judges in the several judicial circuits of this State, and the State board of canvassers shall, without delay, on the receipt of the returns from said counties, proceed to canvass the votes, and to deliver to the persons elected a copy of their determination, or certificate of election as required by law. where filed. SEC. 6. It shall be the duty of each of the persons so elected as Oath of office, circuit judges to file his oath of office with the secretary of state on or before the first day of November following his election, and immediately thereafter, and on or before the same first day of November, to fix and appoint the times of holding terms of court in Judge to fix time his circuit, and to give notice of the same in conformity to the pro- of holding court. visions of section forty-nine hundred and thirty-nine of the compiled laws of this State; and said judges shall have jurisdiction in all judgments, decrees, records, files, books, papers, suits, prosecutions, causes and proceedings pending in the circuit courts of the counties composing their respective circuits. Ordered to take immediate effect. [No. 33.] AN ACT to provide for the publication of monthly crop and stock reports. State to obtain SECTION 1. The People of the State of Michigan enact, That Secretary of the secretary of state shall each year obtain monthly statements as reports of condito the condition of live stock, condition and prospects of the tion of crops, etc. growing crops, and as soon after the harvests as possible, statements as to the yield of wheat and other farm and fruit products; he shall also ascertain the quantity of wheat, wool, apples and other products marketed, and the quantity remaining in farmers' hands. And the said secretary of state shall prepare a monthly To prepare and abstract of the information thus obtained and shall insert therein publish monthly the number of townships from which reports have been received and shall publish a sufficient number of copies of the same to furnish one copy to each newspaper published in this State, one copy to each member of the legislature, one copy to each correspondent furnishing information for said abstract, and one thousand copies for general distribution. abstracts. spondents in SEC. 2. That it shall be the duty of the secretary of state, as To solicit corresoon as practicable after the passage of this act, to select not less each township. than one person in each township who shall be willing to act as corres, ondent of the department and furnish the information required by the first section of this act, and such further informa tion as shall be deemed useful. And such person shall thereafter, Compensation of as long as he shall faithfully perform the duties of a correspondent, correspondent. be entitled to one copy of each of the reports published by the State department relating to agricultural subjects, also to one copy of each of the annual reports of the State board of agriculture and of the State horticultural society. Approved March 17, 1881. Substance in semblance of butter to be stamped. How stamped. [No. 34.] AN ACT for the protection of dairymen, and to prevent deception in sales of butter. SECTION 1. The People of the State of Michigan enact, That every person who shall manufacture for sale, or who shall offer or expose for sale, by the tub, firkin, box or package, or any greater quantity, any article or substance in semblance of butter not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which the oil or fat of animals not produced from milk enters as a component part, or into which melted butter, or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon the top and also upon the side of every such tub, firkin, box, or package of such article or substance, the word "Oleomargarine," if such article or substance is composed in part of suet or tallow, or the word "Butterine," if such article or substance is composed in part of lard, where it can be plainly seen, in Roman letters which shall be burned on, or printed thereon with permanent black paint, in a straight line, and each letter shall be not less than one inch in length; and in case of retail sales of such articles or substance, in parcels, the seller shall in all cases sell, or offer, or expose the same for sale from a tub, firkin, box, or package stamped, branded, or marked, as herein stated, and shall also deliver therewith to the purchaser a furnished pur- printed label bearing the plainly printed word "Oleomargarine," or "Butterine," as the same may be, with the name of the manufacturer in Roman letters not less than one-half inch in length which shall be printed in a straight line; and every sale of such article or substance by tub, firkin, box or package, or in any greater quantity not so stamped, branded, or marked as "Oleomargarine" or "ButWhen sale void. terine," as the same may be, and every sale of such article or substance at retail in parcels that shall not be sold from a tub, firkin, box, or package, so stamped, branded, or marked, or without delivery of a label therewith as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this State to recover upon any contract for the sale of any such article or substance not so stamped, branded, marked, labeled, or sold. Label to be chaser. Penalty for sell. ing without stamping. SEC. 2. Every person who shall sell, or offer, or expose for sale, or who shall cause or procure to be sold, offered, or exposed for sale, by the tub, firkin, box, or package, or in any greater quantity, any article or substance required by the first section of this act to be stamped, branded, or marked, that shall not be so stamped, branded, or marked, or in case of retail sales in parcels, every person who shall sell, or offer or expose for sale, or who shall cause or procure to be sold, offered or exposed for sale, any article or substance required by the first section of this act to be sold, offered or exposed for such sale from a tub, firkin, box, or package, stamped, branded, or marked, and labeled as therein stated, contrary to the provisions of said section, shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hundred dollars, and the costs of prosecution, or by imprisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment for each and every offense. Approved March 17, 1881. [No. 35.] AN ACT to amend section one of chapter sixty-seven of the revised statutes of eighteen