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To be Incorpo rated in tax of 1891,

Sec. 4. The Auditor General shall add to and incorporate with the State tax for the year eighteen hundred and ninety-one the sum of fifteen thousand dollars to be assessed, levied and collected as other State taxes are assessed, levied and collected; which sum, when collected, shall be credited to the general fund to reimburse it for the sum appropriated by_section (one) on of this act. This act is ordered to take immediate effect. Approved July 2, 1891.

Governor.

[ No. 185. ] AN ACT to provide for the appointment, fix the compensa

tion, and prescribe the duties of the stenographer of the circuit courts for the counties of Gogebic and Ontonagon,

now composing the thirty-second judicial circuit. To hold office SECTION 1. The People of the State of Michigan enact, under provisions That from and after the passage of this act the stenog;

rapher of the circuit courts of the counties of Gogebic and Ontonagon, now composing the thirty-second judicial circuit,

shall hold his office under and subject to the provisions of To be appointed this act. He shall be appointed by the Governor on the

recommendation of the judge of the circuit, and hold his office during good behavior, except that the court may suspend him for incompetency or misconduct, and in case such suspension is not rescinded within thirty days the office shall

be deemed vacant. Deputies. SEC. 2. Said stenographer shall have the

power to appoint one or more deputies, subject to the approval of the

court, whose compensation shall be paid by the stenographer: Proviso. Provided, The stenographer shall have power to revoke said

appointment at any time. Duty of Stenog Sec. 3. Said stenographer shall be deemed an officer of

the court, and it shall be his duty to attend said courts at each term and to take full stenographic minut es of the testimony 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 for such services, he shall receive the Compensation, sum of sixteen hundred dollars per annum, which sum shall

be paid in monthly installments out of the county treasuries of the counties aforesaid. The amount to be paid by each of said counties shall be determined upon the basis of the number of suits entered and commenced in the circuit courts of the said counties respectively the preceding year; and on the first day of January of each year, or as soon thereafter as may be, it shall be the duty of the judge of said courts to apportion the amount of such salary to be paid by each county respectively, upon the basis aforesaid, and to notify the treasurer of each county thereof, and when

rapher.

how paid, etc.

mony.

& proper dis

be taxed, etc,

so notified, the treasurer of each of said counties shall thereafter, until a new apportionment of salary is made, pay, in monthly installments, the annual salary of said stenog. rapher in accordance with said apportionment and said notification of the circuit judge, 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 to furnish trantranscript of the testimony or proceedings contained in said script of testistenographer's notes, it shall be the stenographer's duty to furnish the same, and he shall be entitled to demand and receive for making such transcript the sum of ten cents a folio, and in case it shall be necessary to procure a tran- Fees. script of said stenographer's notes of the testimony and proceedings in any case, in order to remove said case to the Supreme Court, and the circuit judge shall certify, then the amount of the stenographer's fees may be taxed, if the appellant prevail in the Supreme Court, as bursement: Provided, That in case a criminal case is taken Proviso. to the Supreme Court, and the prosecuting attorney desires a transcript of the stenographic notes of said case, the stenographer shall furnish the same free of cost.

SEC. 5. Each and every issue of fact tried and con- Issues of fact to tested shall be taxed three dollars, to be paid by the parties to the suit in equal proportions, before the taking of the testimony is commenced, into the hands of the clerk of the court, and by him to be paid into the county treasury, to apply upon 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 such Oath. stenographer shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge, and shall be filed in the office of the county clerk in each of the counties respectively.

SEC. 7. The stenographer or assistant stenographer who To prefix full shall take the notes on the trial or hearing in any cause to notes, etc. 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 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 cause was tried, who shall receive and safely keep the same, subject to the direction of the circuit court for the county: Provided, That Proviso. said notes shall be a part of the records in said cause, and shall be subject to inspection as other records in said

name of witness

cause.

Charge of judge

SEC. 8. In cases tried in the said courts in which said need not be in writing.

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 in settling the law in cases tried in the circuit courts," approved March twenty

sixth, one thousand eight hundred and sixty-nine. Certain acts void, SEC. 9. All acts or parts of acts contravening the provis

ions of this act in force at the time of the passage of this
act, shall be construed as void and of no effect as applied
to the counties of Gogebic and Ontonagon.

This act is ordered to take immediate effect.
Approved July 2, 1891.

etc.

[ No. 186. ]

Authorized to

AN ACT to authorize the cities and villages of this State

to provide for the lighting of their streets, and other public places therein, by means of electric or other lights.

