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[ No. 82.]

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amended,

AN ACT to amend sections one, two and three of act num

ber ninety-seven of the session laws of one thousand eight hundred and eighty-nine, entitled “An act to provide for an additional circuit judge for the seventeenth judicial circuit, and to define the powers and duties of the judges of said circuit, and to provide for the manner of conducting the business of said court,” and to add another section thereto, to stand as section seven.

SECTION 1. The People of the State of Michigan enact, Sections That sections one, two and three of act number ninetyseven of the session laws of one thousand eight hundred and eighty-nine, entitled “An act to provide for an additional circuit judge for the seventeenth judicial circuit, and to define the powers and duties of the judges of said circuit, and to provide for the manner of conducting the business of said court,” be amended so as to read as follows:

Section 1. That after the first day of June, eighteen additional hundred and eighty-nine, there shall be one additional judge. judge for the seventeenth judicial circuit, in which circuit the county of Kent is or may be situated. The two circuit judges shall have equal and co-ordinate powers and duties. One of such judges shall constitute a quorum for the trans- Quorum. action of business. The person holding the office of circuit Presiding judge. judge at the time this act takes effect, or his successor in office, shall act as presiding judge until the first day of January next succeeding the appointment of a judge under the provisions of this act, and after that, each of said judges shall act as presiding judge every alternate year; and Apportionment the presiding judge shall have power to apportion the business to be transacted as he may from time to time order and direct, and from day to day assign to and apportion the business of the court between such judges: Provided, however, That in the trial of criminal causes each judge shall preside at the alternate terms commencing with the judge on the bench at the time this act takes effect.

SEC. 2. Whenever any cause, matter or proceeding, or Judge to try, any motion, application or other business shall be assigned assigned, etc. to one of said judges, the said judge shall proceed to hear, try and dispose of the business so assigned to him with the same force and effect as if he was the only judge of said circuit, and subject to and with the power and authority conferred by all the rules of practice and by [law] applicable to circuit courts having only one judge. And thereupon said judge may proceed with the trial or hearing or other business so assigned to him in the principal court room, or in a separate room attended by the clerk or of his deputies, and by the sheriff or one of his deputies, by a stenographer and by a jury of men not engaged in

of work.

Proviso.

one

the trial of other causes, if it be a cause to be tried by a jury, and such judge, while so sitting for the transaction of business, shall have all the powers of any circuit judge sitting in any circuit court in this State, and the proceedings shall be regarded as proceedings of the circuit court had in open court and at à session of the said circuit court, and may direct talesmen to be summoned as in other cases. The said presiding judge may make rules

. from time to time in relation to the making up of the trial docket and as to the disposition of the business of the court

not inconsistent with any general laws of the State. Record of pro- SEC. 3. The record of the proceedings before each of coedings, etc.

the judges shall be entered in the journal of the court in the usual manner, the same as though the judges were sitting together and said journals may, for convenience, be kept in separate books, marked volumes one and two, and

said record shall be verified by the signature of the judge Who shall sign before whom the business is transacted. Whenever the sigtions, etc.

nature of the judge of the court shall be required to any bills of exceptions, or decrees or other evidence of proceeding or for the verification of any act, the signature of the judge before whom the proceedings were had shall be deemed sufficient. Orders and decrees in the chancery record shall be verified by the signature thereto of the judge

making such order or decree. Deputy clerk, SEC. 7. The county clerk shall, with the approval of the

judges of said court, appoint a deputy clerk to attend
upon the proceedings before the additional circuit judge
provided for by this act, and his (successors] successor in
office, and the term of office of said deputy shall expire
with the term of office of the clerk of said court.

This act is ordered to take immediate effect.
Approved May 16, 1891.

bills of excep

[ No. 83. ]

AN ACT to amend sections one, two and four of act one

hundred and sixty-three of the public acts of one thousand eight hundred and fifty-one, for the State of Michigan, being an act entitled “An act to provide for the letting to contract, furnishing of fuel and stationery for the use of the State, and also the State printing and binding, as amended by act sixty-one of the public acts of one thousand eight hundred and seventy-three, approved April firstone thousand eight hundred and seventy-three, being compiler's sections three hundred and forty-six, three hundred and forty-seven, and three hundred and forty-nine of Howell's Annotated Statutes, as amended by act number two hundred and three of the session laws

amendoc.

of one thousand eight hundred and eighty-nine of the State of Michigan. SECTION 1. The People of the State of Michigan enact, Sections That sections one, two and four of act one hundred and sixty-three of the session laws of one thousand eight hundred and fifty-one, entitled "An act to provide for the letting to contract, the furnishing of fuel and stationery for the use of the State, and also the State printing and bind. ing,” as

as amended by act sixty-one of the session laws of one thousand eight hundred and seventy-three, being compiler's sections three hundred and forty-six, three hundred and forty-seven and three hundred and forty-nine of Howell's Annotated Statutes, as amended by act number two hundred and three of the public acts of one thousand eight hundred and eighty-nine, be and

the same

are hereby amended so as to read as follows:

