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state cir- tempt, shall also state the circumstances of the offence, or it shall be

cumstances,

&c.

Witness re

fusing to be

void.

Sec. 285. When a witness attending before any justice in the cause, sworn, or to shall refuse to be sworn in the form prescribed by law, or to answer any

testify, may be commit

ted.

Warrant

what to spe

cify.

Cause to be adjourned until wit

pertinent or proper question, such justice may by warrant commit such witness to the jail of the county.

Sec. 266. Such warrant shall specify the cause for which the same is issued, and if it be for refusing to answer any question, such question shall be specified therein; and such witness shall be closely confined, pursuant to such warrant, until he submit to be sworn, or to answer, as the case may be.

Sec. 267. The justice shall thereupon adjourn such cause at the request of the party in whose favor such witness attended, from time to testity, or be time, until such witness shall testify in the cause, or be dead, or other

ness shall

incapable,

&c. wise incapable of testifying as a witness.

Constable

Sec. 268. Every constable to whom any execution shall have been ceed on exe- delivered, and whose term of office shall expire before the time within

may pro

cution after

of his term. -$178.

expiration which the return or collection of such execution is required by law, shall proceed thereon in the same manner, and shall have the same power in relation thereto, as if his term of office had not expired; and such constable and his sureties shall be liable for any neglect of duty, and for moneys collected upon such execution, in the same manner, and to the same extent, as if the term of office of such constable had not expired.

Fending actions may

Sec. 269. No action or proceeding, pending at the time this chapter proceed un- takes effect, shall be affected thereby, but the same may proceed under der this act the provisions of this chapter; or the chapter hereby amended, may apply thereto.

Approved February 13, 1855.

[ No. 174.]

AN ACT to prevent the wrongful taking, detaching from the ground, or injuring any fruit tree, shade tree, ornamental shrub, plant, vine, or vegetable.

SECTION 1. The People of the State of Michigan enact, That Taking, injuring, &c. any person who shall wrongfully take and carry away from any place, any fruit tree, ornamental tree, shade tree, ornamental shrub, or any plant, vine, bush or vegetable, there growing, standing or being, with intent to deprive the owner thereof; or who shall without right and with wrongful intent detach from the ground or injure any fruit tree, ornamental tree, shade tree, ornamental shrub, or any plant, vine, bush or vegetable, shall be guilty of a misdemeanor, and on conviction thereof be punished by imprisonment in the county jail not more than six months, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment, in the discretion of the court. Approved February 14, 1855.

NOTE.-The words enclosed in brackets in the foregoing pages were in the engrossed bills, as passed by the Legislature, but are not in the enrolled copies.

JOINT RESOLUTIONS.

[ No. 1.]

JOINT RESOLUTION relative to the claim of Jonas H. Titus. Resolved by the Senate and House of Representatives of the State of Michigan, That the Board of State Auditors be and are hereby authorized to audit and pay the claim of Jonas H. Titus, for services as Commissioner of the State to the Exhibition of Industry of all Nations, in the city of New York, in the year 1853. Approved January 12, 1855.

[ No. 2.]

JOINT RESOLUTION of instruction to the Agent and Inspectors of the State Prison.

Resolved by the Senate and House of Representatives of the State of Michigan, That the Agent and Inspectors of the State Prison be instructed to carefully and promptly investigate the financial situation, management, and all other matters relative to that institution, which may claim the attention of the Legislature, and report the same without delay, and the Secretary of the Senate be requested to furnish William Hammond, the Agent, and each of the Inspectors, severally, with a copy of this resolution.

Approved January 17, 1855.

[Ng. 3. 1.

JOINT RESOLUTION relative to the printing of a Manual. Resolved by the Senate and House of Representatives, That the committee on printing be instructed to prepare and cause to be published, with all practicable dispatch, for the use of the two Houses of this and the next Legislature, a manual, containing the rules of each. House, the joint rules of the same, and the rules of the said Houses in joint convention, with an index thereof; the revised constitution of this State, with an index thereof; the census of this State for the years one thousand eight hundred and forty-five, one thousand eight hundred and fifty and one thousand eight hundred and fifty-four, by townships and Aunties, in alphabetical order; a table of the names, residence, postoffice address, boarding house, &c., of each member of the Legislature; a list of the Senators by districts, and of the Representatives by counties, and the districts thereof; a table of the standing committees of each House, and a calendar of the present year; and also, a diagram of the two Houses.

Approved January 19, 1855.

[ No. 4.]

JOINT RESOLUTION for the relief of certain purchasers of University Lands.

Resolved by the Senate and House of Representatives of the State of Michigan, That the Treasurer of the State of Michigan be and he is hereby authorized, and it shall be his duty to receive the money, principal and interest, unpaid upon any one or either of the certificates following, to wit: certificates respectively number 619, issued by the Commissioner of the Land Office to William Oliver; 637, 638 and 639, issued to Albert.V. Stebbins: Provided, The same shall be paid on or before the first day of March, A. D. 1855. Upon the payment of the amount of the principal and Interest unpaid within the time aforesaid, upon any one of the aforesaid certificates, and upon the surrender of the same, the land in such certificate mentioned shall be conveyed to the purchaser named therein, or his heirs or assigns, in like manner as if the same had been fully paid before forfeiture..

This resolution to take effect immediately.
Approved January 20, 1855.

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