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ciation to be filed with Secretary
in commercial usages, by rules and regulations; to acquire, preserve and disseminate valuable business information; to adjust differences and settle disputes between members, or between members and others; and for other purposes conducive to the interests of members thereof.
SEC. 2. The incorporators shall sign and acknowledge before Articles of assosome person authorized to take the acknowledgment of deeds, duplicate articles of association, of which one copy shall be of State. filed and recorded in the office of the Secretary of State, and a record shall also be made of such articles in the office of the clerk of the county in which such exchange is located; and Body polític. upon the filing and recording of such articles, duly executed and acknowledged as aforesaid, the said incorporators and those who may thereafter become associated with them shall become a body politic and corporate for the purposes set forth in said articles.
SEC. 3. The articles of association shall contain:
First, The names of the persons associating in the first Name of persons instance and their places of residence;
Second, The name of such corporation, and the place where Name of corits office for the transaction of business is located, and the Porati period for which it is incorporated, not exceeding thirty years;
Third, Definitely and distinctly the purposes for which the purposes. corporation is formed;
Fourth, The number of its directors, if any, and regular Directors, offiofficers and the time and place of holding its annual meeting; ce
Fifth, The terms and conditions of membership therein. Membership.
SEC. 4. Said corporation by the name adopted by said arti- Succession and cles shall have succession and power to sue and be sued and to pou adopt and use a corporate seal which it may alter and change at nleasure; may receive and hold property and effects, real and personal, by gift, devise or purchase, and may sell, mortgage or otherwise dispose of the same; may make all needful rules, regulations and by-laws for the management of its affairs and prescribing the terms and conditions under and upon which members may be received into or expelled from said corporation, and may revise and alter the same from time to time as therein shall be provided; and may impose fines upon any of its menibers for breach of its rules, regulations or by-laws, but no fine shall exceed twenty-five dollars: Provided, That no prov corporation hereby created shall, at any one time, hold real estate. estate the value of which shall exceed one hundred thousand dollars.
SEC. 5. Said corporation may constitute and appoint com- Arbitration mittees of reference and arbitration and committees of appeals, committees, etc. who shall be governed by such rules and regulations as may be prescribed in the by-laws for the settlement and adjustment of such matters of difference as may be voluntarily submitted for arbitration by members or others.
This act is ordered to take immediate effect.
power to sue, etc.
Proviso as to reak
[ No. 29. ]
AN ACT to fix the per diem compensation of members of the
State Legislature from the Upper Peninsula for and during the session of one thousand eight hundred and ninety-one.
Compensation of SECTION 1. The People of the State of Michigan enact, of the Legisla". That in addition to the compensation, mileage, and allowance
for stationery, as fixed by law, for members representing the
Ordered to take immediate effect.
Judge to continue courta, ete,
[ No. 30. ] AN ACT to reorganize the sixteenth judicial circuit and to
create the thirty-first judicial circuit. SECTION 1. The People of the State of Michigan enact, That the county of St. Clair is hereby detached from the sixteenth judicial circuit.
SEC. 2. The county of Macomb is hereby formed into and constituted a judicial circuit to be known as the sixteenth judicial circuit.
Sec. 3. The county of St. Clair is hereby formed into and constituted a judicial circuit to be known as the thirty-first judicial circuit.
SEC. 4. The judge of the said sixteenth judicial circuit, as heretofore organized, shall continue to hold his office as circuit judge for said courty hereby detached, and shall continue to hold court therein and perform all the functions of circuit judge thereof until a circuit judge shall be appointed and shall qualify in the said thirty-first judicial circuit.
Sec. 5. Court shall be held in said counties at the time and places heretofore designated by the circuit judge of the said sixteenth judicial circuit, and the said circuit judge shall have power in said county of St. Clair to settle bills of exception, decide and determine cases submitted to him, the same as if this act had not been passed, and may issue the writ of habeas corpus, certiorari and injunction at any time in said county until the appointment and qualification of a circuit judge in said thirty-first judicial circuit.
SEC. 6. The circuit judge of the sixteenth judicial circuit, as heretofore organized, shall have power, and it is hereby made his duty in said county of St. Clair to settle bills of exception in all cases tried before him and decide and determine all cases submitted to him before the appointment and qualification of a circuit judge in the thirty-first judicial circuit.
Court to be held, etc.
Power and duty of judge of sixteenth circuit,
SEC. 7. The office of circuit judge of the thirty-first judicial Vacancy declarcircuit, hereby created, shall be vacant from the time this act , takes effect, which said vacancy shall be filled by appointment by the Governor. The person so appointed shall hold his office from the fifteenth day of May, eighteen hundred and ninetyone, until his successor is duly elected and qualified. At the Election of spring election to be held in [the year] eighteen hundred ninety- judge. two, the qualified voters of the county comprising the thirtyfirst judicial circuit shall elect a circuit judge for said circuit who shall hold his office from the third Monday in May, eighteen hundred ninety-two, until January the first, A. D. eighteen hundred ninety-four, and until his successor is elected and qualified.
SEC. 8. It shall be the duty of the sheriff of the county of Duty of sheriff, St. Clair, at least thirty days previous to the first Monday in et April, eighteen hundred and ninety-two, to notify the township clerk of each township and ward inspectors of election in each ward of any city in said county of St. Clair of said election of circuit judge, and such township clerks and ward inspectors shall post notices in the usual manner for such election in townships and wards at least fifteen days previous to the day of election.
