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the said Van Fossen shall relinquish in writing, all further claim against the state, on account of the lumber aforesaid, and file such relinquishment with the state treasurer.

Approved March 8, 1843.

[No. 62.]

AN ACT to prevent the action of ejectment in certain cases.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That no action of ejectment shall hereafter be maintained by a rortgagee or his assigns or representatives, for the recovery of the mortgaged premises, until after a foreclosure of the mortgage, and the time for redemption thereof shall have expired.

SEC. 2. This act shall take effect and be in force from and after

its passage.

Approved March 8, 1843.

No action of ejectment to be bro't in certai

cases.

[No. 63.]

AN ACT to authorize Randal S. Rice, as administrator on the estate of Nehemiah O. Sargent, deceased, to execute certain instruments in writing.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Randal S. Rice administrator on R. S. Rice, administrator the estate of Nehemiah O. Sargent, deceased, be and he is hereby &c. authoriz'd authorised and empowered to execute under seal in behalf of said tain instruestate such instrument or instruments in writing, as shall secure to ting to Lucius Lyon. Lucius Lyon, his heirs and assigns, on such terms as said adminis

to execute cer

ments in wri

trator may deem equitable and just, the salt well and salt works, made and constructed or which may be made and constructed by said Lyon, against the operation and effect of any mortgage which the said estate may hold upon the undivided one half part of the land, at Grand Rapids, in the county of Kent, on which said well and works are situated: Provided, That every such instrument by way of release shall not be construed to impair the validity of any such existing mortgage security, or defeat its operation and effect upon any such real estate not included in such deed or release; and provided further, that to give such instrument of release force and validity, the approval of the Judge of Probate of the county of Kont, shall be endorsed thereon.

Approved March 8, 1843.

If prisoner be discharged &c prosecutor to pay costs.

[No. 64.]

AN ACT to amend an act relative to the costs of prosecution in criminal cases.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That section first of an act entitled an

act relative to the costs of prosecution in criminal cases, and approved March the sixth, eighteen hundred and forty, be and the same is hereby amended by adding an additional clause, so that the same shall read, "And if the defendant or prisoner be discharged on examination by such magistrate, or if a true bill be not found against him by the grand jury, or if he be acquitted on trial, or if a nolleprosequi be entered on the indictment by order of the court, before which it may be pending, the prosecutor shall pay all costs, &c."

Also, by adding the following proviso to the end of said section, "And provided further, that the said prosecutor shall not be liable to

pay costs upon the acquital of the defendant or prisoner on trial, un- If prisoner be less the presiding judge shall certify upon such indictment that in his trial prosecu

opinion such payment is equitable.

Approved March 8, 1843,

acquitted on

tor not to pay costs unless judge certifies it to be just.

[No. 65.]

AN ACT to establish district courts in the counties of Wayne, Oakland, Washtenaw, and Jackson, and to repeal an act entiled "an act to establish a district. court within the county of Wayne."

District court

certain coun

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That there shall be established in the establishe I in counties of Wayne, Oakland, Washtenaw and Jackson, courts of re- ties. cord, to be called "the district courts for the counties of Wayne, Oakland, Washtenaw and Jackson.”

Associate

SEC. 2. That the Governor, by and with the advice and consent Presiding judge thereof of the Senate, shall appoint some person to be presiding judge of the to be appointed by Goversaid courts, who shall hold his office for the term of five years, and nor & Senate. the associate judges of the circuit courts of the said counties respec- judges of certain counties tively, shall be associate judges for the respective counties in which to be associate they have been or shall be elected, and any two of them in their re-trict court. judges of disspective counties aforesaid shall be a quorum for the transaction of the business of the said courts: Provided, that in case of the absence of the said associate judges the said presiding judge may hold the courts in the counties mentioned in this act.

