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State Legislature

State Legislature image
Parent Issue
Day
13
Month
April
Year
1846
Copyright
Public Domain
OCR Text

We notice that the Legislature are doing"a land office business," as the saying is, in making incorporations. A large number of bilis have passed the orden!. The following passed the House in oneday: Bill to amend nn act to incorpórate ie Gibaralter and Flat Rock Company. Bill to amend the charter of Detroit nd Grand River Plank Road Company. Bill to incorpórate the Marshall and Jnion City plank Road Company. Bill to incorpornte the Hurón Canal Company, - yeas 34, nays 7. Bill to incorpórate the Battle Creek nd Grand Rapids rail road company. cas 39 nays 0. A general law under which any numer of persons might carry on any busiess, would be far preferable to such a multitude of special acts. Mr. Noble, of Monroe, proposed to inroduce into the charter of the Southern lailroad Company a clauso authortzing ts alteration, amendmcnt, or rcpeal, on iving 20 days notice to the company. - Ahis was agreed to. Other amcndments br making the stockholders liable for ie debts of the company, were votedown. In the House, April 7, thore was no ( uorum present. In the Sennte, Mr. Howell, from the ommittee on the Judiciary, reported a )ill, prohibiting under a penalty of not more than two thousand dollars, or im)risonment in the state prison not more b.n three years, or both, at the discreion of the court, the issuing of wareïouse receipts, without the freight for vhich such receipt is given be actually eceived. Mr. Dentón, ogreeably to notice, inroduced a bilí to make the homestead inalienable, and to regúlate and define the separate interests of married persons. - jlead twice and ordered to be printod. [The bilí provides that all property owned by he wife previous to marriage, or acquired during ïer marriagc, by gift, inheritance, or in any way hat she miglit acquire it, if not married, and all that arises from the exchange of her property, or sale and repurchase, &c, shall be deemed "her seperate property." All property owned by the husband previous to marriage, or acqiured by gift, descent, &c, after marriage as in case of the wife, shall be deemed "his seperate property." All property acquired by either party during marriage, except as hereiofore provided, shall be deemed common property. The seperate property of the husband sball be iable for his debts contracted before and after marriagc, but shall not be Hable for his wife's debts contracted before marriüge. The seperate property of the wife shall be liable for her debts contracted before marriage, but not foi the debts of her husband contracted before or after marriage. The husband may sell any of his own or the common pro,erty at any time, except f the common property be real estáte, the wife must join in the conveyance. The domicile with lands&c. adjoining, not exceeding in cash value o:ie thousand dollars, and land not exceeding forty acres, shall be called a homestead. The homestead cannot be incumbered, sold, or rented by either party without the full consent of the other, whether it bc the seperate property of the husband, the wife, or common property, and shall not be sold on any execution or decree. - Provided, This shnll not apply to any debts contracted before the passage of the law. If the wifc survive the husband, or husband the wife, the survivor shall have a life estáte in the homestead. - If either party die without issue, the survivor shall have a life estáte in the whole property, and if either party die without heirs the survivor shall be heir to the whole property instead of its escheating to the state as it now does. The parties may, by a writíen agreement executed before marriage in the manner of executing deeds, modify orchange these rights. The wife rsay carry on nny business during her marriagc in her own name and on her own responsibility, and sue and be sued as if she were not married, provided the husband's consent bc given in writingand be filcd in the office of the .Register of Deeds in the county whcre the business is conducted. All rights of dowcr and by courtesy, except as herein provided, are hereby abolished.] Mr. Littlejohn from the committee on judiciary, submftted ihe following report: The comnvttec on the judiciary, to whom were referred sundry pemions of tiiizens of Michigan, praying the pnssnge of a law abolishing capital punishment, have had the same under consideration, and have directed me to report thereon, that the commïttcc have been in favor of the total abolition of capital punishment, and in the open advocacy of that measure have so often given their rensons, thercfor, that their repetition here is deemed unneecstary. But finding in the proposed revisión a system, Bubstituting imprisonment for Ufo in lieu of execution, unless by the express direction of the Governor nfter the lapse of a year from the date of the Ecr.t'ncc, and believing that provisión will virtually abolish capital punibhmenis in the state, the committee have feit disposed to concede someihing for iho sake of hnrmonizing views, and would therefore unnnimously recommend th adoption of the propositiona contained in the revisión, and would ask to be discharged from the furthef consideration of the same. The report was acceptcd and tho committee discharged.Mr. Dentón oflereJ ilie following rcsolution : Resolved, That iho judiciary committec be n9tructed to report the foliowing provuions to be incorporated into thc Reviscd Statutes, under thc appropriate head?, vízj That all collectors of public moneys, na township, county or state trensurcr, all ofliccrs who collcct moncy for others by a law, as constables, sherifts, clerks. justices of tlio pence, nttorneys, &c, who shall faïl to pay over such money, shnll bc deemed guilty of a wilful neglect, - and on a judgment being recovcred therefor, he shall pay to the sheriff five per cent more ihan the amountso retaincd, and shall bekepi in close confinemcBt until tho same be paid, which was adoptcd.