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Penalty for receiving extra pay.

Provision as to Wayne and Saginaw counties.

Proviso as to repealing acts.

any one official year, which said amount shall be in full for all services rendered and expenses in attending the meetings of such board of supervisors and for all services and expenses incurred while acting upon any committee of said board of supervisors during the session of said board, and any supervisor receiving further or other compensation for such services shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred dol. lars nor more than five hundred dollars: Provided, The supervisors of Wayne and Saginaw counties shall only receive three dollars per day for the first fifteen days of any regular session, and the like sum of three dollars per day for the first three days of any extra session, of which there shall not be more than two in any one year, the same mileage to be allowed as is provided for in the regular session (sessions), which said amount shall be in full for all services and expenses in attend. ing the meetings of such board of supervisors, and any supervisor receiving any other or further compensation for such services shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars: Provided, That nothing herein contained shall be construed so as to in any way repeal other acts providing for compensation to mem. bers of boards engaged in committee work, or change the num. ber of days allowed therein for regular or special sessions in any one year. Said acts shall stand the same as if this act had not been passed.

Approved March 10, 1897.

Section amended.

[ No. 19. ]

AN ACT to amend section twenty-seven, of chapter one hundred and twenty-three, of the revised statutes, of eighteen hundred and forty-six, relative to the proceedings to recover the possession of land in certain cases. The same being compiler's section eight thousand three hundred and nine, of Howell's annotated statutes, as amended by act one hundred and ninety-nine, of the laws of eighteen hundred and sixty-three.

SECTION 1. The People of the State of Michigan enact, That section twenty-seven of chapter one hundred and twenty-three, revised statutes of eighteen hundred and forty-six, relative to proceedings to recover the possession of land in certain cases, the same being compiler's section eight thousand three hundred and nine, of Howell's annotated statutes, as amended by act one hundred and ninety-nine, of the laws of eighteen hundred and sixty-three, be amended to read as follows:

issue execu

issue writ of

SEC. 27. If upon the trial of an appeal in the circuit court, Court may judgment be rendered in favor of either party for costs, the cir- tion for costs, cuit court may issue execution for such costs, and if the com- when. plainant shall recover judgment of restitution of the premises in question, or any part thereof, the circuit court may issue a Court may writ of possession in favor of the complainant, in accordance possession, with such judgment of restitution which writ of possession when. may be issued to the sheriff, or other proper officer of any county of this State in which the premises recovered are situated, in all such cases where such judgment shall have been or may hereafter be rendered.

Approved March 10, 1897.

[No. 20. ]

AN ACT to amend section thirty-three of chapter one hundred and eight, of the revised statutes of eighteen hundred and forty-six, relative to the action of ejectment, the same being compiler's section seven thousand eight hundred and nineteen, Howell's annotated statutes.

SECTION 1. The People of the State of Michigan enact, That Act amended. section thirty-three of chapter one hundred and eight of the revised statutes of eighteen hundred and forty-six, relative to action of ejectment, the same being compiler's section seven thousand eight hundred and nineteen, Howell's annotated statutes, be amended so as to read as follows:

of possession.

SEC. 33. The plaintiff recovering such judgment shall be Form of writ entitled to a writ of possession, which shall be substantially in the following form:

In the name of the People of the State of Michigan.
To the sheriff of the county of...

WHEREAS, A. B. has lately, in our circuit court for the
county of..
by the judgment of such court,
recovered against C. D. the following described premises to
wit: (Describing the premises recovered with like certainty as
above provided) which said premises have been and are still
unjustly withheld from the said A. B. by the said C. D., whereof
he is convicted as appears to us of record, and for as much
as it is adjudged in the said court that the said A. B. have
execution upon said judgment against the said C. D. accord-
ing to the force, form and effect of his said recovery; Therefore
we command you, that without delay you deliver to the said
A. B. possession of the said premises so recovered, with the
appurtenances, and that you certify to our said court at, etc.,
on, etc., in what manner you shall have executed this writ. If
there be costs to be collected the proper clause may here be
inserted, witness, etc. Which said writ of possession may be

issued to the sheriff or other proper officer of any county in this State, in which the premises recovered are situated, in all cases where such judgment of recovery shall have been or may hereafter be rendered.

Approved March 10, 1897.

Act amended.

County treasurers to

[ No. 21. ]

AN ACT to amend act number one hundred and sixty-one of the public acts of eighteen hundred and ninety-five entitled "An act to require county treasurers to furnish transcripts and abstracts of records and fixing the fees to be paid therefor."

SECTION 1. The People of the State of Michigan enact, That act number one hundred and sixty-one of the public acts of eighteen hundred and ninety-five, entitled "An act to require county treasurers to furnish transcripts and abstracts of records and fixing the fees to be paid therefor," be and the same is hereby amended so as to read as follows:

SECTION 1. The People of the State of Michigan enact, That furnish tran- the county treasurers of the several counties shall make or

script of records.

