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PUBLIC ACTS

OF

THE LEGISLATURE

1889.

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AN ACT to amend sections one hundred and fifteen and one
hundred and sixteen of the compiled laws of eighteen hundred
and seventy-one, being sections eighty-four and eighty-five of
chapter six, relative to electors of President and Vice-President
of the United States, as amended by act number one hundred
and eighty-seven of the session laws of eighteen hundred and
seventy-seven, approved May twenty-second, eighteen hundred
and seventy-seven, being sections two hundred and forty-one
and two hundred and forty-two of Howell's Annotated Statutes.
SECTION 1. The People of the State of Michigan enact, That Sections
sections one hundred and fifteen and one hundred and sixteen,
being sections eighty-four and eighty-five of chapter six, of the
compiled laws of eighteen hundred and seventy-one, relative to
electors of President and Vice-President of the United States, as
amended by act number one hundred and eighty-seven of the
session laws of eighteen hundred and seventy-seven, approved
May twenty-second, eighteen hundred and seventy-seven, be and
the same are hereby amended, so as to read as follows:

amended.

convene.

Vacancy for any

cause, how

filled.

SEC. 84. The electors of President and Vice-President shall Presidential electors, when convene in the Senate chamber, at the capitol of the State, at the and where to hour of twelve o'clock at noon on the second Monday of January. If there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, neglect to attend by the hour of twelve o'clock at noon of said day, or on account of any two of the persons voted for as electors having received an equal and the same number of votes, or on account of the ineligibility of any person elected, or for any other cause, the qualified electors present shall proceed to fill such vacancy by ballot and plurality of votes. When all the electors shall appear, or vacancies shall be filled as above provided, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States.

executive of

State.

SEC. 85. It shall be the duty of the executive of the State, 88 Duty of soon as practicable after the election of the electors by the final ascertainment under and in pursuance of the laws of the State providing for such election, to communicate under the seal of the State to the Secretary of State of the United States his certificate of such ascertainment of the electors elected, setting forth

Idem.

the names of such electors and the canvass or other ascertain. ment under the laws of the State of the number of votes given or cast for each person for whose election any and all votes have been given or cast, and it shall also thereupon be the duty of the executive of the State to deliver to the electors of the State, on or before the dayon, which they are required by the preceding section to meet, the tame certificate, in triplicate, under the seal Duty of electors. Of the State. Such certificate shall be enclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of government the lists of all persons voted for as President and of all persons voted for as Vice-President.

This act is ordered to take immediate effect.
Approved January 11, 1889.

Injury to

or apparatus,

etc.

[No. 2.]

AN ACT to punish willful and malicious injuries to mines and property used in mining.

SECTION 1. The People of the State of Michigan enact, That mining property every person who shall willfully and maliciously cut, break, obstruct, injure or destroy or cause to be cut, broken, obstructed, injured or destroyed, any pump, pump-rod, man-engine, ladder, ladder-way, skip, skip-track, car, car-track, bell, signal, rope, cable or any other appliance or thing, whether herein particularly mentioned or not, used for or connected with the hoisting or pumping apparatus, or means of escape; or any stull, timber, plank, platform or other appliance or other thing, whether herein particularly mentioned or not, used for or connected with securing or upholding rock, or used for or connected with the purpose of securing the safety of workmen, the same being under ground in any mine; or shall do the like to any structure, shaft-house, or machinery or appliances in or connected with any shaft-house or shaft above ground in any mine used or connected with pumping, signalling, hoisting men or materials, or with securing the safety of workmen underground, such mine being then in use or operation, shall be deemed guilty of felony and be punished by imprisonment in the State prison not more than twenty years, or by fine not exceeding five thousand dollars, in the discretion of the court.

Penalty for.

This act is ordered to take immediate effect.
Approved January 18, 1889.

[No. 3.]

AN ACT for the relief of Charles Peterson.

WHEREAS, Mary Jane Peterson died on the twenty-sixth day of April, eighteen hundred and eighty-eight, at East Saginaw, Saginaw county, Michigan, intestate, owning real property in said county, and then being a resident of said county, leaving a husband, Charles Peterson, now living, and leaving at her death no father, mother, brother nor sister; no issue nor other lineal descendant; nor any issue of brothers or sisters; therefore,

given jurisdic

SECTION 1. The People of the State of Michigan enact, That Probate court the probate court of Saginaw county shall have and entertain tion of certain jurisdiction of a petition by Charles Peterson of East Saginaw, petition. Michigan, to be declared the legal heir of Mary Jane Peterson, late of said East Saginaw, now deceased.

of State

SEC. 2. If on the hearing of such petition said probate court Escheat claim shall find to be true the facts set forth in the preamble of this released, etc. act, the State hereby releases all its claim, by way of escheat, to the real estate left by said Mary Jane Peterson; and the Auditor General, State Treasurer and Secretary of State, known as the Board of Escheats, are hereby authorized and required to convey to Charles Peterson all of the interest which the State of Michigan has heretofore or may hereafter acquire in and to the real estate left by said Mary Jane Peterson; and the probate court is authorized to make a decree declaring said Charles Peterson to be the heir of said Mary Jane Peterson, and setting over to said Charles Peterson the said real estate left by said Mary Jane Peterson, after the debts, funeral charges and expenses of administration are paid.

govern proceed

SEC. 3. All the proceedings under this law shall be under the Statutes to statutes governing proceedings in probate courts so far as appli- ings, etc. cable.

This act is ordered to take immediate effect.
Approved January 25, 1889.

[No. 4.]

AN ACT to punish burning or setting fire to mines, materials in mines and mine buildings.

setting fire to

ing property a felony.

SECTION 1. The People of the State of Michigan enact, That Burning or any person who shall willfully and maliciously burn or set fire mines or minto or cause to be burned or set fire to any wood, timber, or other material in any part of a mine under ground, or shall willfully and maliciously set fire to or burn any shaft-house or other structure or materials built or placed over, or upon a shaft, adit, level or other opening into any mine, such mine being then in use or operation, shall be deemed guilty of felony and be punished Punishment for.

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