How deposition hundred of the compiled laws of eighteen hundred and seventyone, be and the same is hereby amended so as to read as follows: SEC. 11. The deposition shall be enclosed and sealed by the person to be disposed of taking the same and directed to the court or the clerk of the court, or arbitrators or referees before whom the cause is pending; the same may be transmitted by mail or by express. If the said deposition is taken to be used before a court of record, the clerk or judge of such court may open the same; if such deposition is taken to be used bfeore a justice of the peace, arbitrators or referees, the same may be opened by such justice or arbitrators or referees, or any one of such persons, and the parties to such cause, after the opening of the deposition, shall be entitled to examine the same and make copies thereof. Approved March 17, 1881. . [No. 38.] When statement board. AN ACT requiring an annual statement of the Manistee river improvement company to be filed with the board of control of the St. Mary's Falls ship canal. SECTION 1. The People of the State of Michigan enact, That to be filed with the Manistee river improvement company shall cause to be made out and filed with the board of control of the St. Mary's Falls ship canal, at or before its meeting on the last Wednesday of March of each year, the affidavit of its president, or one of its directors, setWhat to contain. ting forth in detail, upon his best information and belief, what amount of timber, logs, and lumber, will be run through any section or sections of the Manistee river improved by said company during that year, designating the towns and ranges where said logs will be put in, and to include the probable amount which will be put in during the next summer's logging, and the town and range in which they will be put in, and that the official has made due and reasonable inquiry on the subject from persons lumbering on the river, and otherwise stating the sources of such information as far as practicable; and said affidavit shall further contain a statement of the amount of logs which passed through the river improved by said company during the year previous, as appears from the records of the boom company of Manistee. Further statement. Section amended. This act is ordered to take immediate effect. [No. 39.] AN ACT to amend sections fifteen, thirty-one, and thirty-five, of act number eighty-seven, of the session laws of eighteen hundred and fifty-five, being "An act relating to burying grounds," approved February twelve, eighteen hundred and fifty-five. SECTION 1. The People of the State of Michigan enact, That sections fifteen, thirty-one, and thirty-five, of act number eighty seven, of the session laws of eighteen hundred and fifty-five, being "An act relating to burying grounds," be and the same are hereby amended so as to read as follows: trustees to make SEC. 15. The board of trustees of any corporation organized under Powers of this act, shall have the power, by a two-thirds vote of the members laws for governelect, to make all needful by-laws, rules, and regulations, not incon-ment. sistent with this act, that may be necessary to the proper management of the affairs of such corporation, and may by a like vote amend the same. how fixed. how devoted. SEC. 31. The price of lots or rights of burial in any grounds be- Price of lots, longing to such corporation may be, from time to time, determined and fixed by a two-thirds vote of the board of trustees. SEC. 35. The board of trustees of any corporation organized un- Memorial fund, der this act may provide for and establish an improvement or memorial fund, the income or proceeds from which shall be perpetually devoted: First, to keeping clean and in good order the lots of the several contributors thereto, and any monuments on said contributors' lots in good repair; and, second, to improving and beautifying any portion of the grounds of such corporation, reserved from sale and set apart for ornamental purposes. Contributions, subscriptions, or bequests to such fund, whether made by owners of lots, or rights of burial, or by other persons, shall be invested in such safe and productive securities as the said board of trustees shall determine, and only the annual interest thereon shall be used, for the purposes above prescribed. Ordered to take immediate effect. [No. 40.] AN ACT to provide for the republication and sale of such of the Court reports may be Reporter to prepare foot-notes, etc. of cases. How changes made. SEC. 2. Before any volume of said reports shall be reprinted, said reporter shall prepare and append to the cases contained in such volume suitable foot-notes or references to cases in the Michigan and other reports, bearing on or affecting the decisions in such cases, and such changes in head-notes or otherwise as the chief justice To insert table may approve. He shall also insert in each volume so reprinted, a full table of the cases cited in the opinions therein; but no change shall be made in the opinion in any case except to correct verbal or typographical errors, which foot-notes, references, changes, and table of cases shall be printed in connection with the original text under the supervision of said reporter, and for his services therefor said reporter shall be allowed such reasonable compensation by the board of State auditors as to them shall seem just: Provided, If for Proviso..when any cause said reporter shall be unable personally to perform the duties hereby imposed, the chief justice shall appoint some other person of known integrity and legal learning to perform the same, who shall be entitled to like compensation. Chief Justico may appoint person in place of reporter. Publication to be by contract. posals to be published. SEC. 3. Said republication shall be done by contract, to be let by the board of state auditors as follows: Said board of state auditors, whensoever notified by the chief justice of the supreme court that any volume or volumes of said reports, that have not been stereoNotice for pro- typed, are out of print, and at any time when any contract let hereunder shall be forfeited or terminated in any way, shall advertise in three different newspapers, one of which shall be published in the city of Detroit, one in the city of Grand Rapids, and the other in the city of Lansing for the term of four weeks; that sealed proposals will be received by said board at Lansing, and opened at the end of such publication of notice, for the stereotyping, printing, and binding of said reports, at a certain rate per volume, to be stated in such proposals, and shall within ten days thereafter award such contract to the lowest bidder. The board of state auditors shall have the power to reject any or all bids. Bidders to dred dollars. SEC. 4. Each bidder shall deposit with the state treasurer, before deposit five hun- making his proposals, the sum of five hundred dollars, to be forfeited to the State in case he shall fail to make a contract in accordance with this act, if the board shall declare him the successful bidder; and shall take a receipt from said treasurer, and deposit the same with his proposal. Contract, what to contain. Bond with fillment of contract. SEC. 5. The successful bidder