SECTION 1. The People of the State of Michigan enact, acquire works, That it shall be lawful for any city or incorporated village

in this State, to acquire by purchase, or to construct, operate and maintain, works for the purpose of supplying such cities or villages and the inhabitants thereof with gas, electric or other lights, or to contract for the furnishing thereof, at such times and on such terms and conditions as the common council of any such city or

the board of trustees in any such village shall direct. Power of council,

SEC. 2. Whenever the common council of any city, or etc., to act.

the board of trustees of any village shall, by resolution, declare that it is expedient for such city or village to acquire by purchase, or to construct, as the case may be, works for the purpose of supplying such city or village and the inhabitants thereof with gas, electric, or other lights, or when such common council shall deem it expedient to contract for the lighting of such cities and villages, with electric or other lights, then such common council, or the board of trustees of any village or city, shall have power to take such action as shall be deemed expedient to accomplish such purpose: Provided, Such action shall be governed by the provisions of act number five, of the session laws of one thousand eight hundred and seventy, approved August fourth, one thousand eight hundred and seventy, as amended, entitled, "An act to authorize the introduction of water into and the construction or purchase of hydraulic works in the cities and villages in the State of Michigan," being sections three thousand and ninety-six to three thousand one hundred and nine

Proviso.

SO

as

con

proviso.

of Howell's Annotated Statutes, and all the provisions of that act far

the same

shall be material, shall apply to and have full force and operation in the case of cities and villages desiring to have the benefit of this act, in the same manner and to the same effect as in the case of cities and villages proposing to purchase or struct works for the purpose of supplying such city or village, or the inhabitants thereof, with water: Provided, Idem as to time. That all contracts for lighting such cities or villages, as hereinbefore provided, shall be for a period not less than three nor more than ten years: And provided further, Further That such contract shall be entered into in the manner prescribed by the charter of such city or village for the letting of contracts for public lighting: Provided further, Idem. That in case any such common council or board of trustees shall declare that it is expedient for such city or village to acquire by purchase or to construct, as the case may be, works for the purpose of supplying such city or village with electric or other lights, then such common council or board of trustees shall submit to the electors of the city or village the question of purchasing or constructing such works before any further proceedings are had and no further proceedings shall be had by such common council or board of trustees unless a majority of such electors vote for the purchasing or constructing of such works.

SEC. 3. Whenever one hundred or more of the qualified How electors electors of any city or village in this State, shall petition question. to the common council of such city, or the board of trustees of such village, to submit to the electors thereof the question of whether or not said city or village shall avail itself of the provisions of this act, it shall be the duty Duty of council, of such common council or board of trustees, as the may be, to submit such question to the electors of such city or village at its next regular election therein, and in case a majority of the electors shall vote in favor of such city or village availing itself of the provisions of this act, it shall thereupon become the duty of the common council of such city, or the board of trustees of such village, to take such action as shall be necessary to carry such resolution into effect in the same manner and with the same effect as if such common council or board of trustees had, by resolution, declared the same to be expedient, as provided for in section two of this act: Pro- Proviso. vided, however, That the provisions of this act, so far as the same applies to the purchase, or construction operation, or maintenance of works for the purpose of supplying such city or village, or the inhabitants thereof, with public lights as hereinbefore provided for, shall not apply to cities having more than twenty-five thousand inhabitants.

case

etc.

or

Repealing clause.

SEC. 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.
Approved July 2, 1891.

[ No. 137. ]

AN ACT to amend sections two, five, eight, ten and eleven

of chapter three; section eight of chapter six; sections one and three of chapter eight; and section two of chapter nine of act number two hundred and twentyseven of the public acts of eighteen [hundred] and eightyfive, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," as amended by the several acts amendatory thereto.

Sections amended,

SECTION 1. The People of the State of Michigan enact, That sections two, five, eight, ten and eleven of chapter three; section eight of chapter six; sections one and three of chapter eight; and section two of chapter nine of act number two hundred and twenty-seven of the public acts of eighteen hundred and eighty-five, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto,” approved June twentieth, eighteen hundred and eighty-five, as amended by the several acts amendatory thereto, be and the same are hereby amended so as to read as follows:

CHAPTER III.

application to county drain commissioner.

When township SEC. 2. When application shall be made to any townsioner to transfer ship drain commissioner for the establishment of any drain,

and it shall appear to such commissioner that he is interested in the construction of such drain by reason of its traversing any of his lands or benefitting them so that they may be liable to be assessed for benefits in the construction thereof, or that he is otherwise interested therein, then such commissioner, before taking any action thereon shall, in counties where there is a county drain commissioner, transfer such application to the county drain commissioner, who shall thereupon have complete jurisdiction over such application and the drain proposed to be constructed thereunder, and in case there is no county drain commissioner he shall proceed to act as in other cases. Such transfer of the application, together with all other papers pertaining to such drain shall also be made by such township drain commissioner whenever a majority of the

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