[ No. 68. ]

AN ACT to change the time of holding the election for State and county officers in the Upper Peninsula, and to repeal the existing law on that subject.

SECTION 1. The People of the State of Michigan enact, That in the year eighteen hundred and sixty-four, and every two years thereafter, the election for all State and county officers in the Upper Peninsula, shall be held on the Tuesday succeeding the first Monday in November, and shall be conducted, in all respects, in accordance with the law relative to holding general elections.

Sec. 2. The act entitled "an act to provide for holding general elections in the Upper Peninsula," being section one hundred and thirty-four, of chapter six, of the compiled laws, be and the same is hereby repealed.

Sec. 3. The returns of elections in the Upper Peninsula shall be made at the several places, and within the same period of time, after the day of election, as is now provided by law for making election returns in the Upper Peninsula. Approved March 7, 1863.

[ No. 69. ]

AN ACT to amend section fifteen, chapter one hundred and fifty, of the revised statutes, the same being section fifty-six hundred and fifty-one, chapter one hundred and seventy-five, of the compiled laws, in relation to the fees of justices of the peace in civil cases.

SECTION 1. The People of the State of Michigan enact, That section fifteen, chapter one hundred and fifty, of the revised statutes, the same being section fifty-six hundred and fifty-one, chapter one hundred and seventy-five, of the compiled laws, be so amended as to read as follows:

Sec. 15. For a summons, warrant or venire, fifteen cents;
For trying each cause, one dollar;

For issuing a writ of replevin or attachment, twenty-five cents;

For entering any cause upon the docket, after return of process, and for making all other entries upon the docket in any cause not otherwise provided for, twenty-five cents;

For each subpoena, not exceeding four, ten cents;

For swearing a jury, ten cents;

For swearing each witness in a cause, five cents;

For entering every final judgment, twenty-five cents;

For issuing execution, twenty-five cents;

For every continuance or adjournment at the request of a party, fifteen cents;

For drafting any bond or recognizance, requisite in any cause before a justice of the peace, thirty-five cents;

For approving of any bond or recognizance, ten cents;

For administering any oath and affixing jurat, when required, in cases not otherwise provided for, ten cents;

For reducing the evidence, objections to evidence, and exceptions taken by either party to writing, upon the trial of any cause, when requested by either party, ten cents for each folio; For making and filing return upon appeal, one dollar;

For taking depositions, examinations or confessions, ten cents for each folio;

For entering a discontinuance or satisfaction, ten cents; For entering every assignment of a judgment, fifteen cents; For entering an amicable suit, fifteen cents;

For appointing appraisers of estates of deceased persons, fifteen cents in each case;

For marrying and making return thereof, two dollars;

For taking acknowledgment of a deed or other instrument, twenty-five cents for each person acknowledging;

For making a certified transcript of any judgment, and of the proceedings in any cause, fifty cents;

For certifying cause to the circuit court'on plea of title, fifty cents;

For making return on certiorari, two dollars.

And no justice of the peace shall receive any other fees or

compensation for any services rendered in any civil cause, than such as is herein before provided.

Approved March 7, 1863.

[ No. 70. ]

AN ACT to amend chapter one hundred and nine of the revised statutes of eighteen hundred and forty-six, in relation to partition of lands, being chapter one hundred and thirty-five, of the compiled laws, by adding four new sections thereto. SECTION 1. The People of the State of Michigan enact, That Sections ad- chapter one hundred and nine of the revised statutes of eighteen hundred and forty-six, being chapter one hundred and thirty-five of the compiled laws, be and the same is hereby amended by adding four new sections thereto, to stand as sections eightythree, eighty-four, eighty-five and eighty-six, as follows:

ded.

Act applicable to lands held by trustee.

When

courts may

Sec. 83. The provisions of this act shall be applicable to lands held by a trustee for the benefit of parties having a beneficial interest therein, and the proceedings for a partition may be instituted by the trustee, or any party interested in the lands so held, and shall be regulated by the provisions of this act, except as is hereinafter provided.

Sec. 84. Where the original parties in interest in said trust, divide lands or any of them, may have departed this life, leaving heirs or heirs, etc. legatees, or others interested by title or right through them or

among

Interest

may be set

any of them in said lands, it shall be competent for the court, at its discretion, to divide the said land by decree, among the said heirs, legatees or others representing the interests of the deceased therein, so as to set off the interest of all such parties together, without subdivisions among them.

Sec. 85. In any case where it may be deemed expedient to off in a body decree that the interest which may have belonged to any desubdivision. ceased party shall be set off in a body, without subdivision to

without

those claiming under him, it shall be sufficient to provide by the decree that such parcel or interest shall be set off to the heirs, assigns, or those legally entitled under or through the party

originally interested, who may have deceased, mentioning his

name in the decree.

where orig

in interest

known.

Sec. 86. In all cases where the original parties in interest are Partition fully known, but where, by death, legal proceedings, or by inal parties other operations of law, it has become uncertain who are the are fully present parties in interest, it shall be competent and lawful to separate the portion or interest in such lands, originally owned by said parties, in the manner provided in the foregoing sections, instead of leaving it with land undivided as belonging to unknown owners, and such divisions and decree shall operate to convey the title to those claiming under said party, according to their legal rights, whatever they may be. Approved March 7, 1863.

[ No. 71. ]

AN ACT to amend an act entitled "an act to amend an act entitled an act to authorize proceedings against garnishees, and for other purposes," approved March twenty-eight, A. D. eighteen hundred and forty-nine, being chapter one hundred and forty-one, of the compiled laws.

SECTION 1. The People of the State of Michigan enact, That section five, of chapter one hundred and forty-one, of the compiled Section laws, is hereby amended so as to read as follows:

amended.

summons

mencement

Sec. 5. The personal service of a summons upon such gar-Service of nishee shall be deemed the commencement of suit in the name of the comthe plaintiff against such garnishee, which summons may be of suit. served in the same or any adjoining county in this State, and require the appearance of such garnishee before such justice, at his office, in the same or any adjoining counties in this State, and a constable or sheriff of either county may serve the same: Provided, The lawful fees for travel and attendance shall be Fees for paid or tendered to such garnishee at the time of such service, and such suit may be entered on the docket as suits in other cases: Provided further, That such summons shall not be

travel.

served in any other county than that where such suit is commenced, in any of the counties of the Upper Peninsula. Approved March 7, 1863.

Section amended.

Loss of certificate.

[ No. 72. ]

AN ACT to amend section eight hundred and seventy-two of the compiled laws.

SECTION 1. The People of the State of Michigan enact, That sec tion eight hundred and seventy-two, of the compiled laws be amended so as to read as follows:

Sec. 872. In case of the loss of such certificate of sale, the purchaser, or his legal representative or assignee, may file his affidavit of such loss, and that he was, at the time of such loss, the bona fide and legal holder thereof, and the Auditor General shall thereupon execute, as aforesaid, a deed for the lands described in such certificate, if the same shall not have been redeemed, in the same manner as though it had been presented and surrendered; and if the same shall have been redeemed, on the presentation of such affidavit, the money shall be paid to such person in the same manner as though the certificate of sale had been surrendered. Any person who shall make an affidavit, as above required, or concerning any other matter which may be filed in the office of the Auditor General, shall be liable to the penalties of perjury for any false statement made in such affidavit with intent to defraud, upon conviction thereof before a court having jurisdiction of the offense. Approved March 7, 1863.