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Act repealed.

[No. 25.]

AN ACT to repeal chapter two hundred and twenty-two of compiled laws of eighteen hundred and seventy-one, entitled "An act to authorize the Governor of the State of Michigan to seize and procure the condemnation of lands to be used by the United States for light-house purposes."

SECTION 1. The People of the State of Michigan enact, That act number one hundred and nineteen of the session laws of eighteen hundred and sixty-seven. entitled "An act to authorize the Governor of the State of Michigan to seize and procure the condemnation of lands to be used by the United States for light-house purposes," being chapter two hundred and twenty-two of the compiled laws of eighteen hundred and seventy-one, and all acts amendatory thereto, be and the same are hereby repealed. Approved March 15, 1881.

Certified copies

office evidence.

[No. 26.]

AN ACT to facilitate the procuring of proof of the contents of public records in certain cases.

SECTION 1. The People of the State of Michigan enact, That from U. S. land copies of all papers, documents, plats, maps, entries, or records filed, entered, or recorded in any land office of the United States situated in the State of Michigan, certified by the register or receiver of such land office to be a correct transcript compared by him with the original in said land office, shall be evidence in all courts and proceedings in like manner and to the same extent as the original would be if produced.

Copies of plats, maps, etc., filed with board of control of St.

Mary's Falls

SEC. 2. Copies of all papers, documents, maps, plats, entries, or records filed with the board of control of the Saint Mary's Falls ship canal, or entered in the records of the proceedings of said ship canal to be board of control, certified by the auditor general of this State to be a true transcript compared by him with the original in the office of said board of control, shall be evidence in all courts and proceedings in like manner and to the same extent as the original would be if produced.

evidence.

Approved March 15, 1881.

[No. 27.]

AN ACT to amend section sixteen, of chapter ten, of the compiled laws of eighteen hundred and seventy-one, being compiler's section four hundred and eighty-two, relative to the powers and duties of the boards of supervisors of the several counties, and to conter upon them certain local, administrative, and legislative powers.

SECTION 1. The People of the State of Michigan enact, That

section sixteen of chapter ten, being compiler's section four hun- Section
dred and eighty-two of the compiled laws of eighteen hundred and amended.
seventy-one, relative to the powers and duties of the boards of su-
pervisors of the several counties and to confer upon them certain
local, administrative, and legislative powers, be and the same is
hereby amended so as to read as follows:

organization of

visors.

township meet

(482.) SEC. 16. Whenever the board of supervisors shall erect a Proceedings on new township in any county, they shall designate the name thereof, new township by the time and place of holding the first annual township meeting board of super. therein, and three electors of such township, whose duty it shall be to preside at such meeting, appoint a clerk, open and keep the polls, and exercise the same powers as the inspectors of election at any township meeting. And in case any of the three electors above mentioned shall refuse or neglect to serve, the electors of said township present at such meeting shall have power to substitute some other elector of such township for each one so neglecting or refusing to serve. Notice of the time and place of such meeting, signed Notice of first by the chairman or clerk of the board of supervisors, shall be post-ing. ed in four of the most public places in such new township, by the persons so designated to preside at such meeting, or by some person appointed by such board of supervisors for that purpose, and in each of the townships whose boundaries may have been altered by the erection of such new township, at least fourteen days before holding the same. They shall also fix the place for holding the Place of holding first township meetings in the town or towns from which such new meeting. township shall be taken, which shall also be stated in the notice posted in such last named township; but nothing in this act shall affect the rights, or abridge or enlarge the term of office of any town officer except justice of the peace, in any such township; but such township officer other than justice of the peace, residing within the limits of such new township, shall continue to be such officer in such new township, till the expiration of the time for which he was elected, in the same manner as if originally elected therein; and the terms of office of all township officers except justices of the peace elected at such first township meeting, shall expire on the first Monday of April thereafter, or as soon thereafter as their successors are elected and qualified.

Approved March 16, 1881.

[No. 28.]

AN ACT to amend sections seventy-nine, eighty and eighty-one, of act number one hundred and seventy-three, of the session laws of eighteen hundred and fifty-five, relative to courts held by justices of the peace, approved February thirteen, eighteen hundred and fifty-five, being compiler's sections five thousand three hundred and twenty-seven, five thousand three hundred and twenty-eight and five thousand three hundred and twenty-nine, of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That

first township

Sections amended.

Bond of defendants for costs,

etc.

Costs and fees.

If bond be given justice to certify case to circuit court.

If bond not given justice to proceed, etc.

sections seventy-nine, eighty and eighty-one of act number one hundred and seventy-three of the session laws of eighteen hundred and fifty-five, relative to courts held by justices of the peace, approved February thirteen, eighteen hundred and fifty-five, being compiler's sections five thousand three hundred and twenty-seven, five thousand three hundred and twenty-eight and five thousand three hundred and twenty nine, of the compiled laws of eighteen. hundred and seventy-one, be and the same are hereby amended so as to read as follows:

(5327.) SEC. 79. At the time of tendering such plea and notice, the defendant, with at least one sufficient surety to be approved by the justice, shall enter into a bond to the plaintiff, in a penalty of at least two hundred dollars, conditioned that such defendant will pay any judgment that may be rendered against him in such action in the circuit court of such county, and shall also pay the plaintiff's costs legally incurred at that time, not exceeding the amount allowed by law in justices' courts, and also the sum of one dollar to the justice for certifying the cause to the circuit court, together with the sum of two dollars as an entry fee for the use of the county, which last sum shall be paid to the clerk of the county by said justice at the time such justice shall certify the cause to the circuit court.

