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panies to construct canals or harbors and improve the same," approved March thirteen, eighteen hundred and sixty-one, and amendments thereto, be and the same is hereby repealed. But Corporations
already formed. all corporations legally formed and existing under such chapter shall nevertheless continue to have legal existence for the purpose of closing up their business only in accordance with the provisions of chapter one hundred and thirty of the compiled laws of eighteen bundred and seventy-one.
Sec. 2. This act shall take immediate effect.
[ No. 44. ] AN ACT to amend section four of an act entitled “An act to
amend chapter one hundred and fourteen of the revised statutes, entitled “Of proceedings against debtors by attacbment,'” being consecutive section six thousand four hundred and thirty-one of the compiled laws of eighteen hundred and seventy-one.
SECTION 1. The People of the State of Michigan enact, That Section amended section four of an act entitled " An act to amend chapter one hundred and fourteen of the revised statutes, entitled • Of proceedings against debtors by attachment,'" being consecutive section six thousand four hundred and thirty-one of the compiled laws of eighteen hundred and seventy-one, be and the same hereby is amended so as to read as follows:
(6431.) SEC. 4. The judge or commissioner shall have full power Attendance of to issue subpoenas, and if necessary, attachments to compel the at- application for tendance of witnesses to testify in such cases, and may, in his discretion, require the party moving for such dissolution to give security for the costs of such proceedings; and may order the costs of such proceedings to be paid by the party against whom the decision shall be in the premises, and may issue execution therefor, returnable in sixty days from its date.
Approved March 20, 1875.
dissolution of attachment.
[ No. 45. ] AN ACT to authorize the trustees of the Michigan Asylum for the
Insane to convey certain State land in the village of Kalamazoo, for the purpose of extending Howard street. WLUTION 1. The People of the State of Michigan enact, That Land that may the board of trustees of the Michigan Asylum for the Insane are be conveyed. hereby authorized to convey, by quit-claim deed, to the village of Kalamazoo, in the county of Kalamazoo, all the interest of the State of Michigan in and to a strip of land. two rods in width, north and south, commencing at the present western terminus of Howard street, in said village, and extending west to Asylum
avenue, for the purpose of extending said Howard street to said
SEC. 2. This act shall take immediate effect.
[ No. 46. AN ACT to amend section four thousand two hundred and fifty
seven of the compiled laws of eighteen hundred and seventy-one, the same being an act entitled "An act to provide for recording
patents for lands, and for other purposes." Section amended SECTION 1. The People of the State of Michigan enact, That
section four thousand two hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one, being an act entitled “ An act to provide for recording patents for lands and for other
purposes," be so amended as to read as follows: Register to It shall be the duty of the register of deeds in the several counor certified cop. ties of this State to receive for record and record all patents for
lands from the United States or this State, or any copy thereof, duly certified by the Commissioner of the United States General Land Office, or by the Commissioner of the State Land Office of this State, in the same manner and with like effect as by existing law he is required to receive and record deeds and conveyances.
Approved March 20, 1875.
fifty, being section four thousand two hundred and forty-four of
ances, and the canceling of mortgages. fection amended SECTION 1. The People of the State of Michigan enact, Tbat
section forty-two of chapter one bundred and fifty, being section four thousand two hundred and forty-four of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby
amended so as to read as follows: Discharge of (4244.) SEC. 42. Any mortgage shall also be discharged upon that said mortgage bas been duly paid, or upon the presentation to such register of deeds of a certificate of the register in chancery of the county, and under the seal thereof, certifying that a decree of foreclosure of any such mortgage has been duly entered in his office, and that the records in his office shows that such decree has been fully paid and satisfied.
f the record thereof by the register of deeds in whose custody it mortgageo, cir- shall be, whenever there shall be presented to him a certificate exeregister in chan- cuted by the mortgagee, his personal representative or assigns, cery.
acknowledged, approved and certified as in this chapter provided, to entitle conveyances or instruments in writing in any wise aff.cting the title to lauds to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged; or upon the presentation to such register of deeds of the certificate of the circuit court, signed by the judge of said court, and under the seal thereof, certifying that it has been made to appear to said court
mortgage by certificate of
cuir court or
Approved March 20, 1875.
[ No. 48. ] AN ACT to re-organize the tenth judicial circuit and create the
twenty-first judicial circuit. SECTION 1. The People of the State of Michigan enact, That Tenth clrcait. the county of Saginaw shall be formed into and constitute a judi. cial circuit, to be known and designated as the tenth judicial circuit.
SEC. 2. That the counties of Gratiot, Isabella, Clare, Midland, Twenty-first ctrRoscommon, and Gladwin shall be formed into and be one judicial cuit circuit, to be known as the twenty-first judicial circuit.
Sec. 3. The qualified voters of the counties mentioned in sec- Election of tion two of this act shall, on the first Monday in April, in the year of our Lord one thousand eight bundred and seventy-five, elect a circuit judge, who shall hold his office, commencing on the first day of May, eighteen hundred and seventy-five, for the term Term of office. of six years, or until his successor is elected and qualified.
Sec. 4. The judge of the tenth judicial circuit shall continue to Time judge of hold his office as judge of said circuit, as herein re-organized, for Circuit to retain the remainder of his unexpired term, and until his successor is ofice. elected and qualified.
Sec. 5. It shall be the duty of tte sheriff of the several counties Election, sheria mentioned in section two of this act, at least ten days previous to to botily. the first Monday in April, in the year one thousand eight hundred and seventy-five, to notify the township clerk of each township, and ward inspectors of election in each ward of any city in their res, ective counties, of said election of circuit judge, and the town- Township ship clerks and ward inspectors shall post notices in the usual man- post notices.
on clerks, etc., to ner for such election in townships and wards at least three days previous to the day of election.
