Imagens das páginas
PDF
ePub

or through them, as valid and effectual to convey the legal title of the premises therein described, as if the same had been executed and acknowledged by the husband and wife in person.

edgement of

of Co. clerk.

Sec. 3. No deed of lands situate in this State, heretofore or Acknowl hereafter executed, shall be deemed defective by reason of any de.ds. informality or imperfection in the certificate of acknowledg ment, if it shall sufficiently appear by such certificate that the person making the same was legally authorized to take such acknowledgment, and that the grantor or grantors named in such deed were personally known to him, and that he or they personally appeared before him and acknowledged such deed to be his or their free act; and if such deed was executed out of this State, it shall be sufficient if the certificate, Certificate under the seal of office of the clerk or other proper certifying officer of the court of record of the county or district within which such acknowledgment was taken, in cases where any such certificate was required, sufficiently show that the person before whom such acknowledgment was taker, was, at the date thereof, such officer as he is therein represented to be; and whenever such deed has been recorded in the office of Recording. the register of deeds of the proper county, such record shall be effectual for all purposes of a legal record, and the record of such deed, or a transcript thereof, may be given in evidence, as in other cases: Provided, That nothing in this section, or in the Proviso. preceding two sections contained, shall impair the rights of any person under a purchase heretofore made in good faith, and on valuable consideration.

[ocr errors]

struments

good faith

Sec. 4. No conveyance of land or instrument intended to Defective in operate as such conveyance, made in good faith and upon a made in valuable consideration, whether heretofore made or hereafter to not void. be made, shall be wholly void by reason of any defect in any statutory requisite in the sealing, signing, attestation, acknowledgment, or certificate of acknowledgment thereof; but the same, when not otherwise effectual to the purposes intended, may be allowed to operate as an agreement for a proper and

of in equity.

Record

hereof to be

lawful conveyance of the premises in question, and may be Enforcem'at enforced specifically by suit in equity in any court of competent jurisdiction, subject to the rights of subsequent purchasers in good faith and for a valuable consideration; and when any such defective instrument has been or shall hereafter be recorded in the office of the register of deeds of the county in which such lands are situate, such record shall hereafter ope rate as legal notice of all the rights secured by such instrument. Sec. 5. This act shall take effect immediately. Approved February 2, 1861.

notice.

[ No. 22. ]

AN ACT to authorize the Fort Street Presbyterian Church, of
Detroit, to hold certain property.

SECTION 1. The People of the State of Michigan enact, That Authorized the Fort Street Presbyterian Church, of Detroit, a religious

to receive

land.

Not to alien-
ate the
same.

corporation, organized in pursuance of the statute in such cases made and provided, and the name thereof being established by special act of the legislature, be and the same is hereby authorized and empowered to receive a conveyance of such lot or parcel of land on the "Woodbridge Farm," in the city of Detroit, as may be deemed most suitable to be held by the said corporation, solely and exclusively for the purpose of maintaining thereon a Sunday school and religious meetings, and to be by them thereafter conveyed to a new Presbyterian church.

Sec. 2. This act shall not be construed to authorize the said corporation to hold said property in any manner inconsistent with the terms and conditions of the conveyance thereof; and they shall not have the power at any time, with or without the approval of the circuit court, or otherwise, to alienate the same to any other than the uses designated, nor to embarrass or cut off the right of reversion in the party or persons who may deed the said lot or parcel of land, and his or their heirs.

Sec. 3. This act to take effect immediately.

Approved February 2, 1861.

[No. 23. ]

AN ACT to extend the time for the collection and return of taxes in the unorganized territory in Manitou county.

tended.

SECTION 1. The People of the State of Michigan enact, That the time for the collection of taxes in the unorganized territory Time exin Manitou county be extended to the first day of June, in the year one thousand eight hundred and sixty-one, and until the same date in each year thereafter, until said territory shall become organized; and the proper officer whose duty it is to collect the said taxes shall, by the first day of June in each year, make his returns as fully, and in like manner, to the Returns, county treasurer, as he should have done had he made his returns the first day of February.

when made.

taxes.