shall make a contract according to the terms of his proposals, and the provisions of this act, which shall be made and considered part thereof, within thirty days after notice that his proposal is accepted; and shall also file with the sureties for ful- state treasurer a bond in the penal sum of five thousand dollars, conditioned to fulfill such contract in all particulars, with at least two sufficient sureties to be approved by the secretary of state. Such bonds shall be the joint and several obligations of the persons exeWhen contract cuting it. If the successful bidder shall fail to complete his contract, or shall forfeit the same for any cause, the said board shall relet the contract, as soon thereafter as practicable, in the manner provided by section three of this act; and said contractor shall also pay to the State all expenses thereof; and said board may also com forfeited. bonds in lieu of plete any part of such first or any subsequent contract, not fulfilled at the reletting of the same at the expense of such contractor. In Contractor lieu of the sureties to the bond herein required, contractors may de- may deposit.. posit United States bonds to the amount of five thousand dollars sureties. with said treasurer, and said bonds or such part thereof as shall be necessary to reimburse and make good to the State any loss it may sustain, or expense it may be put to by reason of the non-completion of said contract, shall be forfeited to the State of Michigan in case of the failure of such contractor to fulfill any of the conditions of the bond by him to be performed. SEC. . The contract of the successful bidder shall contain such Covenants in covenants as the board of state auditors may think necessary to contract. guard and protect the interests [interest] of the State thereunder. and style of SEC. 7. Whenever any volume or volumes of said reports shall be Number of rerepublished under the provisions of this act, one thousand copies of ports authorized each shall be printed, and said volume or volumes shall be stereo- work. typed and printed and bound in a good and substantial manner and form, of good material for law books, and uniform in size with the present Michigan reports, and to be approved and accepted by the judges of the supreme court or a majority of them, and the only and original stereotyped plates shall be at all times the property of this State. SEC. S. Said reports shall be republished under the supervision of who to supervise said reporter, or of the person appointed by the chief justice and publication. subject at all times to the directions of the supreme court judges or a majority of them, and to whom shall be referred any matter of dispute, and their decision shall be final and binding upon the contractors and the State. be delivered to librarian. SEC. 9. Such contractor, after receiving from the reporter or other when to person appointed by the chief justice any volume of said reports with the aforesaid foot-notes or references, changes and corrections, shall, within ninety days deliver to the state librarian at Lansing, free of costs for publication or delivery, the copies of such volumes herein before provided for, in good order and according to contract, who shall give his receipt therefor to the contractor when directed by the judges of the supreme court or a majority of them. Said contractor, at the time of delivering said copies to the state librarian, or within thirty days thereafter, shall also deliver to the secretary of state the stereotyped plates from which said volume or volumes were printed in good order and condition. contractor. SEC. 10. Upon the delivery of said stereotyped plates to the secre- Payment to tary of state, and upon producing and showing to him a receipt from the state librarian, showing the delivery to him of the agreed number of copies of any of said volumes, and upon the authorization of the board of state auditors the secretary of state shall draw and deliver to said contractor his warrant upon the state treasurer for the amount authorized by said board of state auditors, under any contract made in pursuance of the provisions of this act, and the same shall be paid by the state treasurer out of any funds in the state treasury not otherwise appropriated. SEC. 11. The state librarian shall distribute one copy of any of Distribution of reports by librarian. Proviso. said volumes to each of the various state and county officers of this State, to the United States district court judges in Michigan, to the various state institutions, and to the libraries of the different states and territories as directed by the board of state auditors: Provided, That in case any of said volumes heretofore published have already been distributed to state or county officers, state institutions, or the United States district court judges in Michigan, the same officers or institutions shall not be furnished with copies of the same volumes, republished under the provisions of this act, unless for good cause shown to the board of state auditors. He shall also sell the same at retail at a price not to exceed ten per cent above the actual cost, to be determined by the board of state auditors, and in such quantities to book dealers as shall be fixed by the board of state May be sold by auditors. He shall also give a bond, keep accounts, and pay over money received from the sale of said reports in the manner provided in section seven of chapter one hundred and eight, being compiler's section five thousand six hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one. librarian. Act repealed. SEC. 12. Act number two hundred and seventeen of the session laws of eighteen hundred and seventy-five, being "An act, entitled 'An act to provide for the republication and sale of such of the reports of the supreme court of this State as are or may become out of print,'" approved May third, eighteen hundred and seventy-five, is hereby repealed. Ordered to take immediate effect. Sections amended. Appointment of building in spectors. [No. 41.] AN ACT to amend sections three and four of act number two hundred and twenty-six of the session laws of eighteen hundred and seventy-nine, entitled "An act to provide for the safety of persons attending public assemblies," approved May twenty-four, eighteen hundred and seventy-nine, and to add three new sections thereto, to stand as sections five, six, and seven. SECTION 1. The People of the State of Michigan enact, That sections three and four of act two hundred and twenty-six, of the session laws of eighteen hundred and seventy-nine, entitled "An act to provide for the safety of persons attending public assemblies," approved May twenty-fourth, eighteen hundred and seventy-nine, be, and the same are hereby amended so as to read as follows: SEC. 3. It shall be the duty of the mayor, by and with consent of the common council of every city, and of the president, by and with consent of the board of trustees or village council, of every incorporated village in this State, on or before the first day of May in each year, to appoint in and for their respective cities and villages, three competent mechanics, builders or architects, to be known as the board of building inspectors of such cities and vil |