SEC. 4. This act shall take effect and be in force from and after its

passage.

Approved March 1, 1843.

Preamble.

[No. 33.]

AN ACT to divide the state into congressional districts, and to provide for the election of representatives to Congress.

Whereas, The Congress of the United States, by the provisions of an act entitled "an act for the apportionment of Representatives among the several States, according to the sixth census," assumed the power to require of the Legislatures of the several States to provide for the election of members of Congress in single districts:

And whereas, The Legislature of this State has at no time heretofore refused, neglected, or from any cause been unable to provide for the election of, nor have the people at any time refused or neglected to elect a Representative in Congress :

And whereas, It is the deliberate and well settled opinion of this Legislature that, under such a state of facts, Congress does not possess the right, under the constitution, as construed and understood by the several States, upon its ratification and acceptance by them, to require of any State such concurrent legislative action, as such act contemplates:

But whereas, It is, nevertheless, the opinion of this Legislature, that the election of members of Congress in single districts, designated by the State Legislature, in the free and voluntary exercise of the power and discretion with which it is invested by the constitution of the State, is consonant with the spirit and genius of our institutions of Government, in accordance with the principle of representation in the popular branch of our National Legislature, and calcu

L

lated to promote in an eminent degree, the best interests of the State

and people. Therefore,

into congres

SECTION 1. Be it enacted by the Senate and House of Representa- State divided tives of the State of Michigan, That the State shall be divided into sional districts three congressional districts as follows, to wit:

SEC. 2. The counties of Monroe, Lenawee, Washtenaw, Wayne, 1st District. and Hillsdale shall constitute one district, and be denominated the

first congressional district.

SEC. 3. The counties of Branch, St. Joseph, Cass, Berrien, Van 2d District. Buren, Kalamazoo, Calhoun, Jackson, Allegan, Barry, Ionia, Eaton, Kent, Ottawa, Oceana, Newaygo, Mecosta, Notipekago, Aishcum, Manistee and Kautawaubet, shall constitute one district, and be denominated the second congressional district.

SEC. 4. The counties of Macomb, Oakland, Livingston, Ingham, Clinton, Shiawassee, Genesee, Lapeer, St. Clair, Mackinac, Chippewa, Saginaw, Tuscola, Midland, Gladwin, Arenac, Ogemaw, Kanotin, Sanilac, Huron, and all the other counties in this State not included in the first and second congressional districts, shall constitute one district, and be denominated the third congressional district.

3d District.

Each district

SEC. 5. Each district shall elect one Representative in the Congress of the United States at the general election in the year of our to elect one representative. Lord one thousand eight hundred and forty-three, and in the year of our Lord one thousand eight hundred and forty-four, and every two years thereafter, in the same manner as is now provided by law for the election of Representative in Congress.

SEC. 6. Section fourth, of chapter seventh, of title second, of part first of the revised statutes, shall be so amended as to read as follows: Board of can

vassers to

The said board of canvassers, when formed as aforesaid, shall pro- make a stateceed to examine the statements received by the secretary of State, of given for Representatives; the votes given in the several counties, and make a statement of the certifiy the

whole number of votes given for the office of Representative in con

gress in each congressional district; which statement shall show the names of the persons for whom such votes shall have been given for said office, and the whole number of votes given for each; and the

same; deter

mine who has the greatest number of votes, and file the same with the secretary of state.

said canvassers shall certify such statement to be correct, and subscribe their names thereto; and they shall thereupon determine what persons have been, by the greatest number of votes, duly elected to such office, and make and subscribe on such statement a certificate of such determination and deliver the same to the Secretary of State. Approved March 2, 1843.

authorized to

[No. 34.]

AN ACT to amend an act entitled "An act to incorporate the city of Monroe."

Mayor, recorder, or clerk atives of the State of Michigan, That the fifth section of the above hold elections recited act be and the same is hereby so amended as to authorize the in the city of Monroe in cer- Mayor or Recorder or clerk of said city under the direction of the

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

tain cases.

