of any two of said board, within two months after the approval of this act, and afterwards shall meet upon their own appointments; but in cases of emergency, the president may call special meetings of the board, by giving notice to each member at least two days before the time of such meeting.

and orna

ment

§ 5. The board of trustees shall faithfully apply all funds To purchase collected or received by them, according to their best judg-round. ment, in purchasing suitable grounds for the purpose of said cemetery, in protecting and ornamenting the same, and in procuring such other means as may be necessary for the success of the object contemplated by this act.

give bonds.

§ 6. The treasurer of said board of trustees shall always, Treasurer before entering on the duties assigned him, give a bond for the security of the corporation and the public, in such penal sum, and with such sureties as the board of trustees shall approve; and all process against the said corporation, shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the president of the board at least thirty days before the return thereof.

§ 7. The legislature may at any time alter, amend or repeal this act by a vote of two-thirds of each house.

§ 8. This act shall take effect and be in force from and after its passage.

Approved, February 20, 1840.

[No. 18.]

AN ACT for the relief of the township of Lebanon, Clinton county, and the township of Richfield, Lapeer county.

Whereas, The assessors of the township of Lebanon, in the Preamble. county of Clinton, were not enabled to perfect the assessment in that township within the time prescribed by law, for the year one thousand eight hundred and thirty-eight: And whereas, doubts were entertained as to the right of collecting such taxes

Preamble.

Taxes, how

collected.

To legalize the collec

as were assessed upon that township, for the year one thousand eight hundred and thirty-eight; and,

Whereas, The commissioners for the county of Clinton did, in the year one thousand eight hundred and thirty-nine, add to the taxes in that township for the year one thousand eight hundred and thirty-nine, the taxes which had been levied for the year one thousand eight hundred and thirty-eight, therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the assessment for the year one thousand eight hundred and thirty-eight, and the taxes levied in pursuance thereof, in the township of Lebanon in the county of Clinton, for the year one thousand eight hundred and thirty-nine, shall be collected and returned, and in every other respect proceeded on in the same manner, and the same shall be as valid as if such assessment had been made at the time prescribed by law, and such addition had not been made of the taxes for the year one thousand eight hundred and thirty-eight, to the tax list of the year one thousand eight hundred and thirty-nine.

§ 2. That the assessment for one thousand eight hundred tion of taxes and thirty-nine, and the taxes levied in pursuance thereof in Lapeer co. the township of Richfield in the county of Lapeer, for the year

in Richfield,

one thousand eight hundred and thirty-nine, shall be collected and returned, and in every other respect proceeded on in the same manner, and the same shall be as valid as if such assessment had been made at the time prescribed by law.

§ 3. This act shall be in force from and after its passage. Approved, February 24, 1840.

District

court.

[No. 19.]

AN ACT to establish a district court within the county of Wayne.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That there shall be estab

lished in the county of Wayne, a court of record, to be called "the district court of the county of Wayne."

judge to hold his office four years.

judges asso

§ 2. That the governor, by and with the advice and consent Presiding of the senate, shall appoint some person learned in the law, to be presiding judge of the said court, who shall hold his office for four years, and the associate judges of the circuit court of County said county shall be associate judges of the said district court, ciated. and any two of the said judges shall be a quorum for the trans- Any two a action of the business of the court. Provided, That in case of the absence of the said associate judges, the said presiding judge may hold said court.

quorum.

§ 3. That the said district court shall have cognizance of all Jurisdiction crimes, misdemeanors and offences committed against the laws of the state, and of all prosecutions in the name of the people of the state, for crimes, misdemeanors, offences and penalties, in as full and ample a manner as the circuit court of said county now has.

