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[No. 124. ] AN ACT to amend section seventy-six of chapter twelve of the
compiled laws of eighteen hundred and seventy-one, being compiler's section seven hundred and twelve, so that township treasurers shall not hold the office for more than two years in succession.
SECTION 1. The People of the State of Michigan enact, That Section section seventy-six of chapter twelve of the compiled laws of eighteen hundred and seventy-one, being compiler's section seven hundred and twelve, be and is hereby amended to read as follows:
(712.) SEC. 76. The township treasurer shall receive and take Duties of treascharge of all moneys belonging to the township, or which are by urer. law required to be paid into the township treasury, including all moneys
that may accrue to his township on account of non-resident highway taxes, and shall pay over and account for the same, according to the order of such township, or the officers thereof duly authorized in that behalf; and shall perform all such other duties as shall be required of him by law; but no person shall be not to hold office eligible to the office of township treasurer for more than two years years in succes in succession.
Approved May 14, 1877.
[No. 125. ] AN ACT to amend sections thirteen, fifteen, sixteen, twenty-one,
thirty-two, and thirty-three of chapter one hundred and eightynine of compiled laws of eighteen hundred and seventy-one, being compiler's sections five thousand nine hundred and eightytwo, five thousand nine hundred and eighty-four, five thousand nine hundred and eighty-five, five thousand nine hundred and ninety, six thousand and one, and six thousand and two, relative to drawing of jurors.
SECTION 1. The People of the State of Michigan enact, That Sections sections thirteen, fifteen, sixteen, twenty-one, thirty-two, and amended. thirty-three of chapter one hundred and eighty-nine of the compiled laws of eighteen hundred and seventy-one, being compiler's sections five thousand nine hundred and eighty-two, five thousand nine hundred and eighty-four, five thousand nine hundred and eighty-five, five thousand nine hundred and ninety, six thousand and one, and six thousand and two, be and the same are amended so as to read as follows:
(5982.) Sec. 13. On receiving such lists, the county clerk shall Duty of county file the same in his office, and shall write down the names contained herkion receive therein on separate pieces of paper of the same size and appearance as nearly as may be; and shall fold up each of such pieces of paper so as to conceal the names thereon, and he shall make two separate packages for each township or supervisor district in his county, one
Jury when to be
package for the names of the grand and one for the names of the petit jurors, upon each of which packages he shall endorse the name of the township or supervisor district in which the persons whose names are contained in such package reside, and also on the package containing the names of persons returned as grand jurors, the words “grand jurors ;” and on the package containing the names of the persons returned as petit jurors, the words "petit jurors ;” and he shall place in the package marked "grand jurors” all the names appearing upon the list returned as grand jurors; and in the package marked "petit jurors” all the names appearing upon the list returned as petit jurors from the township or supervisor district represented by the name endorsed upon such package, and he shall number said packages in numerical order, commencing
with number one (1). On receiving (5984.) Sec. 15. Upon receiving such new lists, the county clerk preceding year shall destroy the names placed in said packages for the preceding to be destroyed.
year and replace the same by the names contained in such new lists in the same manner as above required.
(5985.) SEC. 16. At least fourteen days before the holding of any drawn. circuit court at which such juries shall be required by law, the clerk
of the county where such court is to be held shall draw from the petit jurors the names of twenty-four persons, and any additional number that may have been ordered by the court, to serve as petit jurors; and also from the grand jurors the names of twenty-three persons to serve as grand jurors: Provided, A grand jury shall
have been ordered by the court. Drawing, how (5990.) SEC. 21. The clerk shall conduct such drawing as
First, He shall place in a box prepared for that purpose, first only the names contained in one of said packages, and he shall then shake the box so as to mix the slips of paper upon which such names were written as much as possible ;
Second, He shall publicly draw out of said box one slip of paper, and hand the same to the officer in attendance whose duty it is to keep a minute of the names drawn; when such officer shall have made a minute of the name so drawn, said clerk shall withdraw from said box all the remaining names and return them to the package from which they were taken; and thereupon he shall place in said box only the names contained in the package represented by the number next in numerical order to the one from which the last name was drawn, and shall proceed to draw therefrom one name, hand the same to the attending officer, and return the balance thereof to the package from which they were taken in the same manner as herein before provided for drawing the first name, and the said clerk shall continue drawing one name from each package in their numerical order in the manner herein before provided until the number of jurors required shall have been drawn, and the said county clerk shall keep a record of the number of the package from which the last name was drawn at each drawing, and shall at the next succeeding drawing of jurors commence to draw
from the package next in numerical order to the one from which the last name was drawn at the last preceding drawing;
Third, A minute of the drawing shall be kept by one of the attending officers, in which shall be entered the name contained on every slip of paper so drawn, before any other such slip shall be drawn;
Fourth, If, after drawing the whole number required for grand or petit jurors, the name of any person shall appear to have been drawn who is dead, or insane, or who has permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed :
Fifth, Another name shall then be drawn in place of that contained on the slip of paper so destroyed, which shall in like manner be entered in the minutes of the drawing;
Sixth, The same proceedings shall be had as often as may be necessary, until the whole number of jurors required shall have been drawn;
Seventh, The minute of the drawing shall then be signed by the clerk and the attending officers, and filed in the clerk's office;
Eighth, Separato lists of the names of the persons so drawn for petit jurors, and of those drawn for grand jurors, with their place (places] of residence, and specifying for what term of court they were drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county.
