Aet amend

ed.

Penalty for delay of

Recovery thereof.

Penalty for not paying toll.

Proviso.

[ No. 24. ]

AN ACT to amend an act entitled "an act to authorize the incorporation of bridge companies," approved April fourth, one thousand eight hundred and fifty-one, by adding two sections thereto.

SECTION 1. The People of the State of Michigan enact, That an act entitled "an act to authorize the incorporation of bridge companies," approved April fourth, A. D. one thousand eight hundred and fifty-one, be amended by adding thereto two sections, to stand as sections seventeen and eighteen.

Sec. 17. Every toll gatherer at any such bridge, who shall unreasonably hinder, detain or delay any traveler or passenger, shall, for each offense, forfeit the sum of five dollars to the party aggrieved, and shall be further liable to the party aggrieved for all damages, to be sued for in the name of the party, in an action of debt or assumpsit; and when execution shall have been issued on a judgment so recovered, and the same cannot be collected for want of goods and chattels of the person against whom the same was rendered, the amount of such judgment unsatisfied, with costs, may be recovered of such incorporation. Sec. 18. Any person who shall forcibly or fraudulently pass the toll-gate or toll-house of any bridge erected pursuant to the provisions of this act, not having paid the legal toll, shall, for each offense, be liable to a fine not exceeding ten dollars, to be sued for and recovered by such company in an action of debt or assumpsit: Provided, Nothing in this section shall be so construed as to authorize the taking of tolls on any such bridge. contrary to the provisions of section six of the act to which this is an amendment.

Sec. 19. This act to take effect immediately.
Approved February 2, 1861.

[ No. 25. ]

AN ACT to amend sections nine and thirty-four, of chapter one hundred and three, of the revised statutes of eighteen hundred and forty-six, compiled laws, volume two, sections fortythree hundred and fifty-one and forty-three hundred and seventy-six.

SECTION 1. The People of the State of Michigan enact, That sections nine and thirty-four, of chapter one hundred and three, of the revised statutes of eighteen hundred and forty-six, be amended so as to read as follows:

tions of.

Sec. 9. The said officers shall proceed to select from the per- Jurors. sons assessed on the assessment roll of the township or ward for the same year, suitable persons, having the qualifications of electors, to serve as jurors; and in making such selection, they shall take the names of such only as are not exempt from serving on juries, who are in possession of their natural facul- Qualificaties, and not infirm or decrepid, of good character, of approved integrity, of sound judgment, and well informed, and conversant with the English language, and free from all legal exceptions, and who have not made, and in whose behalf there has not been made, to the officers mentioned in the preceding section, any application to be selected and returned as jurors.

completed.

Sec. 34. When there shall not be jurors enough present to Panel, how form a panel in any cause, the circuit court may direct the sheriff, or other proper officer, to summon a sufficient number of persons having the qualifications of jurors, to complete the panel from among the bystanders, or from among the neighboring citizens; and the sheriff shall summon the number so ordered accordingly, and return their names to the court: Pro- Proviso. vided, That any person so summoned to complete the said jury, may be peremptorily challenged therefrom, by either party, in addition to the other challenges allowed by law, in case he has been before so summoned to complete a jury at the same, or the next preceding term of said court.

Sec. 35. This act shall take effect immediately.

Approved February 2, 1861.

Adopted children.

Bestowal

[ No. 26. ]

AN ACT to provide for changing the names of minor adopted children, and of other persons.

