« AnteriorContinuar »
tioned to each
and proceedings upon the trial of each issue of fact tried before the court or jury, at law or in chancery, and as a Compensation, compensation for such services he shall receive the sum of fifteen hundred dollars per annum, which sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit in the following proportion and amounts: The county of Alpena nine hundred dollars per Amount apporannum; the county of Presque Isle two hundred dollars per toned annum; the county of Otsego the sum of two hundred dollars per annum, and the county of Montmorency the sum of two hundred dollars per annum; and the several county treas- How paid. urers of said counties shall pay the annual salary of said stenographer, in monthly installments in accordance with this act, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid.
SEC. 4. In case counsel for either party shall desire a Transcripts to be transcript of the testimony or proceedings contained in said furnished. stenographer's notes, it shall be the stenographer's duty to furnish the same, upon payment of such sum as may be Fee therefor. agreed upon, not exceeding seven cents per folio. And in case it shall be necessary to procure a transcript of said stenographer's notes of the testimony and proceedings in any case at law or in chancery, in order to remove such case to the Supreme Court, and the circuit judge shall so certify, then the amount of the stenographer's fees for such transcript may be taxed, if the appellant shall prevail in the Supreme Court, as a proper disbursement, and said transcript may be used by the opposite party in proposing amendments to the record.
SEC. 5. In each and every issue of fact to be tried in Cases to be the several counties, there shall be taxed three dollars, to be taxed. paid by the parties to the suit in equal proportions, before the taking of testimony is commenced, into the hands of the clerk of the court, and by him to be paid into the county treasury to apply on the payment of the salary of said stenographer hereinbefore provided; and the prevailing party shall have the amount so paid by him taxed in his costs as a proper disbursement.
SEC. 6. Before entering upon the duties of his office, said oath. stenographer and his deputies shall take and subscribe the oath of office prescribed by the constitution, which oath shall be administered by the presiding judge, and shall be filed in the office of the county clerk of each of the counties in said circuit.
SEC. 7. The stenographer or deputy who shall take the Notes, etc., notes on the trial or hearing in any case shall prefix to his preservation of. notes of the testimony of each witness the full name of said witness and the date the testimony was taken, and at the conclusion of the trial of said cause he shall securely attach together all of his notes taken in said cause and properly entitle them upon the outside, and safely keep the same in his office. And in the event of the death or resignation or his removal
Charge need not be in writing.
Certain acts void.
from office or from this State, said notes shall be transferred to the county clerk of the county where the cause was tried, who shall receive and safely keep the same subject to the direction of the circuit court for that county: Provided, That said notes shall be a part of the records in all of said cases, and shall be subject to inspection as other records.
SEC. 8. In cases tried in said courts in which said stenographer shall be engaged, it shall not be necessary for the charge of the court to be in writing, as provided by an act, entitled "An act to declare and establish the practice of charging or instructing juries, and settling the law in cases tried in the circuit courts," approved March 25, 1869.
SEC. 9. All acts or parts of acts contravening the provisions of this act shall be construed as void and of no effect as applied to the counties in said twenty-sixth judicial circuit. This act is ordered to take immediate effect. Approved April 14, 1891.
Unlawful to spear fish in
Penalty for violation.
[ No. 27. ]
AN ACT to prevent the spearing of fish in the waters of the inland lakes in the county of Livingston.
SECTION 1. The People of the State of Michigan enact, That it shall not be lawful hereafter to fish with any form of spear or spears in the waters of the inland lakes in the county of Livingston.
SEC. 2. Any person who shall be found guilty of a violation of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, together with costs of prosecution, and in default of the payment shall be confined in the county jail until such fine and costs shall have been paid but such confinement shall not exceed thirty days.
This act is ordered to take immediate effect.
Three or more
[ No. 28.]
AN ACT to provide for the organization and incorporation of builders' and builders and traders' exchanges.
SECTION 1. The People of the State of Michigan enact, may incorporate. That any number of persons, not less than three, may associate themselves together and become incorporated as a builders' or a builders and traders' exchange for the purpose of providing and regulating suitable rooms or places of meeting; to promote mechanical and industrial interests; to inculcate just and equitable principles of trade; to establish and maintain uniformity
in commercial usages, by rules and regulations; to acquire, preserve and disseminate valuable business information; to adjust differences and settle disputes between members, or between members and others; and for other purposes conducive to the interests of members thereof.
ciation to be filed!
SEC. 2. The incorporators shall sign and acknowledge before Articles of assosome person authorized to take the acknowledgment of deeds, with Secretary duplicate articles of association, of which one copy shall be of State. filed and recorded in the office of the Secretary of State, and a record shall also be made of such articles in the office of the clerk of the county in which such exchange is located; and Body politic. upon the filing and recording of such articles, duly executed and acknowledged as aforesaid, the said incorporators and those who may thereafter become associated with them shall become a body politic and corporate for the purposes set forth in said articles.
SEC. 3. The articles of association shall contain:
First, The names of the persons associating in the first Name of persons: instance and their places of residence;
Second, The name of such corporation, and the place where Name of corits office for the transaction of business is located, and the poration, etc. period for which it is incorporated, not exceeding thirty years;
Third, Definitely and distinctly the purposes for which the Purposes. corporation is formed;
cers, etc. Membership.
power to sue, etc.
