Fourth. If the party in whose favor judgment was rendered in the court below on any claim other than contract, express or implied, appeal therefrom, and such judgment shall not be increased in the circuit court ten dollars or more, full costs shall be awarded against the appellant; if such judgment shall be increased in the circuit court ten dollars or more, then full costs may be awarded against the appellee, or otherwise, as such circuit court may deem right and just. Fifth. In judgments rendered on appeals in actions of replevin, and all other causes not provided for in this section costs may be awarded as the circuit court may deem to be just and right between the parties in view of the particular circumstances attending each case. Sec. 19. Whenever costs are awarded to the appellant, he shall be Taxation. allowed to tax as part thereof the amount of costs and fees paid to the justice as disbursements in addition to the costs in the circuit court, and where the judgment in the court below was against such appe!. lant, he shall further be allowed to tax any legal costs incurred by him which he would have been entitled to recover in case such judgment in the court below had been rendered in his favor. be ofset. Sec. 20. If upon appeal a recovery be had by one party for any Costs may debt or damages, and costs to be awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the party in whose favor a balance may appear. Sec. 21. In cases where judgment shall be rendered against the appellant in the circuit court, the same shall; on motion of the appellee or his attorney, be entered as well against the surety on the appeal as against the appellant, and execution shall issue against them jointly. Judgment. Sec. 22. Upon a judgment being rendered on appeal in the circuit Execution. court, the party recovering the same shall be entitled to execution thereon in like manner as if such judgment had been rendered on a suit originally commenced in that court. Justice may cution. Sec. 23. Upon an appeal being dismissed by the circuit court, and a certified copy of the order of such dismissal being served upon the issue exejustice who rendered the judgment below, such justice shall issue execution thereon in the same manner as if no appeal had been made. Sec. 24. No judgment rendered by any justice of the peace in this Writ of ercivil suit or proceeding, shall be removed by writ of cer- ed. any state in ror abolish Repealing clause. Co-defendants. tiorari to any circuit court for review, from and after the time when this act shall take effect. Sec. 25. All of that part of the act entitled "An act to prescribe the powers and duties of justices of the peace in civil proceedings," approved April nine, eighteen hundred and forty-one, relating to the removal of judgments, rendered by justices of the peace into the cir cuit courts by appeal or writ of certiorari or any other acts or parts of acts heretofore passed, contravening, or in any way contradicting or conflicting with the provisions of this act, be, and the same are hereby repealed. Sec. 26. That any constable having an execution in his hands for collection, issued upon any judgment rendered on contract, express or implied, against two or more persons shall, on being served with an affidavit, by any co-defendant in such execution, showing the principal debtor therein, first exhaust all the personal estate of said principal debtor, which may be turned out to him on said execution by such co-defendant, before resorting to the property of any other defendant being security. Sec. 27. This act shall take effect and be in force from and after the first day of May next. Approved March 24, 1845. travelling.on No. 72. AN ACT to provide against trespasses upon the towing path of canals. Section 1. Be it enacted by the Senate and House of RepresentaPenalty for tives of the State of Michigan, That every person who shall lead, tow path. drive or ride any horse, ox or ass, mule or other animal upon the towing path or the bank opposite the towing path of any canal, authorized by the laws of this state, except for the purpose of towing boats or other floating things upon the waters thereof, and except for the purpose of conveying articles to and from said canals in order to their transportation on the waters of the same, or their delivery at their place of destination, shall forfeit for every such offence the sum of five dollars, and pay all damages consequent upon such offence over and above the said forfeiture. Sec. 2. For all forfeitures incurred under the provisions of the pre- Forfeitures. ceding section, an action of debt may be brought before any justice of the peace in the name of the people of the State of Michigan, and any sums recovered for such offence shall be paid into the State Treasury, to the credit of the internal improvement fund; and any sums also recovered for consequential damages by an action on the case therefor, shall be paid to the person or persons sustaining the same. Approved March 24, 1845. No. 73. AN ACT to re-locate a certain State Road. Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Spaulding M. Case, Edward Bishop, and Justus J. Bennet, junior, be and they are hereby autho- State road, rized to re-locate, as the public good may require, so much of the state road from Ann Arbor, in Washtenaw county, to Howell, in Livingston county, as may run through the township of Hamburg, and they shall file the survey of the same in the office of the township clerk in said township of Hamburg. Sec. 2. The state shall not be liable for any expenses incurred, or damages sustained by reason of this act, and ir. case the said road shall not be surveyed and relocated in two years from the passage of this act, the provisions herein contained shall be void. Approved March 24, 1845. No. 74. AN ACT to amend an act entitled "an act to repeal the charters of certain banks, and for other purposes," approved February 16, 1842. Section 1. Be it enacted by the Senate ard House of Representatives of the State of Michigan, That section three of the act enti- Banks. tled "an act to repeal the charters of certain banks, and for other purposes," approved February 16, 1842, be and the-same is hereby amended by inserting in the first line thereof, after the word "creditor," the words "or stockholders." Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 24, 1845. ted. No. 75. AN ACT to incorporate the Ypsilanti Seminary. Section 1. Be it enacted by the Senate and House of RepresentaIncorpora- lives of the State of Michigan, That Lyman H. Moore and William Moore, of the county of Washtenaw, and their successors in office, be and they are hereby constituted and declared a body corporate and politic in fact and in name, to be styled the proprietors of the Ypsilanti Seminary, by that name they and their successors in office shall, and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts whatever. Seal. May sell and buy estate. Seminary. com Sec. 2. That they and their successors in office may have a mon seal and change the same at their pleasure. That they and their successors in office, by the name of the proprietors of the Ypsilanti Seminary, shall be capable in law of acquiring and holding by purchase, gift, grant, devise, bequest or otherwise, and of selling, conveying or leasing any estate, real, personal or mixed, for the purposes hereinafter mentioned, and none other, and that they and their successors in office shall have full power to make and enter into contracts, to make such rules and by-laws as they may deem necessary for the good government and success of said seminary: Provided, Such by-laws are not inconsistent with the constitution and laws of the United States and of this state: And provided further, That the amount of property held by such corporation shall never exceed the sum of ten thousand dollars. Sec. 3. Said proprietors shall have power to establish and continue in the township of Ypsilanti a seminary of learning, for the instruction of persons in the various branches of literature, or to con tinue the institution now established and known as the Ypsilanti Seminary. stockhold'rs Sec. 4. The individual as well as corporate property of said proprietors and their successors in office shall be liable for all debts Liability of against the said corporation, and may be proceeded against jointly or severally as in the case of debts against the individuals. Sec. 5. The legislature may at any time amend or repeal this act. its passage. Approved March 24, 1845. No. 76. AN ACT to incorporate the Ann Arbor Female Semi nary. Incorpora Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That from and after the passage of this act, James Kingsley, Thomas Mosley, Fitch Hill, Edwin Lawrence, Luther Boyden, Thomas Wood, and Samuel W. Dexter, of ted. the county of Washtenaw, and their successors be and they are hereby constituted, ordained, and declared a body corporate and politic, under the name and style of "The Ann Arbor Female Seminary," that by that name they and their successors shall and may have perpetual succession, and shall be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all courts of record whatever, and in all manner of suits, actions, complaints, matters and causes whatever, and that they and their successors may have a common seal, and change and alter the same at their pleasure, and that they and their successors by the name of "The Ann Arbor Female Seminary," shall be in law capable of acquiring and holding by purchase, gift, grant, devise, bequest or otherwise, and of selling, conveying, buy estate. or leasing any estate, real, personal or mixed, for the use of said corporation, not exceeding ten thousand dollars, and that they and their successors shall have full power to make and enter into contracts, to make such rules and by-laws as they may deem necessary for the Sell and |