Proviso. Unlawful to fish n certain waters. Penalty for. Section amended. specific description of such lands, may be paid in lieu of all such This act is ordered to take immediate effect. [No. 70.] AN ACT to prohibit the catching of fish with seines, gill nets, or any form of pound or trap nets in the channels known as the Les Cheneaux channels or in the entrances thereto, except that portion lying east of the east line of section thirty-four, town forty-two north, of range one east. SECTION 1. The People of the State of Michigan enact, That it shall be unlawful hereafter to fish with seines. gill nets, or any form of pound or trap nets in the channels known as the Les Cheneaux channels in Mackinaw county or in the entrances thereto, except that portion lying east of the east line of section thirty-four, of town forty-two north, range one east; said line running north and south. Any person offending against any of the provisions of this act shall, on conviction thereof, be liable to a fine of not more than twenty-five dollars or imprisonment in the county jail not more than ten days, or both such fine and imprisonment at the discretion of the court. Approved May 3, 1889. [No. 71.] AN ACT to amend section two of act number two hundred and five of public acts of eighteen hundred and seventy-nine, entitled "An act to authorize boards of supervisors of the several counties of this State to provide for the preservation and maintenance of original section corners and quarter posts, as surveyed and recorded by the original survey thereof," as amended by act number seventy-three of the public acts of eighteen hundred and eighty-one, approved April one, eighteen hundred and eighty-one, being compiler's section five hundred and ten of Howell's Annotated Statutes. SECTION 1. The People of the State of Michigan enact, That section two of act number two hundred and five of the public acts of eighteen hundred and seventy-nine, entitled "An act to authorize boards of supervisors of the several counties in this State to provide for the preservation and maintenance of the original section corners and quarter posts as surveyed and recorded by the survey thereof," as amended by act number seventy-three of the public acts of eighteen hundred and eighty-one, approved April one, eighteen hundred and eighty-one, being compiler's section five hundred and ten of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows: SEC. 2. The surveyor as above employed shall sink into the How corners earth at all section and quarter post corners from the surface to to be marked. a depth of at least three feet, a column of broken brick, charcoal, broken stones, or other easily distinguishable substance, of a diameter of at least three inches, and carefully describe the same in the records of his survey, and also to mark and record new Mark, witness trees wherever possible to do so, and if any person shall willfully cut down, destroy, deface or injure any living witness meanor, etc. tree or remove a corner post in any shape as above established, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than twenty-five dollars nor more than fifty dollars. Approved May 3, 1889. destruction of, etc., a misde. [No. 72.] AN ACT to amend section four thousand four hundred and twenty of the compiled laws of eighteen hundred and seventyone, being section five thousand eight hundred and eighty-eight of Howell's Annotated Statutes, relative to the appointment of commissioners on claims against estates of deceased persons. SECTION 1. The People of the State of Michigan enact, That section four thousand four hundred and twenty of the compiled laws of eighteen hundred and seventy-one, being section five thousand eight hundred and eighty-eight of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows: when judge $5888. (4420.) When letters testamentary or of administration Commissioners, shall be granted by the judge of any court of probate, such judge to appoint may, in his discretion, appoint two or more suitable persons to be commissioners, to receive, examine and adjust all claims and demands of all persons against the deceased except in the following cases: First, When it shall appear that there are no debts existing Exceptions. against such deceased person; Second, When the value of the whole estate, exclusive of the furniture and other personal property allowed to the widow, shall not exceed one hundred and fifty dollars, and shall be assigned for the support of the widow and children, as provided by law, in which case such assignment shall be deemed a full and final administration, and bar to all claims against the estate. Approved May 4, 1889. Section amended. When writ of garnishment to issue. to contain. [No. 73.] AN ACT to amend section one of an act entitled "An act to authorize proceedings by garnishment in the circuit courts and the district court of the Upper Peninsula," approved March sixteenth, eighteen hundred and sixty-one, as the same has been amended by the several acts amendatory thereof, the same being section eight thousand and fifty-eight of Howell's Annotated Statutes of the State of Michigan. SECTION 1. The People of the State of Michigan enact, That section one of an act entitled "An act to authoriz proceedings by garnishment in the circuit courts and the district court of the Upper Peninsula," approved March sixteen, eighteen hundred and sixty-one, as the same has been amended by the several acts amendatory thereof, the same being section eight thousand and fifty-eight of Howell's Annotated Statutes of Michigan, be and the same is hereby amended so as to read as follows: ($8058.) SEC. 1. That in all personal actions arising upon contract, express or implied, brought in the several courts or municipal courts of civil jurisdiction, whether commenced by declaration, writs of capias, summons or attachment, and in all cases where there remains any sum unpaid upon any judgment or decree rendered in any of the several courts herein before mentioned or upon any transcript of a judgment filed in said courts, if the plaintiff, his agent or attorney, shall file with the clerk of said circuit court at the time of, or after the commencement of suit, or at any time after rendition of judgment or decree or the filing What affidavit of a transcript of judgment, an affidavit stating that he has good reason to believe, and does believe, that