Imágenes de páginas

Appraisers to

value of any species of property which a defendant has a right to retain, is specified, and the quantity to which the defendant is by said law entitled, not otherwise defined, the officer holding such execution shall certify the facts of such claim to the creditor, his agent or attorney, who may thereupon select an appraiser, and the defendant another, or if he refuses, after notice given, the said officer shall se- be chosen, and lect, and they two so chosen may select a third, and if they are unable township, &c. so to do, the officer holding the execution shall select such third appraiser, all of whom shall be resident freeholders of the township where the defendant resides or the adjoining township.

to reside in the

Officer to ad

minister oath: appraisers to examine pro

SEC. 3. The officer shall administer an oath (or affirmation) to perty and

make inven

each of the appraisers so selected that they will estimate the said pro- tory.
perty at its present cash value, and they shall then proceed to exam-
ine the same and make an inventory thereof, with the estimated value
of each article and shall subscribe the same and deliver it to the offi-


If appraised

value of said property exceeds amount

SEC. 4. If the appraised value of such property shall exceed in &c., officer to

amount the value in such property to which the defendant by the act

notify defendant and delivhim a copy. Debtor may

to which this act is amendatory is entitled to retain, the officer shall so notify the defendant and deliver to him a copy of said inventory if select, &c. requested, and the debtor may select at such appraised value the quantity he shall be entitled to retain, by virtue of the provisions of the act to which this act is amendatory, and the residue only shall be subject to levy and sale.

If debtor refuse to make such selection, officer to make


If debtor can

not be found

notice to be

SEC. 5. If the debtor, his agent or attorney, shall neglect or refuse within forty-eight hours after notice to make such selection, the officer shall make the division. If the debter cannot be found within left, &c. the county, and has no agent or attorney, the notice may be left at his last place of residence or with the person who has possession of the property.

SEC. 6. Whenever by the provisions of the act to which this act is amendatory, the debtor is entitled to retain, exempt from sale, any specified number of horses, cattle, sheep, swine, implements of husbandry or articles of property of any kind, and shall own more of any

Debtor may

select under certain circumstances.

such property in said act named than is thereby so exempt, the debtor may at any time within forty-eight hours after notice to make such selection, select the number and quantity to which he is entitled, and Creditor to ad- if he shall neglect or refuse so to do, after notice given, the officer

vance expen

ses of apprais- shall so select and dispose of the residue.


Appraisers entled to pay and mileage.

SEC. 7. Whenever an appraisal shall be necessary by virtue of this act, the creditor shall advance the expenses necessary and incident to the same, each appraiser shall be entitled to fifty cents, and six cents per mile for his necessary travel, going only, and cost in no case shall be charged to the defendant, unless by the appraisal it appears that he had in possession more of such property than was exCertain words empt by law, then and in such case the costs may be satisfied out of such excess.

in act of 1842 stricken out.

SEC. 8. That the words "not exceeding in value of eighty dollars," which relates to the value of a pair of horses exempt from exeProperty team- cution in the act to which this act is amendatory, be and the same

sters are enti

tled to retain. is hereby stricken out and repealed.

SEC. 9. Every person whose principal business is teaming shall have exempt from execution or sale as aforesaid, one yoke of oxen, one yoke, necessary chains, cart or wagon, or one pair of horses or mules, harness and wagon.

Approved February 10, 1843.

Taxes assessed under an act relative to free

schools in the

shall be set

forth in a separate column.

[No. 20.]

AN ACT to amend an act entitled "an act relative to
Free schools in the city of Detroit."


SECTION 1. Be it enacted by the Senate and House of Representacity of Detroit, tives of the State of Michigan, That all taxes which have been, or hereafter be assessed and levied by the common council of the city of Detroit, under and by virtue of the authority conferred on said common council by the thirteenth section of an act, entitled "an act relative to free schools in the city of Detroit," shall be

or evidences of


set forth in the assessment roll of said city, in a separate column, City liabilities apart, and distinguished from all other city taxes; and that the col- debt not to be lector of said city, shall collect, and is hereby authorized and required to collect said taxes in money, and said collector shall not be required or permitted to receive in payment of said taxes, any liabili- Said taxes ties or evidences of debt against said city.

when collected to be disbursed under the au

SEC. 2. That all the fifth section of said act after the words "as thority of the board of edulast aforesaid," in the thirteenth line of said section be stricken out, cation, &c. and the following be inserted in its place: "shall be expended and disbursed by and under the authority of said board of education, for the support of the said schools, after paying all just and legal demands existing against the several school Districts heretofore existing in said city: Provided, that said board shall not be liable to pay an aggregate amount of indebtedness against any one district, greater than the amount received from the same by said board." Approved February 13, 1843.

