SEC. 4. It shall be the duty of the stenographer so Duty of stenogra appointed to attend upon the circuit courts for said circuit pher. at each term, under the direction of the court, and to take full stenographic notes of the testimony and other proceedings on the trial of [case] cause, at law and in chancery, and for such services he shall receive the sum of two thousand dollars per annum, which sum shall be paid in monthly installments, as hereinafter provided, out of the county treasuries of the counties composing said circuit, upon the order of the county clerks of the said counties, said clerks being hereby authorized and directed to draw such orders, and the chairman of the boards of supervisors to sign the same, and the county treasurers to pay the same upon presentation. SEC. 5. In case the counsel for either party shall desire a To furnish copy copy of the testimony given in any trial in said circuit, for of notes, etc. the purpose of moving for a new trial, preparing a bill of exceptions, or removing the case to the Supreme Court, it shall be the duty of the stenographer so appointed to furnish the same, and he shall be entitled to demand and receive therefor the sum of eight cents per folio for each folio so transcribed, and such record shall be deemed the official record of the court. And in case it shall be neces- Fees, etc. sary to procure a transcript of said stenographer's notes of the testimony and proceedings in any case at law or in chancery, in order to remove such case to the Supreme Court, and the court shall certify that the procurement of such transcript is necessary, in order to prepare the record for hearing in the Supreme Court, then the amount of the stenographer's fees may be taxed, if the appellant shall prevail in the Supreme Court, as a proper disbursement. judge copy, etc. SEC. 6. If in any cause tried before the court without a Parties to furnish jury either party shall demand a finding upon the facts, or of law, such party shall furnish to the judge, within a reasonable time, to be specified by said judge, a copy of so much and such part of the testimony, taken from the stenographer's minutes, as the judge shall require, said transcript, when so made, to be paid for at the rate per folio herein before established for transcripts, and if such party shall neglect or refuse to furnish such copy within the time specified, the party making such demand shall be deemed to have waived the same, and judgment may be entered without such finding. SEC. 7. Each and every issue of fact or law tried before what cases to be the court or jury, and each and every chancery case in taxed. which the proofs are to be taken in open court, shall be taxed three dollars, to be paid by the parties, in equal proportions, before the taking of the testimony is commenced, into the hands of the clerk of the court, and by him to be paid into the county treasury, to apply upon the payment of the salary [of] to the said stenographer hereinbefore provided, and the prevailing party shall have the amount so paid by him taxed in his costs as a proper disbursement. Salary, how paid, Assistants, etc. Full name of witness to be affixed to notes, etc. Charge of judge need not be in writing. Acts void. SEC. 8. To make up and pay the salary specified in section four of this act, the boards of supervisors of the counties composing said circuit shall annually appropriate the sum of two thousand dollars, which sum shall be appropriated by said counties according to and in proportion to the number of suits, at law and in chancery, entered and commenced in the circuit courts for such counties respectively the preceding year. And it shall be the duty of the circuit judge of said circuit, on the first day of January of each year, or as soon thereafter as may be, to apportion the amount of such salary to be paid by each county in his circuit on the basis aforesaid, and to notify the clerk of each of the several counties in said circuit of the amount so to be paid by said counties. SEC. 9. The stenographer so appointed shall have power to appoint one or more assistants, subject to the approval of the court, whose duties shall be subject to, and whose compensation shall be paid by the stenographer: Provided, That the stenographer shall have power to revoke such appointment at any time. SEC. 10. The stenographer, or assistant stenographer, who shall take the notes on the trial or hearing of any cause shall prefix to his notes of the testimony of each witness, the full name of such witness and the date the testimony was taken, which notes shall be kept in the office of the stenographer. In the event of the death or resignation or the removal from office, or from this State, of the stenographer, said notes shall be transferred to the county clerk of the county wherein the cause was tried, who shall receive and safely keep the same, subject to the direction of the circuit court for the county. SEC. 11. In cases tried in said court in which said stenographer shall be engaged, sections one and four of an act entitled "An act to declare and establish the practice in charging or instructing juries and in settling the law in cases tried in circuit courts," approved March twenty-sixth, eighteen hundred and sixty-nine, shall not apply. All acts or parts of acts contravening the provisions of this act shall be construed as void and of no effect as applied to the counties composing the eleventh judicial circuit. This act is ordered to take immediate effect. Territory de nominee county. [No. 89.] AN ACT to organize the county of Dickinson. SECTION. 1. The People of the State of Michigan enact, tached from Me That surveyed township numbered forty-one north, of range twenty-seven west, and townships numbered thirty-nine, forty and forty-one north, of range twenty-eight west, and county. townships numbered thirty-nine, forty and forty-one north of range twenty-nine west, and townships numbered thirtynine, forty and forty-one north of range thirty west, and townships numbered thirty-nine and forty north, of range thirtyone west be and the same are hereby detached from the county of Menominee; and that townships numbered forty-two and From Iron forty-three north, of ranges twenty-eight, twenty-nine and thirty west, be and the same are hereby detached from the county of Iron; and that townships numbered forty-two, From Marquette forty-three and forty-four north, of range twenty-seven county. west, and township numbered forty-four north, of ranges twenty-eight, twenty-nine and thirty west, be and the same are hereby detached from the county of Marquette, and the territory so detached from said counties of Menominee, Dickinson county Iron and Marquette is hereby organized into a county to organized, be known as the county of Dickinson. SEC. 2. The county seat of said county is hereby located County seat. at the city of Iron Mountain. be appointed by SEC. 3. All the county officers of said county of Dickin- County officers to son shall be appointed by the Governor, and, when duly the Governor. qualified, shall enter into their several offices and discharge the duties thereof on and after the first day of August, eighteen hundred and