time augment the capi- Thestockholders may augtal stock of the said bank, at any special meeting called for that mentthecapital purpose, a majority of all the votes being given thereupon, under stock. such regulations, restrictions, and conditions as the said stockholders shall, at such meeting judge proper, to any amount not exceeding five hundred thousand dollars. SEC. 34. The property of every individual member of the said Property vested in said corporacorporation, vested in said corporate funds, shall. be liable in the tion to be liable same manner as other personal property is liable by the laws of for debts. the Territory or State, to the payment and satisfaction of his just debts to any of his bona fide creditors; and when any execution shall issue against the personal property of any such individual member, and the creditor is desirous that the same should be levied upon the property of such debtor, in the said corporate iow it maybe funds, the officer to whom such execution may be directed, shall old.upn and levy the same, by leaving with the cashier of said bank an attested copy of such execution, and a written notice that the said execution is levied upon the property of said debtor in said corporate funds; and such property thus levied upon, shall be sold in the same manner as is, or shall by law, be provided for the sale of personal property taken in execution; and such corporate funds, thus levied upon and sold, shall be transferred to the purchaser by entering in the proper book of such corporation, a copy of the said execution, and a statement of the sale of such property by virtue thereof, which entry the officer serving such execution, shall be permitted to make: Provided, That no property vested in the Provideddebts corporate funds, shall be thus taken and sold, until all debts due d,e the corpoto the said bank by such debtor, either as drawer and endorser of satisfied. any note, or otherwise, shall be fully discharged and paid; and upon any execution being levied on any shares in said bank, it shall be the duty of the cashier of said bank, to expose the proper book of the officer, and to furnish him with a certificate, under his hand in his official capacity, stating the number of shares the debtor holds in the said bank, and the amount of dividends thereon due. SEC. 35. The said corporation shall not take more than six per Rate of interest centumn per annum in advance, on its loans or discounts. on discounts. 16 122 TERRITORIAL LAWS. 1835. SEc. 36. No note shall be issued by said bank less than one No note less dollar. than $1. SEC. 37. This act shall take effect from and after its passage, When to take and so much of this act as confers banking privileges upon the effect. said corporation, shall continue in force for the term of thirty If S10,000 be not years from said time: Provided, however, That unless the sum of years anid in two tell thousand dollars in specie shall be paid in said bank within 10 milmes of said two years front the first Monday of Septernber next, and unless railroad be finished this act to ten miles of the said railroad be made and put in operation within be void, three years thereafter, this act shall become void and of no effect: Before the bank And provided further, That before the bank shall be permitted shall go in operation, the to issue its bills under its charter, the directors of the River Raisin rpainytoadgve and Grand River railroad company shall each give good and sufsecurity. ficient security, to the satisfaction of the treasurer, with the approbation of the auditor of this territory or State, in the sum of ten thousand dollars, to be by him held as collateral security for the redemption of all issues, until ten miles of said railroad shall have been completed. President and SEC. 38. It shall be the duty of the president and directors to diretors toy report annually to the legislature of the Territory or State of report annually to legislature. Michigan, the true state and condition of said railroad, and whenever the net proceeds of said road shall have paid the cost of erecting the same, and all expenses in keeping the same in repair and operation, and fourteen per cent on all moneys so expended When the road as aforesaid, the said road shall become the property of the Terto become the ritory or State, and be subject to the control of the legislature of StateorTerri- the said Territory or State, and shall become a free road, except tory and be a free road. sufficient toll to keep the same in repair, and after such period said bank shall be a separate and distinct institution. Railroadcom- SEC. 39. Before the said bank shall commence operation under pany to convey the provisions of this act, the said River Raisin and Grand River to the bank all its stock. railroad company shall convey by such instrument and form as as shall be approved by the governor of this Territory or State, to said bank, the entire stock of said railroad company, which shall stand as a security for the redemption of all notes and debts of said bank, which may be levied upon and sold for such debts, in the manner provided for in the thirty-fourth section of this act. How this act to SEC. 40. This act is, and the same is hereby declared to be a be contrued public act, and the same shall be construed in all courts and places benignly, and favorably for every beneficial purpose therein mentioned. Approved August 22, 1835. AN ACT to provide for the payment of expenses incurred in sustaining the supremacy of the laws of Michigan in the disputed territory. Five thousand dollars appro- SECTION 1. Be it enacted by the Legislative Couzncil of the Territory priated to carry of Michigan, That the sum of five thousand dollars be, and the same tainlaws of the is hereby appropriated, and placed at the disposal of Stevens T. territory. TERRITORIAL LAWS. 123 Mason, acting governor of the Territory, to be used at his dis- 1835. cretion in carrying into effect the laws of the Territory, which may be drawn by him from the territorial treasury, in the mode and manner now directed by law; and that an account of the disbursements and expenditures of all moneys drawn front the treasury of the Territory, under the preceding provision, shall be kept by him, and furnished to the legislature whenever required. Approved August 24, 1835. AN ACT to authorize a certain loan upon the credit of the Territory of Michigan. SECTION 1. Be it enacted by the Legislative Coquncil of the Ter- Acting Govern. or authorized ritory of Michigan, That Stevens T. Mason, acting governor of toborrow this Territory, be, and he is hereby authorized, if he should deem $310000o. it necessary, to borrow, on the credit of the Territory of Michigan, any sum of money not exceeding three hundred and ten thousand dollars, for any period of time not exceeding one year from the first day of January next, at a rate of interest not exceeding six per cent per annum; and to issue scrip therefor, redeemable as aforesaid. Approved August 24, 1835. AN ACT in addition to an act to amend the several acts now in force, regulating the election of a delegate to the Congress of the United States, and the election of members of the legislative council of this Territory, and for other purposes. SECTION 1. Be it enacted by the Legislative Council of the Terri- When elections tory of Michigan, That the election of a delegate to the Con- tobeheld. gress of the United States, and the election of members of the' the legislative council, to be held on the first Monday of October next, according to the several acts now in force regulating such elections. SEC. 2. That the inhabitants of the township of Milwaukee may When inhabitassemble and hold the said elections at the following places, waukee to hold to wit: —At the house of Solomon Juneau, in the village of Mil- elections. waukee-at See's dwelling house, on the Rapids of Root riverat Knapp's store, at the mouth of Root river-and at Griffin'sdwelling house at forks of Pickerel river, in the county of Milwaukee, and at such places in the county of Demoine as the judges of the county court of said county imay appoint. The said election shall How election be held by three persons, at each place above mentioned, elected and conducted. to perform such service, by a majority of the inhabitants then present at each of said places, between the hours of nine and twelve of the said day, which said persons, so elected, shall proceed to hold said elections according to the mode prescribed by law for holding township elections, and make returns thereof, upon oath, to the justices of the county court of each of said 124 TERRITORIAL LAWS. 1835. counties respectively, who shall canvass the votes given at the several polls within their counties, and declare the names of the persons who shall have been duly elected at such election. Clerks of cer- SEC. 3. That the clerks of the counties of Crawford, Iowa, tain counties to certify the Dubuque, and Demoine, shall each certify, under the seal of numberof votes their respective counties, the number of votes given for every given to the clerk of Brown person in their several counties, to the clerk of the county of county. Brown, who shall make return thereof to the clerk of the supreme court of the said Territory, at Detroit; and all other returns of the said elections shall be made to the clerk of the supreme court, who shall give a certificate, under the seal of the said court, of the whole number of votes given at said elections, in all of the counties of this Territory, for every person voted for thereat. Approved August 24, 1835. AN ACT to incorporate the Macomb and Saginaw railroad company, and for other purposes. Commissioners SECTION 1. Be it enacted by the Legislative Council of the appointed. Territory of Michigan, That Christian Clemens, John S. Axford, Neil Gray, Azariah Prentiss, James Brown, Rodney C. Cooley, and Lansing B. Mesner, be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Macomb and Saginaw railroad company, hereby incorporated, and they may cause books to be opened, at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving reasonable notice of the times and places of taking said subscriptions. Capital stock SEC. 2. That the capital stock of said Macomb and Saginaw $1,o000,00, in railroad company, shall be one million of dollars, in shares of.shares of O. fifty dollars each; and that as soon as one thousand shares of said stock shall be subscribed, the subscribers of said stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be, and they are hereby created a Created a body body corporate and politic, by the name and style of the "Macomb corporate and and Saginaw railroad company," with perpetual succession; and by that name shall be capable in law of purchasing, holding, May hold and selling, leasing, and conveying estate, either real, personal, or sell property. mixed, so far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their corporate names Powers, rights, may sue and be sued, may have a common seal, which they may and privileges alter and renew at pleasure; and shall have, enjoy, and may exercise all the powers, rights, and privileges which appertain to corporate bodies, for the purposes mentioned in this act. Power to con- SEC. 3. Said corporation, hereby created, shall have power to struct and use construct a single or double railroad from Mount Clemens, on the most eligible route, to Lapeer, thence to the seat of justice of the Commissioners county of Saginaw; to be located under the direction of Israel to locate said road. Curtis, Jacob Tucker, and Charles C. Hascall (who are hereby TERRITORIAL LAWS. 125 appointed commissioners for that purpose), with power to trans- 3 5 -. port, take and carry property and persons upon the same, by the Power to trans power and force of steam, of animals, or of any mechanical ort property other power, or of any combination of them. SEC. 4. If said corporation shall not, within four years from the Within what passage of this act, commence the construction of said railroad, time certain and shall not, within eight years from the passage of this act, wholeof said construct, finish, and put in operation, ten miles in distance of finished. said railroad, and shall not, within fifteen years from the passage of this act, construct, finish, and put in operation, one-half of said railroad, and shall not, within forty years from the passage of this act, complete and put in operation the whole of the said railroad, or in the event of a failure of the company to construct the parts of the said railroad, within either of the times above mentioned, then the rights, privileges, and powers of the said corporation, under this act, shall be null and void, as to said parts of the said road which are not finished within the times limited by this act, and to them only; the said company shall To make retnru of the receipts make return to the governor, to be laid before the legislsture andhexpedit annually, by the president and on oath of the president or treas- tures on said road and the urer, with the statement of the receipts and expenditures upon cost thereof. the said railroad, together with the costs thereof; and if at If the amount any time on such return, the amount divided from the part of of ddividend exsaid railroad completed, over and above all repairs, shall exceed the adjoining fourteen per cent on the capital stock paid in, and equal interest completed in from the time of payment, then it shall be the duty of said com- ive years. pany to complete the next adjoining section within five years after making such return, or on failure thereof, to pay all tihe surplus moneys arising from the road so completed, over and above the said fourteen per cent, into the treasury of the Territory. SEC. 5. That whenever one thousand shares of the aforesaid Election of stock shall have been subscribed, if within two years after the directors. passage of this act, the commissioners shall call a general meeting of the subscribers, at such time and place as they may appoint, by giving sixty days' public notice of such meeting, and at such nleeting the commissioners shall lay the subscription book before the subscribers then and there present, and thereupon, the subscribers or stockholders, or a majority of them, shall electnine directors by ballot, a majority of whom shall be competent to manage the affairs of said company; they shall have power of E.lectionof electing a president of said company, either from amongst the president. directors or the stockholders, and in said election, and on every Iow tockoccasion wherein a vote of the stockholders is to be taken, every vote. share shall entitle the holder thereof to one vote, and every stockholder may vote himself or by proxy. SEC. 6. That to continue the succession of president and direct- When president ors of said company, nine directors shall be chosen annually, onand directors to the first Monday of October, at such place as may be appointed by the directors; and if any vacancy shall occur by death, resignation, or otherwise, of any president or director, before the year for which he was elected shall have expired, a person to fill 126 TERRITORIAL LAWS. 1835. such vacant place for the residue of the year, may be appointed by the directors of said company, or a majority of them; the directors of said company shall hold and exercise their offices until a new election of president and directors. All elections If electionsbe which are by this act, by the by-laws of the company, to be made dayappointed. on any particular day, if not made on such day, may be made at any time within thirty days thereafter. Meeting to be SEC. 7. That a general meeting of the stockholders of said held annually. company shall be held annually, at the time and place appointed for the appointment of president and directors; and a meeting Of extra meet- may be called at any time during the interval between said annual ings. meetings, by the president and directors, or by the stockholders owning not less than one-fourth of the whole stock, by giving thirty days' public notice of the time and place of meeting; and when any such meetings are called by the stockholders, the notice shall specify the particular object of the call; and if, at any meetings thus called, a majority in value of the stockholders are not present, in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting When meeting any business; and if within three days, stockholders having a dissolved. majority of the stock do not attend such meeting, then the same shall be dissolved. When president SEC. 8. That at the regular annual meetings of the stockholders and directors to account. of said company, it shall be the duty of the president and directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company; and at any called meeting of the stockholders, a majority of those present in person, or by proxy, may require similar statements from the president and directors, whose duty it shall be to furnish them when thus President and required; and at all general meetings of the stockholders, a directors may be removed. majority in value of all the stockholders in said company, may remove from office any president, or any of the directors of said company, and may appoint others in their stead. Oath ofpresi- SEC. 9. That every president and director of said company, dent and di- before he acts as such, shall swear or affirm, that he will well and rectors. truly discharge the duties of his office to the best of his skill and judgment. Mayappointand SEC. 10. That the president and directors, or a majority of remove officers, them, shall have power to appoint, contract with, and determine the compensation of all such officers, engineers, agents, or servants whatsoever, as they may deem necessary for the transaction of the business of the company, and remove them at pleasure; and the said president and directors, or a majority of them, shall have power to determine the manner of adjusting and settling all To settle ac- accounts against the company; also the manner and evidence of by-laws, et. transfers of stock in said company; and they shall have power to pass all by-laws which they may deem necessary for carrying into execution all the power vested in the company hereby incorporated: Provided Such by-laws shall not be contrary to the laws of this Territory, or the constitution, or laws of the United States. SEc. 11. That the president and directors of said company TERRITORIAL LAWS. 127 shall be, and they are hereby invested with all the privileges, 8 3 5. rights, and powers necessary for the location, construction, and Toconstruct keeping in repair said railroad, not exceeding one hundred feet in and keep said width; and the said president and directors, or their agents, or those with whom they may contract for making said road, or any part of it, may enter upon, use, and excavate any land which may be May contract wanted for the site of said railroad, or any other purpose which is for, use. and necessary in the construction or repair of said road, or its works, land, etc. so soon as the