Fourth, The number of its directors, if any, and regular Directors, offofficers and the time and place of holding its annual meeting; Fifth, The terms and conditions of membership therein. SEC. 4. Said corporation by the name adopted by said arti- succession and cles shall have succession and power to sue and be sued and to adopt and use a corporate seal which it may alter and change at pleasure; may receive and hold property and effects, real and personal, by gift, devise or purchase, and may sell, mortgage or otherwise dispose of the same; may make all needful rules, regulations and by-laws for the management of its affairs and prescribing the terms and conditions under and upon which members may be received into or expelled from said corporation, and may revise and alter the same from time to time as therein shall be provided; and may impose fines upon any of its members for breach of its rules, regulations or by-laws, but no fine shall exceed twenty-five dollars: Provided, That no Proviso as to real corporation hereby created shall, at any one time, hold real estate. estate the value of which shall exceed one hundred thousand
SEC. 5. Said corporation may constitute and appoint com- Arbitration mittees of reference and arbitration and committees of appeals, committees, etc. who shall be governed by such rules and regulations as may be prescribed in the by-laws for the settlement and adjustment of such matters of difference as may be voluntarily submitted for arbitration by members or others.
This act is ordered to take immediate effect.
Compensation of certain members of the Legislature.
[ No. 29. ]
AN ACT to fix the per diem compensation of members of the State Legislature from the Upper Peninsula for and during the session of one thousand eight hundred and ninety-one.
SECTION 1. The People of the State of Michigan enact, That in addition to the compensation, mileage, and allowance for stationery, as fixed by law, for members representing the Upper Peninsula, there shall be allowed and paid two dollars per diem extra compensation during the session of the Legislature of the year eighteen hundred and ninety-one. Ordered to take immediate effect. Approved April 15, 1891.
Sixteenth circuit formed.
Judge to continue courts, etc.
Court to be held, etc.
Power and duty
of judge of sixteenth circuit,
[ No. 30. ]
AN ACT to reorganize the sixteenth judicial circuit and to create the thirty-first judicial circuit.
SECTION 1. The People of the State of Michigan enact, That the county of St. Clair is hereby detached from the sixteenth judicial circuit.
SEC. 2. The county of Macomb is hereby formed into and constituted a judicial circuit to be known as the sixteenth judicial circuit.
SEC. 3. The county of St. Clair is hereby formed into and constituted a judicial circuit to be known as the thirty-first judicial circuit.
SEC. 4. The judge of the said sixteenth judicial circuit, as heretofore organized, shall continue to hold his office as circuit judge for said courty hereby detached, and shall continue to hold court therein and perform all the functions of circuit judge thereof until a circuit judge shall be appointed and shall qualify in the said thirty-first judicial circuit.
SEC. 5. Court shall be held in said counties at the time and places heretofore designated by the circuit judge of the said sixteenth judicial circuit, and the said circuit judge shall have power in said county of St. Clair to settle bills of exception, decide and determine cases submitted to him, the same as if this act had not been passed, and may issue the writ of habeas corpus, certiorari and injunction at any time in said county until the appointment and qualification of a circuit judge in said thirty-first judicial circuit.
SEC. 6. The circuit judge of the sixteenth judicial circuit, as heretofore organized, shall have power, and it is hereby made his duty in said county of St. Clair to settle bills of exception in all cases tried before him and decide and determine all cases submitted to him before the appointment and qualification of a circuit judge in the thirty-first judicial circuit.
ed, how filled.
SEC. 7. The office of circuit judge of the thirty-first judicial Vacancy declarcircuit, hereby created, shall be vacant from the time this act takes effect, which said vacancy shall be filled by appointment by the Governor. The person so appointed shall hold his office from the fifteenth day of May, eighteen hundred and ninetyone, until his successor is duly elected and qualified. At the Election of spring election to be held in [the year] eighteen hundred ninetytwo, the qualified voters of the county comprising the thirtyfirst judicial circuit shall elect a circuit judge for said circuit who shall hold his office from the third Monday in May, eighteen hundred ninety-two, until January the first, A. Ď. eighteen hundred ninety-four, and until his successor is elected and qualified.
SEC. 8. It shall be the duty of the sheriff of the county of Duty of sheriff, St. Clair, at least thirty days previous to the first Monday in April, eighteen hundred and ninety-two, to notify the township clerk of each township and ward inspectors of election in each ward of any city in said county of St. Clair of said election of circuit judge, and such township clerks and ward inspectors shall post notices in the usual manner for such election in townships and wards at least fifteen days previous to the day of election.
SEC. 9. The said election for circuit judge shall be con- How election ducted and returns made as prescribed by law for the election of circuit judges for the several judicial circuits of this State, and the State board of canvassers shall, without delay, on the receipt of the certified statements of the votes given in said. county of St. Clair proceed to canvass the votes and deliver to the person elected a copy of their determination or certificate of election as required by law.
SEC. 10. The person so elected in eighteen hundred ninety- To qualify withtwo, shall within ten days qualify in the manner now provided in ten days. by law for the qualification of circuit judges in this State, and his successor shall be elected at the time and in the manner now provided by law for the election of circuit judges.
of court, etc.
SEC. 11. Within ten days after the circuit judge of the said Shall fix terms thirty-first judicial circuit shall have been appointed and has qualified he shall in the manner provided by law fix and determine the times for holding the several terms of court within his circuit, which appointments when so made, shall remain unalterable until the time when by law it is made the duty of circuit judges to fix and appoint the times of holding the several terms of court within their respective circuits in this State. Until the time thus fixed and appointed becomes operative the circuit court of the said thirty-first judical circuit shall be held at the times last fixed by the judge of the sixteenth judicial circuit as heretofore organized.
SEC. 12. It shall be the duty of the circuit judge of the six- Judge of sixteenth judicial circuit as hereby reorganized to aid and assist to assist, etc. the judge of the said thirty-first judicial circuit in transacting the business of the last named circuit so far as he can without detriment to the business of his own circuit until January first,