any person (naming him) has property, money, goods, chattels, credits or effects in his hands or under his custody or control, belonging to the defendant or any or either of the defendants, or that such person is indebted to the defendants, or any or either of the defendants, whether such indebtedness is due or not, and that the principal defendant, or any or either of the defendants (naming him or them), is justly indebted to the plaintiff on such contract, judgment, decree or transcript, in a given amount, over and above all legal set-offs, and that the plaintiff or affiant is justly apprehensive of the loss of the same, unless a writ of garnishment issue to the aforesaid person, a writ of garnishment 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, or the rendition of judgment or decree against the principal defendant, or any or either of the defendants, or the filing of a transcript of judgment, and the filing of the affidavit 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 clerk of said court, touching his liability as garnishee of the principal defendant, or Service of writ, etc. any or either of the defendants (naming him or them), as charged in said affidavit, and thenceforth pay no money and deliver no property to the principal defendant, or any or either of the defendants, and of said writ make due return. Approved May 4, 1889. [No. 74.] AN ACT to amend section six hundred and twenty-six of Howell's Annotated Statutes of Michigan, as amended by section one of act number one hundred and seventeen of the public acts of eighteen hundred and eighty-seven, approved May third, eighteen hundred and eighty-seven, relative to the application, appointment and qualification of notaries public. amended. SECTION 1. The People of the State of Michigan enact, That Section section six hundred and twenty-six of Howell's Annotated Statutes of the State of Michigan, as amended by section one of public acts number one hundred and seventeen of eighteen hundred and eighty-seven, relative to the application, appointment and qualification of notaries public, be amended so as to read as follows: (§626.) SEC. 1. The Governor may appoint one or more persons Notaries public, notaries public in each county of this State, who shall hold their how appointed. [offices] office respectively for four years from the date of their appointment, unless sooner removed by the Governor. No person Qualifications shall be eligible to receive such an appointment unless he or she for. shall be, at the time of making application for appointment, of the age of twenty-one years, a resident of the county of which he or she desires to be appointed notary public, and a citizen of this State. The person desiring to be appointed shall make a written applica- Application for, This act is ordered to take immediate effect. [No. 75.] AN ACT to provide for one additional judge in the judicial circuit in which the county of Saginaw is or may be situated, being now the tenth judicial circuit. Additional circuit judge. Election of, term of, etc. Vacancy declared. How filled. Term. Subsequent vacancies. Laws, etc., to apply to such judge. Co-ordinate Quorum, business, how assigned, etc. SECTION 1. The People of the State of Michigan enact, That there shall be one additional circuit judge in the judicial circuit in which the county of Saginaw is or may be situated, the same now being the tenth judicial circuit, to be elected as in this act provided. SEC. 2. At the general spring election, to be held in the year eighteen hundred and ninety-three, and at the general spring election every sixth year thereafter, an additional circuit judge shall be elected, to hold his office for six years from and after January first, after his election. The additional office of circuit judge created by this act shall be deemed vacant from and after the day when this act shall take effect, and such vacancy shall be filled by appointment of the Governor. The judge so appointed shall enter upon the discharge of his duties immediately upon his appointment and qualification. The term of the judge 80 appointed shall end December thirty-first, eighteen hundred and ninety three. Subsequent vacancies in such office shall be filled as provided by law for filling vacancies in the office of circuit. judge. SEC. 3. All the laws and rules of court relative to circuit courts and the terms thereof, and the powers and duties of circuit judges, shall apply to such judge and the courts held by him. SEC. 4. The two judges of said circuit court shall have equal power of judges, and co-ordinate powers and duties, and one of them shall constitute a quorum for the transaction of business. The judge holding office at the time when the judge elected under this act shall enter upon the duties of his office shall assign and apportion from time to time, by order on the journal of the court, in general terms, the business of said court between them, for the succeeding calendar year. The other judge shall assign and apportion the business of the court for the next year; and in this manner the two judges and their successors shall alternate in assigning and apportioning the business of the court. How business to be disposed of, etc SEC. 5. Each judge shall proceed to hear, try and dispose of the business so assigned to him with the same force and effect as if he was the only judge of said circuit, and subject to and with the power and authority conferred by all the rules of practice, and of law applicable to circuit courts having only one judge, and thereupon said judge may proceed with the trial or hearing or other business so assigned to him in the principal court room, or in a separate room attended by the clerk or one of his deputies, and by the sheriff, or one or more of his deputies, by a stenographer, and by jurymen not engaged in the trial of other causes, if it be a cause to be tried by a jury, and such judge, while so sitting for the transaction of business, shall have all the powers of any circuit judge sitting in any circuit court in this State, and the proceedings shall be regarded as proceedings of the circuit court had in open court and at a session of the said circuit court. If a sufficient number of jurymen shall not be in attendance upon the court, and not engaged on the trial of other causes, said judge may direct talesmen to be summoned as in other cases. The said |