Fees.

Proviso as to amount of fees. Further proviso.

Further proviso as to tax histories.

cause to be made on application therefor transcripts of any papers or records on file in their offices, upon payment by applicants therefor the following fees: For abstracts of taxes [on] or any description of land, three cents for each year covered by such abstract or abstracts, with statement of name and residence of taxpayers, twelve cents per year for each description of land therein; for list of State tax lands or State bids, two cents for each description of land therein; for one copy of any paper or document at the rate of ten cents per one hundred words; for each certificate fifteen cents: Provided, That in no case shall any abstract, list or copy made as required by this act, be furnished for a less sum than fifteen cents: Provided further, That for statements in respect to the payment of taxes required by section one hundred and thirty-five of act two hundred and six of the public acts of one thousand eight hundred and ninety-three, the county treasurer shall receive fifteen cents for each statement. All moneys collected under the provisions of this act shall be retained by the county treasurers collecting the same, except in the counties of Wayne, Kent, Saginaw and Bay, in which counties such moneys shall be placed, by the treasurers, collecting the same, to the credit of the general fund of the county: Provided further, That the fee charged for furnishing tax histories as required by section one hundred and thirty-five of act two hundred and six of the public acts of one thousand eight hundred and ninety-three, shall, from and after the first day of January one thousand

eight hundred and ninety-nine be abolished, and such state-
ments shall thereafter be furnished free of charge.
Approved March 10, 1897.

[ No. 22. ]

AN ACT to provide for service of notices, writs or other process upon common councils, boards, commissions, or other public bodies, and for the making of answers by such bodies in suits or other judicial proceedings.

notices,

public bodies.

SECTION 1. The People of the State of Michigan enact, That How writs, notices, writs, or other process in judicial proceedings may be etc., may served upon any common council, board, commission, or other be served on public bodies organized or existing under any law of this State, when by statute no other method of service is specially provided by delivering the same or a certified or verified copy thereof to the president or chairman of such council, board, commission or body, or to the clerk or secretary thereof, and it shall be the duty of the officer upon whom such service shall be made, at its next meeting, to inform such common council, board, commission, or other public body, of such service, and it shall not be necessary to serve notices, writs, or other process upon the individual members of such common council, board, commission, or other public body, and such council, board, commission, or other public body may appear and answer or plead in such proceedings in such manner as it may direct.

Approved March 10, 1897.

[ No. 23. ]

AN ACT making it unlawful for prosecuting attorneys to defend or assist in the defense of any person charged with crime within their respective counties.

attorney pro

sons charged

SECTION 1. The People of the State of Michigan enact, That Prosecuting it shall be unlawful for any prosecuting attorney of this State hibited from to defend or assist in the defense of any person charged with defending percrime within the county of which he is prosecuting attorney. with crime. SEC. 2. When any criminal case commenced by the peo- In case of ple of the State of Michigan within any county of this State another shall be transferred to another county for trial for any reason county. whatsoever, the prosecuting attorney of the county to which said cause is transferred shall be prohibited from defending

transfer to

May assist in or assisting in the defense of the cause so transferred; and in prosecution. case the prosecuting attorney of the county to which said cause is transferred shall be employed to assist in the prosecution of said cause, the county from which said cause was transferred shall pay such charges to such prosecuting attorney as the court may allow. Approved March 10, 1897.

Section amended.

Quorum of board of supervisors.

Manner of

holding meetings.

Powers of chairman.

[ No. 24. ]

AN ACT to amend section three of act number one hundred fifty-six of the session laws of eighteen hundred and fiftyone, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local administrative and legislative powers," the same being section four hundred and seventy-five of Howell's annotated statutes.

SECTION 1. The People of the State of Michigan enact, That section three of act number one hundred fifty-six of the session laws of eighteen hundred and fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section four hundred and seventy-five of Howell's annotated statutes, be and the same is hereby amended so as to read as follows:

SEC. 3. A majority of the supervisors of any county shall constitute a quorum for the transaction of the ordinary business of the county, and all questions which shall arise at their meetings shall be determined by the votes of a majority of the supervisors present, except upon the final passage or adoption of any measure or resolution, or the allowance of any claim against the county, in which case a majority of all the members elect shall be necessary. They shall sit with open doors, and all persons may attend their meetings. They shall, at their first meeting after the annual township meeting in each year, choose one of their number as chairman, who shall preside at all meetings of the board during the year, if present, but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman. Every chairman shall have power to administer an oath to any person concerning any matter submitted to the board, or connected with the discharge of their duties, to issue subpoenas for witnesses and to compel their attendance in the same manner as courts of law.

Approved March 10, 1897.

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