amount is ascertained and tendered as hereinafter provided. SEC. 12. That the president and directors of said company may May agreefor agree with the owner or owners of ally land, earth, timber, gravel, materials, etc. stone, or other materials, or any articles whatsoever, which may be wanted in the construction or repair of said road, or any of its works, for the purchase or occupation of the same; and if Howto proceed when parties such materials (not previously taken or appropriated by the owner cannot agree. to any particular use) as may be necessary for the construction or repair of said railroad, be found on any unimproved land adjoining to or near the same, and if the parties cannot agree, or if the owner or owners of any of them be a femme covert, under age, non compos mentis, or out of the county in which the property wanted may lie, application may be made to any justice of the peace of such county, who shall thereupon issue his warrant, under his hand and seal, directed to the sheriff of said county, or, if the sheriff be interested, to some disinterested person, requiring him to sumnion a jury of twelve freeholders in the county, not in any Jury to be sumway interested in the matter, or related to the parties, to meet on moned, etc. or near the property or materials to be valued, on a day named in said warrant, not less than five nor more than ten days after the issuing of the same; and if at the said time and place any of the persons summoned do not attend, the said sheriff or summoner shall imrnmediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from each party, or his, or her, or their agent or attorney, or if either be not present in person or by agent, the sheriff or summoner for him, her, or them, may strike off three jurors, and the remaining shall set as a jury of inquest of damages, and before they act as such, the sheriff or summoner shall administer to each of them an oath or affirmation, that they will justly and impartially value the damage which the owner or owners will sustain by the use or occupation of the land, materials, or other property required by said company; and the said jury shall reduce their Inquisition to inquisition to writing, and shall sign and seal the same, and it be in writing and sent to cirshall thence be sent to the clerk of the circuit court of said county, cult court. and by said clerk filed in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown; and when confirmed, the same shall be recorded by said clerk, at the expense of said company; but if set aside, said court may direct another inquisition, to be taken in the manner above prescribed; said inquisition shall describe the property taken, or the bounds of the land condemned. Such valuation, when paid 128 TERRITORIAL LAWS. 18 35. or tendered to the owner or owners of said property, his, her, or their legal representatives, shall entitle said company to the estate Valuationten- and interest in the same, thus valued, as fully as if it had been dered, property to vest in com- conveyed by the owner or owners of the same, for such term of pany, etc. time as the said company shall occupy the same as a railroad; and if valuation be not received when tendered, it may, at any time thereafter be received from the company without cost; and the sheriff, and summoners, and jurors shall be allowed the ordinary fees for like services, to be taxed by the court. When company SEC. 13. That whenever in the construction of said railroad, it to make wagon shall be necessary to cross or intersect any established road, it shall be the duty of the said president and directors so to construct the said railroad across such established road as not to impede the passage or transportation of persons or property along the same; or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individual, proper wagon ways across said road from one part of his land to another. Neglect to make SEC. 14. That if said company shall neglect to provide proper liable for dam-. wagon ways across said road, required by the preceding section of ages. this act, it shall be lawful for any individual to sue said company, and shall be entitled to such damages as a jury may think him or her entitled to, for such neglect or refusal on the part of said compa'ny. May contract SEC. 15. That if it shall be necessary for the said railroad corncompany for the pany, in the selection of the route, or the construction of the said use of any road, road, to be by them laid out and constructed, or any part of it, to connect the same with any turnpike road or bridge, made or erected by any incorporated company, or authorized by any law of this Territory, it shall be lawful for said president and directors to contract with any other corporation for the right to use such road or bridge, or for transfer of any of the corporate or other rights and privileges of such corporation to the said company hereby incorporated; and every such other incorporation, acting under the laws of this Territory, is hereby authorized to make such contract or transfer, by and through the agency of the persons authorized by the respective acts of incorporation, to exercise their corporate power, or by any persons which are, by any law of this Territory entrusted with the management and direction of such turnpike, road, or bridge, or any of the rights or privileges aforesaid. Such contract Everv contract or transfer, made in pursuance of the power and authority hereby granted, when executed by the several parties under the irrespective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the right to use and enjoy the same, as fully as they are used and enjoyed by the said corporation in whom they are now vested. May purchase SEC. 16. That the said president and directors shall have power machines, etc. to purchase, with the funds of the company, and place on any railroad constructed by them under this act, all machines, wagons, carriages, or vehicles of any description, which they may deem necessary or proper for the purpose of transportation on said road; TERRITORIAL LAWS. 129 and that they shall have power to charge, for tolls and transporta- 183 5. tion, such sums as shall be established by the by-laws of the com- May transport pany hereby incorporated; and it shall not be lawful for any property and other company, or any person or persons, to transport any passen- receive tolls. gers or merchandize, or property of any description whatever, along said road, or any part of it, without the license or permission of the said president and directors of said company; and the Property vested said road, with all its improvements, works, and profits, and all inthe company. machinery used on said road for transportation, are hereby vested in said company incorporated by this act, and their successors forever; and the shares of the capital stock of said company, Sharesconsidshall be considered personal property, and shall be transferable redr'ty, anad agreeably to the by-laws of said company, and subject to be taken liable for debts. on execution agreeably to such laws as are or may thereafter be in force. SEC. 17. That the said president and directors shall, annually, Of dividends. or semi-annually, declare and make such dividend as they may deem proper, of the net profits from the resources of said cornpany, deducting the necessary current expenses; and they shall make the dividend among the stockholders of said company, in proper proportions to their respective shares. SEC. 18. That if any person or persons shall willfully, know-Personsinjuring said road ingly, and maliciously, by any means whatever, injure, impair, or liable for damdestroy any part of the railroad constructed by said company ages, etc. under this act, or any of the necessary works, buildings, or machinery of said company, such person or persons so offending, shall, each of them, for every such offense, forfeit and pay to the said company, a sum not exceeding three times the amount of damages caused by such offense, which may be recovered in the name of said company, by an action of debt, in any court having competent jurisdiction, in the county wherein the offense shall be committed; and shall also be subject to an indictment; and upon conviction of such offense, shall be punished by fine and imprisonment, at the discretion of the court. SEC. 19. That the right and privilege is hereby reserved to the Right reserved Macomb and Saginaw railroad company, to connect with the road to connect other hereby provided for, any other railroads leading from the main this road. route to any part or parts of the Territory: Provided, That in forming such connection, no injury shall be done to the works of the company hereby incorporated: Provided, farther, That the Proviso. said company or companies so connecting, may have free use of said road by paying such a tariff of tolls as may be established by the legislature; and this company shall be entitled to the same rights and privileges to any and all roads hereafter connected. SEC. 20. That this act shall be favorably construed to effect the Construction. purposes thereby intended; and the same is hereby declared to be a public act, and copies thereof, printed by authority of the Territory, shall be received as evidence thereof. SEC. 21. That the stockholders of the Macomb and Saginaw Authority to railroad company be, and they are hereby authorized to establish estabishabank a bank at the village of Mount Clemens, the capital stock whereof 17 130 TERRITORIAL LAWS. Is 3s. shall, for the present, be one hundred thousand dollars, to be divided into two thousand shares, each being fifty dollars; and the Of subscriptions subscriptions towards constituting said stock, shall be open at for capital stock. such times and places, under the superintendence of the president and directors of said company, as they may designate, giving at least three weeks' public notice thereof, in one or more newspapers published in said Territory; and the subscription aforesaid shall continue open until the whole number of shares are subscribed, and if the subscriptions to the said capital stock shall, within six days after the same are opened, exceed the amount authorized by this section, it shall be the duty of the directors to deduct such excess, in a proportional manner, from the largest number of shares subscribed, in such a manner that each person subscribing shall be entitled to at least five shares, if he subscribe so many. When and how SEC. 22. One-tenth part of the amount of each share, shall be installments to be paid. paid to the said president and directors, in specie, at the time of subscribing, and the balance shall be paid in such installments, and at such times as the directors for the time being may require: Notice to be Provided, That whenever the payment of any installment is given. required by the directors, they shall give at least sixty days' notice thereof, in a newspaper printed in this Territorv; but no one installment shall exceed five dollars on a share: Provided, further, Proviso, That no note or evidence of debt shall be discounted or received by the directors in payment of any installment called in or required to be paid, with intent of providing the means of furnishing such payment, or with intent of enabling any stockholder to withdraw any part of the money paid in by him on his stock. Stockholders SEC. 23. All persons who shall become stockholders of said politic and bank, shall be, and they are hereby constituted, ordained, and corporate. declared to be a body corporate and politic, in fact and in name, bv the name of "the President, Directors, and Company of the Bank of Macomrnb County;" that by that name they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts and places whatsoever, and in all mannner of actions, suits, complaints, matters, and causes whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and they and their Its style and successors, by the name of "the President, Directors, and Compowers. pany of the Bank of Macomb County," shall be, in law, capable of purchasing, holding, and conveying any estate, real or personal, for the use of said corporation. Who to manage. SEC. 24. The stock, property, affairs, and concerns of the said bank shall be managed by the president and directors of the said railroad company. Directors to SEC. 25. The directors for the time being, or a majority of them, make by-laws, rules, etc. shall have power to make and prescribe such by-laws, rules, and regulations, as to them shall appear needful and proper, touching the arrangement and disposition of the stock, property, estate, and effects of said corporation, the duties and conduct of the TERRITORIAL LAWS. 131 officers, clerks, and servants employed therein, and all such other 18 3 5. matters as appertain to the business of a bank; and shall also Their powers, have power to appoint so many officers, clerks, and servants, for duty, etc. carrying on said business, and with such salaries and allowances as to them shall seem meet: Provided, That such by-laws, rules, and regulations be not repugnant to the constitution or laws of the United States, or to the laws of this Territory; and it shall be Statement of the duty of the said directors, whenever thereto required, to fur- affairs nish to the legislature or governor, a statement, under oath or affirmation, of the condition of the bank, stating the amount of deposits, the profits on hand, the amount of bills in circulation, the amount of debts due from the directors, the amount due from the stockholders, the amount of debts due from all other persons or corporations, not, however, naming them, the amount of specie in bank, the amount of all bills of other banks, the amount of their deposits in other banks, the amount of their real estate, and all their other property not herein specified, and shall contain a true exhibit of the state of said bank. SEC. 26. This Territory shall have a right to subscribe any num- Right of terri. tory to take ber of shares in said bank, not exceeding in the whole the number stock. of five hundred, at any time when by law they shall authorize any person or persons for that purpose; and the Territory shall have a right to increase the number of shares and stock which the said corporation may hold, to the amount of the sum to be subscribed. SEc. 27. The total amount of debts which the said corporation Amount of debts which shall at any time owe, whether by bond, bill, note, or other con- bank shall'not tract, over and above the specie then actually deposited in the exceed. bank, shall not exceed three times the amount of capital stock subscribed and actually paid into said bank; and in case of such Liablein case excess, the directors under whose administration it shall happen, of excess shall be liable for the same in their separate and private capacities; but this shall not be construed to exempt the said corporation, or any estate, real or personal, which they may hold as a body corporate, from being also liable for, and chargeable with such excess; but such of the directors who have been absent when the said excess was contracted, or who may have dissented from the resolution or act whereby the same was contracted, shall not be so liable. No loan or discount shall be made to the directors Loans to directof such corporation, or upon paper on which such directors, or ors. any of them, shall be responsible, to any amount exceeding the capital stock actually paid in and possessed by the corporation. SEC. 28. The lanis, tenements, and hereditamients which it Lands and tenshall be lawful for the said corporation to purchase and hold, shall ements which be only such as shall be required for its accommodation in relation to the convenient transaction of its business, or such as shall have been bofna fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted, in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts; and further, the said corpo- Not to trade in ration shall not, directly or indirectly, deal or trade in buying or merchandise. selling any goods, wares, or merchandize, or commodities whatso 132 TERRITORIAL LAWS. 1i83s ever, unless in selling the same when truly pledged by way of security for debts due the said corporation, or purchasing the same at sale on judgments which shall have been obtained for any debts previously contracted in the course of its dealings, and afterwards selling the same. Bills to be SEC. 29. The bills, obligatory and of credit, under the seal of assignable, etc. the said corporation, which shall be made to any person or persons, shall be assignable by endorsemenlltthereupon, under the hand or hands of such person or persons, his, her, or their assignee or assignees, so as absolutely to transfer and vest the property thereof in each and every assignee or assignees respectively, and to enable such assignee or assignees to bring and maintain an action thereupon, in his, her, or their own name or naines; and bills or notes which may be issued by order of said corporation, promising the payment to any person or persons, his, her, or their order, or to bearers, though not under the seal of the said corporation, shall be bilding and obligatory upon the same in like manner, and with like force and effect as upon any private person or persons, if issued by him, her, or them, in his, her, or their private or natural capacities, and shall be assignable and negotiable in like manner as if they were so issued by such private person or persons; and if such bills, Bills tobe paid obligatory and of credit, and such bills and notes issued as aforewhen demanded or corporation said, are not paid when the same are due and demanded at the dissolved. banking house of the said bank, and within the usual banking hours, in the legal money of the United States, the said corporation shall be dissolved, subject to the benefits and provisions of the act entitled an act relative to banking institutions, approved April twentty-three, one thousand eight hundred and thirtythree. Of dividends. SEC. 30. The directors shall make half yearly dividends, commencing in six months after the said bank shall have gone into operation, of so much of the profits of the said bank as to them, or a majority of them, shall seem advisable; and the directors When bank shall also, after ten thousand dollars shall have been paid in, promay commence o business. vide a convenient place for the transaction of the business of said bank, and commence operation; and every cashier and clerk, Cashier and before they enter upon the duties of their offices, shall give bond, bclerks to give with two or more sureties, to the satisfaction of the directors, conditioned for the faithful discharge of their duties: Provided, That no dividend shall be paid except from the surplus profits arising from the business of the corporation; and it shall not be lawful to divide, withdraw, or in any way reduce the capital stock, or any part thereof, without the consent of the legislature. Salary of offi- SEC. 31. No president, or other officer, shall be entitled to any cers. emoluments for their