Sec. 6. The said election for circuit judge shall be conducted Manner of conand returns made as provided by law for the election of circuito judges for the several judicial circuits of tbis State, and the State board of canvassers shall, without delay, on tbe receipt of the certified statement of the votes given in said counties named in the second section of this act, proceed to cap vass the said votes, and Canvassers of to deliver to the person elected a copy of their determination as votes. required by law.
Sec. 7. All acts or parts of acts contravening the provisions of acts repealed. this act are repealed.
SEC. 8. This acı shall take immediate effect.
Judge, first election and
[ No. 49. ] AN ACT to provide for a municipal court in the city of Grand
Rapids, to be called “ The Superior Court of Grand Rapids." Superior court SECTION 1. The People of the State of Michigan enact, That and Rapids there shall be a municipal court in and for the city of Grand
Rapids, which shall be called “ The Superior Court of Grand Rapids, which shall be a court of record and have a seal to be provided by said city, and whose first term shall commence on the first Tuesday of June, in the year of our Lord one thousand eight hundred and serenty-five.
SEC. 2. On the first Monday of April, in the year eighteen hunterm of ofice. dred and seventy-five, the qualified voters of the city of Grand
Rapids shall elect a judge of said court, whose title and office shall be “ Judge of the Superior Court of Grand Rapids," and who shall
hold his office for six years, and until his successor shall be elected Notice of elec and qualified. Notice of such election shall be given by the clerk
of the city of Grand Rapids in the manner prescribed by law in case of the election of city officers for said city: Provided, That five days' notice of the first election shall be deemed sufficient, and at such election the person receiving the highest number of votes
for said office shall be declared duly elected thereto. The proLaws applicable visions of law relative to holding elections of city officers in said to election,
city, canvassing the votes and making returns thereof so far as applicable, shall regulate and apply to elections of the judge of said
court. Oath of office. SEC. 3. Any judge of said court before entering upon the duties
of his office, shall take and subscribe the oath of office prescribed by article eighteen of the constitution of this State. Such oath may be taken before any officer authorized to administer oaths, and shall be filed in the office of the clerk of the city of Grand Rapids.
SEC. 4. On the first Monday of April next preceding the expiration of the term of any judge of said court, his successor in said office shall be elected in the same manner and upon the same notice as that herein prescribed for the election of the judge of
said court. Vacancy in office SEC. 5. If in case of absence from the city of the judge of said of judge, how
superior court, illness, or any legal disqualification, or if a vacancy occur in his office, the judge of the circuit of which Kent county shall form a part shall act as the judge of said superior court, and as such judge shall have and exercise all the powers and duties of the judge of said court until he shall resume his office or such vacancy be filled. It shall be the duty of the common council of said city to cause an election to be held in said city to fill any vacancy in the office of the judge of said superior court, the same as is provided by the charter of said city in case of vacancies in the
office of mayor thereof. Salary of judge. Sec. 6. The judge of said superior court shall receive from the
treasury of the State of Michigan the same annual salary as may be payable to circnit judges, and payable quarterly; he shall also
Elections after the first.
hfully, truly, anabligations is suchapids, now, thereforis the
receive from the treasury of the city of Grand Rapids such additional salary as shall be sufficient with the sum so received from the State, to make the salary of said judge two thousand five hundred dollars, to be paid quarterly on the order of the common council.
SEC. 7. The clerk of the county of Kent shall be ex officio clerk Clerk. of said court.
Sec. 8. The clerk of said court, before entering upon the duties To take oath and of his office, shall take the constitutional oath to be administered 21 by said judge, and shall give a bond to the people of the State of Michigan, in the penal sum of ten thousand dollars, to be approved by the judge of said court, for the faithful discharge of the duties of said office. The condition of such bond shall be in sub- Condition of stance as follows: WHEREAS, the above bounden - -, is the elerk of the superior court of Grand Rapids, now, therefore, the conditions of the above obligations is such, that if the said — shall faithfully, truly, and impartially, enter and record all orders, decrees, judgments, and proceeding of the said court, and faithfully and impartially perform all other duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, and shall deliver to his successor in office all the books, records, papers, seals, and other things belonging to his said office, then the above obligation to be void, otherwise in full force.
SEC. 9. It shall be the duty of said clerk to keep a true record Vuty of clerk to of the proceedings, in proper books, to be provided for that purpose eti by the common council of the city of Grand Rapids, at the expense of said city; to file and safely keep all papers and books belonging or pertaining to said court, and to enter and record all orders, decrees, judgments, and proceedings of said court. He shall sign Shall sign and
m soia ont and show seal writs, ad. and seal all writs and process issuing from said court, and shall m have power generally to administer oaths and affidavits, and to do etc. all acts authorized by law to be done by clerks of circuit courts of this State. Said clerk, with the approval of the judge of said court, Deputies. may appoint one or more deputy clerks, as may be authorized by the common council of said city, and may remove the same. The Compensation, compensation of such deputies shall be fixed by the common etc council of said city, and shall be payable from the city treasury. Such deputies shall give such security as shall be required by ordinance of the common council for the performance of the duties of their office, and they shall have the same powers as are given to said clerk.
Sec. 10. The clerk of said court shall receive an annual salary Salary of clerk. of one thousand dollars, to be paid by the city of Grand Rapids upon the order of the common council, in quarterly installments, and said sum shall be in full of all clerks' fees or perquisities of every kind and nature, and of services rendered in any cause pending or determined in said court.
SEC. 11. Before any suit at law shall be commenced in said court, Court fcos. there shall be paid to the clerk of said court by the party commencing such suit the sum of four dollars, and before any judgment or final decree shall be entered in any such suit, there