ninety-one, and hold the same until the first day of January, eighteen hundred and ninety-three, and until their successors are elected and qualified. to exercise SEC. 4. The county officers of Menominee, Iron and Present officers Marquette counties, respectively, shall exercise all the powers, etc. powers and perform all the duties now devolving upon them, in the territory taken from said counties, until the county officers of Dickinson county shall be appointed and qualified and enter upon the duties of their respective offices. etc. SEC. 5. All suits or proceedings now pending, or that of suits, taxes, may be pending on the first day of August, eighteen hundred ninety-one, before any court, in the county of Menominee, Iron or Marquette, may be prosecuted to final judgment and execution, and, after the passage of this act and prior to said first day of August, eighteen hundred ninetyone, all suits or proceedings which might heretofore have been commenced in any court in said county of Menominee, Iron or Marquette, may be commenced and prosecuted to final judgment and execution, and all taxes heretofore levied shall be collected in the same manner, as though this act had not passed. for holding cir SEC. 6. The sheriff and county clerk appointed under To provide place the provisions of this act, shall provide a place in the city cuit court. of Iron Mountain for holding the circuit court of said county of Dickinson and also suitable places in said city of Iron Mountain for the county offices, until the board of supervisors of said county of Dickinson shall provide for the same. SEC. 7. The register of deeds of said county of Dickin of deeds, etc. Duty of register son shall transcribe or cause to be transcribed, the records of deeds, mortgages and other records, from the records of other counties so far as the same relate to lands in said county of Dickinson; and said register of deeds and such other person or persons as he may designate, shall have access to the books in the offices of the [registers] register of deeds in such other counties for that purpose, and the board of supervisors of said county of Dickinson shall make provision for defraying the expenses of the same. Such transcribed records shall be taken and received in all cases and have the same legal effect as the original records. Body corporate. Judicial circuit. Settlement be SEC. 8. Said county of Dickinson is hereby created and declared a body corporate, with all the powers and duties. conferred upon or required of organized counties by the constitution and laws of this State. SEC. 9. Said county of Dickinson shall be in the twentyfifth judicial circuit. SEC. 10. The settlement between the said county of tween counties. Dickinson and the counties of Menominee, Iron and Marquette, shall be made on the basis of the equalized valuation of the respective counties. What townships attached, etc. SEC. 11. Surveyed townships numbered forty-four north, of ranges twenty-eight, twenty-nine and thirty west, are hereby attached to the township of Felch in said county of Dickinson, and townships numbered forty-two, forty-three and forty-four north, of range twenty-seven west and township numbered thirty-nine north, of range twenty-eight west, are hereby attached to the township of Breen in said county of Dickinson. Approved May 21, 1891. Section amended. [ No. 90. ] AN ACT to amend section nine of article two, of act number one hundred ninety-eight of the session laws of eighteen hundred seventy-three, being an act entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management, and to fix the duties and liabilities of all railroad and other corporations owning or operating any rail road in this State," as amended by act one hundred seventy-seven of the session laws of eighteen hundred seventy-seven, and act two hundred thirty of the public acts of eighteen hundred eighty-seven, and act two hundred two of the public acts of eighteen hundred eightynine. SECTION 1. The People of the State of Michigan enact, That section two of act number one hundred ninety-eight of the session laws of eighteen hundred seventy-three, as amended by act one hundred seventy-seven of the session laws of eighteen hundred seventy-seven, [and] act two hundred thirty of the public acts of eighteen hundred eighty-seven, and act two hundred two of the public acts of eighteen hundred eighty-nine, be and the same is hereby amended so as to read as follows: liabilities. SEC. 9. Every such corporation shall possess the general Powers and powers and be subject to the liabilities and restrictions following; that is to say: damages. First, To cause such examinations and surveys of the pro- To make surveys. posed railroad or railroad tunnel to be made as may be necessary to the selection of the most advantageous route for the road, and for such purposes by its officers, agents and servants to enter upon lands or waters of any person or company, but subject to liability for all damages which they Liability for shall do thereto: Provided, That it shall not be lawful for Proviso. any such corporation by its officers, agents or servants to enter upon the land or water of any person or company to make any such examination or survey until such corporation shall have made, executed and delivered to the judge of probate of the county where such land or water lies, a bond to be approved by him, with two sufficient sureties running to the judge of probate of said county in his official name for the use of any person interested, in the penal sum of five thousand dollars, conditioned upon the payment by such corporation of all damages sustained by any person or company on occasion of any such examination or survey. Upon the delivery of such bond to said judge of probate and its approval by him he shall file the same in his office, and when so filed it shall be deemed a public record, and may be proved in court by a certified copy thereof. Any person or company having a claim for damages, arising under this section, may bring suit upon said bond in any court of said county having jurisdiction over the amount claimed in damages; hold property, etc. Second, To receive, hold and take such voluntary grants To receive and and donations of real estate and other property as shall be made to it to aid in the construction, maintenance and accommodation of such road or railroad tunnel, but the real estate thus received by voluntary grant, shall be held and used for the purpose of such grant only; etc., lands for Third, To purchase, and by voluntary grants and dona- To purchase, tions, receive, take and by its officers, engineers, surveyors constructing and agents, enter upon, and take possession of, hold and use road, etc. all such lands and real estate, franchises, and other property, as may be necessary for the construction, maintenance and accommodation of its railroad or railroad tunnels, stations, depots and other accommodations; but the same shall not be appropriated until the compensation to be made therefor is agreed upon by the parties, or ascertained as herein prescribed, be paid to the owners, or deposited as hereinafter directed, unless the consent of such owner be given therefor |