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notice of sale,

Sec. 6. The circuit court commissioner, or other officer or per- Officer selling

not to purchase. son making sale of any real estate as provided in this act, shall not directly or indirectly, purchase or be interested in the purchase of any real estate so sold by him.

Sec. 7. The circuit court commissioner, or any other officer or Fees for giving person giving notice of sale under this act, shall be allowed the following fees for posting such notice: when the notice is only required to be posted in the township or city where the sale is to take place, one dollar; when said notice is also required to be posted in the township where the property is located, two dollars, and in addition thereto ten cents a mile for traveling by the nearest traveled route.

SEC. 8. All the lawful fees allowed under this act shall be added Fees added to as costs to the amount due upon said decree final order.

Approved March 1, 1877.

decree,

amended.

[ No. 19. ] AN ACT to amend section one of chapter fifty-five of compiled

laws of eighteen hundred and seventy-one, being compiler's section one thousand nine hundred and eighty-four, relating to the observance of the first day of the week.

SECTION 1. The People of the State of Michigan enact, That sec- Section tion one of chapter fifty-five of compiled laws of eighteen hundred and seventy-one, being compiler's section one thousand nine hundred and eighty-four, be so amended as to read as follows:

(1984.) SEC. 1. No person shall keep open his shop, warehouse, or shops, etc., not workhouse, or shall do any manner of labor, business, or work, or be present at any dancing, or at any public diversion, show, or enter- week, etc. tainment, or take part in any sport, game, or play on the first day of the week. The foregoing provisions shall not apply to works of Not to apply to necessity and charity, nor to the making of mutual promises of myok charity or marriage, nor to the solemnization of marriages. And every person to marriages so offending shall be punished by fine not exceeding ten dollars for each offense.

Approved March 2, 1877.

to be kept open on first day of

[ No. 20. ] AN ACT to amend section fire thousand six hundred and fifty

four of the compiled laws of eighteen hundred and seventy-one, being section four of an act entitled “An act to provide for the appointment of a State Reporter," approved April seventeenth, eighteen hundred and seventy-one.

SECTION 1. The People of the State of Michigan enact, That Section section five thousand six hundred and fifty-four of the compiled laws of eighteen hundred and seventy-one, being section four of an act entitled “An act to provide for the appointment of a State Reporter,” approved April seventeenth, eighteen hundred and ser

amended.

Duty of State reporter.

enty-one, be and the same is hereby amended so as to read as follows:

(5654.) Sec. 4. It shall be the duty of the State Reporter to attend each session of the Supreme Court, and he shall faithfully and truly prepare all such decisions for publication, and shall report therewith a brief statement of the case, the points made by counsel therein, and the authorities cited by said counsel.

SEC. 2. This act shall take immediate effect.
Approved March 7, 1877.

Soction amoaded.

[ No. 21. ] AN ACT to amend section five of chapter two hundred and two

of the compiled laws of eighteen hundred and seventy-one, being compiler's section six thousand four hundred and forty-three, entitled “Proceedings against Garnishees."

SECTION 1. The People of the State of Michigan enact, That section five of chapter two hundred and two, being section six thousand four hundred and forty-three of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby amended so as to read as follows:

(6443.) SEC. 5. The personal service of a summons upon such garnishee shall be deemed the commencement of suit in the name of the plaintiff against such garnishee, which summons may be served in the same or adjoining county in this State, and require the appearance of such garnishee before such justice at his office in the

same or any adjoining counties of this State, and a constable or Proviso--fces for sheriff of either county may serve the same: Provided, The lawful travel, etc.

fees for travel and attendance shall be paid or tendered to such garnishee at the time of such service, and such suit may be entered on the docket as suits in other cases.

Approved March 9, 1877.

Personal service commencement of suit.

[ No. 22.] AN ACT to provide an appropriation for the benefit of the Pioneer

Society of the State of Michigan, for the years of eighteen hun

dred and seventy-seven and eighteen hundred and seventy-eight. Appropriation.

SECTION 1. The People of the State of Michigan enact, That there is hereby appropriated from the general fund for each of the years eighteen hundred and seventy-seven and eighteen hundred and ser

ty-eight, to the Pioneer Society of the State of Michigan, the sum of How expended. five hundred dollars, to be expended from time to time, whenever

needed for the purpose by said society, in collecting, embodying, arranging, and preserving in authentic form, a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary, and other materials, illustrative of the history of Michigan, to rescue from oblivion the memory of its early pioneers, to obtain and preserve

narratives of their exploits, perils, and hardy adventures; to secure facts and statements relative to the history, genius, progress or decay, of our Indian tribes; to exhibit faithfully the antiquities, and the past and present resources of Michigan, but no part of such annual appropriation shall ever be paid for service rendered by its officers to the society.

Sec. 2. The money appropriated by this act may be drawn from How drawn. the State Treasury from time to time, on the warrant of the Auditor General, based on the requisition of the proper officer of the society, subject to the requirements of law in regard to filing vouchers and accounts. Approved March 9, 1877.

made by Auditor

[No. 23. ] AN ACT to provide for the making of abstracts of lands, sold for

taxes and unredeemed, by the Auditor General. SECTION 1. The People of the State of Michigan enact, That the Abstracts to be Auditor General shall make, or cause to be made, on proper appli- General. cation, for the benefit of any county in the State, complete abstracts of all lands sold for taxes and unredeemed in such county, giving in such abstracts the date of sale, the year of the tax, amount for which sold, the name and residence of the person or persons to whom sold, and, if deeded, the name and residence of the person or persons to whom deeded; which abstracts shall, on like application, be supplemented annually thereafter; for which service the Auditor Fees General shall receive for the use and benefit of the State, from any county so applying, one cent for each description of land for each year so abstracted.

