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Deed of sale.
[No. 129.] AN ACT to amend act number one hundred and fifty-two of the
session laws of eighteen hundred and seventy-five, approved April twenty-nine, eighteen hundred and seventy-five, and also to amend sections ten, eleven, and twelve of chapter two hundred and eighteen, being sections six thousand nine hundred and twenty-one, six thousand nine hundred and twenty-two, and six thousand nine hundred and twenty-three of the compiled laws of eighteen hundred and seventy-one, relative to foreclosure by advertisement.
SECTION 1. The People of the State of Michigan enact, That act number one bundred and fifty-two of the session laws of eighteen hundred and seventy-five, approved April twenty-ninth, eighteen hundred and seventy-five, and also sections ten, eleven, and twelve of chapter two hundred and eighteen, being sections six thousand nine hundred and twenty-one, six thousand nine hundred and twenty-two, and six thousand nine hundred and twenty-three of the compiled laws of eighteen hundred and seventy-one, relative to foreclosure by advertisement, be and the same is hereby amended so as to read as follows:
(6920.) Sec. 9. The officer or person making the sale shall forthwith execute, acknowledge, and deliver to each purchaser a deed of the premises bid off by him; and if the lands are situated in several counties, he shall make separate deeds of the lands in each county, and specify therein the precise amounts for which each parcel of land therein described was sold. And he shall endorse upon each deed the time when the same will become operative in
case the premises are not redeemed according to law. Such deed Deposit of deed or deeds shall, as soon as practicable, and within twenty days after
such sale, be deposited with the register of deeds of the county in which the land therein described is situated, and the register shall endorse thereon the time the same was received, and for the better preservation thereof, shall record the same at length in a book to be provided in his office for that purpose, and shall index the same in the regular index of deeds; and the fee for recording the same shall be included among the other costs and expenses allowed by law. In case such premises shall be redeemed, the register of deeds shall, at the time of destroying such deed, as provided in section twelve of this chapter, write on the face of such record the word “Redeemed,” stating at what date such entry is made, and signing
such entry with his official signature. Effect of deed if (6921.) Sec. 10. Unless the premises described in such deed
not shall be redeemed within the time limited for such redemption, as
hereinafter provided, such deed shall thereupon become operative, and shall vest in the grantee therein named, his heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter, except as to any parcel or parcels which may have been redeemed and cancelled, as hereinafter provided ; and the record thereof shall thereafter, for all purposes, be deemed a valid record of said deed
tuated doods treniy Suchire in
Entry when premises are redeemed.
premises are not redeemed
without being re-recorded; but no person having any valid subsisting lien upon the mortgaged premises, or any part thereof, created before the lien of sạch mortgage took cffect, shall be prejudiced by any such sale, nor shall his rights or interests be in any way affected thereby.
(6922.) SEC. 11. If the mortgagor, his heirs, executors, admin- How land istrators, or any person lawfully claiming from or under him or redeem them, shall, within one year from the time of such sale, redeem the entire premises sold, by paying to the purchaser, his executors, administrators, or assigns, or to the register of deeds in whose office such deed is deposited, for the benefit of such purchaser, the sum which was bid therefor, with interest from the time of the sale at the rate per cent borne by the mortgage, not exceeding ten per cent per annum, and in case such payment is made to the register of deeds, the sum of one dollar as a fee for the care and custody of such redemption money, then such deed shall be void and of no effect; but in case any distinct lot or parcel separately sold shall be Redemption of redeemed, leaving a portion of the premises unredeemed, then such par deed shall be inoperative merely to the parcel or parcels so redeemed, and to those portions not so redeemed shall remain valid and of full effect.