services, unless the same shall have been allowed by the stockholders at a general meeting. Four directors Board for shall constitute a board for the transaction of business, of whorn business. the president shall be one, except in case of necessary absence, when lie shall in writing, appoint one of the directors to act as president pro tempore; but for making ordinary discounts, such a number of directors shall constitute a board as shall be required by the laws of said corporation. TERRITORIAL LAWS. 133 SEC. 32. The stock of the said corporation shall be assignable 1835. according to such rules as shall be made in that behalf by the Assignment of by-laws of the said corporation; but no assignment or transfer stock. shall be valid or effectual until such assignment or transfer shall be entered or registered in a book to be kept for that purpose; nor shall any stockholder be capable of assigning or transferring his or her stock in said bank, until all notes, dues, and debts, of wh.atsoever nature, due to said corporation from such stockholder, either as drawer, or endorser, on any note or bill, or otherwise, shall be first paid and discharged. SEC. 33. The stockholders may, at any time, augment the cap- Stockholders ital stock of the said bank, at any special meeting called for that maptaug stock. purpose, a majority of all the votes being given thereupon, under such regulations, resolutions, and conditions as the said stockholders shall at such meeting judge proper, to any amount not exceeding five hundred thousand dollars. SEC. 34. The property of every individual mnember of the said Property vested corporation, vested in said corporate funds, shall be liable in the be liable:for same manner as other personal property is liable by the laws of debts. the Territory, to the payment and satisfaction of his just debts, to any of his bonafide creditors; and when any execution shall Howlevied issue against the personal property of any such individual mem- upon and sold. ber, and the creditor is desirous that the same shall be levied upon the property of such debtor in the said corporate funds, the officer to whom such execution may be directed, shall levy the same, by leaving with the cashier of said bank, an attested copy of such execution, and a written notice that the said execution is levied upon the property of the said debtor in said corporate funds; and such property, thus levied upon, shall be sold in the same manner as is or shall by law be provided for the sale of personal property taken in execution; and such corporate funds, thus levied upon and sold, shall be transferred to the purchaser, by entering in the proper book of such corporation, a copy of the said execution, and a statement of the sale of such property by virtue thereof, which entry the officer serving such execution shall be permitted to make: Provided, That no property vested in the Provided debts said corporate funds shall be thus taken and sold, until all debts due rsth baid.nk be to the said bank by such debtor, either as drawer or endorser of any note or otherwise, shall be fully paid and discharged; and upon any execution being levied on any shares in said bank, it shall be the duty of the cashier of said bank to expose the proper book of the corporation to the officer, and to furnish him with a certificate, under his hand and in his official capacity, stating the number of shares the debtor holds in the said bank, and the amoqunt of dividends thereon due. SEC. 35. The said corporation shall not take more than seven Rateofinterest. per centunm per annum in advance on its loans or discounts. SEC. 36. No note shall be issued by said bank less than one No noteless dollar. than $1. SEC. 37. This act shall take effect from and after its passage, Term of chars and shall continue in force for the term of forty years from said ter. 134 TERRITORIAL LAWS. 1835. time: Proviled, however, That unless the sumn of ten thousand dollars in specie shall be paid in said bank within two years front In what case the first Monday of July next, and unless ten miles of the said charter to be void. railroad, commencing at Mount Clemens, be made and put in operation within six years thereafter, this act shall become void and of no effect. Territory to SEC. 38. That the Territory or State may, at any time after the have the right to purchase said expiration of twenty-five years from the completion of said railroad, road, have the right to purchase and hold the same for the use of said Territory or State, at a price not exceeding the original cost of said road and the expenses in keeping the same in repair and operation, and seven per cent on all moneys so expended, together with fourteen per cent thereon; and after such period, the said bank shall become a separate and distinct institution. Road company SEC. 39. Before the said bank shall commence operation under stock tovhe the provisions of this act, the said Macomb and Saginaw railroad bank. company shall convey, by such instrument and form as shall be approved by the governor of this Territory, to said bank, the entire stock of said railroad company, which shall stand as a security for the redemption of all notes and debts of said bank, which may be levied upon and sold for such debts, in the manner provided for in the fourteenth section of this act. Directors of this SEC. 40. That the directors of the said company, shall, before companyto give they issue bills under this charter, give good and sufficient security, to the satisfaction of the treasurer, with the approbation of the auditor of this Territory or State, in the sum of fifty thousand dollars, to the said Territory or State, to be held by him as a collateral security for the redemption of all bills emitted by said bank, until ten miles of the said railroad shall have been conmpleted. Construction. SEC. 41. This act is, and the same is hereby declared to be a public act, and that the same be construed in all courts and places benignly and favorably for every beneficial purpose therein mentioned. Approved August 24, 1835. AN ACT to authorize the building a darn across the Manitoowoc river, in the county of Brown. Who authorized SECTION 1. Be it enacted by the Legislative Council of the Terrierect mildl, etac. tory of Michigan, as follows: John P. Arndt, Lewis Rouse, Albert G. Ellis, and Lewis Morris, and their heirs and assigns are hereby authorized and empowered to build a dam across the Manitoowoc river, at the lowest rapid in said river, on sections twenty-three and twenty-four, township nineteen north, range twenty-three east, in the county of Brown, to erect mills or other machinery, as they may deem proper, or in any other manner to make use of To build erect the water power created thereby; to build wharves, and to erect wharves, erect ware houses, ware houses, or such other buildings as may be deemed necessary etc. and useful for commercial purposes, either above or below said TERRITORIAL LAWS. 135 dam, and for the accomplishment thereof, to collect and use any ls835. materials which may be supplied from the bed of said river. SEC. 2. The dam shall not exceed four feet rise above the sur- How dam and lock to be conface of the said stream at high water, and shall contain a con- structed. venient lock for the e-passage of boats, barges, canoes, rafts, or other water craft, not less than one hundred feet in length, and twenty feet in width, so constructed as to receive boats below said darn in slack water of sufficient depth for the ordinary purposes of navigation upon said river, and pass them to slack water of sufficient depth as aforesaid, above said darn. SEC. 3. If by the erection of said dam, any lands shall be flowed If land flowed, no action of to the injury thereof, the owner of said lands shall be entitled to trespass. damages, to be ascertained as herein prescribed, but no action of trespass shall be had or maintained by any owner or proprietor as aforesaid. SeC. 4. Whenever application shall be made, in writing, to any If landbe flowed, how judge of the circuit court, by or on behalf of any owner or pro- damage asprietor whose lands are flowed by reason of said dam, the said sessed. judge shall forthwith appoint five disinterested persons to enquire and ascertain the damages by a view of the premises, and report their opinion, together with the amount of damages, if any, which ought to be allowed for the injury occasioned as aforesaid; which amount shall be paid by the owner or owners of said darn. SEC. 5. From the decision of the appraisers there shall be an When and how appeal to be appeal to the county court of the county in which said dam is takPenfrom situated: Provided, Said appeal be entered by the party aggrieved, decision of the in. the clerk's office, within twenty days after the award may be made; and if an appeal shall not be taken, within the time herein limited, and either party refusing to pay the amount rendered against him, he shall be liable to an action of debt for the recovery thereof, with twelve per cent damages and costs, before any court having cognizance thereof; the trial of an appeal from the award of the appraisers, shall be conducted in the same manner as those from justices of the peace. SEC. 6. It shall be the duty of the owners of said dam, at all Tobe kept in times, to keep the said lock in repair, and to pass any water craft, repair. which can be admitted through the same, free of toll, without any unnecessary delay. SEC. 7. Any person who shall destroy, or in any wise injure said Liability of persons injuring lock, or dam, shall be deemed to have committed a trespass upon lock or dam. the owner or owners thereof, and liable accordingly; and any person willfully and maliciously doing damage to said lock, or dam, shall be deemed guilty of a misdemeanor and punishable by fine and imprisonment, in the discretion of the court: Provided, That the imprisonment shall not exceed the term of one year. SEC. 8. The legislature may, at any time, so alter or amend This act may be this act, as to provide for the further improvement of the navi- amended. gation of said Manitoowoc river. Approved August 25, 1835. 136 TERRITORIAL LAWS. 18 35. AN ACT to organize the counties of Allegan and Milwaukee. County of SECTION 1. Be it enacted by the Legtslative Council of the TeroAganizedtbe ritory of Michgan, That the county of Allegan shall be organized from and after the passage of this act, and the inhabitants thereof entitled to all the rights and privileges to which by law the inhabitants of other counties in this territory are entitled. Of suits, etc., SEC. 2. That all suits, prosecutions, and other matters now padzcountly. pending before the courts of record of Kalamazoo county, or before any justice of the peace of said county, shall be prosecuted to final judgment and execution, and all taxes heretofore levied and now due, shall be collected in the same manner as though the said county of Allegan had not been organized. Bonds'of SEC. 3. That the bonds of justices of the peace for the county justices. of Allegan shall be approved and received by the clerk of said county, and be subject to the penalties and liabilities prescribed by law, until a treasurer is elected and qualified. Of justicesin SEC. 4. That the justices of the peace, now in commission in commission, said county, shall continue to perform their judicial functions until their successors are elected and qualified. When circuit SEC. 5. That the circuit court for the county of Allegan shall courtdtobe be holden on the second Thursdays next after the fourth Mondays of April and October, annually, at such place as shall be provided by law. Of matters SEC. 6. That all causes, writs, process, and other matters whatpeirncduing befortre soever, pending in, or issued, or to be issued before or on the third Tuesday next after the fourth AMonday in April, next, and returnable into the said court on any day in any term thereof heretofore fixed by law, shall be continued and proceeded in, and be returned into the said court, to, and at the respective and proper terms of the said court hereby established, as fully and effectually as though such causes, writs, process, and other matters had been regularly continued to, and made returnable at the respective and proper terms of said court, as hereby established. Dutyof sheriff. SEC. 7. It shall be tile duty of the sheriff of the county of Allegan, until public buildings are erected in said county, to provide a convenient place at or near the county site for said county, for the holding of said court. When circuit SEC. 8. The circuit court for the county of Allegan shall be court to be n holden. held on the -Thursdays next after the fourth Mondays of April and October, in each year. County of Mil- SEC. 9. That the county of Milwaukee shall be, and the same is izedeorgan- hereby declared to be organized, and the inhabitants thereof entitled to the same rights and privileges, in all respects whatever, with the inhabitants of other organized counties within the said Territory. Of the county SEC. 10. There shall be a county court established in the said court. county, which court shall hold one term on the first Monday of May, and one term on the first Monday of October, in each and every year, at the village of Milwaukee, which is hereby declared to be the county seat of said county. TERRITORIAL LAWS. 137 SEc. 11. The county clerks of said counties of Allegan and Mil- 1835. waukee shall be ex officio register of deeds in and for said coun- Countyclerk. ties, until a register shall be elected according to law. SEC. 12. The provisions of the act entitled "An act to prescribe Of elections. the mode of holding elections in the county of Iowa," approved April twenty, one thousand eight hundred and thirty-three, are hereby declared applicable to said county of Milwaukee, and said act shall be in force in said county, anything in any law to the contrary notwithstanding. SEC. 13. That all that part of the county of Milwaukee lying Of townships, north of a line drawn due west from a point on Lake Michigan, etc. six miles south of the niouth of the Milwaukee liver, to the western boundary of said county, shall be a township, and be called Root River, and the first township meeting shall be held on the Townmeeting. first Monday of October next, at Gee's Mills, in said township. SEC. 14. This act shall take effect and be in force on and after When to take the first Monday of September, next. effect. Approved August 25, 1835. AN ACT making certain appropriations out of the territorial treasury. SECTION 1. Be it enacted by the Legilative Council of the Ter- Appropriation. ritory of Michl;qan, That the following sums be allowed and paid out of any moneys in the territorial treasury, in full for their services renidered said Territory in taking the census: Provided, That no payment shall be made to any person hereinafter named, until said person shall forward to the auditor of the Territory, a certified account, showing that the services hereinafter named have been performned by said person, and that said person has received no compensation therefor. SEc. 2. To Thomas Fitzuel, clerk of the county of Berrien, for Thos. Fitzuel. copying the returns of the sheriff of said county, and of his assistants, containing one thousand seven hundred and eighty-seven inhabitants, at three dollars per thousand, five dollars and thirtysix cents. SEC. 3. To Stephen Vickery, clerk of Kalamazoo county, for S. Vickery. copying the returns of the sheriff of said county, and of his assistants, containing three thousand one hundred and twenty-six inxhabitants, at three dollars per thousand, nine dollars and thirtyseven cents. SEC. 4. To Wales Adams, clerk of the county of Branch, for W.Adams. copying the returns of the sheriff of said countv, and his assistants, containing seven hundred and sixty-four inhabitants, at three dollars per thousand, two dollars and twenty-nine cents. SEC. 5. To Stephen Truesdell, clerk of the county of St. Joseph, s. Truesdell. for copying the returns of the sheriff of said county, and of his assistants, containinog three thousand one hundred and sixty-six inhabitants, at three dollars per thousand, nine dollars and fifty ce n ts. 138 TERRITORIAL LAWS. 1835. SEC. 6. To Levi Le Barron, clerk of the county of Lenawee, L. LeBarren. for copying the returns of the sheriff of said county, and of his assistants, containing seven thousand four hundred and seventysix inhabitants, at three dollars per thousand, twenty-two dollars and forty-three cents. H. James. SEC. 7. To Horace James, clerk of the county of St. Clair, for copying the returns of the sheriff of said county, and of his assistants, containing two thousand two hundred and forty-four inhabitants, at three dollars per thousand, six dollars and seventythree cents. M. C. Whitman. SEC. 8. To Martin C. Whitman, clerk of the county of Cass, for copying the returns of the sheriff of said county, and his assistants, containing three thousand two hundred and eighty inhabitants, at three dollars per thousand, nine dollars and eightyfour cents. Approved August 25, 1835. AN ACT to incorporate the Wisconsin internal improvement company. First directors. SECTION 1. Be it enacted by the Legislative Council of the Territory of Michiqan, That Daniel Jackson, Ramsay Crooks, James Boyd, jun,, Richard Suydam, Ferd. Suydam, D. R. Campbell, F. R. Tillson, Ben. Clapp, John Lawe, Win. B. Slaughter, Samuel W. Beall, Morgan L. Martin, John D. Ashley, Michael Dousman, Robert Stuart, Albert G. Ellis, and James D. Doty, and such other persons as shall associate with them, for the purpose of Power to open opening a communication, by land or water, between Green Bav,tommunication and the Mississippi river, by removing the obstructions in the Bay and Mis- bed of the Fox river, or by creating a slack water navigation over sissippi River. its rapids, and cutting a canal from the Fox to the Wisconsin or Rock rivers, or from Winnebago lake; or by constructing a rail or mcadamized road around the rapids of the Fox and Rock rivers, from and to such points as shall be deemed most expedient, shall Constituted a be, and they are hereby constituted a body politic and corporate,, body politic, etc. by the name and style of the "Wisconsin Internal Improvement Company," and by that name they and their successors shall and may have continued succession, and be persons in law capable of Maysue and be suing and being sued, pleading and being impleaded, answering sued, etc. and being answered unto, defending and being defended in all courts and places whatsoever, and in all manner of actions, complaints, matters, and causes; and by the same name and style shall be in law capable of purchasing, holding, and enjoying any estate, real or personal, for the use of said corporation. Capitalstock SEC. 2. That the capital stock of said company shall be five V500,000-the shares $15 hundred thousand dollars, with the privilege of increasing the each. same one hundred and fifty thousand dollars, and to be divided into shares of one hundred and fifty dollars each, which shall