SEC. 9. The said election for circuit judge shall be con- How election ducted and returns made as prescribed by law for the election of circuit judges for the several judicial circuits of this State, and the State board of canvassers shall, without delay, on the receipt of the certified statements of the votes given in said county of St. Clair proceed to canvass the votes and deliver to the person elected a copy of their determination or certificate of election as required by law.
SEC. 10. The person so elected in eighteen hundred ninety- To qualify withtwo, shall within ten days qualify in the manner now provided in ten das by law for the qualification of circuit judges in this State, and his successor shall be elected at the time and in the manner now provided by law for the election of circuit judges.
SEC. 11. Within ten days after the circuit judge of the said shall fix terms thirty-first judicial circuit shall have been appointed and has qualified he shall in the manner provided by law fix and determine the times for holding the several terms of court within his circuit, which appointments when so made, shall remain unalterable until the time when by law it is made the duty of circuit judges to fix and appoint the times of holding the several terms of court within their respective circuits in this State. Until the time thus fixed and appointed becomes operative the circuit court of the said thirty-first judical circuit shall be held at the times last fixed by the judge of the sixteenth judicial circuit as heretofore organized.
Sec. 12. It shall be the duty of the circuit judge of the six- Judge of sixteenth judicial circuit as hereby reorganized to aid and assist to assist, etc. the judge of the said thirty-first judicial circuit in transacting the business of the last named circuit so far as he can without detriment to the business of his own circuit until January first,
of court, etc.
May sit together. A. D. eighteen hundred ninety-four. To that end it shall be
lawful for the judges of the sixteenth and thirty-first judicial
This act is ordered to take immediate effect.
Appointment of stenographer,
May appoint deputies,
[ No. 31. ] AN ACT providing for the employment, defining the duties,
and fixing the compensation of a stenographer for the twentyeighth judicial circuit, State of Michigan.
SECTION 1. The People of the State of Michigan enact, That a stenographer for the circuit courts composing the twentyeighth judicial circuit shall be appointed by the Governor, on the nomination of the judge of said circuit. The person so appointed shall take and subscribe the official oath prescribed by the constitution which oath shall be administered by the presiding judge. He shall be an officer of the court and shall hold his office during the pleasure of the Governor: Provided, The court shall have power to suspend him for incompetency or misconduct and in case of such suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.
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 power to revoke such appointment at any time.
SEC. 3. It shall be the duty of the said stenographer to attend upon the circuit court of each of the counties composing said circuit during each term thereof respectively and to take full stenographic notes of all testimony given, and proceedings had upon the trial or hearing of cases therein. The stenographer so appointed shall receive as a compensation for such services the sum of fifteen hundred dollars per annum which said sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit. The amount to be paid by each of said counties shall be determined upon the basis of the number of suits entered and com
menced in the circuit courts for such counties respectively, the Judge to appor. preceding year; and on the first of January of each year, or as be paid by each soon thereafter as may be, it shall be the duty of the judge of
said courts to apportion the amount of such salary to be paid by each county respectively, upon the basis aforesaid, and to notify the treasurer of each county thereof; and when so notified the treasurer of each of said counties shall thereafter, until a new apportionment of salary is made, pay in monthly
installments, the annual salary of said stenographer in accordance with said apportionment and notification of said circuit judge 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 to any suit or pro- To furnish ceeding at law or in equity shall desire a transcript of the whole or a part of the testimony or proceedings in any case for the purpose of moving for a new trial, or removing it to the Supreme Court, it shall be the duty of the stenographer of the court reporting said testimony or proceedings to furnish the same, and he shall be entitled to receive therefor from the Fee therefor. party so requiring it, on delivery of said copy the sum of six cents per folio for each folio so transcribed and should said party so ordering said transcript and at the time of giving such order signify his wish for two copies or transcripts of said stenographer's notes of said testimony or proceedings, the said stenographer shall furnish the second copy for two cents a folio and the money so paid the stenographer shall be recovered as a part of the taxable costs of the party in such motion or in the Supreme Court: Provided, That in any case the court may Proviso order the stenographer to make a transcript of the testimony and proceedings in said case, such transcript shall be deemed the official record of the court: Provided further, That if the Further proviso. presiding judge shall direct a copy of the testimony and other proceedings upon any trial to be made for his own use, the stenographer shall make and file the same, without costs to either party; such copy shall be made within such time as the court shall order.
SEC. 5. Each and every issue of fact at law or in chancery Cases to be tried or heard before the court or jury, and in each chancery case in which the proofs are taken in open court, in which the stenographer shall be employed, shall be taxed the sum of three dollars, to be paid by the plaintiff or complainant, at the commencement of each trial or hearing, into the hands of the clerk, and by him paid into the county treasury of the county in which said case is tried or heard.
SEC. 6. The stenographer or assistant stenographer who Notes, etc., preshall take the 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 from office or from this State, 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 that county: Provided, Proviso. That said notes shall be a part of the record in all said cases, and shall be subject to inspection as other records in the case.
SEC. 7. In cases tried in the said courts in which said ste- Charge need not nographer shall be engaged, it shall not be necessary for the be
servation of, etc.
be in writing.