or any one of them, or the insured, to give evidence in any matter touching the adjustment or arbitration of losses by fire, which may come before such officer or officers; and such subpoena shall be valid to compel the attendance of a witness within the same county where such matter is to be tried, and within thirty miles of the place of such trial. The opposite party interested in such adjust- Notice to oppoment or arbitration shall be notified, without cost to him or them, site party. at least twenty-four hours in advance, of the time and place where such witnesses are to be examined, and he or they shall have the right to appear by attorney or in person, and cross-examine all witnesses produced. served. ment may issue. SEC. 2. Any such subpoena may be served by a sheriff, constable, How subpoena or any other person, and it shall be served by delivering a copy thereof, and by paying or tendering to him the same fees for traveling and one day's attendance as are allowed by law in justice courts. SEC. 3. Whenever it shall appear to the satisfaction of said jus- When attachtice of the peace, by affidavit of a party interested in said adjustment or arbitration, or by other competent testimony, that any person duly subpoenaed to appear as required in said subpoena, shall have refused or neglected without just cause to attend as a witness in conformity to such subpoena, and the testimony of such witness is material, as the deponent verily believes, the said justice shall have power to issue an attachment to compel the attendance of such witness, and said witness shall be liable for the costs of such attach- Costs, how rement [attachments] and for the service of the same, which costs may be recovered in an action of assumpsit at the suit of the party injured by such neglect or refusal, before any court having competent jurisdiction in like cases, and shall moreover be liable to said injured party in damages. covered. to administer SEC. 4. Any one of said officers of such insurance companies shall officers of comhave the power, and they are hereby authorized to administer an pany authorized oath to said witnesses or parties so testifying before them in the oaths. adjustment or arbitration of such losses, and said witnesses shall be liable to the same pains and penalties for perjury as are now provided by law. Approved March 17, 1881. [No. 37.] AN ACT to amend section eleven of an act, entitled "An act relating to depositions taken within this State," approved March twenty nine, eighteen hundred and forty-eight, being compiler's section five thousand nine hundred of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That Section section eleven of an act, entitled "An act relating to depositions amended. taken in this State," approved March twenty-nine, eighteen hundred and forty-eight, being compiler's section five thousand nine How deposition hundred of the compiled laws of eighteen hundred and seventyone, be and the same is hereby amended so as to read as follows: SEC. 11. The deposition shall be enclosed and sealed by the person to be disposed of. taking the same and directed to the court or the clerk of the court, or arbitrators or referees before whom the cause is pending; the same may be transmitted by mail or by express. If the said deposition is taken to be used before a court of record, the clerk or judge of such court may open the same; if such deposition is taken to be used bfeore a justice of the peace, arbitrators or referees, the same may be opened by such justice or arbitrators or referees, or any one of such persons, and the parties to such cause, after the opening of the deposition, shall be entitled to examine the same and make copies thereof. Approved March 17, 1881. [No. 38.] When statement board. AN ACT requiring an annual statement of the Manistee river improvement company to be filed with the board of control of the St. Mary's Falls ship canal. SECTION 1. The People of the State of Michigan enact, That to be filed with the Manistee river improvement company shall cause to be made out and filed with the board of control of the St. Mary's Falls ship canal, at or before its meeting on the last Wednesday of March of each year, the affidavit of its president, or one of its directors, setWhat to contain, ting forth in detail, upon his best information and belief, what amount of timber, logs, and lumber, will be run through any section or sections of the Manistee river improved by said company during that year, designating the towns and ranges where said logs will be put in, and to include the probable amount which will be put in during the next summer's logging, and the town and range in which they will be put in, and that the official has made due and reasonable inquiry on the subject from persons lumbering on the river, and otherwise stating the sources of such information as far as practicable; and said affidavit shall further contain a statement of the amount of logs which passed through the river improved by said company during the year previous, as appears from the records of the boom company of Manistee. Further statement. This act is ordered to take immediate effect. Approved March 17, 1881. [No. 39.] AN ACT