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Location and name of road.

[No. 50.]

AN ACT to establish a State road in Bay county. SECTION 1. The People of the State of Michigan enact, That the highway known as the Prairie road, running east of the village of Essexville, in Bay county, along the east and west quarter line of sections thirteen and fourteen, in township fourteen north, range five east, and sections eighteen and seventeen in township fourteen north, range six east, in the township of Hampton, in Bay county, be and the same is hereby declared to be and is established as a State road, to be known as the Prairie State road, and as such is placed under the care and supervision of the board of stone road commissioners of Bay county, who shall annually Amount to be expend thereon such sum of money raised by the stone road tax as shall be [apportioned] appropriated thereto by the board of supervisors and stone road commissioners of Bay county. This act is ordered to take immediate effect. Approved April 16, 1889.

Who to have care of.

expended, etc.

Appropriation.

Amount to be

passed to the credit of the House of

Correction.

[No. 51.]

AN ACT making appropriation for the purchase of a cooking range, two washing machines, fire and lawn hose, dishes, bedding, books and stationery, tools and general repairs, and for the purchase of one sander, and for putting in dust arresters in certain shops at the State House of Correction and Reformatory at Ionia.

SECTION 1. The People of the State of Michigan enact, That the sum of seven thousand eight hundred dollars be and the same is hereby appropriated out of the general fund for the following named purposes at the State House of Correction and Reformatory at Ionia: For the purchase of a cooking range for the administration building, two hundred dollars; for two washing machines, eight hundred dollars; for fire and lawn hose, two hundred dollars; for dishes, etc., house department, one hundred dollars; for bedding, etc., house department, three hundred dollars; for books and stationery, clerk's office, three hundred and fifty dollars; for books and stationery, chaplain's office, one hundred dollars; for books and stationery, hall master's office, seventy-five dollars; for tools for carpenter shop, seventy-five dollars; for general repairs, four thousand dollars; for dust arresters, furniture factory, nine hundred dollars; for invincible sander, seven hundred dollars;-[seven thousand eight hundred dollars.]

SEC. 2. That the several sums appropriated by this act shall be passed to the credit of the State House of Correction and Reformatory at Ionia and paid to its treasurer or other responsible officer, upon the requisition of the board of managers, at such times and in such amounts as it may be made to appear to the Auditor General of the said State to be necessary.

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SEC. 3. That the aggregate sum appropriated by this act (seven Tax.
thousand eight hundred dollars), shall be added to and incorpo-
rated with the tax for the year eighteen hundred and eighty-nine,
by the Auditor General, and when collected passed to the credit
of the general fund.

This act is ordered to take immediate effect.
Approved April 16, 1889.

[No. 52.]

AN ACT to prohibit dealers in second-hand goods, junk shop
keepers, peddlers and rag and paper buyers, pawnbrokers, and
hawkers from purchasing any goods, thing, article, or articles
from minors without the written consent of the parent or guar-
dian of such minor.

from minor

SECTION 1. The People of the State of Michigan enact, That Not to purchase every dealer in second-hand goods, junk shop keeper, peddler, rag under 16. or paper buyer, pawnbroker or hawker [or his or their agent or clerk] who shall purchase, either directly or indirectly, or by his agent or clerk, any goods, thing, article or articles from any minor under

the

age of sixteen years, without the written consent of the parent or guardian of any such minor, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any court of competent jurisdiction, shall be punished by a fine not exceeding twenty-five Penalty for. dollars nor less than five dollars and costs of prosecution, or by imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court before which the conviction may be had. Approved April 18, 1889.

[No. 53.]

AN ACT to fix the per diem compensation of members of the
State Legislature from the Upper Peninsula for and during the
session of one thousand eight hundred and eighty-nine.

SECTION 1. The People of the State of Michigan enact, That Compensation in addition to the compensation, mileage, and allowance for members of the stationery, members representing the Upper Peninsula shall be Legislature.

allowed and paid two dollars per diem extra compensation during

the session of the Legislature of the year one thousand eight hun

dred and eighty-nine, as provided in the constitution.

This act is ordered to take immediate effect.

Approved April 17, 1889.

Power to select permanent

location.

How may be changed.

Section amended.

Property exempt from taxes.

[No. 54.]

AN ACT to enable the executive committee of the State Agricultural Society to permanently locate the place of holding its annual fairs, and to repeal act number sixty-five of the public acts of eighteen hundred and eighty-seven.

SECTION 1. The People of the State of Michigan_enact, That the executive committee of the State Agricultural Society shall have the power, by a majority vote of all the members of said committee at any annual meeting or at any special meeting thereof, called for that purpose, to permanently locate the place of holding the annual fairs of said society, and when a permanent location is selected it shall not be changed except by a two-thirds majority of all the members of said committee.

SEC. 2. Any and all statutes in conflict with the above are hereby repealed.

This act is ordered to take immediate effect.
Approved April 19, 1889.

[No. 55.]

AN ACT to amend section five of act number one hundred and forty-two of the session laws of eighteen hundred and fortynine, entitled "An act to incorporate the trustees of Mountain ́ Home Cemetery," approved March twenty-eighth, eighteen hundred and forty-nine.