hundred and forty-six, being section four thousand three hundred and nine of the compiled laws of eighteen hundred and seventy-one, concerning title to real property by descent. amended SECTION 1. The People of the State of Michigan enact, That Section section one of chapter sixty-seven of the revised statutes of eighteen hundred and forty-six, being section four thousand three hundred and nine of the compiled laws of eighteen hundred and seventy-one, concerning title to real property by descent, be and the same is hereby amended so as to read as follows: (4309.) SECTION 1. When any person shall die seized of any lands, How land, etc., tenements, or hereditaments, or of any right thereto, or entitled to to descend. any interest therein, in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in manner following: First, In equal shares to his children, and to the issue of any deceased child by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all of the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise they shall take according to the right of representation; Second, If he shall have [leave] no issue, his estate shall descend to his widow during her natural lifetime, and, after her decease, to his father; and if he shall leave no issue or widow, his estate shall descend to his father; Third, If he shall leave no issue, nor widow, nor father, his estate shall descend in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation: Provided, That if he shall leave a mother also, she shall take an equal share with his brothers and sisters; Fourth, If the intestate shall leave no issue, nor widow, nor father, and no brother nor sister, living at his death, his estate shall descend to his mother, to the exclusion of the issue, if any, of deceased brothers or sisters; Fifth, If the intestate shall leave no issue, nor widow, husband, father, mother, brother, nor sister, his or her estate, as the case may be, shall descend to his or her next of kin in equal degrees, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote: Provided, however, Sixth, If any person shall die, leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation; Seventh, If, at the death of such child who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally, otherwise they shall take according to the right of representation; Eighth, If the intestate shall leave a husband or wife and no issue, nor other lineal descendants, nor father, mother, brother nor sister, and there be no issue of brothers or sisters, the estate of such intestate shall descend to the husband or wife of such intestate, as the case may be; Ninth, If the intestate shall leave no wife, nor husband, nor kindred, his or her estate, as the case may be, shall escheat to the people of this State for the use of the primary school fund. Approved March 17, 1881. Justices of the peace authorized to issue subpœnas. [No. 36.] AN ACT to authorize and compel the attendance of witnesses by the insurer or insured in the adjustment and arbitration of fire losses in insurance companies organized under the laws of this State. SECTION 1. The People of the State of Michigan enact, That any justice of the peace of this State is hereby authorized and required to issue subpoenas, and compel the attendance of witnesses before the president, vice-president, board of directors, or either of the directors, or the auditor or board of auditors of any mutual fire insurance company organized under the laws of this State, whenever requested so to do by said officers of such insurance companies, or any one of them, or the insured, to give evidence in any matter touching the adjustment or arbitration of losses by fire, which may come before such officer or officers; and such subpoena shall be valid to compel the attendance of a witness within the same county where such matter is to be tried, and within thirty miles of the place of such trial. The opposite party interested in such adjust- Notice to oppoment or arbitration shall be notified, without cost to him or them, at least twenty-four hours in advance, of the time and place where such witnesses are to be examined, and he or they shall have the right to appear by attorney or in person, and cross-examine all witnesses produced. site party. served. SEC. 2. Any such subpoena may be served by a sheriff, constable, How subpoena or any other person, and it shall be served by delivering a copy thereof, and by paying or tendering to him the same fees for traveling and one day's attendance as are allowed by law in justice courts. SEC. 3. Whenever it shall appear to the satisfaction of said jus- When attachtice of the peace, by affidavit of a party interested in said adjust- ment may issue. ment or arbitration, or by other competent testimony, that any person duly subpoenaed to appear as required in said subpoena, shall have refused or neglected without just cause to attend as a witness in conformity to such subpoena, and the testimony of such witness is material, as the deponent verily believes, the said justice shall have power to issue an attachment to compel the attendance of such witness, and said witness shall be liable for the costs of such attach- Costs, how rement [attachments] and for the service of the same, which costs may be recovered in an action of assumpsit at the suit of the party injured by such neglect or refusal, before any court having competent jurisdiction in like cases, and shall moreover be liable to said injured party in damages. covered. to administer SEC. 4. Any one of said officers of such insurance companies shall officers of comhave the power, and they are hereby authorized to administer an pany authorized oath to said witnesses or parties so testifying before them in the oaths. adjustment or arbitration of such losses, and said witnesses shall be liable to the same pains and penalties for perjury as are now provided by law. Approved March 17, 1881. [No. 37.] AN ACT to amend section eleven of an act, entitled "An act relating to depositions taken within this State," approved March twenty-nine, eighteen hundred and forty-eight, being compiler's section five thousand nine hundred of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That Section section eleven of an act, entitled "An act relating to depositions amended. taken in this State," approved March twenty-nine, eighteen hundred and forty-eight, being compiler's section five thousand nine |