to amend sections fifteen, thirty-one, and thirty-five, of act number eighty-seven, of the session laws of eighteen hundred and fifty-five, being "An act relating to burying grounds," approved February twelve, eighteen hundred and fifty-five. SECTION 1. The People of the State of Michigan enact, That sections fifteen, thirty-one, and thirty-five, of act number eighty seven, of the session laws of eighteen hundred and fifty-five, being "An act relating to burying grounds," be and the same are hereby amended so as to read as follows: trustees to make SEC. 15. The board of trustees of any corporation organized under Powers of this act, shall have the power, by a two-thirds vote of the members laws for governelect, to make all needful by-laws, rules, and regulations, not incon- ment. sistent with this act, that may be necessary to the proper management of the affairs of such corporation, and may by a like vote amend the same. how fixed. SEC. 31. The price of lots or rights of burial in any grounds be- Price of lots, longing to such corporation may be, from time to time, determined and fixed by a two-thirds vote of the board of trustees. how devoted. SEC. 35. The board of trustees of any corporation organized un- Memorial fund, der this act may provide for and establish an improvement or memorial fund, the income or proceeds from which shall be perpetually devoted: First, to keeping clean and in good order the lots of the several contributors thereto, and any monuments on said contributors' lots in good repair; and, second, to improving and beautifying any portion of the grounds of such corporation, reserved from sale and set apart for ornamental purposes. Contributions, subscriptions, or bequests to such fund, whether made by owners of lots, or rights of burial, or by other persons, shall be invested in such safe and productive securities as the said board of trustees shall determine, and only the annual interest thereon shall be used, for the purposes above prescribed. Ordered to take immediate effect. [No. 40.] AN ACT to provide for the republication and sale of such of the reports of the supreme court of this State as are or may become out of print, and have not been stereotyped; and to repeal act number two hundred and seventeen of the session laws of eighteen hundred and seventy-five, being an act entitled "An act to provide for the republication and sale of such of the reports of the supreme court of this State, as are or may become out of print." Approved May three, eighteen hundred and seventy-five. SECTION 1. The People of the State of Michigan enact, That When Supreme whenever the chief justice of the supreme court may deem it necessary to republish any volume or volumes of the reports of the su- re-printed. preme court of this State, which are out of print and have not been stereotyped, he shall request the State reporter to prepare foot-notes or references and such changes in head-notes or otherwise as hereinafter provided, and such volume or volumes shall be republished as hereinafter directed: Provided, That the edition of any of said Proviso. reports shall be deemed out of print, and the chief justice shall make said request whenever such edition, held for sale by the State, shall be exhausted. Court reports may be Reporter to prepare foot-notes, etc. of cases. How changes made. SEC. 2. Before any volume of said reports shall be reprinted, said reporter shall prepare and append to the cases contained in such volume suitable foot-notes or references to cases in the Michigan and other reports, bearing on or affecting the decisions in such cases, and such changes in head-notes or otherwise as the chief justice To insert table may approve. He shall also insert in each volume so reprinted, a full table of the cases cited in the opinions therein; but no change shall be made in the opinion in any case except to correct verbal or typographical errors, which foot-notes, references, changes, and table of cases shall be printed in connection with the original text under the supervision of said reporter, and for his services therefor said reporter shall be allowed such reasonable compensation by the board of State auditors as to them shall seem just: Provided, If for Proviso..when any cause said reporter shall be unable personally to perform the duties hereby imposed, the chief justice shall appoint some other person of known integrity and legal learning to perform the same, who shall be entitled to like compensation. Chief Justice may appoint person in place of reporter. Publication to be by contract. posals to be pablished. SEC. 3. Said republication shall be done by contract, to be let by the board of state auditors as follows: Said board of state auditors, whensoever notified by the chief justice of the supreme court that any volume or volumes of said reports, that have not been stereoNotice for pro- typed, are out of print, and at any time when any contract let hereunder shall be forfeited or terminated in any way, shall advertise in three different newspapers, one of which shall be published in the city of Detroit, one in the city of Grand Rapids, and the other in the city of Lansing for the term of four weeks; that sealed