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[No. 142. ]
AN ACT to facilitate trials and proceedings by jury.
jurors to atempaneling to be minu
ted by court
and trial to
SECTION 1. The People of the State of Michigan enact, That after the empaneling of a jury for any purpose, if from death, Inability of sickness, or any other cause, any of said jurors shall be unable to attend, the court in which said jury is empaneled may that fact upon their journal or docket, setting forth the cause proceed as if panel were of such inability; and said cause or other proceedings shall then fall. proceed in the same manner, and with the same effect, as if the whole panel were present: Provided, The number of jurors so absent shall not be greater than three in a jury of twelve, or two in a jury of six, and that this act shall not apply to the trial of criminal cases in courts of record.
Approved March 13, 1861.
[ No. 143. ]
AN ACT to exempt sewing machines from levy and sale on execution.
SECTION 1. The People of the State of Michigan enact, 'That all sewing machines owned by individuals and kept for the ac- Sewing matual use of themselves or their families, shall be exempt from empt from levy and sale on execution, not exceeding one such machine for
Sec. 2. This act shall take immediate effect.
Approved March 13, 1861.
[ No. 144. ]
AN ACT to amend chapter thirty-two of the compiled laws, entitled "of limited partnerships."
SECTION 1. The People of the State of Michigan enact, That section thirteen, of chapter thirty-two, of the compiled laws, Section entitled of limited partnerships, be amended by inserting after the word "certificate," in the fourth line of said section, the
Sections ad ded
not deemed general by
words “except as hereinafter provided,” so that said section,
as amended, will read as follows, viz: Alteration (1281.) Sec. 13. Every alteration which shall be made in the of partner
names of the partners, the nature of the business, in the capital, ship deemed a dissolution
or in the shares thereof, or in any other matter specified in the original certificate, except as hereinafter provided, shall be deemed a dissolution of such limited partnership; and every such partnership which shall in any way be carried on after such alteration shall have been made, shall be deemed a general partnership, unless renewed as a special partnership, according to the provisions of the last preceding section.
Sec. 2. Four new sections shall be added to said chapter thirty-two, to stand as sections twenty-one, twenty-two and twenty-three, as follows:
Sec. 21. No limited partnership shall be deemed a general partn'rships
partnership by reasons of any alteration in the names of the alteration. partners, as provided in section thirteen of this chapter, occa
sioned by one or more of the general partners selling his interest therein to the other general partner or partners, or to any other person or persons, nor by reason of one or more of the special partners selling his interest and stock therein to the other special partner or partners, or to any other person or persons: Provided. That no capital stock shall be thereby withdrawn so as to reduce the capital stock below the sum stated in the orig
inal certificate mentioned in section four of this chapter: And Oertification provided also, That within thirty days after any such alteration, ships. impertinere the remaining or succeeding partners shall make and seve
rally sign a certificate, stating the fact of such alteration, and the name or firm under which the business is to be continued, the names of the remaining or succeeding general and special partners, specifying which are general and which are special partners, and their respective places of residence, and the amount of capital stock which each of the remaining or succeeding partners shall own after such alteration, which certifi
cate shall be acknowledged, as provided in section five of this edged and
chapter, and with the certificate of such acknowledgment shall
be filed in the same clerk's office in which such original certificate was filed; and at the time of filing the same, an affidavit Affidavit of of one or more of the remaining general partners shall also be filed in the same office, stating the fact of such alteration, and that the capital stock has not been reduced by such alteration below the sum stated in said original certificate; and if any false statement be made in said certificate or affidavit, provided for in this section, all the persons interested in such partnership shall be liable, as general partners for all the engagements thereof.
Sec. 22. Within the same time above provided, for making Notice of al and filing such certificate and affidavit, the fact of such altera- be publishtion and the names of the remaining or succeeding general and special partners, designating which are general and which special, and the amount of capital stock of each special partner, shall be published in the same manner and for the same length of time provided in section ten of this chapter, and affidavits of such publication may be made and filed as provided in sec. tion eleven, and with like effect.