[No. 21.]

When there is

AN ACT to provide for the disposition of prisoners in no jail & a certain cases therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Represen

tatives of the State of Michigan, That whenever any person charg

county, prisoners to be conveyed to

the keeper of

the jail in the

county desig

nated by order

ate Judges of

where prison

ed with the commission of any offence, or who may have been sen- of the associtenced to suffer imprisonment upon conviction, shall be in the custody the county of any proper officer of any county within which no jail shall have er is arrested. been provided, or when the jail may be considered insecure, in virtue of a process of commitment, such officer shall forthwith convey the prisoner or prisoners in his custody, as aforesaid, to the sheriff or keeper of the jail of such other county as the associate judges of

Order to be

filed with the

Clerk of the

county where prisoner is to be conveyed.

such county in which no jail shall have been provided, or when the jail may be insecure, shall, by an order under their hands, designate and direct.

SEC. 2. The order in the first section of this act mentioned, shall be filed with the clerk of the county to which such prisoner or prisoners, so apprehended as aforesaid, are in and by such order directDuty of sheriff ed to be conveyed, and shall be general in its terms, and remain and be in force until revoked by the judges making the same, or their successors in office.

&c. to receive

such prisoner. Liable for any neglect.

To be paid fees and expenses, &c.

SEC. 3. It shall be the duty of the sheriff or keeper of the jail of such county in which any such order shall be filed, on being presented with a copy of the process of commitment of such prisoner or prisoners, so apprehended, within such county in which such order shall have been made, as aforesaid, to receive such prisoner or prisoners into his custody, and such sheriff or keeper shall be liable for any neglect of duty in relation to such prisoner or prisoners, as in other cases, and shall be paid the fees and expenses allowed by law, to be delivered out of the treasury of the county within which such prisoner or prisoners were apprehended.

Such prisoner

to the sheriff

of the county from whence he was sent'

Judge, &c.

SEC. 4. Whenever any person shall be so imprisoned, as aforeupon an order said, such person shall at any time be delivered to the sheriff, or of presiding other proper officer of the county within which he shall have been apprehended, on the presentation, by such officer, to the sheriff or keeper of such jail, of an order from the court before whom such prisoner is to be tried or dealt with, or the presiding judge or justice State prison. thereof, requesting such delivery.

Sheriff to convey certain prisoners to

SEC. 5. It shall be the duty of the sheriff of any county, in which a criminal may be hereafter sentenced to confinement in State Prison, as soon after the passing of such sentence as may be consistent, to Expenses thus incurred to be convey such prisoner direct to said prison, and deliver him to the paid from state treasury. agent thereof.

SEC. 6. The expenses necessarily incurred by any sheriff in carrying out the provisions of the preceding section, together with his fees therefor, shall be paid by the State Treasurer, upon the warrant of the Auditor General.

SEC. 7. This act shall take effect and be in force from and after its passage, and all acts, or parts of acts, contravening the provisions of this act, be and the same are hereby repealed Approved February 14, 1843.

[No. 22.]

AN ACT to amend an act approved April sixth, eighteen hundred and thirty-eight, entitled an act to amend an act to incorporate the city of Monroe, approved March twenty-second, eighteen hundred and thirty-seven.

SECTION 1. Be it enacted by the Senate and House of Representa- Common tives of the State of Michigan, That the common council of said city


of Monroe aucouncil of city

thorized to make by-laws, to regulate assessment to be

missioners of

canal fund, &

for collection

of tax, &c.

of Monroe shall have power and authority to make all such by-laws and ordinances as they shall deem proper, further to regulate and vide for the assessment to be made by the commissioners of the canal made by comfund of said city, and for the collection of the tax contemplated by the second section of said amendatory act, and to provide for the payment of the expenses incident thereto and to regulate the amount to be paid to the collector, and the officers appointed or that may be appointed by the said commissioners of the canal fund, and further to define and regulate the duties of the said commissioners of the canal fund and the officers appointed by them: Provided, that such by-laws and ordinances shall not be inconsistent with the provisions of the several acts to which this act is amendatory.

SEC. 2. That said common council may, in their discretion, confer upon the collectors that may be appointed by the commissioners of the canal fund for the purpose of enforcing the collection of the tax contemplated by the second section of said amendatory act, all the


council may confer on col

lector all ne

cessary pow

ers, &c.

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