powered to build a dam across the Cedar river, on section number thirty-five, in township number four north, of range number one east: Provided, Said dam shall not exceed eight feet in height above common low water mark: And provided further, That a convienent lock of not less than sixty feet in length and twelve feet in width, shall be constructed for the passage of boats, rafts, canoes and other water craft, whenever the circuit court of said county shall so order, upon good cause shown. § 2. Any person who shall destroy or in any wise injure said dam, shall be deemed to have committed a trespass on the owners thereof, and shall be liable accordingly. § 3. Nothing herein contained shall authorize the persons above named, or their heirs or assigns, to enter upon or flow the lands of any other person, without the consent of such other person; and the legislature may, at any time, alter, amend or repeal this act. Approved, March 24, 1841. [No. 26.] AN ACT defining the place of holding the next annual township meeting of the township of Woodbridge, in the county of Hillsdale. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the next annual township meeting of the township of Woodbridge, shall be held at the house of Burton H. Lanfear, in said township. § 2. This act shall take effect and be in force from and after its passage. Approved, March 24, 1841. [No. 27.] AN ACT relative to the sale of real and personal estate on execution. No property to be sold until apprai SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That no sheriff, officer, sed. or other person, shall make sale of any lands, tenements, or real or personal estate, upon any execution, attachment, or other process, from any court of law or equity, or by advertisement in pursuance of any power of sale, in any mortgage contained, until the same be appraised by disinterested freeholders, as hereinafter provided. sold for less than two thirds its value. § 2. That no lands, tenements, or real or personal estate, Not to be shall be sold by any sheriff or other officer, upon any execution or other process, from any court of law or equity, or by advertisement in pursuance of any power of sale, in any mortgage contained, unless the same shall be bid off at two-thirds of the appraised value, or more. of execution to cause pro be appraised § 3. That upon the reception of any execution or other pro- On receipt cess, from any court of law or equity, requiring the sale of &c., officer lands, tenements, or real or personal estate, by the sheriff or appraised. other officer, or upon the sale of any mortgaged premises, in pursuance of a power of sale in any mortgage contained, the officer receiving any such execution or other process, or the person making such sale, shall, at the time of levying the execution or other process, or at the time of making such sale, cause the lands, tenements, or real or personal estate levied upon by him, to be appraised by disinterested freeholders, un- Property to der oath; and such freeholders shall make all appraisals, under at actual this act, at the actual cash value of the appraised property, at the time of making such appraisal: Provided, however, That the Appraisers, creditor, his agent or attorney, and the debtor, his agent or attorney, if they shall so elect, may choose, each party, one appraiser; if said appraisers shall not agree in their appraisal, they may select a third person to act with them, but if they shall fail to select said third person, then it shall be the duty of the sheriff or other officer levying the execution, or the sum due upon the mortgage, to appoint said third person, and the cash value. how chosen. thorized to administer oath to appraisers. to set off lands, &c. Property sold at auction. Officer au- sheriff or other officer aforesaid, is hereby authorized to administer the oath to the appraisers, and if the lands and tenements, at two-thirds the appraisement, shall amount to more Appraisers than the execution, the appraisers shall proceed to set off by metes and bounds, so much of said lands and tenements as shall amount, at two-thirds of their appraisement, to the amount of the execution, decretal order, or other process, or sum due on the mortgage so returned, with costs of appraisement and sale, in each case, and the property so appraised and set off, the sheriff or other officer holding the execution or other process, or person authorized to sell under advertisement as aforesaid, shall sell, at the direction of the plaintiff, his agent or attorney, at public vendue, to the highest bidder, after giving the required notice: Provided, Such bid shall be at least two-thirds of the amount at which the same shall have Officer to file been appraised, but not otherwise; and it shall be the duty of appraisal, the person making any such sale, within ten days thereafter, to file in the office from which the process issued, a statement of the appraisal of such estate, real or personal, signed