(5328.) SEC. 80. Such bond shall be delivered and such fees and costs shall be paid to the justice at the time of tendering such plea and notice, and the justice shall thereupon, without further proceeding, certify the cause and papers to the circuit court of the county where the same may be tried; and the costs so paid by the defendant shall be allowed to him if he recover costs in the action in that court.

(5329.) SEC. 81. If such bond be not delivered and such fees and costs paid as herein directed, the justice shall have jurisdiction of the cause, and shall proceed therein, and the defendant shall be precluded in his defense from all evidence drawing in question the title to lands; and any claim of title to lands made by the plaintiff in his declaration, and therein described, shall be deemed to be admitted by the defendant.

Approved March 16, 1881.

Section amended.

[No. 29.]

AN ACT to amend section two of chapter sixty-four of the compiled laws of eighteen hundred and seventy-one, being compiler's section two thousand and ninety-four, relative to the time of killing quail and the penalty for the unlawful killing thereof.

SECTION 1. The People of the State of Michigan enact, That section two of chapter sixty-four, of the compiled laws of eighteen hundred and seventy-one, being compiler's section two thousand and ninety-four, be amended so as to read as follows:

be killed.

(2094.) SEC. 2. No person or persons shall kill or destroy, or When quail may attempt to kill or destroy, any quail, sometimes called Virginia. partridge, save only during the months of November and December, in each year, under a penalty of ten dollars for each quail destroyed. Approved March 16, 1881.

[No. 30.]

AN ACT making an appropriation for the purchase of books for the State library.

SECTION 1. The People of the State of Michigan enact, That Appropriation. the sum of two thousand five hundred dollars for the year one thousand eight hundred and eighty-one, and the sum of two thousand five hundred dollars for the year one thousand eight hundred and eighty-two, be and the same is hereby appropriated out of any money in the treasury of the State to the credit of the general fund not otherwise appropriated, for the purchase of books for the State library.

SEC. 2. The money so appropriated shall be drawn from the State How drawn. treasury upon warrant of the auditor general, and shall be expended

by the State librarian with the advice and consent of the governor, for the purpose aforesaid.

Ordered to take immediate effect.

Approved March 16, 1881.

[No. 31.]

AN Act to provide for the sale of lands by executors in certain

cases.

may be sold by

SECTION 1. The People of the State of Michigan enact, That How real estate whenever any lands, tenements, or hereditaments are held by any executors. executor in trust for others, the court of chancery for the county in which such property is wholly or in part situated may, upon the bill or petition of such executor or any person interested, whenever it shall be made to appear for the best interest of the persons for whom such property is so held in trust, order, direct and authorize the executor to sell, grant and convey such property at public or private sale, and the sale and conveyance made pursuant to such order, when approved by the court, shall be effectual to pass the title to said property to the purchaser thereof.

petition.

SEC. 2. Upon the filing of such bill or petition, the proceedings Proceedings thereon shall be the same as in ordinary suits in chancery, so far as upon bill or practicable. The court may make such orders as may be necessary Guardians shall therein. Guardians shall be appointed for all infant parties, and no be appointed for sale shall be made until the executor shall have executed and filed with the register of the court a bond in such penalty and with such sureties as shall be approved by the circuit judge, for the faithful

infants.

Court to direct investment of moneys.

discharge of his duties, and the proper disposition of the proceeds of the sale, as may be ordered by the court.

SEC. 3. The court shall make all proper orders and directions from time to time for the management, investment and disposition of the moneys received from such sale, and the interest and income therefrom.

Ordered to take immediate effect.
Approved March 16, 1881.

Territory com.

[No. 32.]

AN ACT to reorganize the eleventh and twelfth judicial circuits and to create the twenty-fifth judicial circuit.

SECTION 1. The People of the State of Michigan enact, That prising circuits. from and after the first day of January in the year eighteen hundred and eighty-two, the counties of Chippewa, Mackinac, Manitou and Schoolcraft shall be formed into and constitute the eleventh judicial circuit; the counties of Ontonagon, Houghton, Keweenaw, Baraga and Isle Royale shall be formed into and constitute the twelfth judicial circuit; and the counties of Marquette, Delta and Menominee shall be formed into and constitute the twenty-fifth judicial circuit.

Present judges to hold court in

11th and 12th circuits.

Election of circuit judge.

Proviso.

Notice of elec

by sheriff.

SEC. 2. The judges of the eleventh and twelfth judicial circuits shall continue to hold courts at the times and places heretofore designated, throughout said circuits as heretofore organized respectively, until said first day of January, eighteen hundred and eightytwo, and to do all other judicial acts, and to exercise all other judicial powers therein until that time.

SEC. 3. The qualified voters of the counties mentioned in the first section of this act shall, on the first Monday in April, eighteen hundred and eighty-one, elect a circuit judge of the circuit of which they are hereby made a part respectively, who shall hold his office, commencing on the first day of January, eighteen hundred and eighty-two, for the term of six years, and until his successor is elected and qualified: Provided, No person shall be eligible to the office of judge in any of said circuits unless he shall have resided in one of said circuits for thirty days next preceding the election therein.

SEC. 4. It shall be the duty of the sheriffs of the several counties tion to be given mentioned, at least ten days before the first Monday of April next, 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 three days previous to the day of election.

Elections, how conducted.

SEC. 5. The said elections for circuit judge shall be conducted, and returns made as prescribed by law for the election of circuit

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