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on amendment to
vassed, certified, and recorded, and certified copies of the statement thereof shall be made and transmitted by the several county clerks to the Governor, Secretary of State, and State Treasurer, within the same time and in the same manner as the votes for State officers are by law required to be taken and canvassed, and the statements thereof to be certified, recorded, and transmitted. But when any proposed amendment shall be submitted to the people at a spring election the county canvass thereof shall be on the second Tuesday succeeding such election.
(107.) Sec. 76. For the purpose of canvassing and ascertaining Canvass of votes the result of the vote upon any proposed amendment to the consti- constitution and tution, or approval of any banking law, or amendment thereof, the banking law. Secretary of State shall appoint a meeting of the State Board of State Canvassers, to be held at his office, on or before the twentieth day of the month next after such election ; at which meeting the said Secretary shall lay before the board the statement received by him of the votes given in the several counties for or against such amendment to the constitution, or for and against the approval of such banking law, or amendment thereof, as the case may be.
Sec. 2. This act shall take immediate effect.
[No. 81.] AN ACT to amend act number one hundred and twenty-three of
the session laws of cighteen hundred and seventy-three, the same being an act to amend act number one hundred and fifty-four of the session laws of eighteen hundred and seventy-one, entitled “An act to authorize proceedings by garnishment in the circuit courts and in the district court of the Upper Peniusula,” approved March sixteenth, eighteen hundred and sixty-one, being section sixty-four hundred and sixty-five of the compiled laws of eighteen hundred and seventy-one. SECTION 1, The People of the State of Michigan enact, That Section section one of act number one hundred and twenty-three of the amended session laws of eighteen hundred and seventy-three, as amendatory of section six thousand four hundred and sixty-five of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby so amended as to read as follows:
SEC. 1. That in all personal actions arising upon contract, judg- In what case writ ment, or decrec, brought in the several circuit courts or municipal of courts of civil jurisdiction, whether commenced by summons, capias, declaration, or writ of attachment, and in all cases where there remains any sum unpaid upon any judgment or decree rendered in any of the several courts hereinbefore mentioned, if the plaintiff, his agent or attorney, shall file with the clerk of the court at the time of or after the commencement of suit, or at any time after the rendition of such judgment or decree, an affidavit stating that he has good reason to believe and does believe that any person (naming
of garnishment may issue.
bim) has property, money, goods, chattels, credits, or effects in his hands or under his control belonging to the defendant, or that such person is indebted to the defendant, whether sach indebtedness be due or not; and that the defendant, naming him, is justly indebted to the plaintiff on such contract, judgment, or decree, in a given amount over and above all legal set-offs, and that the plaintiff is justly apprehensive of the loss of the same unless a writ of garnishment issue to the aforesaid persou, which said writ shall be issued, sealed, and tested in the same manner as writs of summons, and
directed to the sheriff, reciting the commencement of [said suit Service of writ. against the principal defendant, and the filing of the affidarit
aforesaid, and thereupon commanding said sheriff to warn and summon such person to appear before said court on a day named, not less than fourteen days from the date of issuing the same, to
make disclosure in writing, under his oath, to be filed with the Garnishee to dis- clerk of said court, touching his liability as garnishee of the prin
cipal defendant, naming him, as charged in said affidavit, and thenceforth to pay no money and deliver no property to the principal defendant, and of said writ to make due return.
Approved April 28, 1871.
[No. 82.] AN ACT to amend compiler's section seven thousand eight hun
dred and seventy-seven in chapter two hundred and fifty-nine of the compiled laws of eighteen hundred and seventy-one, relative to bail in criminal cases.
SECTION 1. The People of the State of Michigan enact, That section seven thousand eight hundred and seventy-seven of the compiled laws of eighteen hundred and seventy-one, be and the same
is hereby amended so as to read as follows: When sureties (7877.) Sec. 1. In all criminal cases where any person or persons
ompelcive hare entered into any recognizance for the personal appearance of new sureties or another, and such bail and surety shall afterwards believe that his be committed.
principal to give
principal intends to abscond, or has absconded, such bail or surety, on application to any justice of the peace in the county in which the recognizance is taken, or in which such principal resides, and, producing evidence of his being bail or surety, and verifying the reason of his application by oath or otherwise, it shall be the duty of such justice forth with to grant a mittimus, directed to the sheriff, his deputy, or constable, or other person of the county in which such application shall be made, commanding such officer or other person forth with to arrest such principal, if he is to be found within this State, and bring him before such justice, that other and sufficient security may be taken, and, in failure so to do, commit him to the keeper of the common jail in said county, who is hereby authorized to receive such principal and retain him in jail until he is discharged by a due course of law. And whenever the prosecuting attorney of any county shall become satisfied that any person who
may compel the
has been recognized to appear for trial has absconded, or is about When prosecuto abscond, and that his sureties, or either of them, have become thing atro worthless, or are about to dispose or have disposed of their property giving of new for the purpose of evading the payment or the obligation of such bond or recognizance, or with intent to defraud their creditors, and such prosecuting attorney shall make a satisfactory showing to this effect to the circuit court of the county, or the judge thereof, such court or judge shall forthwith grant a mittimus to the sheriff or any constable of said county, commanding him forth with to arrest the person so recognized and bring him before the officer issuing such mittimus, and on the return of said mittimus, may, after a full hearing on the merits, order him to be recommitted to the county jail until such time as he shall give additional and satisfactory sureties, or be otherwise discharged according to law.
Approved April 28, 1877.
[No. 83.] AN ACT to amend an act entitled “ An act relative to laying out,
altering, and discontinuing highways,” being chapter twenty-six of the compiled laws of eighteen hundred and seventy-one, by adding thereto a new section to stand as section twenty-one.