be considered personal property, and transferable according to the by-laws of the corporation. Ramsey Crooks, Dan'l. Jackson, Wil TERRITORIAL LAWS. 139 liam B. Slaughter, John D. Ansley, and James D. Doty, be, and 183 5 -. they are hereby appointed commissioners to receive subscriptions Commissioners for said stock; each of the said persons shall furnish himself with to receive suba book, which shall be kept open for the purpose of receiving subscriptions for two years, unless one-tenth of the whole number of shares now created shall be sooner subscribed. Each subscriber Of subscriptions shall pay to the commissioner receiving his subscription, one-tenth for stock, etc. of the amount of one share per each share which he shall subscribe, and the residue to the president and directors to be elected, at such time and place as they shall, from time to time, require. As soon as ten thousand dollars shall have been subscribed, the said commissioners shall, by advertisement, to be published in two of the newspapers printed in said Territory, give at least thirty days' notice of the time and place when and where the subscribers shall meet to choose directors. At the election so appointed the Of elections, commissioners present shall preside; and the subscribers present, etc. or their proxies, by a plurality of votes, shall choose, by ballot, nine stockholders, to be directors of said corporation during the ensuing year. The commissioners shall deliver their respective subscription books to the directors so to be chosen, at their first meeting, and shall then pay over to such directors the money received by them respectively, on such subscriptions. An election for directors shall be annually held on the same day on which the first was held, and at each election, including the first, the stockholders present, by a plurality of votes, shall elect by ballot three persons to preside at the next succeeding election; and the persons presiding at any election shall, immediately after receiving the ballots, openly estimate the votes, and thereupon make and subscribe a certificate of the result of such election, and after the first election make return thereof to the president and directors, at their next meeting after such election. Every stockholder, in person or by proxy, shall, at each election, be entitled, on the shares then held by him, to one vote for each share. If an annual election shall not be held on the day fixed by law, the corporation shall not cease, but the election shall be held in the same manner, and with like effect, on some early day, to be appointed by the directors then in office, who shall give and publish the same notice thereof as is required in respect to the first election; and who, after the day on which such election ought to have been held, shall be incapacitated from doing any act as directors, other than such as may be necessary to give effect to such election. Five Five directors directors shall be a board for the transaction of business, and the tomakeaboard. acts of a majority of the board shall bind the corporation. SEC. 3. The directors at their first meeting after their election, Election of shall, by ballot, elect one of their number for president. The president. president and directors shall have power, and it shall be their duty Powerof presito meet from time to time, at such place as they may deem dent anddiexpedient, to make such by-laws, rules, and regulations, not inconsistent with the laws of the United States, and of this Territory, as, in their judgment, the affairs of the corporation shall require; to appoint subordinate officers, artists, and workmen, as they shall 140 TERRITORIAL LAWS. s3. deem necessary to execute the business of the corporation; to continue to receive subscriptions of shares until the whole capital Of subscrip- stock shall be subscribed; and to demand at such tinlm, and in tions for stock such proportion as they shall see fit, from the respective stock-money due on shares, etc. holders, the sums of money due on their respective shares, under pain of forfeiture of such shares, and of all previous payments thereon, to the corporation; or to sue the delinquent stockholder for the amount due on his shares, in an action of assumpsit, in any court having cognizance thereof. Powerof cor- SEC. 4. The corporation, hereby created, shall have power to poration to make improve- make, construct, and maintain a canal of suitable width and ments. dimensions, or railroad, to be determined by the directors of said company, from the Fox to the Mississippi river; to erect damns on the rapids of said Fox and Rock rivers, so as to produce a slack-water navigation of said streanis, or locks to pass said rapids; to remove the stone and logs from the bed of said Fox and Rock rivers; and to make a road or canal around said rapids from and to such points on the Fox river and Winnebago lake as shall be Powertoregu- deemed most expedient; to regulate the time and manner, size, late the passage of boats, and order, in which all boats, craft, carriages, and property shall carriages,etc. pass the said canal, roads, or river, where the same is improved, and to establish the amount of tolls, or transit duties upon such boats, craft, carriages, packets, and all animals passitng the said roads, as soon as any or either of them shall be completed and in a situation to be used; to lease, alien, and convey any lands and real estate belonging to the said company, which they may deem unnecessary to retain for the purposes of said corporation, whether the same was vested in them by purchase, mortgage, or voluntary donation, to erect piers, wharves, warehouses, and other necessary buildings and improvements in and about said canal, rivers, and Power to hold, roads, for commercial purposes; to hold and convey such real lease, sell, etc. real estate. estate as shall be requisite for its immediate accommodation in the convenient transaction of its business, or such as shall have been mortgaged to it in good faith, by way of security, for loans previously contracted, or for moneys due, or such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or such as shall have been purchased at sales upon judgments, decrees, or mortgages obtained or made for such debts, or acquired in any other manner whatsoever; to enter upon and take possession of such lands, by consent of the owners thereof, as may be necessary for the construction of said canals, locks, roads, and ether works. When this act SEC. 5. If the construction of the said works shall not be comto be void. t menced within two years, and completed within six years from the time when the saime is approved by Congress, the privileges herein conferred shall cease, and this act shall become null and void. When to take SEC. 6. This act shall not take effect until the same is approved by Congress. Approved August 25, 1835. TERRITORIAL LAWS. 141 AN ACT to authorize the granting of administration on the 183s. estate of Daperon Baby, deceased. Be it enacted by the Legislative Council of the Territory of iJ'ch- Judge of proigan, That the judge of the probate of Wayne county, in said Ter- to grant letters ritory, be, and he is hereby authorized to grant adminlistration onof iadministrathe estate of said Daperon Baby, deceased, to Jean Bt. Baby, his son, or to any other person legally entitled thereto, which shall be as valid and effectual as if granted within twenty years from the death of the deceased, any law or usage to the contrary thereof notwithstanding: Provided, That such administration shall give bail, and in all other respects conform to, and comply with the existing probate lalw in their behalf made. Approved August 25, 1835. AN ACT to amend an act entitled "An act to incorporate the village of Monroe," approved April 12, 1827. SECTION 1. Be it enacted by the Legislative Council of thePowertoimTerritory of Michigan, That the president and trustees of thegation of the village of Monroe, with the approbation of the citizens of said tiverRaisin. village, in legal meeting assembled, shall have power, and are hereby authorized to improve the navigation of the River Raisin, from the present head of navigation to such point within the limits of said village as they shall see fit. SEc. 2. It shall be competent for the said president and trustees May remove of said village to remove from the bed of said river, or the mar- etuctc.ons gin, or any of the bayous near the said river, earth, gravel, or stone, and to sell-or convert the same to their use, for the benefit of the said village: Provided, That the improvement, when completed, shall be and remain a public highway: And provided, further, That the course of said river shall not be changed or diverted from its natural bed or channel. SEC. 3. It shall be competent for the said president and trustees of subscripto take and receive subscriptions towards the completion of said tions. work. SEC. 4. That the rights conferred by this act, to receive sub- How the right to receive subscriptions and to make improvements in the said river, shall not scriptions conbe construed to enlarge the powers of the corporation, so as to strued. authorize the laying any tax upon the citizens of said village beyond what the said corporation, by previously existing laws, were authorized to levy. SEc. 5. The said president and trustees of said village may Presidentand agree with the owner or owners of land which may be wanted il tgree for land, excavatilg and improving said navigation, for the purchase or etc. occupation of the same, or if the owner or owners of any of them be a femnne ccvert, under age, non coqmpos nzentis, or out of the -low to proceed county, application imay be made to any justice of the peace of cannotagree. such county, who shall thereupon issue his warrant, under his hanld and seal, directed to the sheriff of said county; or if the 142 TERRITORIAL LAWS. s3 5. sheriff be interested, to some disinterested person, requiring him to summon a jury of eighteen freeholders of said county, not in Jury to be sum- any way interested in the matter, or related to the parties, to meet monued on or near the property to be valued, on a day to be named in said warrant, not less than five nor more than ten days after the issuing of the same: and if at the said time and place, any of the persons summoned do not attend, the said sheriff or summoner shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of eighteen jurors; and from them each party, or his, or her, or their agent or attorney, or if either be not present, in person or by agent, the sheriff or summoner, for him, her, or them, may strike off three jurors, and the remaining shall act as a jury of inquest of damages; and before they act as such, the sheriff or summoner shall administer to each of them an oath or affirmation that they will justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the land required by Inquisition of the said president and trustees; and the said jurors shall reduce wuriting and sent their inquisition to writing, and sign and seal the same, and it to circuit court. shall be sent to the circuit court of said county, and by said clerk filed in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown; and when confirmed, the same shall be recorded by said clerk, at the expense of said president and trustees; but if set aside, said court may direct another inquisition, to be taken in the manner above prescribed; said inquisition shall describe the property taken, or the Valuation ten- boundaries of the land condemned; such valuation when paid or dered, property tendered to the owner or owners of said property, his, her, or their to vest in company. legal representatives, shall entitle said president and trustees to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner or owners for such term of time as the said improvement shall be occupied by the public; and if the valuation be not received, when tendered, it may at any time thereafter be received without cost; and the said sheriff or summoner, and jurors, shall be allowed the ordinary fees. When to take SEc. 6. This act to take effect and to be in force from and after effect. its passage, and not to continue in force more than two years unless said work be commenced within that period. Approved August 25, 1835. AN ACT to amend an act entitled an act to incorporate the Detroit and St. Joseph railroad company. Authority to SECTION 1. Be it enacted by the Legislative Council of the Terriestablish a bank, tory of Michigan, That the stockholders of the Detroit and St. capital 5100,000. Joseph railroad company be, and they are hereby authorized to establish a bank at the village of Ypsilanti, the capital stock whereof shall, for the present, be one hundred thousand dollars, to be divided into two thousand shares, each being fifty dollars; and the subscriptions towards constituting said stock, shall be TERRITORIAL LAWS. 143 open at such times and places, under the superintendence of s835. the president and directors of said company, as they may desig- How subscripnate, giving at least three weeks' public notice thereof, in one or tions received and propormore newspapers published in said Territory; and the subscription tioned. aforesaid shall continue open until the whole number of shares are subscribed, and if the subscriptions to the said capital stock shall, within six days after the same be opened, exceed the amount authorized by this section, it shall be the duty of the directors to deduct such excess in a proportional manner from the largest number of shares subscribed, in such a manner that each person subscribing shall be entitled to at least five shares, if he subscribe so many. SEC. 2. One-tenth part of the amount of each share shall be Amountto be paid on subpaid to the said president and directors in specie, at the time of scribing, and subscribing, and the balance shall be paid in such installments, vhen balance at such time, as the directors for the time being may require: Provided, That whenever the payment of any installment is required Notice to be by the directors, they shall give at least sixty days' notice thereof, givwhene in a newspaper printed in this Territory; but no one installment be paid. shall exceed five dollars on each share: Provided, fiurther, That Proviso. no note or evidence of debt shall be discounted or received by the directors, in payment of any installment called in or required to be paid, with intent of providing the means of furnishing such payment, or with intent of enabling any stockholder to withdraw any part of the money paid in by him on his stock. SEC. 3. All persons who shall become stockholders of said bank, Stockholders to be a body shall be, and they are hereby constituted, ordained, and declared corporpate and to be a body corporate and politic, in fact and in name, by the politic. name of "the President, Directors, and Company of the Bank of Ypsilanti;" that by that name they and their successors shall and Its style, powmay have continued succession, and shall be persons in law capa- ers, etc. ble of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters, and causes whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and that they and their successors, by the name of "the President, Directors, and Company of the Bank of Ypsilanti," shall be in law capable of purchasing, holding, and conveying any estate, real or personal, for the use of said corporation. SEC. 4. The stock, property, affairs, and concerns of the said Whoshallmanbank shall be managed by the president and directors of the said age. railroad company. SEC. 5. The directors for the time being, or a majority of them, Directors to shall have power to make and prescribe such by-laws, rules, and bymake rws, regulations, as to them shall appear needful and proper, touching the arrangement and disposition of the stock, property, estate, and effects of said corporation; the duties and conduct of the officers, clerks, and servants employed therein, and all such other matters as appertain to the business of a bank; and shall also 144 TERRITORIAL LAWS. 1835. have power to appoint so many officers, clerks, and servants, for Their powers, carrying on said business, and with such salaries and allowances as duties, etc. to them shall seem meet: Provided, That such by-laws, rules, and regulations be not repugnant to the constitution or laws of the United States, or to the laws of this Territory; and it shall be Statement of the duty of the said directors, whenever thereto required, to furaffairs, etc. nish to the legislature or governor, a statement, under oath or affirmation, of the condition of the bank, stating the amount of deposits, the profits on hand, the amount of bills in circulation, the amount of debts due from the directors, the amount due from the stockholders, the amount of debts due from all other persons, or corporations, not, however, tiaming them; the amount of specie in balnk, the amount of all bills of other banks, the amount of their deposits in other banks, the amount of their real estate, and all their other property not herein specified, and shall contalin a true exhibit of the state of said banlk. Right of terri. SEC. 6. The Territory shall have a right to subscribe any numtory to take ber of shares in said bank, not exceeding in the whole, the number of five hundred at any time, whenl by law they shall authorize allny person or persons for that purpose, and the Territory shall have a right to increase the number of shares and stock which the said corporation may hold, to the amount of the sumt to be subscribed. Amount of SEC. 7. The total amount of debts, which the said corporation debts which the shall at any time owe, whether by bond, bill, note, or other conbank shall not exceed. tract, over and above the specie then actually deposited in the bank, shall not exceed three times the amount of capital stock subscribed and actually paid into said bank; and in case of such Directors excess, the directors under whose administration it shall happen, iable in case shall be liable for the same in their separate and private capacities; of excess. but this shall not be construed to exempt the said corporation, or any estate, real or personal, which they may hold as a body corporate, from being also liable for, and chargeable with such excess; but such of the directors who have been absent when said excess was contracted, or who may have dissented from the resolution or act whereby the same was contracted, shall not be so liable: Of loans to 10o loan or discount shall be made to the directors of such corpodirectors. ration, or upon paper on which such directors, or any of theni, shall be responsible, to any amount exceeding the capital stock actually paid in and possessed by the corporation. Lands and ten- SEC. 8. The lands, tenerents, and hereditamlents which it shall ements which be lawful for the said corporation to purchase and hold, shall be bank may hold. only such as shall be required for its accommodation in relation to the convenient transaction of its business, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall Nottotradein have been obtained for such debts; and further, the said cormerchandise. poration shall not directly, nor indirectly, deal or trade in buying or selling any goods, wares, or merchandize, or commodities whatsoever, unless in selling the same when truly pledged by TERRITORIAL LAWS. 145 way of security for debts due the said corporation, or purchasing 1835. the same at sale on judgments which shall have been obtained for any debts previously contracted in the course of its dealings, and afterwards selling the same. SEC. 9. The bills, obligatory and of credit, under the seal of Bills tobe the said corporation, which shall be made to any person or persons, assignable, etc. shall be assignable by endorsement thereupon, under the hand or hands of such person or persons, his, her, or their assignee or assignees, so as absolutely to transfer and vest the property thereof in each and every assignee or assignees respectively, and to enable such assignee or assingees to bring and maintain an action thereupon, in his, her, or their own name or names; and the bills or notes which may be issued by order of said corporation, promnising the payment to any person or persons, his, her, or their order, or to bearer, though not under the seal of the said corporation, shall be binding and obligatory upon the same in like manner and with like force and effect, as upon any private person or persons, if issued by him, her, or them, in his, her, or their private or natural capacities, and shall be assignable and negotiable in like manner as if they were so issued by such person or persons; and if such bills, obligatory and of credit, and such bills and notes Billstobe paid issued as aforesaid, are not paid when the same are due and when demande demanded at the banking house of the said bank, and within usual dissolved. banking hours, in the legal money of the United States, the said corporation shall be dissolved, subject to the benefits and provisions of the act entitled an act relative to banking institutions, approved April twenty-three, one thousand eight hundred and thirty-three. SEC. 10. The directors shall make half yearly dividends, corn- Of dividends. mencing six months after the said bank shall have gone into operation, of so much of the profits of the said bank as to them, or a majority of them, shall seem advisable; and the directors shall Whenbank may also, after ten thousand dollars shall have been paid in, provide bumesnce a convenient place for the transaction of the business of the said bank, and commence operations, and every cashier and clerk, Cashier and before they enter upon the duties of their offices, shall give bond, clerdksto give with two or more securities, to the satisfaction of the directors, conditioned for the faithful discharge of their duties: Provided, That 1no dividend shall be paid except frorn the surplus profits arising from the business of the corporation; and it shall not be lawful to divide, withdraw, or in any way reduce the capital stock, or any part thereof, without the consent of the legislature. SEC. 11.:No president, or other officer, shall be entitled to any Salary of emoluments for their services, unless the same shall have been officers. allowed by the stockholders at a general meeting. Four directors Board for shall constitute a board for the transaction of business, of whom business, the president shall be one, except in case of necessary absence, when he shall in writing appoint one of the directors to act as president pro tempore, but for making ordinary discounts, such a number of the directors shall constitutie a board as shall be required by the laws of said corporation. 19 146 TERRITORIAL LAWS. 1835. SEC. 12. The stock of said corporation shall be assignable according to such rules as shall be made in that behalf by the Assignment of by-laws of the said corporation; but no assignment or transfer shall be valid or effectual, until such assignment or transfer shall be entered or registered in a book to be kept for that purpose; nor shall any stockholder be capable of assigning or transferring his or her stock in said bank, until all notes, dues, and debts, of whatever nature, due to said corporation from such stockholder, either as drawer or endorser, on any note or bill, or otherwise, shall be first paid and discharged. Stockholders SEC. 13. The stockholders may, at any time, augment the capthe capient ital stock of the said bank, at any special meeting called for that stock. purpose, a majority of all the votes being given thereupon, under such regulations, restrictions, and conditions as the said -stockholders shall, at such meeting, judge proper, to any amount not exceeding five hundred thousand dollars. Property vested SEC. 14. The property of every individual member of said corhe lianeto poration, vested in said corporate funds, shall be liable in the debts, etc. same manner as other personal property is liable by the laws of the Territory, to the payment and satisfaction of his just debts, How levied to any of his bona fide creditors; and when any execution shall uponandsold. issue against the personal property of any such individual member, and the creditor is desirous that the same should be levied upon the property of such debtor in the said corporate funds, the officer to whom such execution may be directed, shall levy the same, by leaving with the cashier of said bank, an attested copy of such execution, and a written notice that the said execution levied upon the property of the said debtor in said corporate funds; and such property thus levied upon, shall be sold in the same manner as is, or shall by law be provided for the sale of personal property taken in execution, and such corporate funds thus levied upon and sold, shall be transferred to the purchaser by entering in the proper book of such corporation a copy of the said execution, and a statement of the sale of such property by virtue thereof, which entry the officer serving such execution shall Provided debts be permitted to make: Provided, That no property vested in the uestepaiankbe said corporate funds shall be thus taken and sold, until all debts due to the said bank by such debtor, either as drawer or endorser of any note, or otherwise, shall be fully paid and discharged, and upon any execution being levied on any shares in said bank, it shall be the duty of the cashier of said bank, to expose the proper book of the corporation to the officer, and to furnish him with a certificate, under his hand, in his official capacity, stating the number of shares the debtor holds in the said bank, and the amount of dividends thereon due. Rate of interest. SEC. 15. The said corporation shall not take more than six per centumn per annum in advance on its loans or discounts. Noenoteless SEC. 16. No note shall be issued by said bank less than one than $1. dollar. Term of char- SEC. 17. This act shall take effect from and after its passage, ter. and shall continue in force for the term of thirty years from said TERRITORIAL LAWS. 147 time: Provided, however, That unless the sumI of ten thousand 18 3 5 dollars in specie shall be paid in said bank within two years from Inwhat case the first Monday in September next, and unless ten miles of the chartertobe said railroad, commencing at or near the United States arsenal, at Dearbonville, and running west, be made and put in operation within two years from the passage of this act, the same shall become void and of no effect: And provided, further, That before Security to be the bank shall be permitted to issue its bills under this charter, given before the directors of the Detroit and St. Joseph railroad company shall operation. each give good and sufficient security, to the satisfaction of the treasurer, with the approbation of the auditor of this Territory or State, in the suni of ten thousand dollars, to be by him held as a collateral security for the redemption of all issues, until ten miles of said railroad shall have been completed. SEC. 18. It shall be the duty of the president and directors to President and report annually to the legislature of the Territory or State of directorsto Michigan, the true state and condition of said railroad, and when- legislature the state of the ever the net proceeds of said road shall have paid the cost of road, etc. erecting of the same, and all expenses in keeping the same in repair and operation, and fourteen per cent on all moneys so expended as aforesaid, the said road shall become the property of When said road the Territory or State, and be subject to the control of the legis- tobefree lature of said Territory or State, and shall become a free road, except sufficient toll to keep the same in repair, and after such period said bank shall be a separate and distinct institution. SEC. 19. Before the said bank shall commence operation under Railroad comthe provisions of this act, the said Detroit and St. Joseph railroad the stock to the company shall convey, by such instrument and form as shall be bank. approved by the governor of this Territory, to said bank, the entire stock of said railroad company, which shall stand as a security for the redemption of all notes and debts of said bank, which may be levied upon and sold for such debts in the manner provided for in the fourteenth section of this act. SEc. 20. That the Territory shall have the right, at any time, Territory to have the right after the expiration of twenty years from the completion of said topurchase railroad, to purchase and hold the same for the use of the Terri- said road. tory or State of Michigan, at a price not exceeding the original cost and expenses, and all fixtures and property connected with or attached to said railroad, and fourteen per centum thereon, of which cost an accurate account shall be kept, attested by the oath Account to be of the president, or some officer of said company, whenever and keptd of the cost as often as the legislature shall require the same. SEC. 21. This act is, and the same is hereby declared to be a Howthis act to public act, and that the same be construed in all courts and places be construed. benignly and favorably for every beneficial purpose therein mentioned. Approved August 25, 1835. 148 TERRITORIAL LAWS. 1835 5 AN ACT to incorporate the Detroit and Maumee railroad company. Commissioners SECTION 1. Be it enacted by the Legislative Council of the Terappointed. ritory of Michigan, That John R. Williams, Austin E. Wing, Levi Cook, James J. Godfroy, John Anderson, Salmon Keeney, John Biddle, John M'Donell, and Dan B. Miller, with authority to fill such vacancies as may occur in their own body, be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Detroit and Maumee railroad company, hereby incorBooks to be porated, and they may cause books to be opened at such times and opened and subscriptions re- places as they shall direct, for the purpose of receiving subscripceived. tions to the capital stock of said company, first giving reasonable notice of the times and places of taking said subscriptions. Capital stock SEC. 2. That the capital stock of said Detroit and Maumee rail$5oo.00o, in shares ofi 50. road company shall be five hundred thousand dollars, in shares of fifty dollars each; and that as soon as five hundred shares of said stock shall be subscribed, the subscribers of said stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be, and they are hereby created a body Created a body corporate and politic, by the name of "the Detroit and Maumee corporate and politic. Railroad Company" with perpetual successsion, and by that name May hold and shall be capable in law of purchasing, holding, selling, leasing, sell property, etc. and conveying estate, either real, personal, or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, May sue and be and no further; and in their corporate name may sue and be sued, sued, and have common seal. may have a common seal, which they may alter and renew at pleasure, and shall have, enjoy, and may exercise all the powers, rights, and privileges which appertain to corporate bodies for the purposes mentioned in this act. Power to con- SEC. 3. Said corporation hereby created, shall have power to Struct and use railroad. construct a single or double railroad from, at, or near the city of Detroit, in the county of Wayne, and from thence on the territorial road, selecting the most eligible route through the village of Monroe, to the Maumee Bay in the county of Monroe, and with power to transport, take, and carry property and persons upon the same, by the power and force of steam, of animals, or of any mechanical or other power, or any combination of theln. When this act SEC. 4. If said corporation shall not, within three years from the passage of this act, commence the construction of said railroad, and shall not, within seven years from the passage of this act, construct, finish, and put in operation said railroad, within the time above mentioned, then the rights, privileges, and powers of the said corporation under this act, shall be null and void. Election of SEC. 5. That whenever one hundred shares of the aforesaid directors. stock shall have been subscribed, if within two years after the passage of this act, the commissioners shall call a general meeting of the subscribers, at such time and place as they may appoint by giving sixty days' public notice of such meeting; and at such meeting the commissioners shall lay the subscription books before TERRITORIAL LAWS. 149 the subscribers then and there present, and thereupon the sub- 3 5. scribers or stockholders or a majority of them, shall elect nine directors by ballot, a majority of whom shall be competent to manage the affairs of said company; they shall have the power of Electionof electing a president of said company, either from amongst the president. directors or the stockholders, and in said election, and on every How stockoccasion wherein a vote of the stockholders is to be taken, every voltdersmay share shall entitle the holder thereof to one vote, and every stockholder may vote himself or by proxy. SEC. 6. That to continue the succession of president and direct- When president ors of said company, nine directors shall be chosen annually, bedchosen. on the first Monday of October, at such place as may be appointed by the directors, and if any vacancy shall occur, by death or otherwise, of any president or director, before the year for which he was elected shall have expired, a person to fill such vacant place for the residue of the year may be appointed by the directors of said company, or a majority of them. The directors of said company shall hold and exercise their office until a new election of president and directors. All elections which are by this act, or by If election be the by-laws of the company to be made on any particular day, if ppheld teday not made on such day, may be made at any time within thirty days thereafter. SEC. 7. That a general meeting of the stockholders of said Meetings to be company shall be held annually, at the time and place appointed heldannually. for the appointment of president and directors; and a meeting of extrameet. may be called at any time during the interval between said annual ings. meetings, by the president and directors, or by the stockholders owning not less than one-fourth of the whole stock, by giving thirty days' public notice of the time and place of meeting; and when any such meetings are called by the stockholders, the notice shall specify the particular object of the call; and if, at any meeting thus called, a majority in value of the stockholders are not present in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and if, within said three days, stockholders having Whenmeeting a majority of the stock do not attend such meeting, then'the same dissolved. shall be dissolved. SEc. 8. That at the regular annual meetings of the stockhold- When president ers of said company, it shall be the duty of the president and account. directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company. And to any called meeting of the stockholders, a majority of those present in person or by proxy may require similar statements from the president and directors, whose duty it shall be to furnish them when thus required; and at all general meetings of the stockholders, a President or directors may majority in value of all the stockholders in said company may be removed. remove from office any president, or any of the directors of said company, and may appoint others in their stead. SEC. 9. That every president and director of said company, Oath of president and dibefore he acts, as such, shall swear or affirm that he will well and rectors. truly discharge the duties of his office to the best of his skill and judgment. 