(6923.) SEC. 12. Upon the payment of the entire sum bid at Proceedings upon such sale, and interest thereon, and the fee of one dollar mentioned Fedemption. in the preceding section, as aforesaid, to the register in whose office the deed therefor shall have been deposited, or upon delivering to such register a certificate, signed and acknowledged by the person entitled to receive the same, and certified by some officer authorized to take the acknowledgment of deeds, setting forth that such sum, with interest, has been paid to such person, and upon paying to such register a fee of twenty-five cents, such register shall thereupon destroy such deed, and shall enter in the margin of the record of such mortgage a memorandum that such mortgage is satisfied; or, in case the premises shall have been sold in parcels, and one or more of said parcels shall have been redeemed, as hereinbefore provided, it shall then be the duty of the register to enter upon the face of said sheriff's deed, and the record thereof, a memorandum that the same is inoperative as to the parcel or parcels so redeemed, and to enter in the margin of the record of such mortgage a memorandum that the same is satisfied as to the parcel or parcels so redeemed.
Approved May 14, 1877
[ No. 130.) AN ACT to amend sections four thousand eight hundred and
twenty-two and four thousand eight hundred and thirty of the compiled laws, being sections thirteen and twenty-one, of chapter one hundred and seventy-two, relative to guardians and wards.
SECTION 1. The People of the State of Michigan enact, That Sections sections four thousand eight hundred and twenty-two and four amend
guardian of in. sane and incom. petent persons.
in cement of the mentally incwho, by reas
thousand eight hundred and thirty of the compiled laws of eighteen hundred and seventy-one, relative to guardians and wards, be
amended so as to read as follows: Application for (4822.) SEC. 13. When the relations or friends of any insane
m. person, or of any person who, by reason of extreme old age or
other cause, is mentally incompetent to have the charge and management of his property, or in case such insane or mentally incompetent person is a charge upon any county, when the directors of the poor of said county shall apply to the judge of probate to have a guardian appointed for him, the judge shall cause a notice to be given to the supposed insane or inconi petent person, of the time and place of hearing the case, not less than fourteen days
before the time so appointed. Guardian to pay (4830.) SEC. 21. Every guardian appointed under the provisions debts of ward out
of this chapter, whether for a minor or any other person, shall pay all just debts due from the ward and ail expenses incurred by any county, in the care, support or maintenance of such ward, upon the approval of the judge of probate, out of his personal estate, and the income of his real estate, if sufficient, and if not, then out of his real estate, upon obtaining license for the sale thereof, and disposing of the same in the manner provided by law.
Approved May 14, 1877.
of his estate.
[No. 131.] AN ACT to authorize the Board of Control of State Swamp Lands
to make an appropriation to repair, preserve, and reconstruct a
part of the Cass River and Bay City State Road. Board of control SECTION 1. The People of the State of Michigan enact, That the make appropri. State Board of Control of State Swamp Lands are hereby author
ized to appropriate so many acres of State swamp lands in the Lower Peninsula, not exceeding fifteen thousand acres, as they may deem proper after a full investigation of its merits, to aid in repairing or rebuilding that part of the Cass River and Bay City State Road which is situated on section twenty-five in township fourteen north, of range six east, in Bay county, and on sections twentynine and thirty in township fourteen north, of range seven east, in Tuscola county: Provided, That such repairs or reconstruction shall be done in pursuance of the provisions of law in relation to
the construction of swamp land State roads : And provided further, Proviso—change That the said board may authorize the change of the route of said
road through the aforesaid sections if, in their judgment, it shall appear to be for the interest of the State to do so.
SEC. 2. This act shall take immediate effect.
The foregoing act passed the Senate and House by a vote of two-thirds of all the members elect.
Approved May 14, 1877.
of route author. izod.
of Control con.
[No. 132.] AN ACT to ratify and confirm the action of the Board of Control
of Railroads of the State of Michigan, and of the Governor of the State of Michigan, in disposing of and conveying certain lands for railroad purposes.
SECTION 1. The People of the State of Michigan enact, That the action of Board action of the Board of Control of Railroads on the first day of ferring Tand: May, 1873, in conferring upon the Port Huron and Lake Michigan ratified and con. railroad company certain lands, granted by the Congress of the United States to the State of Michigan June 3d, 1856, to aid in the construction of à railroad from Grand Haven and Pere Marquette to Flint, and thence to Port Huron, is hereby ratified and confirmed, with like force and effect as if said board had, at the time of its said action, due and full authority in that behalf : Pro- Proviso. vided, however, That nothing in this act shall impair or effect any valid right or interest heretofore acquired by any individual or corporation in said lands or any part thereof.