SECTION 1. The People of the State of Michigan enact, That section five of act number one hundred and forty-two of the session laws of eighteen hundred and forty-nine, entitled "An act to incorporate the trustees of Mountain Home Cemetery," approved March twenty-eighth, eighteen hundred and forty-nine, be and the same is hereby amended, so as to read as follows:

SEC. 5. All lands now held or which may hereafter be acquired by said corporation for the purposes aforesaid (and all moneys which have been received, or shall hereafter be received from the sale of lots, and all moneys deposited with said corporation in trust for the care of lots, and all other personal property of said corporation) shall be forever exempted from all public taxes and assessments, and from all liability to be sold on execution, or for the payment of debts by assignment under any insolvent law. The said corporation may hold in trust any donation or bequest be held in trust, of property, and may apply the same, or the income thereof, in the improvement or embellishment of the cemetery, or for the erection, repair, preservation or removal of any receiving tomb, monument, or fence, or for the planting or cultivation of trees, shrubs, flowers, or plants, in and around any cemetery lot, or for the improvement of said premises in any other form or manner conformable to the terms of said grant or bequest.

Donations or bequests may

etc.

This act is ordered to take immediate effect.
Approved April 19, 1889.

[No. 56.]

AN ACT providing for the employment, defining the duties, and fixing the compensation of a stenographer for the eighth judicial circuit, State of Michigan, and to provide for the collection and disposition of the stenographer's fee.

subject to the

SECTION 1. The People of the State of Michigan enact, That Shall hold officefrom and after the passage of this act the stenographer of the provisions of circuit courts composing the eighth judicial circuit shall hold his this act. office under and subject to the provisions of this act. He shall Appointment of. be appointed by the Governor upon the nomination of the judge thereof, and hold his office during good behavior, except that the court may suspend him for incompetency or misconduct, and in case such suspension is not rescinded within thirty days, the office shall be deemed vacant.

deputies.

SEC. 2. Said stenographer shall have the power to appoint one May appoint or more deputies, subject to the approval of the court, whose compensation shall be paid by the stenographer: Provided, The Proviso. stenographer shall have the power to revoke such appointment at any time.

of.

paid by each

SEC. 3. Said stenographer shall be deemed an officer of the Duty of. court, and it shall be his duty to attend said court at each term, and to take full stenographic minutes of the testimony and proceedings upon the trial of each issue of fact tried before the court or jury, at law or in chancery, and as a compensation for such ser- Compensation vices he shall receive the sum of eighteen hundred dollars per annum, which said sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit. The amount to be paid by each of said counties shall be determined Amount to be upon the basis of the number of suits entered and commenced in county. the circuit courts for such counties, respectively, the preceding year; and on the first of January of each year, or as soon there- Judge to after as may be, it shall be the duty of the judge of said courts to apportion the amount of such salary to be paid by each county, respectively, upon the basis aforesaid, and to notify the treasurer of each county thereof; and when so notified, the treasurer of each of said counties shall thereafter, until a new apportionment of salary is made, pay, in monthly installments, the annual salary of said stenographer in accordance with said apportionment and notification of the circuit judge, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid.

appportion.

furnished.

SEC. 4. In case the counsel for either party to any suit or pro- Transcript to be ceeding at law or in equity shall desire a transcript of the whole or a part of the testimony or proceedings in any case for the purpose of moving for a new trial, or removing it to the supreme court, it shall be the duty of the stenographer of the court reporting said testimony or proceedings to furnish the same, and he Fee therefor. shall be entitled to receive therefor from the party so requiring it, on delivery of said copy, the sum of six cents per folio for each

Proviso.

Idem.

folio so transcribed, and the money so paid the stenographer shall be recovered as a part of the taxable costs of the party in such motion, or in the supreme court: Provided however, That if each party to the cause or proceeding shall at the same time desire such transcript, said stenographer shall furnish the same on payment to him therefor of five cents per folio, to be paid by each party: Provided, That in any case the court may order the stenographer to make a transcript of the testimony and proceedings in said case, such transcripts shall be deemed the official record of the court: Provided further, That if the presiding judge shall direct a copy of the testimony and other proceedings upon any trial to be made for his own use, the stenographer shall Acts void, etc. make and file the same without costs to either party. All acts or parts of acts contravening the provisions hereof in force at the time of the passage of this act shall be construed as void and of no effect as applying to the circuit courts in the eighth judicial circuit of the State of Michigan.

Idem.

Cases to be taxed.

Official oath.

Notes, etc.,

etc.

SEC. 5. Each and every issue of facts shall be taxed three dollars, to be paid by the parties to the suit, in equal proportions, before the taking of testimony is commenced, into the hands of the clerk of the court, and by him to be paid into the county treasury to apply upon the payment of the salary of said stenographer herein before provided; and the prevailing party shall have the amount so paid by him taxed in his costs as a proper disbursement.

SEC. 6. Before entering upon the duties of his office such stenographer shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge, and shall be filed in the office of the county clerk in each of the counties respectively; and whenever said stenographer shall appoint a deputy or deputies, in accordance with section two of this act, such deputy or deputies shall take and subscribe said oath in the same manner as is herein provided for the stenographer.

SEC. 7. The stenographer or assistant stenographer who shall preservation of, take the notes on the trial or hearing in any case shall prefix to his notes of the testimony of each witness the full name of said witness, and the date the testimony was taken, and at the conclusion of the trial of said cause he shall securely attach together all of his notes taken in said cause and properly entitle them on the outside, and safely keep the same in his office And in the event of the death or resignation, or his removal from office, or from this state of the stenographer, said notes shall be transferred to the county clerk of the county where the cause was tried, who shall receive and safely keep the same subject to the direction of the circuit court of that county: Provided, That said notes shall be a part of the records in said cause, and shall be subject to inspection as other records in said case.

Proviso.

Charge need

not be in writing.

SEC. 8. In cases tried in said courts in which said stenographer shall be engaged, it shall not be necessary for the charge of the court to be in writing, as provided by an act entitled "An

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