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Sec. 7. The office of circuit judge of the thirty-first judicial Vacancy declarcircuit, hereby created, shall be vacant from the time this act ed, how filled. 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. D. 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 sherift, St. Clair, at least thirty days previous to the first Monday in etc. 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
conducted, etc. 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.
SEC. 11. Within ten days after the circuit judge of the said shall fix terme 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, coac. 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,
of court, ete.
May sit together. A. D. eighteen hundred ninety-four. To that end it shall be
lawful for the judges of the sixteenth and thirty-first judicial
This act is ordered to take immediate effect.
[ No. 31. ]
Appointment of stenographer,
May appoint deputies.
AN ACT providing for the employment, defining the duties,
and fixing the compensation of a stenographer for the twentyeighth judicial circuit, State of Michigan.
SECTION 1. The People of the State of Michigan enact, That a stenographer for the circuit courts composing the twentyeighth judicial circuit shall be appointed by the Governor, on the nomination of the judge of said circuit. The person so appointed shall take and subscribe the official oath prescribed by the constitution which oath shall be administered by the presiding judge. He shall be an officer of the court and shall hold his office during the pleasure of the Governor: Provided, The court shall 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 be rescinded.
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: Provided, The stenographer shall have power to revoke such appointment at any time.
SEC. 3. It shall be the duty of the said stenographer to attend upon the circuit court of each of the counties composing said circuit during each term thereof respectively and to take full stenographic notes of all testimony given, and pro
ceedings had upon the trial or hearing of cases therein. The Compensation. stenographer so appointed shall receive as a compensation
for such services the sum of fifteen hundred dollars per annum which said sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit. The amount to be paid by each of said counties shall be determined upon the basis of the number of suits entered and com
menced in the circuit courts for such counties respectively, the Judge to appor. preceding year; and on the first of January of each year, or as be paid by each 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 so notified the treasurer of each of said counties shall thereafter, until a new apportionment of salary is made, pay in monthly
Duty of stenographer.
installments, the annual salary of said stenographer in accordance with said apportionment and notification of said 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 to any suit or pro- To furnish ceeding at law or in equity shall desire a transcript of the whole or a part of the testimony or proceedings in any case for the purpose of moving for a new trial, or removing it to the Supreme Court, it shall be the duty of the stenographer of the court reporting said testimony or proceedings to furnish the same, and he shall be entitled to receive therefor from the Fed therefor. party so requiring it, on delivery of said copy the sum of six cents per folio for each folio so transcribed and should said party so ordering said transcript and at the time of giving such order signify his wish for two copies or transcripts of said stenographer's notes of said testimony or proceedings, the said stenographer shall furnish the second copy for two cents a folio and the money so paid the stenographer shall be recovered as a part of the taxable costs of the party in such motion or in the Supreme Court: Provided, That in any case the court may Proviso order the stenographer to make a transcript of the testimony and proceedings in said case, such transcript shall be deemed the official record of the court: Provided further, That if the Further proviso. presiding judge shall direct a copy of the testimony and other proceedings upon any trial to be made for his own use, the stenographer shall make and file the same, withont costs to either party; such copy shall be made within such time as the court shall order.
SEC. 5. Each and every issue of fact at law or in chancery Cases to be tried or 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, shall be taxed the sum of three dollars, to be paid by the plaintiff or complainant, at the commencement of each 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.
SEC. 6. The stenographer or assistant stenographer who Notes, etc., preshall 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. And in the event of the death or resignation, or his removal from office or from this State, 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 that county: Provided, Proviso. That said notes shall be a part of the record in all said cases, and shall be subject to inspection as other records in the case.
SEC. 7. In cases tried in the said courts in which said ste- Charge need not nographer shall be engaged, it shall not be necessary for the
servation of, etc.
be in writing.
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 twenty-fifth, one thousand
eight hundred sixty-nine. Certain acts void. SEC. 8. All acts or parts of acts contravening the provisions
of this act shall be construed as void and of no effect as applied
This act is ordered to take immediate effect.
