may be given in were regular; and every such conveyance, executed by the said Conveyance marshal under his hand and seal, acknowledged and recorded, evidence. may be given in evidence, in the same manner as a deed regularly executed and acknowledged by the owner, and duly recorded, and every sale, both of real and personal estate, made under and by virtue of this act, shall be at public auction, at some public place within such village corporation, to be specified in the notice of sale, and shall take place between the hours of nine in the forenoon and four in the afternoon, and the lands or other property so sold shall be struck off to the highest bidder; and all personal estate sold for the payment of sale of pertaxes, shall be upon a notice of not less than ten days, which for taxes. notice shall be posted up in three of the most public places within such village, at least ten days previous to sale, and [at] every sale made under the provisions of this section, the said corporation may become purchasers, with all the rights, and subject to all the liabilities and obligations of any other purchaser. Sec. 6. Section forty-two of said act is hereby amended so as to read as follows: sonal estate Sec. 42. The clerk of said village shall hold his office for the Clerk, term term of two years. Sec. 7. Section forty-three of said act is hereby amended so as to read as follows: of. marshal. Sec. 43. The marshal shall be a police constable for said Powers of village, and may serve any process issued by any officer by virtue of this act, and shall perform all such services as may be required by the president and trustees, and shall be entitled to the same fees as constables for similar services, and shall be entitled to the same privileges, and subject to the same liabilities as constables in the performance of similar duties. Said marshal shall have the general supervision of the streets, commons, lanes, public grounds, burial places and alleys, in said village, under the direction of the president and trustees, and shall see that the by-laws and ordinances are properly observed. Sec. 8. This act shall take immediate effect. Approved March 17, 1863. [ No. 122. ] AN ACT to repeal act number one hundred and ninety-one of the session laws of eighteen hundred and fifty nine, entitled "an act to incorporate the village of Orion." SECTION 1. The People of the State of Michigan enact, That Section re- act number one hundred and ninety-one of the session laws of pealed. eighteen hundred and fifty-nine, entitled "an act to incorporate the village of Orion," approved February fifteenth eighteen hundred and fifty-nine, be and the same is hereby repealed: Provided, That nothing in this act shall be so construed as to release said village of Orion from any liability now existing against it, or which may be hereafter contracted by it. Proviso. Duty of recorder. Sec. 2 It shall be the duty of the recorder of said village, within thirty days after this act shall take effect, to deposit the books, records, contracts and documents of said village, in the office of the township clerk of the township of Orion, and the same shall thereupon become the property of said township. Sec. 3. This act shall take immediate effect. Approved March 17, 1863. [ No. 123. ] AN ACT for the better regulation of the sale of poisons.. SECTION 1. The People of the State of Michigan enact, That every apothecary, druggist, or other person who sells any ries, etc., in arsenic, strychnine, corrosive sublimate, prussic acid, or other Duty of apotheca the sale of ⚫ poisons. Penalty for neglect thereof. Penalty for giving a poison, shall keep a record of the date of such sale, the article and amount thereof sold, and the person or persons to whom delivered, and their residence, which record shall be open to the inspection of any police officer or physician during the business hours of each day; and each and every neglect to keep such record as herein provided, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars. Sec. 2. The giving a false or fictitious name to the apothecary, false name. druggist, or other person from whom such poison was pur chased, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars. Approved March 17, 1863. [ No. 124. ] AN ACT to amend section three thousand four hundred and thirty-six of the compiled laws. SECTION. 