Name changed. [No. 381.] AN ACT to change the name of Ernest Bentley to Ernest The People of the State of Michigan enact: SECTION 1. That the name of Ernest Bentley, of Lapeer county and State of Michigan, be and is hereby changed to Ernest Bentley Mills. This act is ordered to take immediate effect. Circuit court stenographer to take certain testimony. When to take in justice court. To make two copies of notes. Proviso. [No. 382.] AN ACT to provide for a stenographer to take and transcribe testimony on examination of persons charged with criminal offenses and at coroner's inquests in the county of Genesee. The People of the State of Michigan enact: SECTION 1. The official stenographer of the circuit court for the county of Genesee, by virtue of his office, is empowered and authorized to take and transcribe the testimony on examinations of persons charged with criminal offenses and take and transcribe the testimony at coroner's inquests as hereinafter provided. SEC. 2. Whenever any person charged with an offense is held for examination before any justice of the peace in and for said county of Genesee, it shall be the duty of said stenographer to attend upon said examination and take full stenographic notes of the testimony and proceedings thereat; and shall, if requested by the prosecuting attorney, take the testimony at coroner's inquests held in said county. It shall also be the duty of said stenographer when requested by said prosecuting attorney, to take full stenographic notes at any proceeding connected with any criminal matter in said county, and make a full and complete transcript thereof. SEC. 3. The stenographer shall, within such reasonable time as the prosecuting attorney shall direct, transcribe his notes so taken on such examination or inquest, making two copies thereof. One copy shall be delivered to the prosecuting attorney and one copy shall be delivered to the justice or coroner before whom such examination or inquest shall have been held, which transcript shall be filed by said justice or coroner as a part of his official return on said examination or inquest: Provided, That the stenographer shall certify that the testimony so taken is a correct and complete transcript of all the testimony and proceedings on such examination or inquest. And it shall not be necessary that the testimony so taken shall be read over to the witness or witnesses, or that they shall sign the same. assistant. SEC. 4. Said stenographer shall be authorized to appoint a May appoint competent assistant stenographer, who shall hold office during the pleasure of said stenographer, and who, when requested by said stenographer, shall attend to all duties of said stenographer as prescribed in section two of this act, and shall have the same authority to take, transcribe, and certify to testimony as said stenographer. The compensation of said assistant stenographer shall be paid by the official stenographer of said court. tion of sten SEC. 5. The stenographer shall receive as compensation for Compensahis services rendered as prescribed in section two of this act, ographer. the sum of six dollars for each day and three dollars for each half day, and the sum of eight cents per folio for the testimony and proceedings taken and transcribed, but for one copy only, which amount shall be paid out of the county treasury upon the presentation of a bill for the same: Provided, That Proviso. the prosecuting attorney shall certify thereon that the amount is correct. bills. SEC. 6. It shall be the duty of the board of supervisors for Who to audit the county of Genesee to audit such bill or bills as shall have been certified to by the prosecuting attorney in accordance with the provisions of this act. and assistant SEC. 7. Before entering upon the duties of said office the Stenographer stenographer and his assistant as herein provided shall take to take oath and subscribe the constitutional oath of office, which shall be of office. administered by any person authorized to administer oaths and shall be filed with the county clerk of Genesee county. SEC. 8. Act number four hundred thirty-eight of the local Act repealed. acts of the year eighteen hundred ninety-seven is hereby re pealed. This act is ordered to take immediate effect. [No. 383.] AN ACT providing for the appointment, fixing the compensation and defining the duties of the stenographer of the probate court for the county of Genesee. The People of the State of Michigan enact: point stenog SECTION 1. The judge of probate of the county of Genesee Judge to apmay appoint a stenographer for the probate court of said rapher. county, who shall hold office during the pleasure of said judge of probate. SEC. 2. It shall be the duty of the stenographer so appointed Duties, etc., to attend upon the probate court and act as deputy register of sten of said court and take testimony in all cases when directed ographer. Compensation. Proviso. Further proviso. to do so by the judge thereof, or at the request of either of the parties in any matter pending in said probate court, and take full stenographic notes of all the testimony and proceedings had therein, and shall transcribe the stenographic notes. so taken when ordered to do so by the judge of probate; and when such stenographer shall certify that the testimony so taken is a correct and complete transcript of all the testimony and proceedings and such transcript is filed, it shall be a part of the proceedings had in the matter in which such testimony was taken. And it shall not be necessary that the testimony so taken shall be read over to the witness or witnesses or that they shall sign the same. SEC. 3. The stenographer shall receive as compensation for all services rendered in pursuance of this act the sum of four hundred and fifty dollars per annum, payable in monthly installments by the county treasurer out of the general fund of said county. In case any party interested in any proceedings in the probate court shall desire a transcript of the testimony taken by such stenographer in such proceedings, the judge of probate shall be entitled to demand and receive therefor the sum of eight cents per folio to be paid for by the party ordering the same before the testimony is furnished Provided, That when the judge of probate desires a transcript taken for his own use, three copies thereof may be made by said stenographer and if either of the parties desire a copy of the same it shall be furnished and the probate judge shall be entitled to demand and receive therefor from such party, before the testimony is furnished, the sum of eight cents per folio which when collected shall be paid by said probate judge to the county treasurer to be applied toward the payment of the salary of said stenographer: Provided