Sec. 2. A transcript of all unpaid taxes in said unorganized Unpaid territory returned to the county treasurer of Manitou county, in pursuance of the foregoing provisions, shall be returned to the Auditor General as soon as practicable, and in like manner as now required by law, except the time of making said returns; and the Auditor General is hereby authorized to receive such returns so made, and such unpaid taxes shall be collected in How colthe same manner, and with interest from the same time as other taxes for like years, and duly returned to the Auditor General for non-payment.

lected.

cer.

Sec. 3. It shall be the duty of the officer whose duty it is to Duty of officollect the taxes in the territory aforesaid, before he shall be entitled to the benefits of this act, to pay all money collected during the time he was heretofore allowed by law to collect the same, and to execute to the treasurer of said county a bond in New bond.

a similar form, and with like condition and penalty as is re

quired by law of county treasurers, with sufficient sureties, to
be approved by such treasurer.

Sec. 4. This act to take effect immediately.
Approved February 2, 1861.

Aet amend

ed.

Penalty for delay of

[ No. 24. ]

AN ACT to amend an act entitled "an act to authorize the incorporation of bridge companies," approved April fourth, one thousand eight hundred and fifty-one, by adding two sections thereto.

SECTION 1. The People of the State of Michigan enact, That an act entitled "an act to authorize the incorporation of bridge companies," approved April fourth, A. D. one thousand eight hundred and fifty-one, be amended by adding thereto two sections, to stand as sections seventeen and eighteen.

Sec. 17. Every toll gatherer at any such bridge, who shall travelers. unreasonably hinder, detain or delay any traveler or passenger, shall, for each offense, forfeit the sum of five dollars to the party aggrieved, and shall be further liable to the party aggrieved for all damages, to be sued for in the name of the party, in an action of debt or assumpsit; and when execution shall have been issued on a judgment so recovered, and the same cannot be collected for want of goods and chattels of the person against whom the same was rendered, the amount of such judgment unsatisfied, with costs, may be recovered of such incorporation.

Recovery thereof.

Penalty for

not paying toll.

Proviso.

Sec. 18. Any person who shall forcibly or fraudulently pass the toll-gate or toll-house of any bridge erected pursuant to the provisions of this act, not having paid the legal toll, shall, for each offense, be liable to a fine not exceeding ten dollars, to be sued for and recovered by such company in an action of debt. or assumpsit: Provided, Nothing in this section shall be so construed as to authorize the taking of tolls on any such bridge contrary to the provisions of section six of the act to which this is an amendment.

Sec. 19. This act to take effect immediately.
Approved February 2, 1861.

[ No. 25. ]
]

AN ACT to amend sections nine and thirty-four, of chapter one hundred and three, of the revised statutes of eighteen hundred and forty-six, compiled laws, volume two, sections fortythree hundred and fifty-one and forty-three hundred and seventy-six.

SECTION 1. The People of the State of Michigan enact, That sections nine and thirty-four, of chapter one hundred and three, of the revised statutes of eighteen hundred and forty-six, be amended so as to read as follows:

tions of.

Sec. 9. The said officers shall proceed to select from the per- Jurors. sons assessed on the assessment roll of the township or ward for the same year, suitable persons, having the qualifications of electors, to serve as jurors; and in making such selection, they shall take the names of such only as are not exempt from serving on juries, who are in possession of their natural facul- Qualificaties, and not infirm or decrepid, of good character, of approved integrity, of sound judgment, and well informed, and conversant with the English language, and free from all legal exceptions, and who have not made, and in whose behalf there has not been made, to the officers mentioned in the preceding section, any application to be selected and returned as jurors.

Sec. 34. When there shall not be jurors enough present to Panel, how completed. form a panel in any cause, the circuit court may direct the sheriff, or other proper officer, to summon a sufficient number of persons having the qualifications of jurors, to complete the panel from among the bystanders, or from among the neighboring citizens; and the sheriff shall summon the number so ordered accordingly, and return their names to the court: Provided, That any person so summoned to complete the said jury, may be peremptorily challenged therefrom, by either party, in addition to the other challenges allowed by law, in case he has been before so summoned to complete a jury at the same, or the next preceding term of said court.

Sec. 35. This act shall take effect immediately.

Approved February 2, 1861.

Proviso.

« AnteriorContinuar »