1. The People of the State of Michigan enact, That section three thousand four hundred and thirty-six of the compiled Section laws be amended so as to read as follows: amended. court, when Section 3436. Upon the trial of a question of fact by the Decision of court, without a jury, the decision of the court shall be given, given. on or before the first day of the term succeeding that in which the cause was submitted, and if given in vacation, shall be in writing, and filed with the clerk, and upon the trial of any question at law, or the hearing of any suit in chancery, or any incidental issue arising therefrom, the court shall render his decision thereon within one year from the time such motion or cause was submitted to him. Approved March 17, 1863. [ No. 125. ] AN ACT to prevent the spreading of Canada thistles in the occupant to thistles. SECTION 1. The People of the State of Michigan enact, That it shall be the duty of every owner, possessor or occupier of owner or land, to cut, or cause to be cut down, all the Canada thistles cut down growing thereon, or on the highway passing by or through the same, so often in each and every year as shall be sufficient to prevent them going to seed; and if any owner, possessor or occupier Penalty for of land shall, knowingly, suffer any such Canada thistles to grow them to thereon, and the seed to ripen, so as to cause or endanger the suffering grow. Duties of ers of high spread thereof, he shall, on conviction, be liable to a fine of ten dollars for every such offence. Sec. 2. It shall be the duty of the overseers or commissioners commissi'n of highways in any township, to see that the provisions of this ways. act shall be carried out within their respective highway districts; and they shall give notice to the owner, possessor or occupier of any land within said district, whereon Canada thistles shall be growing and in danger of going to seed, requiring him to cause the same to be cut down within five days from the service of such notice; and in case such owner, possessor or occupier shall refuse or neglect to cut down the said Canada thistles, the overseer or commissioners of highways shall enter upon the land, and cause all such Canada thistles to be cut down, with as little damage to growing crops as may be, and he shall not be liable to be sued in action of trespass therefor: Provided, That where such Canada thistles are grow. ing upon non-resident lands, it shall not be necessary to give notice before proceeding to cut down the same. Proviso. Expenses incurred; to be kept. Allowance of. Sec. 3. Each overseer or commissioner of highways shall keep account of an accurate account of the expense incurred by him in carrying out the provisions of the preceding section of this act, with respect to each parcel of land entered upon therefor, and shall offer a statement of such expense, describing, by its legal description, the land entered upon, and verified by oath, to the owner, possessor or occupier of such resident lands, requiring him to pay the amount. In case such owner, possessor or occupier shall refuse or neglect to pay the same within thirty days after such application, said claim shall be presented to the township board of the township in which such expense was incurred, and said township board is hereby authorized and required to audit and allow such claim, and order the same to be paid from the fund for general township purposes of said township, out of any moneys in the township treasury not otherwise Expenses appropriated. The said overseer or commissioners of highways shall also present to the said township board a similar statement of the expense incurred by him in carrying out the pro incurred on non-resi dent lands. visions of said section, upon any non-resident land, and the said township board is hereby authorized and required to audit and allow the same in like manner. lands. Sec. 4. The supervisor of the township shall cause all such Expenses paid, to be expenditures as have been so paid from the township treasury, levied on under the provisions of this act, to be severally levied on the lands so described in the statements of the overseers or commissioners of highways, and to be collected in the same manner as delinquent highway taxes are collected; and the same, when collected, shall be paid into the township treasury to reimburse the outlay therefrom aforesaid. selling seed which there the thistle. Sec. 5. Any person who shall knowingly vend any grass or Penalty for other seed, among which there is any seed of the Canada this- among tle, shall, for every such offence, upon conviction, be liable to a is seed of fine of twenty dollars. Sec. 6. It shall be the duty of the prosecuting attorney of Duty of prothe county to prosecute all violations of the provisions of this torney. act which shall come to his knowledge. secuting at neglect of Sec. 7. Every overseer or commissioner of highways who Penalty for shall refuse or neglect to discharge the duties imposed on him duty by by the provisions of this act, shall be liable to a fine of twenty commisdollars. Approved March 17, 1863. [ No. 126. ] AN ACT to provide for and regulate the transfer of personal estates held in trust. overseer or sioner. personal es trust. SECTION 1. The People of the State of Michigan enact, That whenever any personal estate shall be holden by any trustee or Transfer of trustees, under the last will and testament of any person who tate held in died resident of this State, for the benefit of any person permanently residing in any other State of the Union, such trustee or trustees may transfer, assign and deliver such estate so holden in trust, to any trustee or trustees lawfully appointed in the State where said beneficiary resides, to be by said trustee |