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Notice and affidavit in case of certiorari.
amend chapter ninety-three of the revised statutes of one thousand eight hundred and forty-six, entitled of courts held by justices of the peace,'” being compiler's section seven thousand and thirty-two of Howell's Annotated Statutes of the State of Michigan, be and the same is hereby amended so as to read as follows:
(87032.) SEC. 217. The party intending to apply for such certiorari shall give the justice notice in writing within five days after the rendition of the judgment, of his intention of removing the cause to the circuit court or district court by certiorari; and shall within thirty days make or cause to be made an affidavit, setting forth the substance of the testimony and proceedings before the justice, and the grounds upon which an allegation of error is founded.
Approved May 9, 1891.
[ No. 70. ] AN ACT to require notice of the commencement of suits in
ejectment and certified copies of all final judgments rendered therein to be filed and recorded.
ter of deeds.
Notice of com SECTION 1: The People of the State of Michigan enact,
. mencement of
That hereafter upon the commencement of any action of action to be filed in office of regis ejectment, the plaintiff shall file for record in the office of
the register of deeds of the county wherein the land sought to be recovered are situated, a notice of the pending of such suit in ejectment, setting forth its title and the general effect thereof and a description of the lands to be affected thereby and the party in whose favor any final judgment in ejectment shall be rendered shall, within thirty days after
the rendition thereof, file for record in said register's office, Certified copy of a duly certified copy of said final judgment, and in case of final judgment failure so
to do, the commencement of said suit or the rendition of said judgment shall not be operative as constructive notice to purchasers of said real estate of the right or title of said plaintiff or of any right or titla established by said final judgment, until such notice of suit, or certi
fied copy of judgment shall be so filed for record. Duty of register. Sec. 2. It shall be the duty of the register to receive,
file and record such notice and certified copies of judgments in a book kept for that purpose upon paying to him the fees allowed by law for recording deeds of conveyance.
Approved May 9, 1891.
to be filed,
[ No. 71. ]
AN ACT to amend sections two, five and six of act number
one hundred and twenty-seven of the public acts of one thousand eight hundred and seventy-nine, as amended by act number forty-nine of the public acts of one thousand eight hundred and eighty-one, being compiler's sections one thousand five hundred and thirty-eight and one thousand five hundred and forty-one of Howell's Annotated Statutes, as amended by act number twenty of the public acts of one thousand eight hundred and eighty-three, relative to the inspection of illuminating oils. SECTION 1. The People of the State of Michigan enact, Sections That sections two, five and six of act number one hundred amended. and twenty-seven of the public acts of one thousand eight hundred and seventy-nine, as amended by act number fortynine of the public acts of one thousand eight hundred and eighty-one, being compiler's section one thousand five hundred and thirty-eight and one thousand five hundred and forty-one of Howell's Annotated Statutes, as amended by act number twenty of the public acts of one thousand eight hundred and eighty-three, relative to the inspection of illuminating oils, be and the same are hereby amended so as to read as follows:
SEC. 2. The State inspector provided for in this act is appointinent of hereby empowered to appoint a suitable number of deputies, which deputies are hereby empowered to perform the duties of [inspection ) inspector, and shall be liable to the same penalties as the State inspector: Provided, That the State Proviso as to inspector may remove any of said deputies for reasonable cause. It shall be the duty of the inspector and his deputies to provide Instruments for themselves, at their own expense, with the necessary instru- testing oils, ments and apparatus for testing the quality of said illuminating oils and, when called upon for that purpose, to promptly inspect all oils hereinbefore mentioned, and to reject, for illuminating purposes, all oils which, when tested by the ordinary formula in Tagliabuo's open cup, will ignite and burn at a temperature of one hundred and twenty degrees of Fahrenheit's thermometer.
SEC. 5. No person shall adulterate with paraffine or adulteration other substances for the purpose of sale or for use, any coal or kerosene oils to be used for lights; nor shall any person knowingly sell or offer to sell or knowingly use such adulterated oil; nor shall any person knowingly sell or offer Sale or use of for sale, or knowingly use any coal or kerosene oil, or any prohibited. of the products thereof for illuminating purposes, which by reason of being adulterated, or for any other reason,
will ignite and burn at a temperature less than one hundred and twenty degrees Fahrenheit's thermometer when tested by the ordinary formula in Tagliabue's open cup: And further Further proviso provided, That the gas or vapor from said oils may be used for illuminating purposes, when the oils from which said gas said oils.
or vapor froin
or vapor is generated are contained in closed reservoirs outside the building illuminated or lighted by said gas. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars, or by both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act shall be so construed as to prevent the use in street lamps
of lighter products of petroleum, such as gasoline, benzine, Further proviso. benzole or naphtha: Provided further, That the provisions
of this act shall not apply to the use of machines or generators constructed on the principle of the “Davy safety
lamp.” Salary of
SEC. 6. The State inspector shall receive an annual salary of fifteen hundred dollars. He shall also be allowed such further sum as he may actually and necessarily expend in travel
ing expenses and prosecutions incurred in the discharge of his Salary of deputy duties. Each deputy inspector shall be entitled to a salary inspectors,
payable monthly, the amount of such salary to be determined
This act is ordered to take effect July 1, 1891.