Sec. 23. The liability of the persons composing the original Liabilities of partnership shall remain unchanged, except as between each parto’rships other, until the certificate and affidavit shall be filed and the notice duly published, as herein before provided. Sec. 24. A special partner may from time to time examine Rights of a
special part. into the state and progress of the partnership concerns, and ner may advise as to their management; he may also loan money to, and advance and pay money for the partnership, and may take and hold the notes, drafts, acceptances, and bonds of or belonging to the partnership, as security for the repayment of such moneys and interest, and may use and lend his name and credit as security for the partnership, in any business thereof, and shall have the same rights and remedies in these respects as any other creditor might have.
Sec. 25. This act shall take immediate effect.
[ No. 145. ] AN ACT to authorize the people of Gratiot, and other new
counties, to work out the amount of their indebtedness to this State on the highways in said counties.
Section 1. The People of the State of Michigan enact, That all Relief notes notes taken, by virtue of the act of the legislature of eighteen ered to Co. hundred and fifty-nine, for the relief the people of Gratiot and treasurers.
other new counties, and now held by the treasurer of this State, be, and said State Treasurer is hereby directed to deliver up, all such notes to the county treasurers of the counties where such notes were taken and payable, upon the application of such county treasurer, who shall give his receipt for the
to be deliv.
Treasurer to Sec. 2. Each county treasurer shall, within one month after meke a list thereof and receiving said notes, make a list containing the name of the deliver to highway maker of each note, with the date and amount of the same, and
send a copy to the highway commissioners of each town in
which any of said debtors reside. Daty of com
Sec. 3. It shall be the duty of said highway commissioners, on receipt of on the receipt of such list, to immediately notify each indilist.
vidual on the same, living in his town, cf the amount due from him, and also designate the time when, (not to exceed one year,) and the place where, in the road district where such debtor
lives, he may work out the amount due from him to this State Powers of
on his said note. Said commissioners shall also determine the way and manner said work shall be done, and shall have full power to let jobs or have the work done by the day, 'as they shall deem for the best interests of the public, and when any individual has worked out the amount of his note, as above directed, the highway commissioners shall give him a certificate to that effect, and upon the presentation and surrender of
which, to the county treasurer, he shall deliver up his note. Notes of Sec. 4. H any person shall neglect or refuse to work out the fusing to
amount due this State upon his note, after having been notified by the highway commissioners as hereinbefore specified, it shall then be the duty of the county treasurer to collect or dispose
work to be sold.
of said notes and the proceeds, as the board of supervisors of said county shall direct.
Approved March 13, 1861.
[ No. 146. ] AN ACT to amend sections four hundred and four and four
hundred and five of the compiled laws, being sections sixtythree and sixty-four, of chapter ten, enabling county clerks to appoint deputies.
Section 1. The People of the State of Michigan enact, That section four hundred and four of the compiled laws, being sec- Section tion sixty-three, of chapter ten, be amended so as to read as follows: Each county clerk shall appoint one or more deputies, to be Co. clerk to
appoint dep approved by the circuit court, one of whom shall be designated uties. in the appointment as the successor of such clerk in case of vacancy from any cause, and may revoke such appointment at his pleasure, which appointment and revocation shall be in writing, under his hand, and filed in the office of the county treasurer, and the deputy or deputies may perform the duties of such clerk: Provided, That no practicing attorney shall be made such deputy. Sec. 2. That the county clerk and his sureties shall be re- Clerk ro
sponsible for sponsible for the acts of his deputy or deputies; and in case of acts of. the death, resignation or removal of the clerk, or in any case of a vacancy by any other means in the said office of clerk, the deputy or deputies shall severally perform all the duties of such clerk until such vacancy sball be filled.
Approved March 13, 1861. .