able: Provided, That if there be more than two adjournments Proviso, after the return day of the principal suit or after joining is- adjournments. sue in a garnishee case, there shall be an adjournment fee paid by the party procuring said adjournment of twenty-five cents for each adjournment, before such party shall be entitled to such adjournment. Proceedings in garnishment shall Proceedings in garnishment. be treated as a part of the principal cause, and no additional fee shall be required therein, except when an issue of fact shall be joined in respect to the liability of the garnishee or garnishees; in such cases adjournment fee of one dollar and one-half shall be paid before such trial shall commence. If any party demand a jury in any civil action in said court, Civil actions. he shall advance the same fees therefor that are or may be provided by the general laws of the State governing justice courts. The money so paid to said clerk, as herein provided, shall be for the use of said city, and shall be held to be in full of all fees in civil actions, including the issuing of executions and satisfaction of judgment; the sum or sums so paid, including the jury fee, shall be taxed as costs of suit in favor of the party paying the same, if he be the prevailing party in the suit. For all services and proceedings subsequent to the issuing of the execution, or removing causes to the appellate court, there shall be paid to the said clerk the fees provided by the general laws of the State governing justice courts and returns in appeal cases and to writs of certiorari shall be made in the manner therein provided. SEC. 23. The fees and costs in each criminal case in said Fees, etc., in criminal cases. court, whether under the laws of this State or under the charter or ordinances of said city, shall be the same as are provided by the general laws of the State for criminal cases before justices of the peace, and shall be taxed, and an itemized bill kept in each file thereof. The fees of witnesses, jurors, sheriffs and constables, in criminal cases in said court, shall when collected, be paid to them by said clerk, to their own use. In all cases of offenses against the criminal laws of this State or against the charter or ordinances of said city, if the defendant shall plead guilty to the offense charged, or shall be found guilty thereof on trial by said justice or jury, judgment for costs accruing in the case may be rendered against said defendant, in addition to the fine, penalty or forfeiture imposed. SEC. 24. All persons charged with or convicted of offenses Confinement against the general laws of the State, or for violation of the of prisoners. charter or ordinances of said city, may, by the direction or sentence of the court be confined either in one of the city jails or police stations or in the county jail of Saginaw county and if, in the first instance, taken to or confined in one of the said city jails, or police stations, may be removed to the said county jail by direction of said court. Any law of this State, prohibiting escapes, aiding prisoners to escape, or Examination for offenses nôt triable any act detrimental to the safety of prisoners in a county jail, shall apply to said jails or police stations. SEC. 25. In cases of examination of offenders by the justice for offenses committed against the criminal laws of this before justice. State, which are not triable before said justice, but before the circuit court, it shall be lawful for such justice to cause an order to be entered in the record of such examination appointing, at the request of the prosecuting attorney or his assistant, if in the judgment of said justice it is for the best interest of the public so to do, some competent stenographer to take in shorthand the testimony given upon such examinations, which shall be transcribed upon the request of the transcription prosecuting attorney, filed in the cause, and the stenographer so employed shall receive such per diem compensation for the time expended by him in taking such testimony, and such price per folio for transcribing same when requested by the prosecuting attorney, as aforesaid, as shall be fixed by the board of auditors of Saginaw county, the same to be allowed and paid out of the treasury of said county. Testimony, of. Prosecuting attorney, duty of. Defendants right of appeal. How taken. New trials. Proviso, motion. SEC. 26. It shall be the duty of the prosecuting attorney of the county of Saginaw, or his assistant to attend all sessions of said justice court, when requested by the justice so to do, to prosecute State criminal cases therein, except when actually engaged, as such officer, in the trial of a case in another court, and it shall be the duty of the city attorney or an assistant to attend sessions of said court, when requested by the justice to prosecute violations of the charter or ordinances thereof. SEC. 27. The defendants in criminal cases shall have the right of appeal, provided such appeal shall be taken and perfected within twenty-four hours from the time of the court pronouncing its judgment or sentence, and certiorari from final judgment of said court, as provided by law for appeals and certiorari from final judgments of justices of the peace in criminal cases, such appeals being taken and perfected as herein before in this section provided. Appeals and writs of certiorari, both in city and State cases, shall be taken, perfected and returned in the manner provided by law for like acts before justices of the peace in criminal cases, except as herein otherwise provided. SEC. 28. Said justice shall have the same power and authority to set aside the verdict or judgment and grant a new trial therein upon legal cause shown therefor, as the circuit courts of the State possess: Provided, That a motion in writing be made and filed with the clerk of said justices' courts within five days after the rendition of the verdict or judgment in said case. Said motion shall briefly and plainly set forth the reasons and grounds upon which it is made. Affidavits upon which the motion is founded shall also be filed at the time of filing of said motion, and notice of the hearing of such motion, with copy of the motion and affidavits filed as aforesaid, shall be served upon the adverse party or his attorney at least two days before the hearing thereof. Such motion shall be determined within two days after the same shall have been heard and submitted, and such motion shall be submitted and heard within one week after the same shall have been filed. The time for taking an appeal Appeal from from judgment, in case such motion be not granted, shall judgment. begin to run from the time when such motion shall be overruled. In no case shall the pendency of such motion stay the issuing and levy of an execution in such case; but in case of a levy under execution pending such motion, no sale of the property so levied on shall be advertised or made until the final determination of such motion. SEC. 29. The circuit court of the county of Saginaw shall Appellate jurisdiction. have exclusive appellate jurisdiction of all causes, civil or criminal, brought before the justice of the peace of said city, and also of all prosecutions brought for violation of the charter, or any ordinance