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amended.

§ 2. That the fourth section of the aforesaid chapter, title Section, as and part of the revised statutes, be so amended as to read, "when any sum due by such contract shall remain unpaid for the space of sixty days after the same is payable, the creditor may, upon petition to the circuit court of the county wherein the land lics, obtain a decree for the sale thereof, either absolutely, subject to the provisions of this chapter, or for such a term of years as may be sufficient to pay the amount due in virtue of any such contract, or for the sale of said land, or the interest of the contracting lessee therein, as above, and also for the sale of such building and appurtenances as the court may, upon proper showing, deem most expedient and for applying the proceeds to the discharge of his demand."

§ 3. That this act shall take effect and be in force from and after its passage.

Approved, March 13, 1840.

[No. 36.]

AN ACT to provide for the immediate effect of an act entitled "An act to provide for a district court in the county of Wayne."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the act entitled "An act to provide for a district court in the county of Wayne," be, and the same is hereby declared to be in force and effect.

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

Approved, March 13, 1840.

[No. 37.]

AN ACT for the relief of the Monroe and Ypsilanti railroad company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the time for the con

struction of the first twelve miles of said Monroe and Ypsilanti railroad, be extended four years from the twenty-eighth day of March, one thousand eight hundred and forty, and the rights, powers and privileges of said corporation shall be continued to them the same as if said road had been completed within the time prescribed in their charter.

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

Approved, March 13, 1840.

[No. 38.]

AN ACT to grant certain privileges and exemptions to the firemen of the city of Detroit, and others. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all persons who have become, or who shall hereafter become entitled to the privileges and exemptions of firemen, pursuant to the provisions of an act entitled "An act relative to firemen," approved March twenty, one thousand eight hundred and thirty-eight, by services as firemen in the city of Detroit, or in any other incorporated town, village or city in this state, shall be entitled to said privileges and exemptions for so long a time as such. person shall continue to reside in, and be citizens of this state. Approved, March 14, 1840.

Punishment

for larceny.

[No. 39.]

AN ACT to amend part fourth, title first, and chapter fourth of the revised statutes, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That every person who shall commit the offence of larceny, by stealing of the property of another, any money, goods or chattels, or any bank note,

LAWS OF MICHIGAN.

bank bill, bond, promisory note, due bill, bill of exchange or other bill, order or certificate, or any book of accounts, for or concerning any money or goods due, to become due, or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any receipt, release, or defeasance, or any writ, process, or public record, shall, on conviction thereof, be punished by imprisonment in the state prison, or in the county jail, at hard labor, not exceeding ten years, and by fine not exceeding one thousand dollars, or both, at the discretion of the court.

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for obstructing, resist

posing

§ 2. That if any person shall knowingly and wilfully ob- Punishment struct, resist, or oppose any sheriff, coroner, constable, or other ing of op officer or person duly authorized, in serving or attempting to sheriff. serve, or execute any process, writ, rule, warrant, or order, issued by virtue of the laws of this state, or any legal or judicial writ, warrant or process whatsoever, or shall assault, beat, or wound any sheriff, coroner, constable, or other officer or person duly authorized in serving or attempting to serve, or execute any writ, rule, warrant, order or process aforesaid, or for having served or executed the same, every person so knowingly and wilfully offending in the premises, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, and by imprisonment at hard labor either in the state prison or in the county jail, not exceeding three years, at the discretion of the court.

§ 3. That all rescues in criminal cases, shall, on conviction Rescues. thereof, be punished by fine not exceeding one thousand dollars, and imprisonment, either in the state prison or the county jail, at hard labor, not exceeding three years, at the discretion of the court.

prison.

§4. That if any person being imprisoned in the state prison Breaking for any crime not punishable with death, shall break prison and escape, or break prison though no escape shall actually be made, or shall, by force and violence attempt to escape therefrom, he or she so offending shall, on conviction, be punished by fine not exceeding five hundred dollars, or by further imprisonment in the state prison, not exceeding three years, or

Wilfully or unlawfully

ing or des

ters, patent,

charter, deed, &c,

both, at the discretion of the court; and when any prisoner shall actually break the prison and escape, or escape without breaking the prison, the court, in addition to the sentence for breaking the prison and escaping, shall sentence such offender to imprisonment for as long a time as may have remained unexpired, of his former sentence, at the time of such escape. § 5. That if any person shall wilfully, unlawfully, and malitearing, cut- ciously tear, cut, burn, or in any way whatsoever destroy any troying let letters, patent, charter, deed, indented or deed, poll, lease, indenture of apprenticeship, writing sealed, will, testament, bond, annuity, bill, writing, obligatory, release, bank bill or note, check, draft, bill of exchange, prmissory note for the payment of money, or other thing, endorsement, or assignment, or any bill of exchange, or any accountable receipt, or any warrant, order or request, for the payment of money, or for the delivery of any goods or chattels, or any certificate or other security of the United States, or any of the United States, or of this state, for the payment of money, or acknowledging the receipt of money, or goods, or any acquittance, receipt, either for money or goods, or any other acquittance, receipt, or discharge of any debt, account, action, suit, or demand, or other thing, real or personal, or any transfer or assurance of money, or stock, goods, or chattels, or other property whatsoever, or any letter of attorney, or other power to receive money, or to let, lease, sell, or dispose of, alien or convey any goods, chattels, lands or tenements, or other estate, real or personal, or any day book, journal or ledger, book of accounts, or any contract or agreement in writing, whether sealed or not, respecting any estate, real or personal, with intent to injure, prejudice, or damage or defraud any person or persons, body corporate or politic, such person so offending shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and by imprisonment, either in the state prison or in the county jail, not exceeding three years, at the discretion of the court. § 6. That if any person shall wilfully, maliciously and unmill, store, lawfully, beat down, break down, demolish, or otherwise destroy, or damage any dwelling house, shop, mill, store, office, warehouse, barn, stable, or other building of another, or any

Destroying

any dwelling, shop,

office, &c.

meeting house, church, or other public building, or shall wilfully, maliciously and unlawfully, break the door or window of any dwelling house, store, shop, office, warehouse, mill, or other building of another, or any meeting house, church, or other public building, he or she shall, on conviction thereof, be imprisoned in the state prison or in the county jail not exceeding five years, and pay a fine not exceeding two thousand dollars, at the discretion of the court.

and batte

fences not

in this or

some other

law of this state.

§ 7. That assaults and batteries, false imprisonment, may- Assaults hems, affrays, riots, routs, unlawful assemblies, nuisances, ries, and of cheats, deceipts, and all other offences of an indictable nature provided for at common law, and not provided for in this act or some other law of this state, shall be punished by fine not exceeding two thousand dollars, and by imprisonment, either in the state prison or the county jail, not exceeding five years, at the discretion of the court.

labor.

§ 8. And it shall be lawful for the sheriffs of the respective Prisoners to counties, and the jailors under their direction, to require prisoners who now are, or may hereafter be sentenced to imprisonment at hard labor in any county jail, and also prisoners who are or may be sentenced to pay a fine and costs, or either, and to be imprisoned in the county jail until the same be paid, to labor for the public benefit in or about the jail, or on the public highways, or at any kind of labor not incompatible with their safe keeping; and any prisoner who is confined for the payment of fine and costs only, shall be allowed the sum of one dollar for cach day's work, and when he shall have earned the amount of such fine and costs, he shall be discharged.

§ 9. That in any presentment or indictment to be prosecu- Perjury. ted against any person for the crimes of wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court or before whom the oath or affirmation was taken, (averring such court or person or persons to have competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any

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