further,. That in any matter pending in said probate court, when in the opinion of the judge of probate it is advisable to have a copy of the testimony taken in such matter transcribed and filed therein as a part of the record, the said judge of probate may order the same to be done and may, in his discretion, collect from the estate or parties interested therein the sum of eight cents per folio, which when collected shall be paid into the said county treasury of said county. This act is ordered to take immediate effect. [No. 384.] AN ACT to provide for the manner of taking of testimony before the probate court, justices of the peace, and coroners, in the county of Oakland, and to provide for the appointment, fix the term of office, and prescribe the duties, liabili ties and compensation of a stenographer and assistant stenographer for said courts; and to repeal act number three hundred seventy-seven of the Local Acts of the State of Michigan for the year eighteen hundred ninety-five. The People of the State of Michigan enact: how taken. SECTION 1. Testimony before the probate court, justices of Testimony, the peace, and coroners, in the county of Oakland, may be taken under the provisions of the general law relating thereto, or under the provisions of this act as hereinafter provided. SEC. 2. In any contested case in the probate court of Oak- When probate land county, the probate judge shall have the power to require employ that full stenographic notes shall be taken of all evidence given. stenographer. and may require the same, or any part thereof, to be forthwith transcribed and filed with said court. court may stenographer tion. SEC. 3. In any criminal examination held in Oakland county, May employ under the provisions of chapter three hundred thirty of the in any crimCompiled Laws of the State of Michigan of eighteen hundred inal examinaninety-seven, the magistrate conducting such examination may, and upon the request of the prosecuting attorney of said county, shall require that full stenographic notes shall be taken of all evidence given by the several witnesses examined, and that such stenographic notes shall be forthwith transcribed in full and certified as hereinafter provided, and filed with such magistrate, which said evidence, when so taken, transcribed and certified, need not be signed by the several witnesses; and such certified transcript of such evidence shall have the same force and effect as if such evidence were reduced to writing by the magistrate or under his direction and signed by the witnesses respectively. appoint SEC. 4. For the purpose of carrying into effect the provi- When govsions of this act, a stenographer for the probate court, and ernor may coroners, and justices courts, of the county of Oakland, shall stenographer. be appointed by the governor on the recommendation of the judge of probate of said county. court. SEC. 5. Such stenographer, when requested so to do by the When to atprobate judge, shall attend contested cases in the probate court and shall take full and correct stenographic notes of all evidence given, and shall forthwith transcribe and file with said. judge of probate a full, correct, and properly certified transcript of the whole or any part of such evidence as may be required by said probate judge. to collect SEC. 6. In all cases mentioned in the last preceding section, When judge the judge of probate shall collect as taxable costs the sum of costs for. two dollars for each day, and one dollar for each half day the stenographer is in attendance upon the order of said probate Proviso. When to attend justice courts, etc. Form of stenographer's certificate. judge; which said money shall be collected by the said probate judge and by him paid over to the county treasurer and be credited to the general expense fund of the said county: Provided, however, That, not more than five dollars shall be taxed as stenographer's fees in any case. SEC. 7. When requested by the prosecuting attorney of said county, or by any magistrate upon request of the prosecuting attorney, it shall be the duty of such stenographer to attend criminal examinations before justices of the peace and coroner's inquests in said county and take full and correct stenographic notes of all evidence given, and he shall forwith [forthwith] transcribe and properly certify two copies of the same, one of which shall be forthwith filed with the magistrate or coroner, as the case may be, before whom such evidence was given, and one of which shall be forthwith furnished the prosecuting attorney of said county. SEC. 8. The stenographer's certificaté required by this act shall be in the following form: "I hereby certify that upon the hearing of the above entitled cause on the in the year ...... ... day of I took full and correct stenographic notes of all the evidence given by .. and ... the same being all of the witnesses produced, sworn and examined on the part of the (indicate the party in whose interest witnesses were produced) and I do further certify that the above and foregoing is a full, true and correct transcript of my stenographic notes of said evidence, and of the whole How signed. thereof." Which said certificate shall be signed by the stenog May appoint assistant. rapher, or assistant stenographer, as the case may be, in his official capacity, and such certified transcript shall be deemed an official record of the evidence so taken and shall be prima facie evidence of the testimony given by the several witnesses. SEC. 9. The stenographer shall have the power, and forthwith upon entering upon the duties of his office he shall appoint a competent assistant, which said appointment shall be subject to the approval of the judge of probate of said county, and such assistant stenographer shall perform any and all duties of the stenographer whenever the stenographer is absent, incapacitated, under suspension, otherwise engaged, or for any reason unable to perform the duties required under the proviProviso as to sions of this act: Provided, however, That such assistant compensa tion. Term of office. Proviso as to suspension. stenographer shall hold his office during the pleasure of the stenographer, and shall receive no fees or compensation other than such as may be agreed upon between himself and such stenographer, which sum shall be paid by the stenographer. SEC. 10. The stenographer and assistant stenographer shall be deemed officers of the several courts herein mentioned, and the stenographer shall hold his office during the pleasure of the governor: Provided. That the probate judge shall have power to suspend the stenographer or assistant stenographer for misconduct or incompetency, and in case of such suspension, he shall thereafter cease to hold the office of stenographer, |