SEC. 3. The said district courts shall have cognizance of all Jurisdiction of crimes, misdemeanors and offences committed against the laws of said court. this state, and of all prosecutions in the name of the people of the state for crimes, misdemeanors, offences and penalties, in as full and ample a manner as the circuit courts for the counties of Oakland,

Terms of said court to be ap

Washtenaw and Jackson, and the district court of the county of
Wayne now have.

SEC. 4. Tho presiding judge of said courts shall, four times in pointed by pre- each year, hold a court in the county of Wayne, and twice in each aiding judge. year in the counties of Oakland, Washtenaw and Jackson, at such times as he shall appoint within thirty days after the passage of this act, for the transaction of business before it.

County cl'ks of certain

counties to be

clerks of said

court.

Power and au

court.

SEC 5. That the county clerks of the respective counties of Wayne, Oakland, Washtenaw and Jackson, shall be the clerks of said district courts in their respective counties, and shall issue, sign and seal all processes from the district courts in their respective counties, which shall be tested in the name of the presiding judge of the said district courts, and the said clerks may use their county seals until they shall procure a seal for said district courts for their respective counties, and shall have the same power to administer oaths as the clerks of the circuit court by law now have.

SEC. 6. That the said district courts shall have full power and thority of said authority to issue all legal process proper and necessary to carry into effect the jurisdiction given to it by law, and all the laws of this state giving jurisdiction, power and authority in the respective circuit courts, relating to penalties or touching offences against the laws of this state, or giving jurisdiction, power or authority to hear, try and determine indictments for offences against the laws of this state, shall be and they are hereby made applicable to the said district courts for the counties of Wayne, Oakland, Washtenaw and Jackson, hereby established.

Clerks to issue veniries, &c.

SEC. 7. That the said clerks shall issue veniries for grand jurors and petit jurors to attend said district courts in their respective counties at the respective terms thereof, in the manner prescribed by chapter five, title two and part three of the revised statutes for jurors to attend the circuit court, and the said chapter is hereby made applicable to the said district courts, as fully as it is to the said circuit courts: Provided, that the venirie or other process for summoning

petit jurors shall be made returnable on such day in term as the presiding judge may, by rule, from time to time direct.

SEC. 8. That no venire shall be issued for a grand jury to attend No venirie to the circuit court in said counties of Wayne, Oakland, Washtenaw be issued in and Jackson, unless by the special order of said circuit court.

the circuit court in certain counties.

and associate

judges.

writs.

SEC. 9. That the presiding judge of said district courts, hereby established, shall be entitled to a compensation of one thousand dol- of pres'g judge Compensation lars, to be paid in quarterly instalments from the treasury of the state, and the associate judges of said courts while in actual session, shall receive one dollar and fifty cents per day for their services, and shall be paid out of the county treasuries of their respective counties. SEC. 10. That the said presiding judge shall have the same power siding judge to Power of preand authority to grant writs of habeas corpus, returnable before him- grant certain self, and to adjudicate thereon, and to do all other acts in vacation which any judge of the circuit court may by law do or perform. SEC. 11. That all indictments now pending, undetermined in the district court within the county of Wayne, or in the circuit courts of certain courts said counties, may be heard, tried and determined in the district courts district court for trial. hereby established, and the clerks shall enter said causes on the docket of the district courts for their respective counties at its first term, and the same may be proceeded in, in the same manner as though the same were originally presented in said district court.

Indictments in

transferred to

All complaints &c, in certain

the district

returnable to

courts of said counties.

SEC. 12. In all cases, complaints and proceedings before justices counties of the peace or others, heretofore or hereafter to be had, the recognizance and all papers appertaining to such causes, complaints or proceedings heretofore returnable to or required to be presented in circuit courts for said counties, of which jurisdiction is by this act given to said district courts or the district court within the county of Wayne, shall hereafter be returnable to, and be presented in, and proceeded with in said district courts in their respective counties, and the parties, by the condition of all such recognizances, shall be obliged and bound to be and appear in said district courts as they have heretofore in said circuit courts for said counties, and all such recognizances taken between the time of passing this act and the next

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