that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses. And such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant: otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. (a) aliens, &c. deem not to be admit SEC. 12. The children of persons duly naturalized under any of What children of the laws of the United States, or who, previous to the passing of any ed citizens. Prolaw on that subject, by the government of the United States, may scribed persons have become citizens of any one of the states, under the laws there- ted. of, being under the age of twenty-one years, at the time of their parents' being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States. The right of citizenship shall not descend to persons whose fathers have never resided within the United States. And no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the war of the revolution, shall be admitted a citizen, without the consent of the legislature of the state in which such person was proscribed. (b) Children of persons naturalized before the fourteenth of April, 1802, under age at the time of their parents' naturalization, were, if dwelling in the United States on the fourteenth of April, 1802, to be considered as citizens of the United States. (c) SEC. 13. Any alien who was residing within the limits, and under As to aliens resi the jurisdiction of the United States, before the twenty-ninth day of ding in the United States prior January, one thousand seven hundred and ninety-five, may be admit- to 1795. ted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years at least, within and under the jurisdiction of the United States, and one year at least immediately preceding his application, within the state or territory where such court is at the time held; and on his declaring on oath or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; and moreover, on its appearing to the satisfaction of the court that, during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed What state courts to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his moreover making, in the court, an express renunciation of his title or order of nobility, before he shall be entitled to such admission: all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof. (a) SEC. 14. Every court of record, in any individual state, having may admit aliens. common law jurisdiction, and a seal or clerk or prothonotary, shall be considered as a district court, within the meaning of the naturalization act; and every alien, who may have been naturalized in any such court, shall enjoy the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States. (b) SEC. 15. No person who shall arrive in the United States, after February the seventeenth, 1815, shall be admitted to become a citizen of the United States, who shall not, for the continued term of five years next preceding his admission, have resided within the United States, without being at any time dnring the said five years, out of the territory of the United States. (c) Five years resi. dence required of alien who arrive in U. S. af before admission ter 1815. The executive of any state or territory may, on application, cause fugatives from justice to be arrested and AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING In Congress, February 12, 1793. SECTION 1. Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That whenever the executive authority of any state in the Union, or either of the territories north west or south of the river Ohio, shall demand any person given up to the as a fugitive from justice, of the executive authority of any such state proper authority. or territory, to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded with having committed treason, felony, or other crime, certified as authentic, by the governor or chief magistrate of the state or territory from whence the person so charged, fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent, when he shall appear; but if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory, to receive fugi the same. SEC. 2. And be it further enacted, That any agent, appointed as Agents appointed aforesaid, who shall receive the fugitive into his custody, shall be em- tives inte custopowered to transport him or her to the state or territory from which dy may transport he or she shall have fled. And if any person or persons shall, by force, set at liberty, or rescue the fugitive from such agent, while transporting, as aforesaid, the person or persons so offending, shall, on conviction thereof, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year. labor or service hended in the may have fled. SEC. 3. And be it further enacted, That when a person, held to la- Fugitives from bor in any of the United States, or in either of the territories on the may be apprenorth west or south of the river Ohio, under the laws thereof, shall es- state or territory cape into any other of the said states or territory, the person to whom to which they such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made; and, upon proof to the satisfaction of such judge or magistrate, either by oral testimony, or affidavit taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled. tives from labor SEC. 4. And be it further enacted, That any person who shall know- Persons hinderingly and willingly obstruct or hinder such claimant, his agent or at- ting the appreing or obstructorney, in so seizing or arresting such fugitive from labor, or shall hension of fugirescue such fugitive from such claimant, his agent or attorney, when to be fined. so arrested, pursuant to the authority herein given or declared, or shall harbor or conceal such person, after notice that he or she was a fugitive from labor as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars; which penalty may be recovered by, and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labor