Sec. 2. Such abstracts shall be made upon application of the To be made on board of supervisors of any county, payment therefor being made board of supervi. by the county so applying.

Sec. 3. The register of deeds of each county procuring such Register of deeds abstracts shall provide the necessary book, at the expense of the county, in which he shall transcribe such tax abstracts; for which abstracts. service he shall receive from the county one-half cent for each description of land for each year transcribed ; and such register of Fees deeds shall furnish to any person applying, copies of such abstracts, upon payment of three cents for each description of land for each year so abstracted.

Approved March 9, 1877.

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to provide books
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[No. 24. ] AN ACT to amend section seven thousand four hundred and

ninety-two of the compiled laws of eighteen hundred and seventyone, the same being section one of an act entitled “An act providing for the payment of the fees of certain officers for services rendered in criminal cases," approved April second, eighteen

hundred and forty-nine. Section

SECTION 1. The People of the State of Michigan enact, That amended.

section seven thousand four hundred and ninety-two of the compiled laws of eighteen hundred and seventy-one, the same being section one of an act entitled “ An act providing for the payment of the fees of certain officers for services rendered in criminal cases," approved April two, eighteen hundred and forty-nine, be

so amended as to read as follows: Defendant's (7492.) Sec. 1. If any person accused of any crime or misdecriminal cases to meanor, and about to be tried therefor in any court of record in this be paid by people State, shall make it appear to the satisfaction of the judge presid.

ing over the court wherein such trial is to be had, by his own oath, or otherwise, that there is a material witness in his faror within the jurisdiction of the court, without whose testimony he cannot safely proceed to a trial, giving the name and place of residence of such witness, and that such accused person is poor and has not and cannot obtain the means to procure the attendance of such witness at the place of trial, the judge in his discretion may, at a time when the prosecuting officer of the county is present, make an order that a subpæna be issued from such court for such witness in his favor, and that it be served by the proper officer of the court. And it shall be the duty of such officer to serve such subpæna, and of the witness or witnesses named therein to attend the trial, and the officer serving such subpoena shall be paid therefor, and the witness therein named shall be paid for attending such trial, in the same manner as if such witness or witnesses had been subpænaed in behalf of the people.

Approved March 9, 1877.

Section amended,

[ No. 25. ] AN ACT to amend section sixteen of chapter two hundred and

thirteen of the compiled laws of eighteen hundred and seventyone, entitled “ The action of replevin."

SECTION 1. The People of the State of Michigan enact, That section sixteen of chapter two hundred and thirteen of the compiled laws of eighteen hundred and seventy-one, being compiler's section six thousand seven hundred and forty-one, be amended so as to read as follows:

(6741.) SEC. 16. Within twenty days after the service of such notice on the officer, the sureties in the bond so executed by the plaintiff shall each justify by making an affidavit that he is a free

Sureties-justif. cation by.

holder in this State, and is worth double the amount of the penalty of each bond over and above all demands and legal exemptions, or within the same time a new bond similar to that herein required before delivery to the plaintiff of the property replevied, shall be executed with new sureties, who shall justify in the same manner herein provided.

Approved March 9, 1877.

amended,

[No. 26.] AN ACT to amend section fifty-seven of chapter one hundred and

seventy-six, being section five thousand and ninety-three of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and eighty-six of the session laws of eighteen hundred and seventy-three, approved April twenty-nine, eighteen hundred and seventy-three, relative to the courts of chancery.

SECTION 1. The People of the State of Michigan enact, That Section section fifty-seven of chapter one hundred and seventy-six, being section five thousand and ninety-three of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and eighty-six of the session laws of eighteen hundred and seventy-three, approved April twenty-nine, eighteen hundred and seventy-three, relative to the courts of chancery, be amended so as to read as follows:

(5093.) SEC. 57. Either party to a cause in chancery shall have Either party may the right to an examination of all the witnesses in the case, in open nesses in open court, as in a suit at law, if within ten days after the cause is at court. issue he gives notice in writing to the opposite party of his intention to claim such right, in which case no commission shall issue, nor examination of witnesses be had before a circuit court commissioner; but the cause shall be heard in its course on the calendar by examination of witnesses in open court, unless the court, on cause shown, shall otherwise direct, as in a suit at law: Provided, Examination That if notice shall not be given at the time and in the manner before circmit aforesaid, a commission may be issued and the testimony taken be- sioner. fore a circuit court commissioner, as provided by the rules and practice of said court: And provided further, That in case any cause in chancery shall be so tried in open court, either party shall Case setting forth be entitled to make and settle a case setting forth the evidence at large, before the judge who tried the same, at such time and in such judge. manner, as said judge shall direct, or as shall be prescribed by the rules of said court. And such case being made and filed within Deemed sixty days after the entry of the final order or decree therein, the evidence. same shall be deemed to be the evidence and proceedings therein to the same extent, and with the like effect, as if the testimony had been taken before a circuit court commissioner, and the cause conducted according to the ordinary practice in chancery: And pro- Extension of vided further, That the circuit court, in which the case shall have

evidence may bo made before

time.

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