by the appraisers agreeing thereto, and the person making such sale; and in case of sale under a mortgage, the same shall be filed in the office of the register of deeds for the county in which the mortgaged premises are; and the person making sale, shall forthwith execute a deed of any real estate sold, to the purchaser or purchasers, which, when duly acknowledged, shall be entitled to be recorded, and shall be prima facie evidence of the correctness of the proceedings in such sale, and, until the contrary be proved, shall vest in the purchaser, as good and as perfect an estate to the described premises, as was vested in the defendant in process, or grantor in the mortgage. statement of &c. Officer to execute deed, &c. Fees of appraisers. Levy on lands to create lien. § 4. The compensation to said appraisers, shall be at the rate of one dollar per day, with the same mileage as that allowed to the officer who sells the property. § 5. Whenever any real estate shall be levied upon and offered for sale, and the same shall not be sold by reason of the two-thirds appraised value not having been bid, such levy shall create a lien upon such real estate; and the lien so created, shall remain until released by the plaintiff in execution, or till the same shall be sold according to the provisions of this act. § 6. The preceding sections of this act shall not extend to Limitation. proceedings as for contempt to enforce civil remedies, nor to action for fines and penalties, or on promises to marry, or for moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment or judgment for trespass. tion. § 7. There shall be no redemption of lands, tenements, or No redempreal or personal estate, sold under the provisions of this act, any law to the contrary notwithstanding. § 8. This act shall take effect from and after its passage. Approved, March 27, 1841. [No. 28.] AN ACT to organize the township of Wales, in the county of St. Clair. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all that part of the county of St. Clair, designated by the United States survey as township number six north, of range number fifteen east be, and the same is hereby set off and organized into a separate township by the name of Wales, and the first township meeting shall be held at the house of Joshua Tompkins, in said township. § 2. This act shall take effect and be in force, from and after the thirtieth day of March, one thousand eight hundred and forty-one. Approved, March 27, 1841. thorized to administer oath to appraisers. to set off lands, &c. Property sold at auction. Officer au- sheriff or other officer aforesaid, is hereby authorized to administer the oath to the appraisers, and if the lands and tenements, at two-thirds the appraisement, shall amount to more Appraisers than the execution, the appraisers shall proceed to set off by metes and bounds, so much of said lands and tenements as shall amount, at two-thirds of their appraisement, to the amount of the execution, decretal order, or other process, or sum due on the mortgage so returned, with costs of appraisement and sale, in each case, and the property so appraised and set off, the sheriff or other officer holding the execution or other process, or person authorized to sell under advertisement as aforesaid, shall sell, at the direction of the plaintiff, his agent or attorney, at public vendue, to the highest bidder, after giving the required notice: Provided, Such bid shall be at least two-thirds of the amount at which the same shall have Officer to file been appraised, but not otherwise; and it shall be the duty of appraisal, the person making any such sale, within ten days thereafter, to file in the office from which the process issued, a statement of the appraisal of such estate, real or personal, signed by the appraisers agreeing thereto, and the person making such sale; and in case of sale under a mortgage, the same shall be filed in the office of the register of deeds for the county in which the mortgaged premises are; and the person making sale, shall forthwith execute a deed of any real estate sold, to the purchaser or purchasers, which, when duly acknowledged, shall be entitled to be recorded, and shall be prima facie evidence of the correctness of the proceedings in such sale, and, until the contrary be proved, shall vest in the purchaser, as good and as perfect an estate to the described premises, as was vested in the defendant in process, or grantor in the mortgage. statement of &c. Officer to execute deed, &c. Fees of appraisers. Levy on lands to create lien. § 4. The compensation to said appraisers, shall be at the rate of one dollar per day, with the same mileage as that allowed to the officer who sells the property. § 5. Whenever any real estate shall be levied upon and offered for sale, and the same shall not be sold by reason of the two-thirds appraised value not having been bid, such levy shall create a lien upon such real estate; and the lien so created, |