§ 4. That there shall be four terms of said district court Four terms. held in each year, at the city of Detroit, to sit on the first Tuesdays of March, June, September and December, and that the said court may be held and continued as long as it shall be necessary, and may adjourn from time to time, for the transaction of business before it.

clerk to be

§ 5. That the county clerk of said county shall be clerk of County said district court, and shall issue, sign and seal all processes clerk of, &c. issuing therefrom, which shall be tested in the name of the presiding judge of said court, and said clerk may use his private seal till he shall procure a proper seal for said court, and shall have the same power to administer oaths, as clerks of the circuit court by law have.

dictments,

§ 6. That the said district court shall have full power and To try inauthority to issue all legal process proper and necessary to &c. carry into effect the jurisdiction given to it by law; and all the laws of the state, giving jurisdiction, power and authority to the respective circuit courts, relating to penalties or touching offences against the laws of the state, or giving jurisdiction, power and authority to hear, try and determine indictments

Clerk to isBue venire for grand

and petit jurors.

for offences against the laws of the state, shall be, and the same are hereby made applicable to the said district court, hereby established.

§ 7. That the said clerk shall issue venires for grand jurors and petit jurors, to attend said district [court,] at the respective terms thereof, in the manner prescribed by chapter five, title two, and part three of the revised statutes, for jurors to attend the circuit court, and the said chapter is hereby made applicable to the said district court, as fully as it is to the said circuit courts.

Venire for § 8. That no venire shall be issued for a grand jury to atnot to be is- tend the circuit court in said county, unless by the special order

grand jurors

sued except

by special of said circuit court.

order.

Compensation of judges.

Presiding judge may grant writs of habeas corpus.

Indictments pending.

Recogni

zances.

§ 9. That the presiding judge of said district court hereby established, shall be entitled to a compensation of five hundred dollars, to be paid in quarterly instalments from the county treasury, and the associate judges such compensation as is or may be allowed by law, for their services as associate judges of the circuit court.

§ 10. That the said presiding judge shall have the same power and authority to grant writs of habeas corpus, returnable before himself, and to adjudicate thereon, and to do all other acts in vacation which any judge of the circuit court may by law do or perform.

§ 11. That all indictments now pending undetermined in the circuit court of said county, may be heard, tried and determined in the district court hereby established, and the clerk shall enter said causes on the docket of the district court at its first term, and the same may be proceeded in, in the same manner as though the same were originally presented in said district

court.

§ 12. In all cases, complaints and proceedings before justices of the peace, or others, hereafter to be had, the recognizances and all papers appertaining to such causes, complaints or proceedings heretofore returnable to, or required to be presented in said circuit court, of which jurisdiction is by this act, given to said district court, shall hereafter be returnable to, and be

presented in and proceeded with in said district court; and the parties, by the condition of all such recognizances, shall be obliged and bound to be and appear in said district court, as they have heretofore in said circuit court; and all such recognizances taken between the time of passing this act and the next term of said district court, shall be deemed to be returnable at said next term of said district court, and be proceeded with accordingly.

may be removed to

court by

ror.

§ 13. That the proceedings of said district court, at any Proceedings time before or after sentence of final judgment in any cause, superior may be removed to the supreme court, by writ of error, or writ of erother process, in the same manner that proceedings in criminal cases may now by law be removed to the supreme court from the circuit courts, and the supreme court shall proceed to adjudicate thereon in the same manner as in cases removed from the circuit court.

make rules.

§ 14. The said district court shall have power to make rules Power to for regulating the practice and conducting the business thereof in all cases not expressly provided for by law, and to revise and alter the same, from time to time, as they shall deem proper.

Approved, February 27, 1840.

[No. 20.]

AN ACT to authorize the conveyance of real estate of minors in certain cases.

chancery

convey

lands.

to

SECTION 1. Be it enacted by the Senate and House of Repre- Court of sentatives of the State of Michigan, That whenever any in- may compel fant shall be seized or possessed of any lands, tenements or hereditaments, by way of mortgage, or in trust only for others, the court of chancery, on the petition of the guardian of such infant, or on the petition or application by bill or otherwise, of any person in any way interested, may compel such infant to