Common Council to hold elections in any of the wards of said city where the Alderman of such ward is unable to hold such election in consequence of sickness or absence from said city.

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

Approved March 4, 1843.

Common

[No. 35.]

AN ACT to amend the charter of the city of Detroit.

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

council autho- tatives of the State of Michigan, That in addition to the tax now au rized to levy $20,000 addi- thorized to be levied by the charter of said city, the common council of said city shall have power in the manner prescribed by the said

charter or any amendment thereof, with the consent of the taxable inhabitants of said city to cause to be levied and collected the sum of twenty thousand dollars, as follows: for the year eighteen hundred and forty-three the sum of ten thousand dollars, and for the year eighteen hundred and forty-four, the further sum of ten thousand dollars: Provided, the said sum so raised shall be applied in payment of the city debt, and the interest thereof.

SEC. 2. The word "streets" in the last provision of section fortynine of the act entitled an act relative to the city of Detroit, approved April fourth, eighteen hundred and twenty-seven, shall be and the same is hereby stricken out, and the words "lanes or alleys" be and the same are hereby inserted instead thereof, so that when amended, said provision shall read as follows, viz: That nothing in this act contained shall be so construed as to authorize the said corporation or other authority, created by this act, to extend the lanes or alleys of said city across saia farms unless by the consent of the proprietors thereof.

SEC. 3. If any officer has removed or shall remove from the ward Any officer removing from where he was

for which he may have been elected or chosen, such removal shall the ward be deemed a vacancy in such office: and whenever satisfactory evi- elected shall be deemed to dence of such removal shall be presented to the common council, they have vacated his office. shall hear the same and decide thereon according to the rights of the

case.

SEC. 4. This act shall take effect from and after its passage.
Approved March 4, 1843.

[No. 36.]

An Act for the relief of the bail of prisoners on the jail limits.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That in all cases where a prisoner en the jail limits may be released by complying with the provisions of

Bail of prison- an act entitled an "an act to abolish imprisonment for debt and to er may give notice and do punish fraudulent debtors," and the amendment thereto, passed March

all acts &c.

for release of prisoner.

When prisoner will not sur

thirty-first, eighteen hundred and forty, the bail of said prisoner, or either of them, (when there are more than one surety,) may give the notice and perform all the acts required by said act and the said amendment thereto, in the name of the prisoner or in the name of his bail, and the effect shall be the same as if the proceedings were in the name, and with the consent of, or were prosecuted by the prisoner himself.

SEC. 2. That whenever a prisoner on the jail limits cannot be rerender himself leased in pursuance of the provisions of the act entitled "an act to his bail may surrender him. abolish imprisonment for debt and to punish fraudulent debtors," and

Any person held in prison 60 days may be discharged, &&c.

the amendments thereto, and will not, at the request of his bail, or either of them, surrender himself up, or be surrendered up by his bail, to the jailor of the proper county, pursuant to section eight, part third, title seventh, chapter first of the revised statutes, such bail, or either of them, may apply to any justice of the peace in the county in which such prisoner resides, and, on producing evidence of his or their being bail and verifying the reason of his application by oath or affirmation, it shall be the duty of the justice forthwith to grant a mittimus, directed to the sheriff or any constable of such county, commanding such officer forthwith to arrest such prisoner, if he may be found in such county, and surrender him up to the jailor of said county who is hereby authorized to receive such prisoner and him retain in jail until he is discharged by due course of law.

SEC. 3. Any person held in prison for sixty days next preced

ing any term of the circuit court in and for the county where he may have been thus imprisoned, for having done, or having been about to do, any one or more of the acts specified in the fourth section of "an act to abolish imprisonment for debt" and who shall not be indicted for such offence, before the last day of said term, may be forthwith discharged by the court, in their discretion, upon a motion by the prosecuting attorney therefor.