[No. 103. ] AN ACT authorizing the trustees of the Methodist Episcopal Church, of Muskegon, in the county of Muskegon, to mortgage their church edifice and lands. SECTION 1. The People of the State of Michigan enact, That the trustees, or a majority of them, of the Methodist Episcopal Church, of the village of Muskegon, in the county of Muskegon, are hereby authorized and empowered to mortgage their church edifice and lands, in the village of Muskegon, to secure any debt or debts heretofore contracted by said church, or which may be a legal or equitable lien on the property of the same, and any mortgage so executed thereon shall be valid and effectual in law. Sec. 2. All mortgages heretofore executed on said church property, are hereby confirmed as valid and effectual in law as if the same had been executed under a legal power for that purpose: Provided, That whenever any existing mortgage shall be canceled by the execution of a new one, such new mortgage shall not be made payable and become due at an earlier day than the mortgage so canceled. Sec. 3. This act shall take immediate effect. ded [ No. 104. ] AN ACT to amend chapter seventy-nine of the revised statutes of eighteen hundred and forty-six, (compiled laws, chapter one hundred and three,) by adding three new sections, to be numbered sections fifty-four, fifty-five and fifty-six, in relation to redemptions against sales on executions. SECTION 1. The People of the State of Michigan enact, That Sections ad- chapter seventy-nine of the revised statutes of eighteen hundred and forty-six, the same being chapter one hundred and three of the compiled laws, be amended by adding thereto the following sections: Sec. 54. Any creditor having a mortgage of any lands sold of lands sold tion shall on execution, his representatives or assigns, where the mort Mortgagee gage was executed subsequent to the levy in pursuance of on execuwhich the mortgaged premises were sold, shall have the right have the to acquire the interest vested in the purchaser at the sale, one of the the terms provided in section nineteen of this act, for creditors having a decree in chancery, or judgment at law. quire the ti purchaser. purchaser, ed. Sec. 55. The interest of the original purchaser acquired by Interest of such mortgagee, his representatives or assigns, shall be subject how defeatto be defeated in the same manner as the same right acquired by other creditors, except that unless an execution has been Exceptions. issued on his judgment or decree, and a levy made by virtue thereof on the mortgaged premises, previous to the execution of the mortgage, any creditor acquiring the right of the original purchaser from such mortgagee, his representatives or assigns, shall pay to such mortgagee, his representatives or assigns, the amount due on the mortgage, and be thereby subrogated to the rights of the owners thereof; such creditor shall also reim- Creditor to burse, with interest at ten per cent. per annum, the amount with interpaid by such mortgagee, his representatives or assigns, to acquire the rights of the original purchaser. reimburse est Sec. 56. Creditors shall be allowed to acquire the right of the Rights of original puchaser in the order of their liens. Approved March 7, 1861. original purchaser, how acquired [ No. 105.] AN ACT changing the name of the township of Newark, in the county of Allegan, to that of Saugatuck. SECTION 1. The People of the State of Michigan enact, That changed. the name of the township of Newark, in Allegan county, be Name and is hereby changed to that of Saugatuck. Approved March 7, 1861. entered on cognizance. issued. [ No. 106. ] AN ACT in relation the collection of recognizances in criminal cases SECTION 1. The People of the State of Michigan enact, That Judgment when any person or persons, under recognizance in any crimi forfeited renal prosecution in a court of record, either to appear and an swer, or to prosecute an appeal, or to testify in any court, shall fail to perform the condition of such recognizance, and said recognizance shall become forfeited by reason of a breach of the condition thereof, and such forfeiture shall be entered on record by order of the court, it shall be lawful for the court, after two days thereafter, unless good cause to the contrary be shown, to enter a judgment thereon in debt, and to order an Execution execution to issue thereon, in favor of the people of this State, and against the persons entering into or executing such recognizance, who shall survive, for the full amount or sum specified in the said recognizance, which execution shall be executed in the same manner as executions awarded and executed in judgments in personal actions, and with the like effect in all respects; but the court may at any time, upon good cause shown, set aside the execution and remit the whole or any part of any such recognizance, upon such terms and conditions as to the court may seem just and proper: Provided, That