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and the election returns of said district shall be made to Idem, the county of Iosco.
The counties of Kalkaska, Crawford, Oscoda, Otsego, Montmorency and Alcona shall constitute a representative district, and be entitled to one representative, and the election returns of said district shall be made to the county of Alcona.
The counties of Alpena and Presque Isle shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Alpena.
The counties of Cheboygan and Emmet shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Cheboygan.
The counties of Chippewa, Mackinac and Luce shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Chippewa.
The counties of Delta, Schoolcraft, Alger and Manitou shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Delta.
The counties of Keweenaw and Isle Royal and the townships of Calumet and Osceola in the county of Houghton, shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Keweenaw.
The townships of Adams, Chassell, Duncan, Franklin, Hancock, Laird, Portage, Quincy, Schoolcraft and Torch Lake in the county of Houghton shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Houghton.
The counties of Baraga, Dickinson, Iron and Ontonagon shall constitute a representative district and be entitled to one representative, and the election returns of said district shall be made to the county of Dickinson.
Approved May 28, 1891.
[ No. 110. ]
AN ACT to re-organize the eleventh and thirteenth judicial
circuits and to create the thirty-third judicial circuit.
SECTION 1. The People of the State of Michigan enact, Eleventh judicial That from and after this act shall take effect the counties of Chippewa, Luce, Schoolcraft and Alger, shall be formed into and constitute the eleventh judicial circuit; the counties of Grand Traverse, Leelanau, Antrim and Charle
Thirteenth voix shall be formed into and constitute the thirteenth judicial circuit.
judicial circuit; and the counties of Mackinac, Manitou, Thirty-third Emmet and Cheboygan shall be formed into and constitute judicial circuit.
the thirty-third judicial circuit. Vacancy to be Sec. 2. The office of circuit judge of the thirty-third filled by Gov.
judicial circuit, 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 provisionally from the time of his
appointment and qualification and until his successor is duly Election of cir- elected and qualified. At the general spring election to be to be hela, etc. held in the year eighteen hundred ninety-two, the qualified
voters of the counties comprising the said thirty-third judi. cial circuit shall elect a circuit judge for said circuit, who shall hold his office until the first day of January, eighteen hundred ninety-four, and until his successor is elected and duly qualified. At the general spring election to be held in the year eighteen hundred ninety-three, and at the general spring elections to be held every six years thereafter, the qualified voters of the counties comprising the said thirtythird judicial circuit shall elect a circuit judge for said circuit who shall hold his office for the term of six years from and after the first day of January after his election, and
until his successor is elected and qualified. Duty of sheriff, SEC. 3. It shall be the duty of the sheriffs of the several
counties mentioned, at least thirty days before the general spring election to be held in the year eighteen hundred and ninety-two, to notify the township clerk of each township, and the inspectors of election of each ward in any city in their respective counties, of said election of circuit judge, and said township clerks and ward inspectors shall post notices, in the usual manner for such elections in townships
and wards, at least ten days previous to the day of election. Klections, how SEC. 4. The said elections for circuit judge shall be conconducted, etc.
ducted and returns made as prescribed by law for the
This act is ordered to take immediate effect.
[ No. 111. ]
AN ACT providing for the appointment, defining the duties
and fixing the compensation of a stenographer for the
That a stenographer for the thirty-third judicial circuit shall Appointment be appointed by the Governor, on the certificate of the provided for, circuit judge that a stenographer is desirable in said court. The person so appointed shall take and subscribe to the Term, suspenofficial oath prescribed by the constitution, which oath shall slon of, etc. be administered by the presiding judge. He shall be deemed an officer of the court, and shall hold the position during the pleasure of the Governor: Provided, The court shall proviso. have power to suspend him for incompetency or misconduct, and in case of such suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension shall within thirty days be rescinded.
SEC. 2. In case of the death, resignation, removal or In case of death, suspension of the stenographer, the Governor shall, upon the etc. recommendation of the circuit judge, appoint a successor to the office; but in case of sickness or temporary absence of the stenographer, the judge may appoint some competent person during his absence, the expense thereof to be paid by the stenographer holding the appointment.
SEC. 3. It shall be the duty of the stenographer to attend Duty. upon the circuit court of each of the counties composing said circuit during each term thereof respectively, unless notified to the contrary by the circuit judge, and to take full stenographic notes of all testimony given and [proceedings] proceeding had upon the trial or hearing of cases therein. The stenographer so appointed shall receive a Salary, etc. salary not to exceed eight hundred dollars per annum to be fixed by the judge of said circuit and payable in monthly installments out of the county treasury of each of the counties composing said circuit, according and in proportion to the amount of business done therein the preceding year in which the stenographer is employed; and it Judge to apporshall be the duty of the circuit judge of said circuit, on each county. the first day of January in each year, or as soon thereafter as may be, to apportion the amount of salary to be paid by each county in said circuit, for the then ensuing year, on the basis aforesaid.