[ No. 72. ] AN ACT to provide for the appointment, fix the compensa
tion and define the duties of a stenographer of the thirtyfirst judicial circuit. SECTION. 1. The People of the State of Michigan enact, Appointment That a stenographer for the thirty-first judicial circuit shall provided for. be appointed by the Governor on the recommendation of the judge of said circuit, and his certificate that the business of the court for said circuit is such as to render the employment of the stenographer desirable,
SEC. 2. The person so appointed shall be deemed an offi- Term and suscer of the court, and shall hold the position during the pension of, etc. pleasure of the Governor: Provided, The court shall have proviso. the power to suspend him for misconduct or failure to properly perform his duties, and in case of such suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded. If such suspension shall not be rescinded within thirty days the office shall be deemed vacant, and thereupon it shall be the duty of the Governor, on receiving notice of such vacancy from the presiding judge, to fill the same by the appointment of a competent person under the recommendation of such judge.
SEC. 3. In case of the death or resignation of the ste- In case of death, nographer or his inability to serve, from any cause, the Gov- etc. ernor shall, on the recommendation of the judge of said circuit, appoint a successor to the office on receiving notice of such vacancy from said judge; but in case of sickness or temporary absence of the stenographer or his suspension by the court, the judge may appoint some competent person to act in his absence or during such suspension.
SEC. 4. It shall be the duty of the stenographer, so Duty. appointed, to attend upon the circuit court of said circuit at each term and, under the direction of the court, to take full stenographic notes of the testimony and other proceedings on the trial of cases at law or in equity.
SEC. 5. In case the council for either party shall desire to furnish copy a copy of the testimony given in any trial for the purpose etc. of moving for a new trial, preparing a bill of exceptions, or moving the case to the Supreme Court, it shall be the duty of the stenographer, so appointed, to furnish
the same within a reasonable time, and he shall be entitled to demand and receive therefor from the party so requiring it the sum of five cents per folio for each folio as transcribed, and the amount so paid shall be recovered as a part of the taxable costs by the prevailing party in such motion or in the Supreme Court: And provided further, That if the judge Proviso. shall so direct he shall make and file a copy of the testimony without fee or charge to any person, and the testimony so furnished or filed shall be deemed the official record of the court.
May have assistant, etc.
How salary provided.
SEC. 6. The stenographer so appointed shall receive as compensation for such services the sum of fifteen hundred dollars per annum, vhich sum shall be paid in monthly installments upon the order of the clerk of said court, said clerk being hereby authorized and directed to draw such orders and the county treasurer to pay the same upon presentation: Provided, The circuit judge shall certify thereon that such services have been faithfully performed.
Sec. 7. The stenographer so appointed shall have power, subject to the approval of the court, to appoint an assistant, who shall be paid by the stenographer and whose appointment may be revoked by him at any time, and such stenographer and his assistant shall perform without additional compensation all the duties pertaining to such office within said county of St. Clair both as to the court held by the judge of said circuit and the court held by the judge of the sixteenth judicial circuit within said county of St. Clair under the provisions of the act organizing the said sixteenth judicial circuit and no additional compensation than as herein provided shall be allowed said stenographer therefor.
SEC. 8. To make up and pay the salary specified in section six of this act, the board of supervisors of the county of St. Clair shall annually appropriate the sum of fifteen hundred dollars for such purpose, and the balance of the appropriation above made for stenographer's salary for 1891, shall be placed to the credit of the salary fund for the purpose of paying the salary under this act.
SEC. 9. In each and every issue of fact tried before the court or jury, in which the stenographer shall be employed, whether in law or equity, the sum of three dollars shall be paid by the parties to the suit, in equal proportions, before the taking of testimony is commenced, into the hands of the clerk of said court and by him paid to the county treasurer to apply upon the payment of the salary of said stenographer herein provided for, and the prevailing party shall have the amount so paid by him taxed in his costs as proper disbursements.
SEC. 10. Before entering upon the duties of his office such stenographer shall take and subscribe the official oath prescribed by the [constitution] constitutions, which oath shall be administered by the presiding judge and filed with the clerk of said court.
SEC. 11. In cases tried in the circuit court in which such stenographer shall be engaged, sections one and four of act No. 67 of the session laws of 1869 as amended, entitled "An act to declare and establish the practice in charging or instructing juries and in settling the law in cases tried in circuit courts," approved March twenty-sixth, eighteen hundred and sixty-nine, shall not apply.
SEC. 12. All acts or parts of acts contravening the provisions of this act, shall be construed as void and of no
Issue of fact to be taxed.
Charge need not be in writing.
Certain acts void.