or service, his right of action for, or on account of the said injuries, or either of them. AN ACT TO PRESCRIBE THE MODE IN WHICH THE PUBLIC ACTS, RECORDS AND In Congress, May 26, 1790. state scal. SECTION 1. Be it enacted, &c., That the acts of the legislatures of Legislative acts the several states shall be authenticated by having the seal of their authenticated by respective states affixed thereto : that the records and judicial pro- Judicial proceed. ceedings of the courts of any state shall be proved or admitted, in any seal, and certifi ings by clerk, other court within the United States, by the attestation of the clerk, cate of judge, LIST OF ACTS NOT REPEALED AND CONSOLIDATED IN THE REVISED STATUTES. The following entitled general statutes, not having been repealed and consolidated in the revised statutes, are deemed of sufficient im portance to be herein referred to, viz: An act for the preservation of railroads and other works belonging to the state, approved December 30, 1837; An act requiring certain returns to be made from incorporated academies and other literary institutions, approved March 4, 1839; An act to provide for the recording of town plats, and for vacating the same in certain cases, approved April 19, 1839; An act for the regulation of internal improvement, approved March 25, 1840; An act to provide for the publication of a map of the state of Michigan, and of the several counties therein, approved March 28, 1840; An act to amend an act entiled "an act for the regulation of internal improvement," approved March 25, 1840, and to provide for the settlement of claims, approved February 17, 1842; An act for the better security of the titles of lands belonging to the state, approved February 2, 1843; An act in relation to the state printing, approved February 6, 1843; An act to amend an act entitled "an act for the regulation of internal improvement, passed March twenty-fifth, eighteen hundred and forty," approved February 21, 1843; An act to amend an act entitled "an act to repeal the acts consolidated in the revised statutes," approved March 6, 1843; An act for the encouragement of agriculture, approved, March 2, 1844; An act explanatory of section forty-one, chapter four, title six, part first, of the revised statutes, approved February 17, 1846; An act to provide for the determination of claims against the state, for injuries to animals and other property occasioned by the running of cars and locomotives upon the central and southern railroads, approved April 13, 1846; An act declaratory of the interests of the state of Michigan in mines and minerals, approved April 25, 1846; An act to provide for organizing an active militia and for other purposes, approved May 18, 1846; An act to regulate private associations and partnerships, approved May 18, 1846; An act to amend an act entitled "an act in relation to the state printing, approved February 6, 1843," approved May 18, 1846; An act concerning the estate of intestates escheated to this state, approved May 18, 1846; An act to provide for the leasing of certain lands, approved May 18, 1846. AN ACT TO PROVIDE FOR THE PUBLICATION OF THE REVISED STATUTES. sioner. SECTION 1. Be it enacted by the senate and house of representa- Governor to aptives of the state of Michigan, That the governor be, and he is here- point commisby authorized and required to appoint a commissioner to superintend the printing and binding of the act passed at the present session of the legislature, entitled "an act for revising and consolidating the general statutes of the state of Michigan." SEC. 2. The said act shall be known and distinguished as the Re- Duty of commisvised Statutes; and it shall be the duty of the said commissioner, pcr- sioner. sonally, to superintend the publication thereof, to examine the proof sheets, compare the same with the act in the office of the secretary of state, prepare marginal notes to the sections, and an exact and copious index to the whole. of statutes. SEC. 3. The said commissioner shall procure six thousand copies Number of copies of the said revised statutes, and the matter specified in the next succeeding section, to be printed and bound in as good a style as that of the Massachusetts revised statutes, published in the year eighteen hundred and thirty-six, and in as good and substantial a manner, and at a price not exceeding one dollar and twenty-five cents per copy for printing and binding, including all materials except paper; two thousand copies thereof to be completed and deposited in the office of the secretary of state by the fifteenth day of December next, and the remaining four thousand copies by the first day of April next. utes. SEC. 4. The said commissioner shall cause to be published with the What to be pubsaid revised statutes, the declaration of independence, the constitution lished with stat of the United States and the amendments thereto, the ordinance of seventeen hundred and eighty-seven, the act of congress providing for the admission of Michigan into the Union, and the acts supplementary thereto of June 26, 1836, and of January 27, 1837, and the resolve of the convention of the people of this state, accepting the terms of admission into the Union, abstracts of the laws of congress relative to the naturalization of aliens, to fugitives from justice, and the authentication of the statutes and records of the several states, together with the constitution of this state and the schedule and amendments thereto. SEC. 5. The commissioner appointed under this act shall be entitled to receive such sum as the auditor general may audit and allow, not exceeding three dollars per day for the time actually employed by said commissioner, and such further expenses as in his opinion may be necessary for clerk hire, assistance in examining proofs, and for stationery. Approved May 18, 1846. Compensation. |