Sec. 2. The action of the Governor of this State in conveying Action of Gov. said lands to the Port Huron and Lake Michigan railroad company, lands ratifed and on the (30th) thirtieth day of May, eighteen hundred and seventy-confirmed. three, in pursuance of the act of said Board of Control of Rail. roads, is hereby ratified and confirmed, and said conveyance shall be deemed to be of full force and effect from the date thereof.
Sec. 3. This act shall take immediate effect.
Passed the Senate by a vote of two-thirds of all the Senators elect.
Passed the House by a vote of two-thirds of all the members elect.
Approved May 14, 1877.
[ No. 133.] AN ACT providing for the employment, defining the duties, and
fixing the compensation of a Stenographer for the Circuit Court for the county of Kent, State of Michigan.
SECTION 1. The People of the State of Michigan enact, That How appointed. a stenographer for the circuit court for the county of Kent shall be appointed by the Governor, on the certificate of the judge. of said court, that the business of said court is such as to render the employment of a stenographer desirable.
SEC. 2. The person so appointed shall hold the position during the Term of office. pleasure of the Governor, provided the court shall have the power to suspend him for 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. If such suspension shall not be rescinded within thirty days after the order, the office shall be deemed vacant, and it shall thereupon be the duty of the
employment of a business of Batide certificatcounty of Kents That Hon pleasure of the person serapher desirabzt is such the judges of all!
Fees for trans.
Governor on receiving notice of such vacancy from the presiding
judge, to fill the same by appointment. Death or resig. SEC. 3. In case of the death or resignation of the stenographer
or his inability to serve from any cause, the Governor shall appoint a successor to the office on receiving notice of such from the presiding judge; but in case of sickness or temporary absence of the stenographer, the judge may appoint some competent person to
act in his absence. Duty of stenog. Sec. 4. It shall be the duty of the stenographer so appointed to
attend upon the court at each term, under the direction of the court, and to take full phonographic notes of the testimony and other proceedings in the trial of cases, and in case the counsel for
either party shall desire a transcript of the testimony or proceedings, cripts.
it shall be the duty of the stenographer so appointed to furnish the same, and he shall be entitled to receive therefor from the party so requiring it, the sum of ten cents per folio for each folio so transcribed, and such record shall be deemed the official record of the court: Provided, That if the judge shall desire a copy of the testimony and other proceedings upon any trial, the stenographer shall make and file the same.
Sec. 5. The stenographer so appointed shall receive as a compensation for such services, the sum of fifteen hundred dollars per annum, which sum shall be paid in monthly installments out of the county treasury, upon the order of the clerk of said court; said clerk being hereby authorized and directed to draw such orders and
the county treasurer to pay the same upon presentation. Power to appoint Sec. 6. The stenographer so appointed shall have the power to
appoint an assistant, subject to the approval of the court, whose duties shall be subject to, and whose compensation shall be paid by the stenographer: Provided, The stenographer shall have the
power to revoke such appointment at any time. Annualappropri. SEC. 7. To make up and pay the salary specified in section five supervisore.
of this act, the board of supervisors shall annually appropriate the sum of fifteen hundred dollars for such purpose: Provided, That the sum already appropriated for such purpose, for the year eighteen hundred and seventy-seven, shall be applied on the payment of
such salary for the year eighteen hundred and seventy-seven. Amount taxed in SEC. 8. Each and every issue of fact tried before the court or
edo jury, shall be taxed three dollars; the same to be paid by the par
ties 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 upon 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 proper disbursements. Official oath. SEC. 9. Before entering upon the duties of his office, such sten.
ographer shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge.
SEC. 10. In cases tried in the circuit court, in which such sten
ation by board of
each cause tried.