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To furnish copies of notes to parties of record.
name of witness
tried or heard, for the use of the court and the parties to
said cause, and such copy shall be made and filed within Compensation such time as the court shall order. The court may, in any for copying, etc.
case where he deems it proper, and where the notes to be copied exceed five hundred folios allow the stenographer as compensation for such copying excess, such sum, not exceeding five cents per folio, as he deems proper, to be paid in criminal cases, when the court shall order, by the county treasurer of the county in which such case was heard or tried, upon the certificate of the judge that such copy has been filed pursuant to such order, and in civil cases by the party or parties desiring the same, to be taxed as costs to the prevailing party.
SEC. 6. It shall be the duty of said stenographer to furnish, without delay, copies of the notes taken by him in any cause in legible English, to any party of record who may request the same, for such sum as may be agreed upon, not
to exceed six cents per folio. To prefix full SEC. 7. The stenographer who shall take the notes on the to testimony,
trial or hearing in any case shall prefix to his notes of the testimony of each witness the full name of said witness and the date the testimony was taken, and at the conclusion of the trial of said cause he shall securely attach together all of his notes taken in said cause and properly entitle them upon the outside, and safely keep the same in his office. In the event of the death or resignation or his removal from office, or from this State, of the stenographer, said notes shall be transferred to the county clerk of the county where the case was tried, who shall receive and safely keep the same subject to the direction of the circuit court for the county: Provided, That said notes shall be subject to
inspection as other records in said cause. Charge of judge SEC. 8. In cases tried in the circuit court of said judicial need not be in circuit in which such stenographer shall be engaged, sec
tions 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 the circuit court,” being act number sixty-seven of the public acts of one thousand eight hundred and sixty-nine, approved March twenty-six,
eighteen hundred and sixty-nine, shall not apply. Repealing SEC. 9. All acts or parts of acts contravening the provisclause.
ions hereof, in force at the time of the passage of this act,
This act is ordered to take immediate effect.
[ No. 112. ]
AN ACT to amend section ten of chapter one hundred fifty
of the compiled laws of one thousand eight hundred sev. enty-one, being compiler's section five thousand six hundred sixty of Howell's Annotated Statutes, relative to deeds and conveyances. Section 1. The People of the State of Michigan enact, Section That section ten of chapter one hundred fifty of the compiled laws of one thousand eight hundred seventy-one, being compiler's section five thousand six hundred sixty of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows:
(8 5660.) SEC. 10. In the cases provided for in the last How acknowlpreceding section, unless the acknowledgment be taken before ticatod. a commissioner appointed by the Governor of this State for that purpose, a judge of a court of record whose certificate has attached the seal of such court, or before a notary public, who certifies thereto under his seal of office, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record of the county or district, or of the Secretary of State of the state or territory within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such person to such certificate of acknowledgment to be genuine, and that the deed is executed and acknowledged according to [ the ] laws of such state, territory or district. Whenever any deed or other instrument affecting the title to land, executed, acknowledged and authenticated in accordance with this section and the last preceding section, has been heretofore recorded in the proper county, such record, or a certified transcript thereof, shall be prima facie evidence of the due execution of such instrument, to the same extent as if it had been authenticated as required by the statute in force at the time such instrument was recorded.
Approved May 29, 1891.
[ No. 113. ]
AN ACT to provide for actions of ejectment, and for suits
in equity to quiet title to real estate, against private business corporations whose term of existence has expired, and providing for substituted service upon such corporations therein.
SECTION 1. The People of the State of Michigan enact, who may bring That, notwithstanding the expiration of the term of private
of proof, etc,
corporations organized for the conduct of business of any kind under the laws of this State, any one having such an interest in any land owned by such corporation while in existence, and which was not aliened by such corporation or divested from it by due process of law, as would entitle him to bring ejectment therefor, or to maintain a suit to quiet title thereto, may bring an action of ejectment for the recovery of the same, or file a bill in equity to quiet title thereto, in the county or counties
counties where such land lies. Of declaration. The declaration shall be against such corporation by its
corporate name and against any occupant or occupants of such land as defendants, and the bill shall be against such corporation by its corporate name as defendant, and shall recite that the term of existence of the corporation defendant has expired; and the plaintiff or complainant, on filing such declaration and entering a rule to plead, or on filing such bill, as the case may be, may, on proof by affidavit made by himself or some one on his behalf, filed with the clerk of the court, setting forth the name of such corporation while in existence, the purpose of its organization, the statute of this State under which it was organized, and that its term of existence and the time in addition thereto during
which it might by law be permitted to sue or be sued has Order of court, expired, have an order from the court in which the action
or suit is brought, or from the judge thereof, for the appearance of such corporation defendant at some future
day not less than three nor more than six months from To be published. the date thereof. Such order shall be published within
twenty days from the date thereof once a week for six successive weeks in some newspaper published in such county, if one be published therein, and if not, in some other newspaper in an adjoining county, the newspaper to be designated in either case in the order. Thereupon and after the expiration of the time designated in such order for the appearance of the corporation defendant, if there shall be no appearance of any person or persons entitled to appear therein as hereinafter mentioned, the default of such defendant for want of plea may be entered, or, as the case may be,
an order entered taking the bill as confessed against such Who may defend defendant. Within the time fixed by such order, any person action,
or persons who were stockholders of such corporation while it subsisted, and who still retain their rights in the property in question by virtue of having owned stock therein, and any creditor or creditors of such corporation whose claims are subsisting and not barred by limitation of time, may appear and defend such action or suit as fully as such corporation could have done while subsisting: Provided, That all persons so appearing shall, before being admitted to plead to the declaration or bill of complaint, show to the
satisfaction of the court or judge, by affidavit, their right to Further proviso, appear: And provided further, That such right may
drawn in question by the plaintiff or complainant on the
When bill may be taken as confessed.