proposals will be received by said board at Lansing, and opened at the end of such publication of notice, for the stereotyping, printing, and binding of said reports, at a certain rate per volume, to be stated in such proposals, and shall within ten days thereafter award such contract to the lowest bidder. The board of state auditors shall have the power to reject any or all bids. Bidders to dred dollars. SEC. 4. Each bidder shall deposit with the state treasurer, before deposit five hun- making his proposals, the sum of five hundred dollars, to be forfeited to the State in case he shall fail to make a contract in accordance with this act, if the board shall declare him the successful bidder; and shall take a receipt from said treasurer, and deposit the same with his proposal. Contract, what to contain. Bond with sureties for ful. fillment of contract. SEC. 5. The successful bidder shall make a contract according to the terms of his proposals, and the provisions of this act, which shall be made and considered part thereof, within thirty days after notice that his proposal is accepted; and shall also file with the state treasurer a bond in the penal sum of five thousand dollars, conditioned to fulfill such contract in all particulars, with at least two sufficient sureties to be approved by the secretary of state. Such bonds shall be the joint and several obligations of the persons exeWhen contract cuting it. If the successful bidder shall fail to complete his contract, or shall forfeit the same for any cause, the said board shall relet the contract, as soon thereafter as practicable, in the manner provided by section three of this act; and said contractor shall also pay to the State all expenses thereof; and said board may also com forfeited. bonds in lieu of plete any part of such first or any subsequent contract, not fulfilled at the reletting of the same at the expense of such contractor. In Contractor lieu of the sureties to the bond herein required, contractors may de- may deposit U.S. posit United States bonds to the amount of five thousand dollars sureties. with said treasurer, and said bonds or such part thereof as shall be necessary to reimburse and make good to the State any loss it may sustain, or expense it may be put to by reason of the non-completion of said contract, shall be forfeited to the State of Michigan in case of the failure of such contractor to fulfill any of the conditions of the bond by him to be performed. SEC.. The contract of the successful bidder shall contain such Covenants in covenants as the board of state auditors may think necessary to contract. guard and protect the interests [interest] of the State thereunder. and style of SEC. 7. Whenever any volume or volumes of said reports shall be Number of rerepublished under the provisions of this act, one thousand copies of ports authorized each shall be printed, and said volume or volumes shall be stereo- work. typed and printed and bound in a good and substantial manner and form, of good material for law books, and uniform in size with the present Michigan reports, and to be approved and accepted by the judges of the supreme court or a majority of them, and the only and original stereotyped plates shall be at all times the property of this State. SEC. S. Said reports shall be republished under the supervision of Who to supervise said reporter, or of the person appointed by the chief justice and publication. subject at all times to the directions of the supreme court judges or a majority of them, and to whom shall be referred any matter of dispute, and their decision shall be final and binding upon the contractors and the State. SEC. 9. Such contractor, after receiving from the reporter or other person appointed by the chief justice any volume of said reports with the aforesaid foot-notes or references, changes and corrections, shall, within ninety days deliver to the state librarian at Lansing, free of costs for publication or delivery, the copies of such volumes herein before provided for, in good order and according to contract, who shall give his receipt therefor to the contractor when directed by the judges of the supreme court or a majority of them. Said contractor, at the time of delivering said copies to the state librarian, or within thirty days thereafter, shall also deliver to the secretary of state the stereotyped plates from which said volume or volumes were printed in good order and condition. when to be delivered to contractor. SEC. 10. Upon the delivery of said stereotyped plates to the secre- Payment to tary of state, and upon producing and showing to him a receipt from the state librarian, showing the delivery to him of the agreed number of copies of any of said volumes, and upon the authorization of the board of state auditors the secretary of state shall draw and deliver to said contractor his warrant upon the state treasurer for the amount authorized by said board of state auditors, under any contract made in pursuance of the provisions of this act, and the same shall be paid by the state treasurer out of any funds in the state treasury not otherwise appropriated. SEC. 11. The state librarian shall distribute one copy of any of |