SEC. 4. In each and every issue of fact, at law or in Issues of fact to chancery, tried and heard before the court or jury, and in each chancery case in which the proofs are taken in open court, in which the stenographer shall be employed, there shall be taxed the sum of three dollars, one-half to be paid hy the plaintiff or complainant and one-half to be paid by defendant at the commencement of such trial or hearing, into the hands of the clerk, and by him paid into the county treasury of the county in which said case is tried or heard and placed to the credit of the general fund.
SEC. 5. It shall be the duty of the said stenographer, to notes, etc. upon the order of the court, to furnish in legible English, a full copy of the notes taken by him on the trial or hearing of any cause, without cost to either party, and file the same with the clerk of the county wherein such case was
To copies of notes to parties of record,
name of witness to testimony, etc.
tried or heard, for the use of the court and the parties to
shall be made and filed within Compensation such time as the court shall order. The court may, in any for copying, etc.
case where he deems it proper, and where the notes to be copied exceed five hundred foliosallow the stenographer as compensation for such copying excess, such sum, not exceeding five cents per folio, as he deems proper, to be paid in criminal cases, when the court shall order, by the county treasurer of the county in which such case was heard or tried, upon the certificate of the judge that such copy has been filed pursuant to such order, and in civil cases by the party or parties desiring the same, to be taxed as costs to the pre
vailing party. To furnish coples SEC. 6. It shall be the duty of said stenographer to fur
nish, without delay, copies of the notes taken by him in any cause in legible English, to any party of record who may request the same, for such sum as may be agreed upon, not
to exceed six cents per folio. To prefix full SEC. 7. The stenographer who shall take the notes on the
trial or hearing in any case shall prefix to his 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. In the event of the death or resignation or his removal from office, or from this State, of the stenographer, said notes shall be transferred to the county clerk of the county where the case was tried, who shall receive and safely keep the same subject to the direction of the circuit court for the county: Provided, That said notes shall be subject to inspection as other records in said cause.
SEC. 8. In cases tried in the circuit court of said judicial writing.
circuit in which such stenographer shall be engaged, sections one and four of an act entitled “An act to declare and establish the practice in charging or instructing juries and in settling the law in cases tried in the circuit court,” being act number sixty-seven of the public acts of one thousand eight hundred and sixty-nine, approved March twenty-six,
eighteen hundred and sixty-nine, shall not apply. Repealing SEC. 9. All acts or parts of acts contravening the provis
ions hereof, in force at the time of the passage of this act,
This act is ordered to take immediate effect.
Charge of judge need not be in
[ No. 112. ]
AN ACT to amend section ten of chapter one hundred fifty
of the compiled laws of one thousand eight hundred seventy-one, being compiler's section five thousand six hundred sixty of Howell's Annotated Statutes, relative to deeds and conveyances. SECTION 1. The People of the State of Michigan enact, Sochton That section ten of chapter one hundred fifty of the compiled laws of one thousand eight hundred seventy-one, being compiler's section five thousand six hundred sixty of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows:
($ 5660.) SEC. 10. In the cases provided for in the last How acknowlpreceding section, unless the acknowledgment be taken before uicated. a commissioner appointed by the Governor of this State for that purpose, a judge of a court of record whose certificate has attached the seal of such court, or before a notary public, who certifies thereto under his seal of office, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record of the county or district, or of the Secretary of State of the state or territory within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such person to such certificate of acknowledgment to be genuine, and that the deed is executed and acknowledged according to [ the ] laws of such state, territory or district. Whenever any deed or other instrument affecting the title to land, executed, acknowledged and authenticated in accordance with this section and the last preceding section, has been heretofore recorded in the proper county, such record, or a certified transcript thereof, shall be prima facie evidence of the due execution of such instrument, to the same extent as if it had been authenticated as required by the statute in force at the time such instrument was recorded.
Approved May 29, 1891.
[ No. 113. ]
AN ACT to provide for actions of ejectment, and for suits
in equity to quiet title to real estate, against private business corporations whose term of existence has expired, and providing for substituted service upon such corporations therein.
SECTION 1. The People of the State of Michigan enact, who may bring That, notwithstanding the expiration of the term of private