AN ACT requiring certain of the regular terms of the circuit
court for the county of Iosco to be hereafter held within the city of Au Sable.
Court to be held
Proviso as to
Judge to desig
SECTION 1. The People of the State of Michigan enact, That two of the regular terms of the circuit court for the county of Iosco, heretofore appointed, shall be held during the remainder of the year A. D. one thousand eight hundred and ninetyone, within the city of Au Sable, and during each year thereafter, two of the regular terms of said court shall be held within
said city: Provided, That the common council of said city, place of holding, shall furnish and provide, free of expense to said county, a suit
able place for holding said court, within said city, and transacting the business thereof, and also a suitable and sufficient jail, for the incarceration of prisoners during the sittings of said court, both to be inspected and approved by the judge of said court which approval shall be in writing, and shall be filed with the clerk of said county.
SEC. 2. Within ten days after this act shall take effect and held at Au Sable. become a law, and said approval be so filed, the circuit judge of
the twenty-third judicial circuit shall designate which two of the four regular terms of the circuit court for the said county of Iosco, heretofore appointed for the year A. D. eighteen hundred and ninety-one, shall be so held within said city, which designation shall be in writing, and shall be immediately thereafter transmitted by him to the clerk of the said county.
SEC. 3. The judge of the said circuit shall thereafter, when fixing and appointing the times of holding the several terms within his circuit, in such appointment determine and designate which of the regular terms, to be then fixed and appointed, shall be so held within said city of Au Sable, for the two years next ensuing.
This act is ordered to take immediate effect.
[ No. 33. ] AN ACT making an appropriation for the Michigan
Pioneer and Historical Society, for the years eighteen hundred and ninety-one and eighteen hundred and ninety-two. SECTION 1. The People of the State of Michigan enact, Appropriation. That there is hereby appropriated to the Michigan Pioneer and Historical Society, from the general fund, the sum of one thousand dollars, as follows: The sum of five hundred dollars for the year eighteen hundred and ninety-one, and the sum of five hundred dollars for the year eighteen hundred and ninety-two, which said sums of money shall be Purpose of. expended by said Michigan Pioneer and Historical society in collecting, arranging and preserving a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary and other materials illustrative of and relating to the history of Michigan; to rescue from oblivion the memory of its early pioneers; to procure and preserve narratives of their early exploits, perils, privations, hardy adventures and noble achievements; to collect material of every description relative to the history, genius, progress or decay of our Indian tribes; to exhibit faithfully the past and the present resources of Michigan.
SEC. 2. There is hereby further appropriated to said Additional Michigan Pioneer and Historical Society, from the general fund, the sum of four thousand dollars, as follows: The sum of two thousand dollars for the year eighteen hundred and ninety-one, and the sum of two thousand dollars for the year eighteen hundred and ninety-two, or as much thereof as may be necessary to publish two volumes of historical Purpose of. and other material relative to and illustrative of the history of Michigan. Said Michigan Pioneer and Historical Society shall collect, arrange and prepare the materials for said volumes for printing, which shall be printed by the State printer, under the direction and superintendence of said Michigan Pioneer and Historical Society, and said volun.es Size of volumes. shall not contain more than seven hundred and thirty pages each and shall be printed and published in kind of type, quality of paper, style of binding and printing similar to the "Pioneer Collections” heretofore published by said Michigan Pioneer and Historical Society, and said Michigan Pioneer Number of and Historical Society shall not publish or issue more than copies. three thousand copies of each of said volumes published as provided for in this act.
Sec. 3. Five hundred copies of each volume published, as Disposition of. heretofore in this act provided for, shall be deposited in the State Library of Michigan for exchange with the Pioneer and Historical Societies of domestic and foreign states and governments, and the officers of said Michigan Pioneer 'and Historical Society shall make a further distribution of one copy of each of said volumes to each of the duly and legally