trial or hearing of the cause, notwithstanding such previous showing. All persons so appearing shall plead together and in the name of the corporation. Such publication shall be full and complete service upon such corporation and upon all persons, natural or artificial, interested in said land because of having been stockholders in the corporation while subsisting, or creditors thereof. All persons so appearing and defending or seeking to defend shall be liable for costs in the action or suit as fully as such corporation would be if defending, and judgment or decree for costs may be had against them.
SEC. 2. The verdict and judgment in such ejectment and the Of verdict, etc. decree in such suit shall be against the corporation in the corporate name and shall be binding upon it and upon all persons claiming said land by virtue of their stock in or demands upon the same, and shall be conclusive against such corporation and such persons, subject only to such exceptions as are or may be provided by general statute in other cases of ejectment or of suit to quiet title. Any or judgment. judgment or decree in favor of the defendant corporation shall enure
to the benefit of the persons entitled to the property in dispute. The plaintiff in such ejectment shall shall not be for have judgment against such corporation defendant neither money damages, for money damages of any kind nor for costs of suit subject to the discretion of the court, nor shall he be entitled to file against it a suggestion of damages in continuation of such judgment; and the complainant shall have a decree against such corporation only for a release to the complainant of all claim to the land in dispute.
Approved May 29, 1891.
[ No. 114. ]
AN ACT making appropriations for the current expenses of
the State Normal School for the years one thousand eight hundred and ninety-one and one thousand eight hundred and ninety-two.
SECTION 1. The People of the State of Michigan enact, appropriation. That the State Treasurer shall transfer from the general fund to the Normal School interest fund the sum of fortyfive thousand two hundred and sixty dollars for the year one thousand eight hundred and ninety-one and the sum of forty-six thousand two hundred and sixty dollars for the year one thousand eight hundred and ninety-two, which sums are hereby appropriated for the current expenses of the State Normal School for the years above named, and shall be drawn from the treasury on the presentation of properly certified requisitions of the State Board of Education to the Auditor General, and on his warrant to the State
Treasurer: Provided, That the sum of fifteen hundred dollars of said amount shall be used annually for the Normal School library, and for no other purpose.
SEC. 2. The Auditor General shall incorporate in the State tax for the year one thousand eight hundred and ninety-one the sum of forty-five thousand two hundred and sixty dollars, and in the State tax for the year one thousand eight hundred and ninety-two the sum of forty-six thousand two hundred and sixty dollars, which tax when collected shall be credited to the general fund to reimburse the same for the sums to be drawn therefrom, as provided in section one of this act.
This act is ordered to take immediate effect.
[ No. 115. ] AN ACT conferring upon cities and villages in this State
the power to construct, acquire by purchase, operate and maintain works for the purpose of supplying such cities and villages and the inhabitants thereof with gas, electric
and other lights. Authority to ac- SECTION 1. The People of the State of Michigan enact, quire gas, elec- That it shall be lawful for any city or incorporated village tric, etc., light works, etc. in this State to acquire by purchase, or to construct, operate
and maintain works for the purpose of supplying such city or village and the inhabitants thereof with gas, electric and other lights, at such times and on such terms, and conditions as the common council of any such city or the board of trustees
of any such village shall direct. Power of council, SEC. 2. Whenever the common council of any city or trustees, etc.
the board of trustees of any village shall, by resolution, declare that it is expedient for such city or village to acquire by purchase or to construct, as the case may be, works for the purpose of supplying such city or village and the inhabitants thereof with gas, electric or other lights, then such common council or board of trustees shall have power to take such action as shall be deemed expedient to accomplish such purpose: Provided, Such action shall be governed by the provisions of act number five of the session laws of one thousand eight hundred and seventy, approved August fourth, one thousand eight hundred and seventy, as amended, entitled "An act to authorize the introduction of water into and the construction or purchase of hydraulic works in the cities and villages in the State of Michigan," being sections three thousand ninety to three thousand one hundred nine of Howell's Annotated Statutes, and all the provisions of that act so far as the same shall be material shall apply to and have full force and opera