150 TERRITORIAL LAWS. 18 3 5. SEC. 10. That the said president and directors, or a majority of them, shall have power to appoint, contract with, and determine May appointand the compensation of all such officers, engineers, agents, or servremove officers, ants whatsoever, as they may deem necessary for the transaction of the business of the company, and remove them at pleasure; Power to settle and the said president and directors, or a majority of them, shall accounts, make by-laws, etc. have power to determine the mann er of adjusting and settling all accounts against the company; also the manner and evidence of transfers of stock in said company, and they shall have power to pass all by-laws which they may deeml necessary for carrying into execution all the power vested in the company hereby incorporated: Provided, Such by-laws shall not be contrary to the laws of this Territory, or to the constitution or laws of the United States. Power to con- SEC. 11. That the president and directors of said company shall struct and keep be, and they are hereby invested with all the privileges, rights, and road in repair. t powers necessary for the location, construction, and keeping in repair of said railroad, not exceeding one hundred feet in width; Power to con- and the said president and directors, or their agents, or those with tract, to use, whom they may contract for making said road, or any part of it, and excavate anyland, etc. nmay enter upon, use, and excavate any land which may be wanted for the site of said railroad, or any other purpose which is necessary in the construction or repair of said road, or its works, so soon as the amount is ascertained and tendered as hereinafter providod. May agree for SEC. 12. That the president and directors of said company may maieral for agree with the owner or owners of any land, earth, timber, gravel, stone, or other materials, or any article whatsoever, which may be wanted in the construction or repair of said road, or any of its works, for the purchase or occupation of the same; and if such materials (not previously taken or appropriated by the owner to any particular use) as may be necessary for the construction or repair of said railroad, be found on any unimproved land, adjoinHow to proceed ing to or near the same, and if the parties cannot agree, or if the when parties owner or owners of any of them be a femme covert, under age, cannot agree. non compos mentis, or out of the county in which the property wanted imay lie, application may be made to any justice of the peace of such county, who shall thereupon issue his warrant under his hand and seal, directed to the sheriff of said county, or if the sheriff be interested, to some disinterested person, requiring him Jury to be sum- to summon a jury of twelve freeholders in the county, not in any moned, etc. way interested in the matter, or related to the parties, to meet on or near the property or materials to be valued, on a day named in said warrant, not less than five nor mnore than ten days after the issuing of the same, and if, at the same time and place, any of the persons summoned do not attend, the said sheriff, or suminoner, shall immediately summon as many as may be necessary, wvith the persons in attendance as jurors, to furnish a panel of twelve jurors, and fromn them, each party, or his, or her, or their agent or attorney, or if either be not present in person or by agent, the sheriff or sunmmoner for him, her, or them may strike off three jurors, and the remaining shall act as a jury of inquest of damages, and before they act as such, the sheriff, or summoner, TERRITORIAL LAWS. 11 shall administer to each of them an oath or affirmation, that they 8 3 5. will justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the land, materials, or property required by said company; and the said jury shall Inquisitionto be in writing reduce their inquisition to writing, and shall sign and seal the andsenttocirsame, and it shall then be sent to the clerk of the circuit court of cuit court. said county, and by the said clerk filed in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown, and when confirmed, the same shall be recorded by said clerk, at the expense of said company; but if set aside, said court may direct another inquisition to be taken in the manner above prescribed; said inquisition shall describe the property taken, or the bounds of the land condemned; such valu- Valuation tenation, when paid or tendered to the owner or owners of said prop- into ietn comerty, his, her, or their legal representatives, shall entitle said corn- pany, etc. pany to the estate and interest in the same thus valued as fully as if it had been conveyed by the owner or owners of the same, for such term of time as said company shall occupy the same as a railroad; and if the valuation be not received when tendered, it may, at any time thereafter, be received from the company without cost, and the sheriff or summoner and jurors shall be allowed the ordinary fees for like services, to be taxed by the court. SEC. 13. That whenever in the construction of said railroad, it When said road shall be necessary to cross or intersect any established road, it roador land, shall be the duty of the president and directors so to construct the company to said railroad across the established road as not to impede the pas- ways, etc. sage or transportation of persons or property along the same, or where it shall be necessary to construct it through the lands of any individual it shall be their duty to provide for such individual proper wagon ways across said road from one part of his land to another. SEC. 14. That if said company shall neglect to provide proper Neglect to wagon ways across said road, as required by the preceding section waysliabe for of this act, it shall be lawful for any individual to sue said corn- damages. pany, and shall be entitled to such damages as a jury may think him or her entitled to for such neglect or refusal on the part of the company. SEC. 15. That it shall be necessary for the said railroad com- May contract pany, in the selection of the route, or the construction of the said company for railroad, to be by them laid out and constructed, or any part of the,se of any road, bridge, it, to connect the same with any turnpike, road, or bridge made etc. or erected by any incorporated company, or authorized by any law of this territory, it shall be lawful for said president and directors to contract with any other corporation for the right to use such road, or bridge, or for transfer of any of the corporate or other rights and privileges of such corporation, to the said company hereby incorporated; and every such other corporation, Such contracts acting under the laws of this Territory, is hereby authorized to to bevalid. make such contract or transfer, by and through the agency of the person authorized by the respective acts of incorporation to exercise their corporate powers, or by any persons which are by any 152 TERRITORIAL LAWS. 1 8 3 5. law of this Territory entrusted with the management and direction of such turnpike, road, or bridge, or any of the rights or privileges aforesaid; every contract or transfer made in pursuance of the power and authority hereby granted, when executed by the several parties, under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges,'and the right to use and enjoy the same as fully as they are now used and enjoyed by said corporations in whom they are now vested. tower to pur- SEC. 16. That the said president and directors shall have power chase machines, etc. es, to purchase with the funds of the company, and place on any railroad constructed by them under this act, all machines, wagons, carriages, or vehicles of any description which they may deem necessary or proper for the purpose of transportation on said road; Power to tran- and that they shall have power to charge for tolls and transportasport property and persons, tion, such sums as shall be established by the laws of the company. receive toll, etc. hereby incorporated; and it shall not be lawful for any other company, or person, or persons, to transport any passengers, merchandise, or property of any description whatever, along said road, or any part of it, without the license or permission of the said presiPropertyvested dent and directors of said company; and the said road, with all In the company. their improvements, works, and profits, and all machinery used on said road for transportation, are hereby vested in said company incorporated by this act, and their successors forever; and the Shares consid- shares of the capital stock of said company shall be considered prodpertyanad personal property and shall be transferable agreeably to the laws liablefordebts. Of said company, and subject to be taken on execution agreeably,to such laws as are or may hereafter be in force. Mf dividends. SEC. 17. That the said president and directors shall, annually, or semi-annually, declare and make such dividend as they may deem proper, of the net profits from the resources of said company, deducting the necessary current expenses; and they shall make the dividend among the stockholders of said company in proper proportions to their respective shares. Personsinjuring SEC. 18. That if any person or persons shall willfully, knowsaid road liable for damages, ingly, and maliciously, by any means whatever, injure, impair, or destroy any part of the railroad constructed by said company under this act, or any of the necessary works, buildings, or machinery of said company, such person or persons so offending, shall, each of them, for every such offense, forfeit and pay to the company, a sum not exceeding three times the amount of damage caused by such offense, which may be recovered in the name of said company, by an action of debt in any court having competent jurisdiction in the county wherein the offense shall be committed, and shall also be subject to an indictment; and upon conviction of such offense, shall be punished by fine and imprisonment, at the discretion of the court. Right reserved SEC. 19. That the right and privilege is hereby reserved to the to connect other railroads with Territory or State of Michigan, or any company hereafter to be this road. incorporated under the authority of this Territory or State, to connect with the road hereby provided for, any other railroad TERRITORIAL LAWS. 153 leading from the main route, to any part or parts of the Territory 18 3 5. or State aforesaid: Provided, That in forming such connection Proviso. no injury shall be done to the works of the company hereby incorporated: Provided, further, That the said company, or companies so connecting may have the free use of said road by paying such a tariff of tolls as may be established by the legislature; and this corporation shall be entitled to the same rights and privileges to any and all roads hereafter connected. SEC. 20. That the Territory or State of Michigan shall have Right of territhe right at any time after the expiration of twenty years from the purchase said completion of said railroad to purchase and hold the same for the road. use of the Territory or State, at a price not exceeding the original cost of said road, and fourteen per cent thereon, of which cost an accurate account shall be kept and submitted to the legislature, duly attested by the oath of the officers of said company whenever, and as often as the legislature shall require the same. SEC. 21. That this act shall be favorably construed to effect the Construction of purposes thereby intended; and the same is hereby declared to be this act. a public act; and copies thereof, printed by authority of the Territory, shall be received as evidence thereof. Approved August 25, 1835. AN ACT to amend an act entitled "An act to authorize the building of a dam across the Flint river," approved March thirty, one thousand eight hundred and thirty-five. SECTION 1. Be it enacted by the Legislative Council of the Terri- Provision requiring a lock, tory of Michigan, That so much of the act entitled "An act to repealed. authorize the building of a dam across the Flint river," approved March thirty, one thousand eight hundred and thirty-five, as provides for a lock in said dam, is hereby repealed; Provided, the person who shall erect the said dam shall build a sufficient apron, not less than sixteen feet in width, for the passage of all rafts. Approved August 25, 1835. AN ACT to amend an act to incorporate the Maumee Branch railroad company. SECTION 1. Be it enacted by the Legislative Council of the Terri- Companymay tory of Michigan, That the Maumee Branch railroad company are ntd incrheasead hereby authorized to extend said railroad through the southern capitalstock. tier of counties in Michigan Territory to the mouth of Gallain river on Lake Michigan, and for that purpose and no other, said company are hereby authorized to increase their capital stock to any amount not exceeding fifteen hundred thousand dollars. SEC. 2. So much of said road as lies between the mouth of the What shall Maumee river and the point where said road shall intersect the 1st, 2d, and 3d Erie and Kalamazoo railroad, shall constitute the first section of sections of said said road; so much of said road as lies between said intersection 20 154 TERRITORIAL LAWS. 1835. and the eastern boundary of St. Joseph county, shall constitute the second section of said road, and the residue of said road shall constitute the third section thereof. Whenthisact SEC. 3. If the second section be not commenced within five to be void. years, and completed within fifteenr years from the passage of this act, and if the third section shall not be conmnenceed within fifteen years, and completed within twenty-five years from the passage of this act, then, in either case, this act shall be null and void, so far as it relates to such unfinished part or parts, and no further. Approved August 25, 1835. AN ACT to locate the seat of justice for the county of Genesee. Location of the SECTION 1. Be it enacted by the Legislative Council of the Terseat of justice of Genesee ritory of Michgan, That the seat of justice for the county of county. Genesee, shall be located on the west side of the Saginaw turnpike, on lands recently deeded by John Todd and wife, to otie Wait Beach; known as the Todd farm, at Flint river, at a point commencing at or within twenty rods of the center of said described land on said turnpike; Provided, The proprietor or proprietors of said land shall, within six months from the passage of this act, execute to the supervisors and their successors in office, for the use of said county, a good and sufficient deed of two acres of land for a court house and public square, one acre of ground for a burial ground, two churches and two school lots of common size. Approved August 25, 1835. AN ACT to amend the act entitled "An act to provide for defraying the public and necessary expenses in the respective counties of this Territory, and for other purposes." Meetings of the SECTIONT 1. Be it enacted by the Legislative Council of the TerBioardofSuper ritory of Michigan, That the meeting of the boards of supervis — ors, in the several counties in this Territory, for the year one thousand eight hundred and thirty-five, shall be held on the second Monday of October, instead of the first Monday of October, as now provided by law; which meetings of said boards shall be held at the places where the same would have been held, if this act had not passed. Approved August 25, 1835. AN ACT to authorize the building of a dam across the St. Joseph river, at Niles. Authority to SECTION 1. Be it enacted by the Legislative Council of the Terribuild a dam. tory of Michigan, That Tallman Wheeler, H. B. Hoffman, C. W.. Hoffman, Jacob Beeson, Obed Phacy, and C. 1i. Green, and their TERRITORIAL LAWS. 155 associates, and their heirs and assigns, are hereby authorized and 1835. empowered to build a dam across the St. Joseph river, at Niles, in Berrien county. SEc. 2. The said dam shall not exceed five feet in height above Size and concommon low water mark, and shall contain a convenient lock for dam and lock. the passage of boats, barges, canoes, rafts, or other water craft, not less than one hundred and ten feet in length, and twenty-two feet in width, and so constructed as to receive water craft and rafts in slack water of sufficient depth below the Niles Ripple, and pass them to slack water of sufficient depth above said ripple, for all the purposes of navigation upon said river. SEC. 3. It shall be the duty of the grantees, at all times, to Lock to be kept keep said lock in repair, and to pass any water craft or raft, which in repair. can be admitted therein, through the same, free from toll, after the building of said damn shall have been so far prosecuted as to obstruct the navigation of said river; and the said grantees shall When grantees liable for dambe liable to the owner or master of any water craft or raft, in ages. double the amount of damages such owner or master may sustain from such unnecessary detention of said water craft or raft, at said lock, to be recovered, with cost of suit, before any court having competent jurisdiction. SEC. 4. Any person who shall, at any time, destroy, or in any Liabilityof wise injure said lock or dam, shall be deemed to have committed persondinjuring or said dam. a trespass upon the said grantees, and be liable accordingly; and any person who shall willfully and maliciously destroy or injure said lock or dam, shall be deemed guilty of a misdemeanor, and on conviction be punished by fine and imprisonment in the discretion of the court; Provided, The imprisonment shall not exceed the term of three months. SEc. 5. Nothing herein contained shall be so construed as to Howthis act authorize the said grantees to enter upon or flow the lands of any construed. other person, without the consent of such person; and the legisla- Of amendments. ture may, at any time, so alter and amend this act as to provide for the further improvement of the navigation of the said St. Joseph River. Approved August 25, 1835. AN ACT to amend an- act entitled "Au act to incorporate the Shelby and Detroit railroad company, approved March seven, one thousand eight hundred and thirty-four." SECTION 1. Be it enacted by the Legislative Council of the Ter- Provision of ritory of Michigan, That the provisions of the above recited act the act.ex be, and they are hereby continued and extended for the term of two years from and after the seventh day of March, one thousand eight hundred and thirty-six, any law to the contrary notwithstanding. Approved August 25, 1835. 