SECTION 1. The People of the State of Michigan enact, That Section added. au act entitled “An act relative to laying out, altering and discontinuing highways," being chapter twenty-six of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby amended by adding thereto a new section to stand as section twentyone, and to read as follows:
SEC. 21. In laying out, altering or discontinuing any public When highway highway, under the provisions of this act, where the same crosses duty of railroad any railroad, the same proceedings shall be had as provided in this company. act for laying out, altering or discontinuing highways, and when so laid out as aforesaid, the company operating such railroad shall be and is hereby required to construct and maintain at such crossing, cattle-guards, fences, and other protections suitable and sufficient to prevent cattle and other animals from getting on such railroad, until such cattle guards, fences, and other protections shall be duly made; such company shall be liable for all damages done to cattle or other animals thereon, resulting from the neglect of such coinpany to comply with the requirements aforesaid.
Approved April 28, 1877.
crosses railroad, Sections amended.
Ages of those committed.
[No. 84. ] AN ACT to amend sections ten (10) and twelve (12) of chapter
two hundred and sixty-eight (268), compiled laws of eighteen hundred and seventy-one, being compiler's sections eight thousand one hundred and thirty-five (8135) and eight thousand one hundred and thirty-seven (8137), relative to the State Reform School.
SECTION 1. The People of the State of Michigan enact, That sections ten (10) and twelve (12) of chapter two hundred and sixtyeight of the compiled laws of eighteen hundred and seventy-one, be amended so as to read as follows:
(8135.) SEC. 10. Every male person under the age of sixteen years, and over the age of ten years, who shall be convicted before any court or magistrate of competent jurisdiction, for any offense punishable by law, by fine or imprisonment, or both, and who, in
the opinion of the court or magistrate, would be a fit subject for Certain offenders commitment to the reform school, except in cases of offenses pun
ishable by law by imprisonment for life, may be sentenced by such court or magistrate to the reform school until he shall reach the age
of eighteen years, or until discharged by law, and such court or Certificate of magistrate shall certify to the superintendent of said reform school age, etc.
the age of all persons so committed, as near as can be ascertained,
with cause of commitment, embracing all important facts conProviso-appro. nected therewith: Provided, That all judgmeuts and commitments, val of commit- rendered and made under this act, by police courts and justices of circuit or probate the peace, shall upon a reviewal by the proper circuit or probate judge.
judge, of the proceedings and testimony taken or had on the trial, be approved ; and that if such sentence be disapproved, such police court or justice is hereby authorized to pass sentence as in other
cases provided by law. Term of commit
(8137.) SEC. 12. Each and every boy under the age of sixteen years who shall be legally committed to said school as provided in the foregoing section, shall be kept disciplined, instructed, employed, and governed, under the direction of the board of control of said school, until he either be reformed and discharged or until he
shall have arrived at the age of eighteen years, and it shall be Boys may be lawful for said board of control to place in the care of any resident
of this State who is the head of a family and of a good moral character, any of the boys of said school on such conditions, and with
such stipulations as the board may establish : Provided, No boy Proviso. shall be placed in the care of any person who shall be engaged in
the sale of intoxicating drinks, or who is in the habit of getting Return to coun. drunk. It shall be the duty of the board of control, and they shall incorrigible boys have power to return any boy to the authorities of the county or
city from which he shall have been received, whom the said board may deem to be an improper subject for their care and management, or who shall be found to be incorrigible, or whose continuance in the school they may deem prejudicial to the management or discipline thereof, or who ought in their judgment for any other cause t)
placed in fami lies.
ties or cities of
duced in court.
in first instance.
be returned from said school. In every such case it shall be the duty Reason for of said board of control to transmit to the court, or magistrate, by whom said boy was committed to said school, a statement of the reasons of said return, and it shall be the duty of the authorities Must be proof the city or county to whom said boy shall be returned to produce du said boy before the court, or magistrate, by whom said boy was tried, convicted, and committed, or his successor in office, as soon as the same can reasonably be done; and such court or magistrate Proceedings as shall bave power thereon to make such order and have such pro- in ceedings as would have been legal in the first instance; and would have been made or had in the case, if the boy had not been sent to the reform school. Said board of control shall also be authorized Leave of absence
t may be given in when in their judgment it may be deemed proper or expedient, to writing. give boys leave of absence in writing, with conditions therein expressed, for a limited period, or during good behavior, and in case of misconduct or other satisfactory reasons, they may reclaim and return to the care of the school for such time as they were originally sentenced without other trial or commitment or process of law, any boy granted such leave of absence, their further detention shall in no way be affected thereby, either to their prejudice or advantage. Said board of control shall also have power to return any boy to Return of boys to his parents, or other guardian, when they shall have become bound parents or guarin sufficient sureties for the good behavior and care of such boy.
Approved April 28, 1877.
[No. 85.] AN ACT to fix the per diem of members of State Legislature
from the Upper Peninsula for and during the session of eighteen hundred and seventy-seven.
SECTION 1. The People of the State of Michigan enact, That in addition to the compensation, mileage, and allowance for stationery, as fixed by law, for members of the Legislature, the members representing territory of the Upper Peninsula shall be allowed and paid two dollars per diem as extra compensation during the session of the Legislature of the year 1877.
SEC. 2. This act shall take immediate effect.
[No. 86.] AN ACT to amend section eighty-six, of chapter one hundred and
seventy-eight of the compiled laws of eighteen hundred and seventy-one, being compiler's section five thousand three hundred and thirty-four (5334), relative to adjournments of civil causes in justices' courts.
SECTION 1. The People of the State of Michigan enact, That Section section eighty-six of chapter one hundred and seventy-eight of the among