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Act repealed.

law, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation.

Approved April 2, 1891.

[ No. 23. ]

AN ACT to repeal all of act number eleven of the public acts of the year eighteen hundred and seventy-seven, entitled "An act to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals," approved February fourteenth, eighteen hundred seventy-seven.

SECTION 1. The People of the State of Michigan enact, That all of act number eleven of the public acts of the year eighteen hundred and seventy-seven, entitled "An act to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals," approved February fourteenth, eighteen hundred seventy-seven, the same being compiler's section numbers nine thousand two hundred seventy-four, nine thousand two hundred seventy-five, and nine thousand two hundred seventy-six, Howell's Annotated Statutes, page 2246, be and the same is hereby repealed. Approved April 3, 1891.

Section amended.

Which car to

[ No. 24. ]

AN ACT to amend section thirty-one of act number thirtyfive of the public acts of eighteen hundred and sixty-seven, entitled "An act to provide for the formation of street railway companies" as amended by act number one hundred and thirty-one of the public acts of one thousand eight hundred and eighty-nine.

SECTION 1. The People of the State of Michigan enact, That section thirty-one of act number thirty-five of the public acts of eighteen hundred and sixty-seven, entitled "An act for the formation of street railway companies," as amended by act number one hundred and thirty-one, of the public acts of eighteen hundred and eighty-nine, be so amended as to read as follows:

SEC. 31. At all crossings of the tracks of two street railhave precedence. ways, when a car on each road approaches such crossing at substantially the same time, the car on the track first laid shall have precedence and be entitled to the right of way: Provided, No car shall be stopped on such crossing. Approved April 10, 1891.

Proviso.

[ No. 25. ]

AN ACT making an appropriation for the use and maintenance of the University of Michigan.

SECTION 1. The People of the State of Michigan enact, Appropriation That there shall be and is hereby appropriated out of the and purposes of. State treasury, for the use and maintenance of the University of Michigan, the following sums, to wit: For the year eighteen hundred and ninety-one, ninety-three thousand eight hundred and twenty-five dollars and for the year eighteen hundred and ninety-two, ninety-one thousand two hundred dollars, for the following purposes: For repairs, for the year eighteen hundred and ninety-one, the sum of five thousand dollars, and for the year eighteen hundred and ninety-two, the sum of five thousand dollars; for the insurance of the property of the University, for the year eighteen hundred and ninety-one, the sum of two thousand dollars, and for the year eighteen hundred and ninety-two the sum of two thousand dollars; for the homeopathic college and hospital, for the year eighteen hundred and ninety-one, the sum of eight thousand and two hundred dollars, and for the year eighteen hundred and ninety-two, the sum of eight thousand and two hundred dollars; for the University hospital, for the year eighteen hundred and ninety-one, the sum of eight thousand dollars, and for the year eighteen hundred and ninety-two, the sum of eight thousand dollars; for the dental college, for the year eighteen hundred and ninetyone, the sum of twelve thousand dollars, and for the year eighteen hundred and ninety-two the sum of twelve thousand dollars; for books for [libraries] library, for the year eighteen hundred and ninety-one, the sum of seven thousand five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of seven thousand five hundred dollars; for [the] contingent expenses, for the year eighteen hundred and ninety-one, the sum of twelve thousand five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of twelve thousand five hundred dollars; for repairs on the chemical laboratory, for the year eighteen hundred and ninety-one, the sum of two thousand and six hundred and twenty-five dollars; for equipment for the engineering laboratory, for the year eighteen hundred and ninety-one, the sum of two thousand dollars, and for the year eighteen hundred and ninety-two, the sum of two thousand dollars; for equipment for the physical laboratory, for the year eighteen hundred and ninety-one, the sum of three thousand dollars, and for the year eighteen hundred and ninety-two, the sum of three thousand dollars; for the equipment of the botanical and zoological laboratories, for the year eighteen hundred and ninety-one, the sum of one thousand dollars, and for the year eighteen hundred and ninety-two, the sum of one thousand dollars; for the purchase of the site for hospitals and for the completion and equipment of the hospi

Taxed for.

tals, for the year eighteen hundred and ninety-one, the sum of twelve thousand five hundred dollars, and for the year eighteen hundred and ninety-two the sum of twelve thousand five hundred dollars; for the enlargement and alteration of the law building, for the year eighteen hundred and ninetyone, the sum of twelve thousand and five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of twelve thousand and five hundred dollars; and for the enlargement and alteration of the dental building for the use of the department of engineering, for the year eighteen hundred and ninety-one, the sum of five thousand dollars, and for the year eighteen hundred and ninety-two, the sum of five thousand dollars.

SEC. 2. There shall be assessed upon the taxable property of the State, in the year eighteen hundred and ninety-one, the sum of ninety-three thousand eight hundred and twentyfive dollars, and in the year eighteen hundred and ninetytwo, the sum of ninety-one thousand two hundred dollars, which sums shall be assessed, levied and collected in the same manner as other State taxes are assessed, levied and collected and which taxes, when collected, shall be credited up to the general fund to reimburse the same for the amount drawn therefrom, as provided in section one of this act. This act is ordered to take immediate effect. Approved April 10, 1891.