SECTION 1. The People of the State of Michigan enact, Secretary of That it shall be the duty of the Secretary of State during for proposals. the month of April, in the year one thousand eight hundred and ninety-one, and every second year thereafter to cause to be published in some newspaper, published at the seat of government, in one or more daily newspapers published in the city of Detroit, and in a daily newspaper printed in the city of Grand Rapids, and in the city of Saginaw, a notice specifying the time and place for receiving separate sealed proposals for furnishing fuel and stationery for the use of the State, the printing and binding the laws, journals and documents, all blanks, papers and printing for the executive and judiciary departments, and all other printing ordered by the Legislature, which said notice shall be published at least once in each week for six successive weeks before the time specified for examining, such proposals: Provided, That no such proposals shall be received Proviso. after nine o'clock in the forenoon of the second Wednesday in May; and that said proposals shall be opened on the second Wednesday in May in public, by the board of State auditors and the several contracts shall be awarded to the lowest responsible bidder or bidders, on or before the second Wednesday of June following: Provided, how- Further proviso. ever, That the board of State auditors shall have a right to reject any and all bids, and in case the said board of State auditors reject all of the bids on any article advertised for under the provisions of this section, then the said Secretary of State shall, within ten days after such decision by the said board of State auditors, re-advertise for the same length of time, in the same manner, as near as may be, for such articles for which the bids were so rejected by the said board of State auditors, and the bid shall be opened and the contract let in the same manner, as near as may be, as provided for letting contracts had the bids not been rejected, and within the same length of

Further proviso, time: Provided further, That if from any cause it shall

not be practicable for the Secretary of State to advertise as provided in this section, in the month of April, one thousand eight hundred and ninety-one, then the said Secretary of State shall have the right to advertise for such bids as soon thereafter as practicable, by giving the same notice and observing all the provisions of this section as near as

may be.

Specifications, etc.

State Auditors to examine proposals and let contracts, etc.

Proviso.

SEC. 2. Said notice shall specify the kind and quality of the articles, but under no circumstances shall the name of the manufacturer or brand be given in any advertisement or specifications of articles for which proposals are to be received. Ample security shall be required for the faithful performance of each and every contract made in pursuance of said notice.

All stationery and supplies in the nature of stationery, school and janitor's supplies, of which such a quantity can be foreseen as will last till the next contract is let, and provided they can be bought in sufficient quantities to make it an object, shall be placed under contract. Each bidder for stationery shall furnish at the time of putting in his bid samples of the articles asked for, corresponding with his bid, said samples to be marked with the item, number and price, and no bid shall be entertained for items on which no samples are furnished.

SEC. 4. At the time and place certified in said notice, it shall be the duty of the board of State auditors to meet and then and there proceed to open and examine all proposals received by the Secretary of State, pursuant to such notice: Provided, That no bid shall be entertained unless accompanied by a guarantee bond, in such amount as said board of State auditors shall require, conditioned that the bidders will enter into the contract if awarded them. The board of State auditors shall properly prepare a schedule of all bids, and examine and compare the samples for stationery separately, and immediately enter into written contracts to commence on the first day of July, one thousand eight hundred and ninety-one, with the person or per

whose propositions are the lowest, and who shall execute bonds to the people of the State of Michigan, jointly and severally, with good and sufficient sureties, in such penal sums as the board of State auditors shall require for the faithful performance of said contract, and stipulating that in case of the failure of the bidders to perform their contract, such bondsmen shall pay the difference, if any, between the amount of the bid made by the contractor and the price of such goods in open market. Failure upon the part of any contractor to furnish goods within a reasonable time, complying with contract sample, shall, in the discretion of the board, work a forfeiture of said contract, and the board may purchase such goods in open market, charging any increase of the cost thereof to said contractor, and may call upon the bondsmen to pay said amount upon the

sons

a

failure of the contractor so to do: Provided further, That Further proviso,
where contract is let for any article now furnished under
contract, which contract will not expire until January first,
one thousand eight hundred and ninety-two, then the con-
tract shall provide that for such items or articles it shall
commence on the first of January, one thousand eight
hundred and ninety-two, and extend until the first day of July,
one thousand eight hundred and ninety-three: Provided, Idem,
further, That the contracts for printing and binding to be
let in one thousand eight hundred and ninety-one, shall be
for a period commencing January first, one thousand eight
hundred and ninety-two and continuing until July first, one
thousand eight hundred and ninety-four.

This act is ordered to take immediate effect.
Approved, May 16, 1891.

[ No. 84. ] AN ACT to amend chapter ten of act number one hundred

and sixty-four of the public acts of eighteen hundred and eighty-one, approved May twenty-first, eighteen hundred and eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act,” as amended by act number fifty-three of the public acts of eighteen hundred and eighty-three, by adding thereto a new section, to stand as section number six.

amended,

SECTION 1. The People of the State of Michigan enact, Chapter That chapter ten of act number one hundred and sixty-four of the public acts of eighteen hundred and eighty-one, approved May twenty-first, eighteen hundred and eightyone, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act” as amended by act number fifty-three of the public acts of eighteen hundred and eighty-three, be and is hereby amended by adding thereto a new section, to stand as section number six, said section to read as follows:

SEC. 6. Whenever the trustees of any organized graded Duty of trustees school district shall be presented twenty days before the annual meeting thereof with a petition signed by ten electors of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts the said trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said

in certain cases, etc.

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