156 TERRITORIAL LAWS. 1835. AN ACT to incorporate the Maumee Branch railroad company. Commissioners SECTION 1. Be it enacted by the Legislative Council of the Terappointed. ritory of Michigan, That David White, Salmon Kinney, Jacob A. Barker, John T. Hudson, Stephen G. Austin, John W. Clark, and Charles Townsend be, and they are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the Maumee Branch railBooks to be road company hereby incorporated; and they may cause books to opened and subscriptions be opened, at such times and places as they shall direct, for the received. purpose of receiving subscriptions to the capital stock of said company, first giving reasonable notice of the times and places of taking said subscriptions. Capital stock SEC. 2. That the capital stock of the said. Maumee Branch rail5100,000 in shares of Wo. road company, shall be one hundred thousand dollars, in shares of fifty dollars each; and that as soon as one thousand shares of said stock shall be subscribed, the subscribers of said stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be, and they are hereby created Created a body a body corporate and politic, by the name of the "Maumee Branch corporate and politic may Railroad Company," with perpetual succession, and by that name hold and sell shall be capable in law of purchasing, holding, selling, leasing, and conveying estate, either real, personal, or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, May sue and and no further; and in their corporate name may sue and be sued, be sued and have common may have a common seal, which they may alter and renew at pleasseal. ure, and shall have, enjoy, and may exercise all the powers, rights, and privileges which appertain to corporate bodies, for the purposes mentioned in this act. Power to con- SEC. 3. Said corporation hereby created, shall have power to struct and use railnroad construct a single or double railroad from, at, or near the mouth of the Maumee river, in the county of Monroe, and from thence on an eligible route until the same shall intersect the Erie and Kalamazoo railroad; and to connect with and use the Erie and Kalamazoo railroad, or any part of it when completed, according to the provisions of the nineteenth section of the act incorporating said Erie and Kalamazoo railroad; and with power to transport, take, and carry property and persons upon the Erie and Kalamazoo railroad, or upon any part of it, when completed, and upon the railroad herein authorized to be constructed, by the power and force of steam, of animals, or any mechanical or other power, or any combination of them. When this act SEC. 4. If said corporation shall not, within two years after the to bevoid. completion of the first section of the Erie and Kalamazoo railroad, commence the construction of the said railroad, and shall not, within four years after the completion of the first section of the Erie and Kalamazoo railroad, construct, finish, and put in operation said railroad, then the rights, powers, and privileges of said company shall cease and be void. Election of SEC. 5. That whenever one hundred shares of the aforesaid directors. stock shall have been subscribed, if within two years after the TERRITORIAL LAWS. 157 passage of this act, the commissioners shall call a general meet- 3 5. ing of the subscribers, at such time and place as they may appoint, by giving sixty days' public notice of such meeting; and at such meeting the commissioners shall lay the subscription books before the subscribers then and there present, and thereupon the subscribers or stockholders, or a majority of them, shall elect seven directors by ballot, a majority of whom shall be competent to manage the affairs of said company; they shall have the power of Electionof electing a president of said company, either from amongst the president. directors, or the stockholders, and in said election, and on every occasion wherein a vote is to be taken, every share shall entitle the How stockholder thereof to one vote; and every stockholder may vote him- holders may self or by proxy. SEC. 6. That to continue the succession of president and direct- When president ors of said company, seven directors shall be chosen annually, on eddirectors to the first Monday of October, at such place as may be appointed by the directors, and if any vacancy shall occur by death or otherwise, of any president or director, before the year for which he was elected shall have expired, a person to fill such vacant place, for the residue of the year, may be appointed by the directors of said company, or a majority of them. The directors of the said company shall hold and exercise their offices until a new election of president and directors. All elections which are by this act, If election be or by the by-laws of the company, to be made on any particular not hnet on day day, if not made on such day, may be made at any time within thirty days thereafter. SEC. 7. That a general meeting of the stockholders of said Meetings to be company shall be held annually, at the time and place appointed, held annually. for the appointment of president and directors; and a meeting Of extrameetmay be called at any time during the interval between said annual ings. meetings, by the president and directors, or by the stockholders owning not less than one-fourth of the whole stock, by giving thirty days' public notice of the time and place of meeting; and when any such meetings are called by the stockholders, the notice shall specify the particular object of the call; and if, at any meetings thus called, a majority in value of the stockholders are not present, in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and if within said three days, stockholders having a When meeting majority of the stock, do not attend such meeting, then the same dissolved shall be dissolved. SEC. 8. That at the regular annual meetings of the stockhold- When president and directors to ers of said company, it shall be the duty of the president and account. directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company. And at any called meeting of the stockholders, a majority of those present, in person or by proxy, may require similar statements fromn the president and directors, whose duty it shall be to furnish them, when thus required; and at all general meetings of the stockhold- When president ers, a majority in value of all the stockholders in said company, beor directmoed.rs may may remove from office any president, or any of the directors of said company, and may appoint others in their stead. 158 TERRITORIAL LAWS. 1 83h 3 SEc. 9. That every president and director of said company, Oath of presi- before he acts as such, shall swear or affirm that he will well and decntosnddi- truly discharge the duties of his office, to the best of his skill and judgment. May appoint SEC. 10. That the said president and directors, or a majority of and remove officers, agents, them, shall have power to appoint, contract with, and determine etc. the compensation of all such officers, engineers, agents, or servants whatsoever, as they may deem necessary for the transaction of the business of the company, and remove them at pleasure; To settle ac- and the said president and directors, or a majority of them, shall bcounts, make have power to determine the manner of adjusting and settling all accounts against the company; also the manner and evidence of transfers of stock in said company; and they shall have power to pass all by-laws which they may deem necessary for carrying into execution all the powers vested in the company hereby incorporated: Provided, Such by-laws shall not be contrary to the laws of this Territory, or of the constitution or laws of the United States. To construct SEC. 11. That the president and directors of said company shall roand in reepair. be, and they are hereby invested with all the privileges, rights, and powers necessary for the location, construction, and keeping in repair said railroad, not exceeding one hundred feet in width; and May contract the said president and directors, or their agents, or those with for, use, and whom they mav contract for making said road, or any part of it, land, etc. may enter upon, use, and excavate any land which lmay be wanted for the site of said railroad, or any other purpose which is necessary in the construction or repair of said road, or its works, so soon as the amount is ascertained and tendered, as hereinafter provided. May agree for SEC. 12. That the president and directors of said company may materials, etc. agree with the owner or owners of any land, earth, timber, gravel, stone, or other materials, or any article whatsoever, which may be wanted in the construction or repair of said road, or any of its works, for the purchase or occupation of the same; and if such materials (not previously taken or appropriated by the owner to any particular use) as may be necessary for the construction or repair of said railroad, be found on any unimproved land, adjoinHow to proceed ing to, or near the same, and if the parties cannot agree, or if the when parties cannot agree. owner or owners of any of them be a femme covert, under age, non compos mentis, or out of the county of which the property wanted may lie, application may be made to any justice of the peace of said county, who shall thereupon issue his warrant, under his hand and seal, directed to the sheriff of said county, or if the sheriff be interested, to some disinterested person, requiring him to sum-.Jury to be sum. mon a jury of twelve freeholders in the county, not in any way moned, etc. interested in the matter, or related to the parties, to meet on or near the property or materials to be valued, on a day named in said warrant, not less than five, nor more than ten days after the issuing of the same, and if at the said time and place, any of the persons summoned do not attend, the said sheriff, or summoner, shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from them each party, or his, or her, or their agent, TERRITORIAL LAWS. 159 or attorney, or if either be not present in person or by agent, the 1835. sheriff or summoner for him, her, or them, may strike off three jurors, and the remaining shall act as a jury of inquest of damages; and before they act as such, the sheriff or summoner shall administer to each of them, an oath or affirmation that they will justly and impartially value the damages which the owner or owners will sustain, by the use or occupation of the land, materials, or property, required by said company; and the said jury shall reduce their inquisition to writing, and shall sign and seal the Inquisitionto be in writing same, and it shall then be sent to the clerk of the circuit court and sent to cirof said county, and by said clerk filed in his office, and shall be cuit court. confirmed by said court at its next session, if no sufficient cause to the contrary be shown; and when confirmed, the same shall be recorded by said clerk, at the expense of said company; but if set aside, said court may direct another inquisition, to be taken in the manner above prescribed. Said inquisition shall describe the Valuationtenproperty taken, or the bounds of the land condemned. Such val- to vest In com uation, when paid or tendered to the owner or owners of said pany, etc. property, his, her, or their legal representatives, shall entitle said company to the estate and interest in the same, thus valued, as fully as if it had been conveyed by the owner or owners of the same, for such term of time as said company shall occupy the same as a railroad; and if the valuation be not received when tendered, it may at any time thereafter be received from the comipany without cost; and the sheriff or suninioners and jurors shall be allowed the ordinary fees for like services, to be taxed by the court. SEC. 13. That whenever in the construction of said railroad, it When company shall be necessary to cross or intersect any established road, it to makew'agon shall be the duty of said president and directors so to construct the said railroad across such established road as not to impede the passage or transportation of persons or property along the same, or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individnal, proper wagon ways across said road fromn one part of his land to another. SEc. 14. That if said company shall neglect to provide proper Neglect to make wagon wagon ways across said road, as required by the preceding section ways liable for of this act, it shall be lawful for any individual to sue said com- damages. pany, and shall be entitled to such damages as a jury may think him or her entitled to, for such neglect or refusal on the part of the company. SEC. 15. That if it shall be necessary for the said railroad com- President and pany, in the selection of the route, or the construction of the said diretctors may railroad to be by them laid out and constructed, or any part of it, any other company for the use to connect the same with any turnpike, road, or bridge, made or of any road, erected by any incorporated company, or authorized by any law of bridge, etc. this Territory, it shall be lawful for said president and directors to contract with any other corporation for the right to use such road or bridge, or for transfer of any of the corporate or other rights and privileges of such corporation, to the said company hereby 160 TERRITORIAL LAWS. 1835. incorporated; and every other such corporation, acting under the laws or this Territory, is hereby authorized to ilake such contract or transfer, by and through the agency of the person authorized by the respective acts of incorporation to exercise their corporate powers, or by any persons which are, by any law of this Territory, entrusted with the management and direction of such turnpike, road, or bridge, or any of the rights or privileges aforesaid. Every Such contracts contract or transfer made in pursuance of the power and authority tobevalid. hereby granted, when executed by the several parties, under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the right to use and enjoy the same, as fully as they are now used and enjoyed by said corporations, inll whom they are now vested. May purchase SEC. 16. That the said president and directors shall have power machines, etc. to purchase, with the funds of the company, and place on the Erie and Kalamazoo railroad, or on any railroad constructed by them under this act, all machines, wagons, carriages, or vehicles of any description, which they may deem necessary or proper for the purpose of transportation on said road or roads; and that they shall Power to trans- have power to charge for tolls and transportation, such sums as port property shall be established by the by-laws of the company hereby incorand receivetoll. porated ~ and it shall not be lawful for any other company, or person, or persons to transport any passengers, merchandise, or property, of any description whatever, along said road, or any part of it, without the license or permission of said president and directPropertyvested ors Of said company; and the said road, with all their improvein the company. ments, works, and profits, and all the machinery used on said road for transportation, are hereby vested in said company incorporated Sharesconsid- by this act, and their successors forever; and the shares of the red persoandal capital stock of said company shall be considered personal propliable for debts. erty, and shall be transferrable agreeable to the by-laws of the company. Of dividends. SEC. 17. That the said president and directors shall annually, or semi-annually, declare and make such dividend as they may deem proper, of the net profits from the resources of the said company, deducting the necessary current expenses; and they shall make the dividend among the stockholders of said company, in the proper proportions to their respective shares. Persons injur- SEC. 18. That if any person or persons shall willfully, knowingly, liable for dam- and maliciously, by any means whatever, injure, impair, ordestroy ages, etc. any part of the railroad constructed by said company under this act, or any of the necessary works, buildings, or machinery of said company, such person or persons so offending, shall, each of them, for every such offense, forfeit and pay to the company, a sum not exceeding three times the amount of damages caused by such offense, which may be recovered in the name of said company, by an action of debt in any court having competent jurisdiction in the county wherein the effense shall be committed, and shall also be subject to an indictment; and upon conviction of such offense, shall be punished by fine and imprisonment, at the discretion of the court: Provided, That the term of imprisonmnent shall not, in any case, exceed three months. TERRITORIAL LAWS. 161 SEC. 19. That the right and privilege is hereby reserved to the 1 8s 3 5. Territory, or any company hereafter to be incorporated under the Right reserved authority of this Territory, to connect with the road hereby pro- toconnectother railroads with vided for, any other railroad leading from the main route to any this road. part or parts of the Territory: Provided, That in forming such connection, no injury shall be done to the works of the company hereby incorporated: Provided, further, That the said company Proviso. or companies so connecting, may have the free use of said road by paying such a tariff of tolls as may be established by the legislature; and this corporation shall be entitled to the same rights and privileges to any and all roads hereafter connected. SEC. 20. That the Terrritory shall have the right, at any time, Right of terriafter the expiration of twenty years from the completion of the said railroad.se said railroad, to purchase and hold the same for the use of the Territory, at a price not exceeding the original cost of said road, and fourteen per cent thereon; of which cost an accurate account shall be kept and submitted to the legislative council, duly attested by the oath of the officers of said company, whenever, and as often as said council shall require the same. SEC. 21. The property of every individual member of the said Members' property liable for corporation, vested in said corporate funds, shall be liable in the debts. same manner as other personal property is liable by the laws of this Territory, to the payment and satisfaction of his just debts, to any of his bona fide creditors; and when any execution shall issue against the personal property of any such individual member, and the creditor is desirous that the same should be levied upon the property of such debtor, in said corporate funds, the officer to whom such execution may be directed, may levy the same, by leaving with the president an attested copy of such execution, and a written notice that the said execution is levied upon the property of the said debtor in said corporate funds; and such property thus Process for levied upon, shall be sold in the same manner as is, or shall by selling same. law be provided for the sale of personal property taken in execution; and such corporate funds, thus levied upon and sold, shall be transferred to the purchaser by entering in the proper book of such corporation, a copy of said execution, and a statement of the sale of such property by virtue thereof, which entry the officer serving such execution, shall be permitted to make: Provided, Proviso. That no property vested in said corporate funds, shall be thus taken and sold until all debts due to the said corporation by such debtor shall be fully paid and discharged; and upon any execution being levied on any shares in said corporation, it shall be the duty of the president or secretary of said corporation to expose the proper book of the corporation to the officer, and to furnish him with a certificate, under his hand, in his official capacity, stating the number of shares'the debtor holds in the said corporation, and the amount of dividends thereon due. SEC. 22. That this act shall be favorably construed to effect Construction of the purposes thereby intended, and the same is hereby declared to this act. be a public act; and copies thereof, printed by authority of the Territory, shall be received as evidence thereof. Approved August 22, 1835. 