Shall hold office subject to the

provisions of this act.

[ No. 26. ]

AN ACT providing for the employment of, defining the duties, and fixing the compensation of a stenographer of the twenty-sixth judicial circuit of the State of Michigan. SECTION 1. The People of the State of Michigan enact, That from and after the passage of this act the stenographer of the circuit courts of the counties in the twenty-sixth judicial circuit shall hold his office under and subject to the proHow appointed. visions of this act. He shall be appointed by the Governor, upon the nomination of the judge of said circuit, and hold his office during good behavior: Provided, The court shall have power to suspend him for incompetency or misconduct; and in case of suspension he shall cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.

Proviso.

May appoint deputies.

Proviso.

Duty of.

SEC. 2. Said stenographer shall have the power to appoint one or more deputies, subject to the approval of the court, whose compensation shall be paid by the stenographer: Provided, The stenographer shall have the power to revoke said appointments at any time.

SEC. 3. Said stenographer shall be deemed an officer of the court, and it shall be his duty to attend said court at each term and to take full stenographic minutes of the testimony

tioned to each

and proceedings upon the trial of each issue of fact tried before the court or jury, at law or in chancery, and as a Compensation, compensation for such services he shall receive the sum of fifteen hundred dollars per annum, which sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit in the following proportion and amounts: The county of Alpena nine hundred dollars per amount apporannum; the county of Presque Isle two hundred dollars per tot annum; the county of Otsego the sum of two hundred dollars per annum, and the county of Montmorency the sum of two hundred dollars per annum; and the several county treas- How paid. urers of said counties shall pay the annual salary of said stenographer, in monthly installments in accordance with this act, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid.

SEC. 4. In case counsel for either party shall desire a Transcripts to be transcript of the testimony or proceedings contained in said furnished. stenographer's notes, it shall be the stenographer's duty to furnish the same, upon payment of such sum as may be Fee therefor. agreed upon, not exceeding seven cents per folio. And in case it shall be necessary 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 circuit judge shall so certify, then the amount of the stenographer's fees for such transcript may be taxed, if the appellant shall prevail in the Supreme Court, as a proper disbursement, and said transcript may be used by the opposite party in proposing amendments to the record.

SEC. 5. In each and every issue of fact to be tried in cases to be the several counties, there shall be taxed three dollars, to be taxed. paid by the parties to the suit in equal proportions, before the taking of testimony is commenced, into the hands of the clerk of the court, and by him to be paid into the county treasury to apply on the payment of the salary of said stenographer hereinbefore provided; and the prevailing party shall have the amount so paid by him taxed in his costs as a proper disbursement.

SEC. 6. Before entering upon the duties of his office, said oath. stenographer and his deputies shall take and subscribe the oath of office prescribed by the constitution, which oath shall be administered by the presiding judge, and shall be filed in the office of the county clerk of each of the counties in said circuit.

preservation of.

SEC. 7. The stenographer or deputy who shall take the Notes, etc., notes on the 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. And in the event of the death or resignation or his removal

Charge need not be in writing.

Certain acts void.

from office or from this State, said notes shall be transferred to the county clerk of the county where the cause was tried, who shall receive and safely keep the same subject to the direction of the circuit court for that county: Provided, That said notes shall be a part of the records in all of said cases, and shall be subject to inspection as other records.

SEC. 8. In cases tried in said courts in which said stenographer shall be engaged, it shall not be necessary for the charge of the court to be in writing, as provided by an act, entitled "An act to declare and establish the practice of charging or instructing juries, and settling the law in cases tried in the circuit courts," approved March 25, 1869.

SEC. 9. 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 in said twenty-sixth judicial circuit. This act is ordered to take immediate effect. Approved April 14, 1891.

Unlawful to

spear fish in

certain waters.

Penalty for violation.

[ No. 27. ]

AN ACT to prevent the spearing of fish in the waters of the inland lakes in the county of Livingston.

SECTION 1. The People of the State of Michigan enact, That it shall not be lawful hereafter to fish with any form of spear or spears in the waters of the inland lakes in the county of Livingston.

SEC. 2. Any person who shall be found guilty of a violation of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, together with costs of prosecution, and in default of the payment shall be confined in the county jail until such fine and costs shall have been paid but such confinement shall not exceed thirty days.

This act is ordered to take immediate effect.
Approved April 15, 1891.

Three or more

[ No. 28.]

AN ACT to provide for the organization and incorporation of builders' and builders and traders' exchanges.

SECTION 1. The People of the State of Michigan enact, may incorporate. That any number of persons, not less than three, may associate themselves together and become incorporated as a builders' or a builders and traders' exchange for the purpose of providing and regulating suitable rooms or places of meeting; to promote mechanical and industrial interests; to inculcate just and equitable principles of trade; to establish and maintain uniformity

Purpose of.

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