SECTION 1. The People of the State of Michigan enact, That whenever any person shall have adopted any minor child, with the consent of the surviving parent, or the parents of such child, or in case of orphanage, with the consent of the nearest of kin to such child, or of the principal officer of a public or incorporated orphan asylum, of which such child may have been an inmate, or of two of the superintendents of the poor, or the directors of the poor, or of any authorized officers or agent of any institution, public or private, in this State or elsewhere, in whose care such orphan child may have been, and if such child be above the age of seven years, then with the consent of such child, and shall desire to change the name of such child, and to bestow him or her the family name of the person adoptupon upon of family name. ing such child, with intent to make such child his or her heir, the said person, together with his or her wife or husband, if any there be, and the surviving parent or next of kin of such child, or such officer of a public or incorporated orphan asylum, or superintendent or directors of the poor, or any authorized officer or agent of any institution, public or private, in this State or elsewhere, may make under their hands an instrument in writing to be in wri. whereby they shall declare that such child, naming him or her by the name he or she has usually borne, is adopted as the child of such person or persons first above referred to, and that he, she or they, intend to make such child his, her or their heir, and stating the full name they desire such child shall bear; and the execution of the said instrument shall be, by the persons so signing the same, acknowledged before any officer authorized by law to take acknowledgments of deeds; and thereupon the same may be presented to, and filed with the judge of probate of the county where such person or persons adopting such child reside. Such probate judge, on being satisfied of the good faith of such proceeding, and that the person or persons adopting such child is or are suitable to have charge thereof, shall make

Declaration

of intention

ting.

Where filed.

bate court.

of.

an order to be entered in the journal of the probate court, that Order of prosuch person or persons do stand in the place of a parent or parents to such child, and that the name of such child be changed to such name as shall be so designated in said instrument for that purpose; whereupon said child shall be thereafter Effect thereknown and called by said new name, and the said person or persons so adopting such child shall thereupon stand in the place of a parent or parents to such child-in-law, and be liable to all the duties, and entitled to all the rights of parents thereto; and such child shall thereupon become an heir-at-law of such persons, the same as if he or she were in fact the child of such person or persons.

probate

change the

adults.

Sec. 2. The probate court of any county of this State shall Power of have power, by an order to be entered on its journal, to change court to the name of any adult person who has been one year a resident name of of such county, who may apply to such court in writing for that purpose, upon such person showing a sufficient reason for such proposed change, to the satisfaction of such court, and that such change is not sought with any fraudulent or evil intent; and provided that notice of intention to make such application Publication shall be published six weeks prior to the making of such application, and for three successive weeks in a newspaper printed and published in said county where the application is to be made, if there be one, or in a newspaper printed and published in an adjoining county, or in the nearest county in which a newspaper is or may be printed and published.

of notice.

Sec. 3. Such probate judge shall require of the person making Fee. the application under the second section of this act, to pay over to the county treasurer, for the use of the county, a fee of three dollars, and shall furnish to such applicant, if desired, a certiсору of the order made in such matter. Sec. 4. This act shall take effect immediately. Approved February 2, 1861.

fied

Receip's filed with Co. clerk.

[ No. 27. ]

AN ACT relative to the duties of township and county officers, concerning receipts for moneys paid into the county treasury.

SECTION 1. The People of the State of Michigan enact, That in all cases where money is paid into the county treasury by any officer of a township or county, other than township treas urers, the said officer shall file with the clerk of the county a duplicate receipt of the same, which duplicate it shall be the duty of the county treasurer to furnish at the time of such Presented to payment; and said clerk shall present the same to the board of supervisors of the county, or to the board of county auditors. in Wayne county, at the next meeting thereof.

supervisors.

Clerk to keep record thereof.

Declared valid.

Time ex tended.

Sec. 2. It shall be the duty of each county clerk to keep a book, in which he shall enter the date of all such duplicate receipts, the name of the person making the payment, and of his office, the amount paid, and the account or fund on which the money had been collected; which book shall be open for the inspection of citizens of the county at all times during business hours. Approved February 8, 1861.

[ No. 28. ]

AN ACT to legalize the tax roll of township of Maple Grove, in the county of Barry, for the year eighteen hundred and sixty, and to extend the time for the collection of said taxes.

SECTION 1. The People of the State of Michigan enact, That the tax roll of the township of Maple Grove, in the county of Barry, for the year eighteen hundred and sixty, be and the same is hereby declared to be as valid and legal as if the same had been made out and delivered to the township treasurer at the time prescribed by law, and that the time for the collection of the taxes assessed in said township for the said year, be and the same is hereby extended to the first Monday in April, eighteen hundred and sixty-one.

Authority of Sec. 2. The treasurer of said township of Maple Grove is hereby authorized and empowered to proceed and collect said

treasurer.