21 162 TERRITORIAL LAWS. 1835- AN ACT to provide for the compensation of the officers of the special session of the sixth legislative council, and for other purposes. To J. McDonell SECTION 1. Be it enacted by the Legislative Council of the Terfor expenses and pay officers. ritory of Michigan, That there shall be allowed to John McDonell, the president of the legislative council, the sum of twelve hundred and twenty-one dollars and fifty cents, for expenses incurred for the pay of officers of said council, and which shall include all other services with the exception of printing and translation performed during the present special session of the legislative council. J. Norvell. To John Norvell, for postage, thirty dollars and sixty cents. J. B. Vallee. To J. B. Vallee, for translating governor's message, twenty-five dollars. S. Wells. To Stephen Wells, for stationery, fifty-two dollars and twentyfive cents. L. Hall. To Lewis Hall, for stationery, sixty dollars. E. P. Hastings. To E. P. Hastings, for disbursements by directions of the president of the legislative council, for repairing and securing the basement story of the capitol, and enclosing the same, and fitting up the room in said building, for the district court of the United States, fifteen hundred dollars. J. McDonell for To the president of the legislative council, for the publishers of newspapers. the National Intelligencer, the Globe, and United States Telegraph, twenty-four dollars. A. H. Stowell. To A. H. Stowell, for stationery, one hundred and ninety-two dollars and sixty-three cents. Moore and To Moore and Chandler, for repairs to the capitol, eighty-six Chandler. dollars. A. Morton and To A. Morton and Son, Addison Phillio, Albert G. Ellis, nothers for pub- Edward D. Ellis, George Corselius, Sheldon McKnight, and George L. Whitney, for having published the laws of the extra session in their respective papers, twenty-five dollars each. H. Hallock. To Horace Hallock, for stationery, five dollars. S. M'Knight. To Sheldon McKnight, the sum of three hundred dollars, for printing bills, journals, and other documents, for the priesent special session of the legislative council, and for printing the laws and journals of the same in pamphlet form, which shall include stitching and binding, to be paid by the fiscal agent on the certificate of the president of the council certifying that the same has been duly performed. C. W. Whipple. To Charles W. Whipple, secretary of the legislative council, for making an index and marginal notes to the laws and journal, passed at the present special session of the legislative council, and furnishing copy of the journal for the press, and for bringing up and completing the journal of the last and present special session of the legislative council, recording the legislative and executive journals, one hundred and twenty-five dollars, which shall be paid by the fiscal agent, on the certificate of the president of the legislative council, certifying that the same has been performed, which is not included in the item specified in the first clause of this act. To publishers of all papers now published in this Territory, for TERRITORIAL LAWS. 163 publishing the laws of the present special session of the legislative 183 5 council, in the respective papers, ten dollars each: Provided, TothepublishThat the publication of the same commences immediately after ers of papers for publishing the receiving copies of the same from the secretary of the Territory, laws. which compensation and allowance shall include the current Proviso. accounts of the auditor and treasurer of the Territory, furnished by them on the first day of the next session of the legislature, together with all circulars issued by the auditor relative to the territorial revenue, which compensation and allowance shall also include the proclamations from the executive and all general militia orders, or other documents published by authority; that no extra allowance shall be made to any publisher of a newspaper, hereafter, for the publication of separate copies of any such documents, unless when the executive of the Territory or State shall deem it indispensably necessary, as shall appear by his written instruction to such publisher; which said sums shall be paid by the fiscal agent, on the affidavit of such publisher, made before competent authority, that he has actually performed the services. Approved August 25, 1835. INDEX. INDEX. A. ACTS: repealing enactment of, 82. repealing enactment of, 92. ADULTERY: penalty for, 25. ALIENS: an act repealing an act concerning, 60. ALLEGAN: county of, act organizing, 136. APPROPRIATION S: an act concerning certain, 10. salary of clerk of Supreme and of district courts, 10. treasurer and secretary Legislature, 10. miscellaneous, 10, 11. erection of court-house and prison, 11. an act making certain, for 1805, 6, and 7, 12.. an act making certain, 15. an act making certain, 19. an act making, for the year 1808, 20. an act to repeal certain, 20. an act in addition to an act making, for the year 1808, 34. an act relating to, 38. for the year 1808 and 1809, act making, 84. an act making certain, 91. for expenses in sustaining laws of Michigan in disputed territory, 122. act making certain, 137. act making certain, 162. APPEALS: repealing act concerning, 83. from justice, to Supreme court, 98. ARBITRATORS: when case may be submitted to, 98. ARSON: what constitutes, 22. penalty for, 22. ATTORNEY GENERAL: act concerning, appointment and duties of, 15. salary of, 17. fees allowed, 89. ATTORNEYS: an act concerning, 62. an act to fix the compensation of, 93. ATTACHMENTS: an act concerning, 13. by whom issued, and how, 13. writ of, may be served on Sunday, 14. 168 INDEX. AUCTIONS (Continued): an act concerning, 57. repealing act concerning, 83. an act concerning service of writs of, 92. AUCTIONS: an act to repeal certain parts of act relative to, 12. license reduced, 13. returns, when made, 13. an act concerning, 52. auctioneers, appointment of, duties and powers, 52-53. repealing act concerning, 83. B. BANK: of Detroit, act concerning, 7; capital stock, 7. body corporate, name, officers of, 7. lands, condition of holding land, 9. bills to be received by territory, 9. subscription for stock by the territory, 9. private, restrained from issuing bills, etc., 28. River Raisin & Grand River Railroad authorized to establish, 118. Macomb & Saginaw Railroad Co., authorized to establish, 129. Detroit and St. Joseph Railroad Co., authorized to establish, 142. BONDS: of recognizance, power of court, etc., 33. BABY, DAPERON, act relating to administration of estate of, 141. BURGLARY: what constitutes, and penalty for, 23. C. CENSUS: school, how taken, etc., 91. CONTRACTS, gambling, void, 29. interest on, act concerning, 61. CONVEYANCE, fraudulent, penalty for, 28. COMPENSATION: an additional act concerning, 38. COUNTERFEITING: of coins, and penalty for, 26. bank bills, and penalty for, 26. COUNTIES: Allegan and Milwaukee, act to organize,446. relative to paying expenses of, ICOUNTY: Genesee, to locate seat of justice of, 154. COURTS: an additional act concerninug district, 15. an act repealing part of the additional act concerning district, 17. power of relative to bonds of recognizance, 33. an additional act concerning district, passed April 2, 1807, repealed, 43. an act concerning the Supreme, of the Territory, 57. district, an act concerning, 62. repealing act concerning Supreme, 83. repealing act concerning district, 83. repealing additional act concerning, 83. fees allowed judges of district, 85. fees allowed clerk supreme, 86. fees allowed clerk district, 87. INDEX. 169 COURTS (Continued): fees allowed judge of probate, 89. fees allowed register of probate, 89. an act to fix compensation of attorneys, etc., in Supreme, 93. an act to abolish district, etc., 98. Supreme, jurisdiction of, 102. CRIMES AND MISDEMEANORS: an act for the punishment of. 22. what are, 22 to 31. D. DAMS: across the Manitoowoc, building of, authorized, 134. Niles, authorizing across St. Joseph river at, 154. Flint river, amendatory of act authorizing across, 153. DEBTORS: concealed or absconding, act concerning trustees of, 60. DEBTS: an additional act concerning the recovery of small sums, 18. repealing act concerning recovery of, 83. repealing act concerning recovery of small, 83. DEEDS: recording of, and other writings, act concerning, 60. wife's signature to, 60. right of dower released, 61. given by non-residents, 61. register of, Detroit, to turn over records, 61. repealing act concerning recording of, 83. register of, fees allowed, 89. DEFAMATION OF CIVIL AUTHORITY: penalty for, 26. DEFENDANTS: absent, an act concerning, 13. out of territory and not appearing, 14. case against against absent, may be reopened, 14. to have witnesses, etc., 32. repealing act concerning absent, 83. DELEGATE TO CONGRESS: act to amend acts regulating election of, 123. election of, when and how, 123. DEPOSITIONS: an act concerning, 54. when and how taken, form of, 54. attorneys, or interested persons forbidden to draw, 56. DETROIT: town of, act concerning, 3. city of, act concerning, 3; boundaries, 3; mayor, 3. councils, election, qualification of voters, 3. powers and duties of officers of, 4. lands belonging to minors, how allotted, 5. register of deeds, 6. town of, an additional act concerning, 19. encouragement of literature in, repeal of act for, 34. donation lots in city of, act concerning limitations to claims for, 34. road from to foot of rapids of Miami, act for laying out, etc., 35. register of deeds of, to turdee ds ofver records, tetc., 61. repealing act concerning city of, 83. DETROIT & ST. JOSEPH RAILROAD CO.: act amending act of incorporation, 124. authorized to establish bank and provisions relative to same, 142-147. when to become property of territory, 147. territory may purchase, 147. 22 170 INDEX. DETROIT & MAUMEE RAILROAD CO.: act incorporating, 148. prescribed line of, 148. when this act to be void, 148. E. ENCLOSURES: an act regulating, 80. lawful, defined, 80. fence viewers. appointment and duties of, 81. act declaring what shall be lawful, etc., 94. ESTATES: an act for the settlement of testate and intestate, 46. ESTRAYS: act concerning, etc., 94. EXECUTIONS: an act concerning, 57. manner of serving, 58. exemptions, 58. when body of debtor may be taken, 58. F. FALSE WITNESS: definition of and penalty for, 22. FEES: an addition act concerning compensations, 17. of judges, 17; how taxed and collected, 17. for surveying, 18. part of act regulating, of justices repealed, new schedule, 18. of attorney, of witness, 18. an additional act concerning compensations of justices of the peace, 18. an act regulating, 85. allowed various officials, 85-89. penalty for over charging, 90. an act to fix, of attorneys and counsel, 93. FENCES: an act concerning, 94. FERRIES. an act to repeal certain parts of acts relating to, 12. an act concerning, 51. repealing act concerning, 83. FLINT RIVER: act relative to damn across, 153. FORCIBLE ENTRY AND DETAINER: an act concerning, 68. who to try, 68; warrant to issue when, 69. treble damages, when recoverable, 70. appeal in case of, to Supreme court, 70. act concerning, 103. forms used in proceedings for, 105. FORGERY: what constitutes and penalty for, 24-25. FORMS: of deposition, 54. of writs and other process, act concerning, 71. G. GENESEE: county of, to locate seat of justice of, 154. GOAL: breaking of, penalty for, 27. GAMBLING: contracts, etc., void, 29. INDEX. 171 H. HIGHWAYS AND ROADS: an additional act concerning, 10. an act concerning, 43. highway districts, how constituted, 43. surveyor of, powers and duties, 43. work on, amount and who liable, regulations for, 44. damages for, how assessed, 45. HORSE STEALING: penalty for, 24. ILLEGITIMATE CHILDREN: an act for the maintenance and support of, 46. persons accused of begetting, action in case of, 46. act concerning, 93. INQUESTS: an act directing mode of taking, 48. jury in case of, how summoned, duty of, 48-49. INTERNAL GOVERNMENT: an act concerning, of territory, 96. INTEREST: on contracts, an act concerning, 61. J. JAILS: act concerning, and jailors, 57. JURIES, grand, in criminal cases, 31. may find verdict of manslaughter, when, 32. repealing act concerning grand, 83. repealing act concerning, 83. JURORS: right of challenge in criminal cases, 31. an act concerning, 66. grand, number of and how summoned, 66. for supreme and district courts, 67. record of, 67. not to be summoned again within a year, 67. fees allowed grand, 87. fees allowed petit, 87. JUSTICES OF THE PEACE: jurisdiction of, in criminal cases, 32. appeal from, 33. an act defining powers of, in civil cases, 54. repealing act concerning, 83. fees allowed, 86. act to define and regulate powers, duties, and jurisdiction of, in criminal and civil matters, 98. removal of, from district, 100. fees allowed, 101. K. Knowing a woman child under eleven unlawfully, penalty for, 23. L. LANDS: act to authorize the sale of certain, 111. LEGISLATIVE BOARD: who to compose, when to meet, 21. LEGISLATIVE COUNCIL: concerning election of, 123. act to provide for compensation of, of officers of, 162. t172 INDEX. LEGISLATURE: an act to fix the time of meeting, of the Territory of Michigan, 21. who to compose, 21. appropriation for officers of, and other expenses, 34. repealing acts relative to manner of authenticating acts of, 92. LICENSES: for what required, 38. honw granted, 38. penalty for failure to obtain, 38. LIMITATIONS: an act for the, of suits on penal statutes, criminal prosecutions, and actions at law, 62. of suits before district courts, 101. LITERATURE: an act to repeal an act for the encouragement of, in the town of Detroit, 34. LOANS: act to authorize a certain, 123. LOTTERIES: private, restrained, etc., 29. authorized for the purpose of establishing road, 35. M. MACOMB & SAGINAW RAILROAD: act to incorporate, 124. commissioners appointed to receive subscriptions, 124. capital stock, 124. powers and duties of company, 124, 125, 128. officers of, election, powers and duties, 124-129. authorized to establish bank and provisions governing same, 129. term of charter and when to be void, 133. right of purchase by territory, 134. MANITOOWOC RIVER: dam across authorized, 134. MANSLAUGHTER: what constitutes and penalty for, 23. MARSHAL: provision as to collection of taxes by, 12. an act repealing part of act relative to, 19. one for Territory and one for each judicial district, 19. an act concerning, adopted July 10, 1805, repealed, 33. allowance for collection of tax, 42. duty of, in case of inquests, 48. an act concerning, 60. repealing certain act concerning, 83. repealing additional act concerning, 83. fees allowed, 87. fees allowed, vice, 88. fees allowed district, 88. MAUMEE BRANCH RAILROAD CO.: act amending act incorporating, 153. increase capital stock, 153. defining 1st, 2nd, and 3rd sections of, 153. when act to be void, 154. act incorporating the, 156. commissioners appointed to receive subscriptions, 156. prescribed line of, 156. MAYHEM: what constitutes and penalty for, 23. MERCHANDISE: an act to repeal certain parts of act relative to retailers of, 12. license reduced, 12. repealing act concerning, 83. INDEX. 173 MILITIA: of Michigan, act concerning, 10. fines, how appropriated, 10. an act in addition to an act concerning, 36. requisition of President for, Governor to detail, 36. regulations concerning, 37. of the Territory, act concerning, 54. repealing act concerning, 83. MILWAUKEE: county of, act organizing, 136. MINORS: an act concerning, 59. guardian for, how and when appointed, powers and duties of, 59. MONEY: cut or mutilated, passing of forbidden, etc., 29. MONROE: amending act incorporating village of, 141. MURDER: definition of and penalty for, 22. arson with, definition of and penalty for, 22. N. NORTHWESTERN & INDIANA TERRITORIES: limitation of force of laws of, 84. 0. OFFICE: person holding one under U. S. not eligible to territorial, 97. OFFICER: impeding in execution of duty, penalty for, 27. OVERSEERS: of the poor, duties, etc., 90. P. PARLIAMENT: act repealing all acts of, 97. PROCLAMATI ON: obstructing person in making, etc., 30. PEACE: breaking of, penalty for, etc., 31. PEN ALTIES: for crimes and misdemeanors, 22-31. death, how inflicted, 32. PERJURY: what constitutes and penalty for, 24. subornation of, and penalty for, 24. indictments for, how set out, 24. POOR: an act for the support of, 46. repealing act concerning, 83. overseers of, duties, etc., 90. R. RAILROADS: act to incorporate River Raisin and Grand River, 112. act incorporating Macomb & Saginaw company, 124. Detroit & St. Joseph, act amending, act incorporating, 142. Detroit & Maumee, act incorporating, 148. Maumee Branch Co., amending act of incorporation, 153. Shelby & Detroit Co., act amendatory of act incorporating, 155. Maumee Branch Co., act incorporating, 156. RAPE: what constitutes and penalty for, 23. 174 INDEX. REAL ESTATE: an act subjecting, to the payment of debts, 48. RECEIVING STOLEN GOODS: penalty for, 27. REGISTER OF DEEDS: fees allowed, 89. RELIGIOUS SOCIETIES: an act concerning, 16. may elect trustees and hold property, 16. limitation as to holding real estate, 16. taxation of property, 16. Roman Catholic organizations, 16. REPEALING: act repealing certain acts therein named, 82. all acts, etc., relative to manner of authenticating legislative acts of the government, 92. RIOTERS: killing of, not criminal, 30. RIOTOUS ASSEMBLAG(ES: what constitutes, penalty for, etc., 30. not dispersing when ordered, 30. RIVER RAISIN & GRAND RIVER RAILROAD: act to incorporate, 112. commissioners to receive subscriptions for stock, 112. line of, 112. annual reports to be made to Governor, 113. officers of, election, powers, and duties, 113. right of way, etc., how obtained, etc., 115. wagon ways, duties in regard to, 116. use of other roads by, 116.,persons injuring, 117. right of purchase by territory, 117. authority to establish bank and provisions for, 118. ROADS: an additional act concerning highways, etc., 10. from Detroit to Rapids of Miami, act for laying out, 35. establishment of, by lottery, 35. ROBBERY: what constitutes and penalty for, 23. S. ST. JOSEPH RIVER: authorizing dam across, at Niles, 154. SALARlES: Attorney General, surveyor, etc., 17. of Territorial officers reduced, 20. SCHOOLS: an act concerning, 90. appropriations for, how made, 91. reports concerning, to be made by district treasurer, 91. SELECTMEN: powers, duties, and ejection of, 97. SHELBY & DETROIT RAILROAD CO.: act amending act of incorporation, 155. provisions of act incorporating extended, 155. SUMMONS: an act concerning the service of writs of, 92. SUPERVISORS: meetings of, time of, 154. SURVEYOR: act concerning, of Michigan, 6. INDEX. 175 SURVEYOR (Continued): appointment and duties, 7. to lay out Detroit, 7. deputies, appointment of, 7. salary of, 17. T. TAVERNS: an act to repeal certain parts of act relative to, 12. keepers of, an act concerning, 51. TAVERN KEEPERS: repealing act concerning, 83. TAX: school, 90. TAXES: an act to repeal certain parts of act relative to, 12. on winter vehicles, stud horses, 12. when due and collectible, 12. collections of, by marshal, 12. on dogs repealed, 13, an act concerning the, of the year 1808, 21. an act to provide for the assessment and collection of, 38. license, for what and by whom granted, 38. treasurer to make list of, 39. marshal to collect, 39. penalty for refusal to pay, 39. repealing certain, 39. an act prescribing the mode of assessing and collecting, 40. district assessors of, how appointed and duties of, 40. poll tax, proviso, 41. appeal from assessment of, 42. repealing act imposing certain, 83. THEFT: of goods, chattels, etc., 26. penalty for, 26-27. of fruit, penalty for, 27. TREASURER: of district, appointment and duties, 42. of Territory of Michigan, act concerning, 51. repealing act concerning, 82. TREASON: what constitutes, 22. penalty for, 22. misprison of, 22. TRUSTEES: of concealed or absconding debtors, act concerning, 60. U. UNITED STATES: an act to prevent certain acts hostile to the peace and tranquility of, within the jurisdiction of this Territory, 15. V. VILLAGE: of Monroe, amendments to act incorporating, 141. W. WILLS: an act for the probate of, etc., 46. repealing act concerning, 83. WITNESSES: an act concerning, 54. penalty, non appearance to testify, 56. fees allowed, 88. 176 INDEX. WISCONSIN INTERNAL IMPROVEMENT CO.: act Incorporating, 138. WRITS: of attachment, 13. of execution, an act concerning, 57. scire facias, 57. forms of, and other process, an act concerning, 71. an act concerning the service of, 92.