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the attendance in the county court of the clerk of the county, with the papers, files, recorils and proceedings in such causes : Provided, That in any of the cases pending, the plaintiff or defendant in such action may elect to have the same proceeded in and tried in said circuit court, in which case the pleadings, proceedings and trial shall be the same as near as is practicable to those in the county courts : And provided further, That in cases of indictment now pending in the circuit courts where the crime is punishable by imprisonment in the state prison, the respondent may request to be tried in said circuit court, whereupon the same proceedings shall be had as are provided in section seven of this act : And provided further, That all motions in arrest of judg. ment and for new trials now pending in any of the circuit courts shall be heard and determined therein.
Sec. 10. The board of supervisors of each county shall at any Salary of co. regular meeting make an order allowing to the county judge a reason-fixed by su
. able compensation for his services for the year in the trial of criminal causes, from which order there shall be no appeal.
Sec. 11. This act shall take effect and be in force from and after
AN ACT supplementary to an act entitled an act to regulate and define
the jurisdiction of the Circuit and County Courts.
Statement of cir uits to be
Section 1. Be it enacted by the Senate and House of Representatides of the State of Michigan, That the judges of the supreme court,
published by when they shall have divided the state into five judicial circuits, shall judges oft cause a certified statement thereof to be published once a week for four successive weeks in the state paper; that for the purpose of making such division the said judges may meet together at any time within six. ty days after the passage of this act.
Sec. 2. The judge of the supreme court, designated in his appoint-Judge of 5th ment for the fifth circuit, shall, within sixty days after this act takes times of the..
. effect, fix and appoint the times of holding the several circuit courts within his circuit for the fall terms of the present, and the spring and fall terms of the ensuing year; after which he shall fix and appoint
the same according to the provisions of chapter eighty-nine of the revised statutes. He shall transmit to the clerk of each county within his circuit, a copy of such appointment of circuits made by him, immediately upon making the same, which shall be filed and preserved by said clerk; and every such appointment shall be published in the state paper once in each week for four successive weeks, and the last publication thereof shall be at least one month before the holding of any circuit court in pursuance thereof.
Sec. 3. In any county in which a session of the circuit court shall Civil actions held within be held within sixty days from the passage of this act, all civil actions be determin. pending therein may be proceeded in and tried at said session in the
same manner as if the act to which this is supplementary had not been passed : Provided, That all such actions except certioraries which shall not be tried at such session, shall be and the same are hereby transferred to the county court of such county, unless the plaintiff or defendant shall before the close of such session of the circuit court, elect to have the same tried in the circuit court ; in which case such election shall be in writing, signed by the party or his attorney, and an entry thereof made in the journals of the circuit court.
Sec. 4. All the provisions of the act to which this act is supplemenions of act tary, which relate to criminal matters now pending in any circuit shall take ef. fect. court, or which may be commenced therein within thirty days after
the passage of this act, and the proceedings thereon, the summoning of jurors in the circuit court, and all its provisions which relate to matters in equity, shall be and the same are hereby postponed to the first day of February next, from and after which time said provisions shall take effect: Provided, That such provisions relating to criminal matters shall be postponed no longer than may be necessary for the final disposition of any criminal causes which may be pending in said cir
cuit court within the time limited in this act. Recognizan.
Sec. 5. Recognizances in criminal cases taken in pursuance of ces in crimi- sections 18 and 19 of chapter 163 of the revised statutes, shall be made burmable in returnable in the county court of the proper county, on the first Moncourte, &c. day of the month next after the taking of the same ; and such recogni.
zances shall stand continued from time to time until the matter be finally disposed of, unless the court shall think proper to order new recog. nizances to be entered into.
be made re
Sec. 6. This act shall take effect and be in force from and after its passage.
Approved April 3, 1848.
AN ACT to amend an act entitled “ an act to revive the poor laws re
pealed by the revised statutes in certain counties.” Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the act entitled “an act to revive the poor laws repealed by the revised statutes in certain counties,"
Act amended approved March 17th, 1847, be and the same is hereby amended by striking out of section one of said act the words “Van Buren,” and “Calhoun,” wherever it occurs in said section one.