of said city, and of all actions for the recovery of any fine, penalty or forfeiture for the violation thereof. Appeals may be taken from, and writs of certiorari may issue to said justice of the peace, in the same cases, upon the same conditions, and with like effect as is now, or may at any time hereafter be provided by the general laws of the State in respect to actions, prosecutions and proceedings before justices of the peace in the several townships of the State: Provided, That on the trial of all appeals from Proviso, trial any convictions for violations of the provisions of the charter of appeals. or ordinances of said city, the city attorney shall be entitled to appear and to prosecute the same, and may exercise the same powers and perform the same duties in the prosecution thereof as are exercised and performed by the prosecuting attorney of Saginaw county, on the trial in said court of offenses against the general laws of the State. No warrant for the violation of any ordinance of the city of Saginaw shall issue by said justice, except upon the written order of the city attorney. money. SEC. 30. Upon filing in said justice court of a petition by Unclaimed the city clerk praying that all property and moneys which property and have remained in the hands of the clerk of the police station unclaimed for a period of six months or more may be condemned and sold, said justice shall enter an order briefly describing the property stating that a petition for condemnation and sale thereof has been made by the city clerk and requiring all persons interested therein as owners or otherwise, to appear and show cause, if any there be, at a session of said court to be therein designated, why such property should not be condemned and sold and the proceeds thereof paid into the contingent fund of the city. Such order shall be pub- Publication of lished not less than two times in the official paper of said city order. at least ten days prior to the date of hearing and at the time and place designated by the order of said court, and upon due proof of publication the court shall proceed, unless cause to the contrary be shown, to condemn and order sale of said Conduct of sale. Referendum on act. In case act approved. Repealing clause. property and payment of the proceeds thereof into said contingent fund, and shall in the said order direct the time and manner of sale. Said sale may be conducted by any police officer of the city of Saginaw and condemnation and sale shall bar all right of recovery by any person whomsoever. SEC. 31. The office of recorder is hereby abolished. SEC. 32. The council of the city of Saginaw shall submit this act to the electors of the city of Saginaw for approval at the first general or special election, whether called for that purpose or not, held in the city of Saginaw after this act shall take effect. Said question shall be submitted, notice of election given, the ballots prepared, the election conducted, and the votes canvassed in all respects as near as may be in accordance with the provisions of the charter of the said city regulating the conduct of elections and the submission of questions to electors. SEC. 33. If this act shall be approved by a majority of the electors of the city of Saginaw voting thereon as provided in the preceding section, there shall be an election of the justice of the peace herein provided for at the first general or special election, whether called for that purpose or not, held thereafter in the city of Saginaw. Nomination of candidates for said office shall be made in accordance with the provisions of the general law regulating the nomination of justices of the peace. The election of said justice shall be conducted as near as may be in the manner provided by the charter of the city of Saginaw for the election of mayor. Said justice shall take office on the tenth day following his election, and this act shall thereupon come into force and effect in its entirety. SEC. 34. All acts or parts of acts conflicting with the provisions of this act, and especially titles twelve, thirteen, fourteen and fifteen of act number five hundred sixty-six of the Local Acts of nineteen hundred five, entitled "An act to revise and amend the charter of the city of Saginaw," and all acts amendatory thereof are hereby repealed, subject to the approval of this act by the electors of the city of Saginaw, and on the election and qualification of a justice of the peace hereunder. This act is ordered to take immediate effect. [No. 5.] AN ACT authorizing organized townships and incorporated villages in the State of Michigan to borrow money and to issue bonds therefor for the purpose of establishing free public libraries, purchasing sites and constructing buildings thereon. The People of the State of Michigan enact: bond for free public li SECTION 1. The township board of any organized township Authority to and the village council, or board of trustees, of any incorporated village in the State of Michigan are hereby authorized braries. and empowered, upon an application signed by not less than twenty-five qualified electors of such township or incorporated village being first filed with the said township board, village council, or board of trustees, as the case may be, to borrow a sum of money, not exceeding one per cent of the assessed valuation of such township, or incorporated village, on the faith and credit of such township, or incorporated village, and to issue the bond, or bonds of such township, or incorporated village, therefor; the money so borrowed to be used for the purpose of establishing a free public library, for purchasing a site for the same or constructing buildings thereon: Provided, That a majority of the voters of such township, or Proviso, vote incorporated village, voting thereon at a township meeting, required. a general election, or at a special election called by the township board, or at a general or special election called by the village council, or board of trustees, for that purpose, shall vote in favor thereof. SEC. 2. The question of issuing the bonds, provided for in when subsection one of this act, shall be submitted to the legal voters mitted. of such township, or incorporated village, by the township board, the village council or board of trustees, within thirty days after the filing of the application mentioned in section one, giving due notice thereof by causing the date, place of Notice. voting and object of said election to be stated in written or printed notices to be posted in five public places in such township, or incorporated village, at least ten days before the time fixed by said board for such election, and by publishing the same in at least one newspaper published in said township, or incorporated village, or if none be published in said township, or incorporated village, then in some newspaper published in the same county, which is circulated in such township or incorporated village, at least two weeks before the time of such election. Such notice shall state the amount of what to money proposed to be raised by such bonding, and the pur- state. pose or purposes to which it shall be applied. SEC. 3. The vote upon such proposition shall be by printed Form of ballot, and such ballots shall be in the following form: ballot. |