(6001.) SEC. 32. Whenever, for any cause, grand or petit jurors When court may shall not have been drawn and summoned to attend any circuit arderjarnya tubo. court, or a sufficient number of qualified jurors shall fail to appear, moned forth with, such court may, in its discretion, order a sufficient number of grand or petit jurors, or both, to be forth with drawn and summoned to attend such court: Provided, That in drawing jurors under this Proviso. section the court may, for the purpose of obtaining a jury or talesmen near the county seat, direct from which townships or supervisor districts such jurors shall be drawn.
(6002.) SEC. 33. The sheriff, on receiving a list of jurors drawn Duty of sheriffon pursuant to the preceding section, shall proceed to summon such receiving list of jurors in the manner aforesaid forth with to attend such court.
Approved May 14, 1877.
[No. 126.] AN ACT to amend section fifteen of chapter one hundred and
eighty-one of the compiled laws of eighteen hundred and serenty-one, being compiler's section five thousand six hundred and seventy-four, relating to courts, and the powers and duties of certain judicial officers.
SECTION 1. The People of the State of Michigan enact, That Section section fifteen of chapter one hundred and eighty-one of the com
Who may appoint temporary place for holding court.
piled laws of eighteen hundred and seventy-one be amended so as to read as follows:
(5674.) SEC. 15. Whenever there shall be no court-house in any county, or the court-house shall, for any cause, be unsafe, inconvenient, or unfit for the holding of any court, the board of supervisors for such county, or the judge of the circuit court of the judicial circuit in which such county is situated, may appoint some other convenient building at the seat of justice of such county as a temporary place for holding such court.
SEC. 2. This act shall take immediate effect.
[No. 127. ] AN ACT to amend section four thousand five hundred and eighty
two of the compiled laws, being section thirty-eight of chapter one hundred and sixty-three, relative to sales by executors.
SECTION 1. The People of the State of Michigan enact, That section four thousand five hundred and eighty-two of the compiled laws of eighteen hundred and seventy-one, relative to sales by
executors, be amended so as to read as follows: Guardian, when (4582.) Sec. 38. When the goods, chattels, rights, and credits to sell real estate in the hands of the guardian of any minor, any
idiot or insane person, or any person under guardianship on account of excessive drinking, gaming, idleness, or debauchery, shall be insufficient to pay all the just debts of his ward, or all expenses incurred by any county in the care, support, or maintenance of such ward, with the charges of managing his estate, the guardian may be licensed by the probate court of the county in which such guardian was appointed to sell his real estate for that purpose, in like manner and upon the same terms and conditions as are prescribed in this chapter in the case of a sale by executors or administrators, excepting in the particulars in which a different provision is hereinafter made.
Approved May 14, 1877.
[No. 128.] AN ACT to amend section one of an act entitled “An act to
authorize and empower the Board of Control of State swamp lands to make an appropriation of State swamp lands to aid in the construction of a railroad from the straits of Mackinaw to Marquette harbor, on Lake Superior," approved March twentyfirst, eighteen hundred and seventy-three, as amended by an act approved March twenty-fourth, eighteen hundred and seventyfour, and also by an act approved April fifteenth, eighteen hundred and seventy-five.
SECTION 1. The People of the State of Michigan enact, That section one of an act entitled “An act to authorize and empower
tions per mile.
the Board of Control of State swamp lands to aid in the construction of a railroad from the straits of Mackinaw to Marquette harbor on Lake Superior," approved March twenty-first, eighteen hundred and seventy-three, as amended by act approved March twentyfourth, eighteen hundred and seventy-four, and by act approved April fifteenth, eighteen hundred and seventy-five, be and the same is hereby amended so as to read as follows:
SECTION 1. The People of the State of Michigan enact, That to Board of control secure the early construction of a railroad from the straits of Mack- max make approinaw to Marquette harbor, on Lake Superior, and for the purposes swamp lande. of drainage and reclamation, the Board of Control of State swamp lands are hereby authorized and empowered, if by them deemed expedient and for the best interests of the State and of the section to be penetrated by said railroad, to appropriate not to exceed Number of sec. sixteen sections of swamp lands per mile to any railroad company that shall construct and complete such railroad in running order on When road to be or before December thirty-first, eighteen hundred and seventy-nine,
completed with like effect to all intents and purposes as though such period were embraced in the original act: Provided, however, That if, Proviso. from the financial condition of the county [country] and the present discredit of all railway investments, difficulties shall occur in raising the money for the construction of said railroad, which may delay its inception and progress, the rights of the company to the grant and privileges hereby authorized shall not be forfeited by reason of the non-completion of the road at the time specified: Provided, Proviso. The progress of the work be such at said time as to render the completion thereof assured to the satisfaction of the said Board of Control within a reasonable time thereafter, not exceeding one additional year, and the same shall be actually completed within that time. Said Board of Control of swamp lands may, in their conveyanco on discretion, award and convey to the company constructing said railroad the number of acres earned upon the completion of any twenty section of road. mile sections of said railroad : Provided further, That said sections Proviso. are completed ready for the rolling stock, and the said Board of Control shall deem the same necessary to facilitate the completion of said railroad. The Board of Control shall not appropriate the Gange of track, lands as provided in this act for the building of any road not of the ordinary Michigan gauge of track, furnished with the iron or steel rail of at least the ordinary weight on first-class railroads.
SEC. 2. This act shall take immediate effect.
The foregoing act passed the Senate and House by a vote of twothirds of all the members elect.
Approved May 14, 1877.
completion of any twenty mile