Sec. 2. This act shall be in force from and after its passage.
AN ACT to authorize Betsy Hitchcock and Milton R. Moore to con.
vey certain real estate.
Section 1. Be it enacted by the Senate and House of Representatires of the State of Michigan, That Betsey Hitchcock, administratris, and Milton R. Moore, administrator, on the estate of Jesse B. Hitchcock, of the county of Washtenaw, deceased, be and they are hereby authorized and empowered to sell and convey by deed all the right, title and interest which the said Jesse B. Hitchcock had at the time of his decease in the following described land, to wit: the southwest quarter of the south-east quarter of section number thirty-two, in township number four south of range number six east, in the county of Washtenaw: Provided, The judge of probate for said county of Washtenaw shall approve of such sale, and endorse his approval on such deed, under his hand and seal of office.
Approved April 3, 1848.
AN ACT for the relief of Nancy Butler.
Whereas, It is represented that Henry R. Butler, late of Macomb county, in the state of Michigan, died in the year A. D. eighteen hundred and thirty-seven, without leaving heirs, and that at the time of his decease, he was seized in fee simple of certain lands hereinafter described, the title in and to which is supposed to have vested in said state of Michigan by escheat on the decase of said Butler :
Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all the right, title and interest of the State of Michigan, derived by escheat as aforesaid, in and to the following described tracts and parcels of lands situate in the county of Macomb, to wit: the south half of the south-west quarter and the south-east quarter of the south-west quarter of section twenty-six, in town one north of range twelve east, be and the same is hereby given, granted and conveyed to Mrs. Nancy Butler, widow of said Henry R. B'itler, to have and to hold the same to the said Nancy Butler and to her heirs and assigns forever: Provided, That nothing in this act shall affect or impair any interest, title or claim of any other person in and to said land or any part thereof.
Sec. 2. This act shall take effect from and after its passage.
AN ACT relative to the last Will and Testament of the Rev. Gabriel
Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all the right, title and interest which the people of this state have, or may be supposed to have, by escheat, of, in and to any real estate, acquired by the Reverend Gabriel Richard, after the execution of his last will and testament, and by him held at the time of his death, be and the same are hereby released by the state, and vested in such person or persons, and for such purpose or purposes, as is provided in said last will and testament, as fully and to the same effect in all things, and not otherwise, as if the
said last will and testament were good and valid, to dispose of the eatate which the said Richard had at the time of his death.
Approved April 3, 1848.
AN ACT to incorporate the Hillsdale and Indiana Plank Road Com
Section 1. Be it enacted by the Senale and House of Representatires of the State of Michigan, That Henry Waldron, Chas. T. Mitchell, Joel McCollum, C. W. Ferris, Eason T, Chester and Incorporat'n James Fowle, 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 Hillsdale and Indiana plank road company, and the subscribers thereto, 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 corporate and politic, by the name and style of the Hillsdale and Indiana plank road company, with corporate succession.
Sec, 2, Said company hereby create: shall have the power to lay Route of ro'd out, establish and construct a plank road, and all necessary buildings, from the village of Hillsdale in the county of Hillsdale, on the most eligible route to some point near the north east corner of the state of Indiana.
Sec. 3. The capital stock of said company shall be forty thousand Capital. dollars, in two thousand shares of twenty dollars each.
Sec. 4. This act shall be and remain in force for the term of sixty years from and after its passage, but the legislature may at any time charter re
peal of same, alter, amend or repeal this act by a vote of lwo-thirds of each branch &c. thereof; but such alteration, amendment or repeal shall not be made within thirty years of the passage of this act, unless it shall be made to appear to the legislature that there has been a violation by the company of some of the provisions of this act: Provided, That after said thirty years, no alteration or reduction of the tolls of said company shall be made during its existence, unless the yearly nett profits of said company over and above all expenses, shall exceed ten per cent.