applied to one of the justices of the peace in for a writ of attachment and for the county of of an absconding debtor. Now, the condition said all damages and costs which may sustain by reason thereof, if no judg ment shall be rendered against him, the said then the above obligation to be null and void; otherwise to be and remain in full force and virtue. Sealed and delivered in presence of § 181. Nothing in this act shall be construed as in any wise repealing the provisions of an act approved April 10th, 1839, entitled "An act to abolish imprisonment for debt, and to punish fraudulent debtors." § 182. This act shall take effect and be in force from and after the first day of May next, except in the counties of Mackinac and Chippewa, and in those counties it shall be in force and effect on and after the fourth day of July next. Approved, April 9, 1841. [No. 50.] AN ACT to provide for the further construction and preservation of the Clinton and Kalamazoo canal. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the sum of twentyfive thousand dollars be, and the same is hereby appropriated, out of any moneys which shall hereafter come into the treasury of this state, to the credit of the internal improvement fund, for the payment of existing contracts, and the construction of a feeder for the Clinton and Kalamazoo canal, at Paint creek, and to bring the canal into the Clinton river at Frederick. Approved, April 9, 1841. Repeal of revised sta tutes. Excution not o issue after two [No. 51.] AN ACT relative to postponing sales by sheriffs and other officers, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That so much of the twenty-seventh section of chapter seven, title two, part three of the revised statutes, (at page four hundred and thirty-five,) as provides that an officer shall not postpone a sale exceeding seven days at one time be, and the same is hereby repealed. § 2. That no execution shall be issued, unless within two yea's, &c., years from the return day of the last preceding execution, or two years from the time when a party was entitled to sue out the same, except the court shall, upon special application, showing that the debt or judgment, or some part thereof, has not been paid, shall grant leave for the same. On expiration of the perial of redenption, deed of lands deed, &c. § 3. That upon the expiration of the time to redeem any lands or real estate which may have been heretofore sold by virtue of an execution, issued out of any court, or upon any Officer may mortgage, the officer or other person making such sale, or the successor of such officer, or the executors or administrators of such person shall complete the same by executing a deed thereof in due form of law, to the purchaser, or to the person or persons who may have acquired the interest of the purchaser by assignment or otherwise: Provided, That every assignment above provided for, shall be under the hand and seal of the person making the same, and attested by two subscribing witnesses, and shall be acknowledged before some person authorized to take acknowledgments of deeds. § 4. This act shall take effect and be in force from and after its passage. Approved, April 9, 1841. [No. 52.] AN ACT to alter the terms of the court of chancery, in the fourth and fifth circuits. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the terms of the court of chancery shall be holden in the fourth circuit, on the first Tuesday in May, and the Tuesday after the second Monday in November of each year; and in the fifth circuit, on the first Tuesday in January, and the third Tuesday in June of each year, instead of the times now provided by law for holding the said court of chancery in the said fourth and fifth circuits respectively. § 2. This act shall take effect, from and after its passage. Approved, April 9, 1841. [No. 53.] U. States to the catholic church of the Macon reserve. AN ACT granting certain powers to "the catholic, apostolic and Roman church of St. Anne, Detroit. Whereas, A patent was issued by the United States, dated Grant of the January twenty-six, A. D. one thousand eight hundred and the rector of twenty-six, signed by John Quincy Adams, president of the United States, and countersigned by George Graham, commissioner of the general land office, under the seal of the general land office, granting to "the rector of the catholic church of St. Anne, of Detroit, for the use of said church, and to his successors in office," certain lands lying on the Macon reserve, situate in the county of Monroe and state of Michigan, and in said patent described: And whereas, said church has since become incorporated, under the name of "the catholic, apostolic and Roman church of St. Anne, of Detroit:" And whereas, Doubts whe said church now constitutes a part of the diocese of Michigan, which diocese has over it a bishop, whereby there have arisen some doubts as to whether there is, properly speaking, a rector of said church, the person who, at the time of the date of said ther there is a rector. The catho lic, apostolic and Roman Anne, of De full power in as though said lands had been said corpora tion by name. patent, was rector, having since died: And whereas, difficulties have occurred by reason of the premises, in preventing the commission of waste and other wrongs on said land and premises, and in obtaining and retaining the possession thereof, therefore, SECTION 1. Be it enacted by the Senate and House of Rechurch of St. presentatives of the State of Michigan, That, for the purpose troit, to have of removing the difficulties above contemplated, and of enaall respects, bling the church to protect said lands, to guard and secure her rights over the same, and to carry the laws into effect in the granted to premises, that the said corporation, viz: "the catholic, apostolic and Roman church of St. Anne, of Detroit," are hereby declared to be clothed with, and to have all the power and authority in regard to the said lands, and the appurtenances, that the rector of said church, at the time of issuing of the said patent, or any of his successors had, or might or could have had or possessed, by virtue of said patent; and all the rights, privileges and powers conferred the rector and his successors, upon by virtue of said patent, are hereby transferred to said corporation, for the use and benefit of said church; and all suits and proceedings, now instituted or had, or which hereafter may be instituted or had, in the name of said corporation, for the recovery of damages against trespassers and wrong-doers, on said land and premises, for the protection of said lands and premises, or for, or in the exercise of any power, privilege or right, which the said corporation would or might have had, possessed or exercised, if said patent had issued to, and the lands therein been granted to said corporation, by name, instead of to said rector, are hereby declared to be, and shall continue to be as legal, valid, full and effectual, as if said patent had been issued to, and the lands therein been granted to said corporation, by name, instead of to said rector. In suits brought for aver that it is the property of said church. § 2. If any suits or prosecution shall be commenced in the waste, may name of the people of the state of Michigan, against any person or persons, for the cutting down of any tree or trees, or commission of other wrongs on said land and premises, punishable in the name of said people, under the laws of this state, it shall be sufficient and lawful to aver, in the complaints and indictments, that the property is the property of "the catholic, apostolic and Roman church of St. Anne, of Detroit," and this act shall be conclusive evidence of such property against all persons not claiming the said lands by title derived from said rector, or from said corporation, or by patent from the United States. § 3. This act shall take effect immediately. Approved, April 9, 1841. [No. 54.] AN ACT to provide for the protection of Indians, and for other purposes. pable of su ing sued. SECTION 1. Be it enacted by the Senate and House of Re- Indians capresentatives of the State of Michigan, That any Indian shalling and bebe capable of suing and being sued in any of the courts of justice of this state, and shall be entitled to all the judicial rights and privileges of other inhabitants thereof. selling in drink to Indians shall § 2. That if any person shall sell, exchange or give, barter, Any person or dispose of any spirituous liquor, wine, mixed liquor, or other toxicating strong and intoxicating drink, to any Indian or Indians, male forfeit $20, or female, such person shall forfeit and pay the sum of twenty sequent ofdollars upon the first conviction thereof, and the sum of forty dollars for each subsequent offence. for each sub fence, $40. in an action half to the prosecutor. § 3. Any forfeiture incurred under, and by virtue of the last Recovered preceding section of this act, may be recovered in an action of of debt; one debt, before any justice of the peace, in the name of the people of the state of Michigan, and one half of said forfeiture shall be allowed to the person prosecuting said action, and the other half shall be paid to the treasurer of the county in which such offence shall be prosecuted. issue against for want § 4. Upon any judgment rendered for any forfeiture or pe- Execution to nalty incurred by reason of a violation of the second section of goods, and this act, execution shall be issued against the goods and chat- thereof, the tels of the defendant, and for want of goods and chattels body. |