no execution shall issue on such judgment within thirty days after the rendition thereof, unless upon special motion for such execution the court shall be satisfied that delay will be injurious to the public interests. Effect of. Proviso. Not to pre vent collec tion. Sec. 2. This act shall not be construed to prevent the prosetion by ac- cution or enforcement of collection of recognizances in criminal prosecutions, by action or otherwise, in the manner now provided by law, whenever the collection of such recognizance may not have been ordered and enforced under the provisions of this act. Approved March 7, 1861. [ No. 107. ] AN ACT to amend an act entitled an act to provide for the draining and reclamation of swamp lands by means of State roads and ditches, being act number one hundred and seventeen, of session laws of eighteen hundred and fifty-nine. amended. SECTION 1. The People of the State of Michigan enact, That section two of an act entitled "an act to provide for the drain-Section ing and reclamation of swamp lands by means of State roads and ditches," be and the same is hereby amended so as to read as follows: er authoriz. What lands may be ta when pri ty is taken. Sec. 2 For the purpose of laying out and establishing said Commision roads, and procuring the right of way for the same, the commis-ed to survey sioner appointed in pursuance of this act shall have power to survey, or cause to be surveyed, any route for a road to be constructed under the provisions of this act, which will not be less than four nor more than six rods wide, across any of the public lands, the lands of this State, or any private person, and for the location, laying out and opening of such roads, to enter upon and take for the use thereof any such lands lying within the boundaries of the road, and not in any incorporated city or ken. village: Provided, That when it shall be necessary, in construct-Proceedings ing such roads, to take the land of any private person or owner, vate properthe commissioner shall proceed as follows: He shall proceed to view the lands so to be taken, and may give to the owner or View of occupant such notice as he may deem reasonable, to be present and notice. at the view, and make such showing as he may desire touching title, and the amount of damages to be sustained by such taking; and having taken such view, the commissioner shall thereupon Estimate of estimate the amount of such damages, if any, and make and sign a certificate of his finding, describing the lands in question, and cause the same to be filed in the office of the State Filing there Treasurer; and in case the same shall be approved by the of estimate. board mentioned in the third section of this act, such damages Damages, shall be paid out of any moneys in the State treasury that shall at any time, after the passage of this act, acerue from the sales of the swamp lands: Provided, That for all roads other than premises damages. of; approval how paid. entered on cognizance. issued. [ No. 106. ] AN ACT in relation the collection of recognizances in criminal cases SECTION 1. The People of the State of Michigan enact, That Judgment when any person or persons, under recognizance in any crimiforfeited re-nal prosecution in a court of record, either to appear and answer, or to prosecute an appeal, or to testify in any court, shall fail to perform the condition of such recognizance, and said recognizance shall become forfeited by reason of a breach of the condition thereof, and such forfeiture shall be entered on record by order of the court, it shall be lawful for the court, after two days thereafter, unless good cause to the contrary be shown, to enter a judgment thereon in debt, and to order an Execution execution to issue thereon, in favor of the people of this State, and against the persons entering into or executing such recognizance, who shall survive, for the full amount or sum specified in the said recognizance, which execution shall be executed in the same manner as executions awarded and executed in judgments in personal actions, and with the like effect in all respects; but the court may at any time, upon good cause shown, set aside the execution and remit the whole or any part of any such recognizance, upon such terms and conditions as to the court may seem just and proper: Provided, That no execution shall issue on such judgment within thirty days after the rendition thereof, unless upon special motion for such execution the court shall be satisfied that delay will be injurious to the public interests. Effect of. Proviso. Not to prevent collec tion. Sec. 2. This act shall not be construed to prevent the prosetion by ac- cution or enforcement of collection of recognizances in criminal prosecutions, by action or otherwise, in the manner now provided by law, whenever the collection of such recognizance may not have been ordered and enforced under the provisions of this act. Approved March 7, 1861. |