specific perform mechanics' liens, and suits for the foreclosure of mortgages, where the matter in dispute shall not exceed one hundred dollars with costs. to the defendant. Any person, his heirs, or assigns, holding a Enforcement of mining option or agreement for a mining lease or license, containing ace of mining the usual clause found in mining leases or licenses, allowing lessees options, etc. to terminate such leases or licenses, on notice, shall have an absolute right to have such options or agreements specifically enforced in chancery, if not in default in his part of the agreement himself. Any person, his heirs or assigns, holding an agreement for an interest in any such lease or license from the lessee, shall have an absolute right to have the same specifically enforced in chancery, if not in default himself: Provided, That in all such suits for Proviso. specific performance of mining options and leases, either party shall be entitled to a jury, and the verdict of such jury shall have the same force and effect as a verdict in any other suit in chancery. The remedy herein given for the enforcement of mining options shall apply to existing as well as future options. Approved June 5, 1883. [No. 146. ] AN ACT to provide for taking the census and statistics of this State. census enumera SECTION 1. The People of the State of Michigan, enact, That Appointment of after the annual township meeting, and on or before the first Mon- tors, assistday of May, in the year eighteen hundred and eighty-four, the ants, etc. township board of each organized township in this State, and the common council of each incorporated city shall appoint one census enumerator, and such number of assistants as may be necessary for each assessment district in such township or city. It shall also be Removal. the duty of each township board and common council to remove, for cause, any enumerator so appointed, and to forth with fill any vacancy that may occur in the office of census enumerator: Pro- Proviso. vided, That no member of a township board shall be ineligible to the office of census enumerator by reason of being a member of such board: Provided further, That in case the township board of any Further proviso township, or the common council of any city shall fail to appoint appointments. enumerators, as required by this section, it shall be the duty of the governor, when notified of such failure, to appoint enumerators for Duties and such township or city. The enumerators so appointed shall file liabilities of the oath of office, perform the same duties, be subject to the same penalties, and receive the same compensation as enumerators appointed by township boards and common councils. in reference to enumerators, and filed, etc. SEC. 2. That the census enumerators and assistants, so appointed, Oath to be taken shall within five days after such appointment, take and subscribe the constitutional oath of office, and file the same, if a township enumerator, with the township clerk, and if a city enumerator, with the city clerk, and it shall be the duty of the township and city clerks, immediately after the filing of such oaths, to transmit List, etc., of enumerators to the names and postoffice addresses of the persons so appointed and qualifying, to the clerks of their respective counties. SEC. 3. That the clerk of each county shall, as soon as practicbe sent to Secre- able, and before the twentieth day of May, transmit to the secretary of State a list of the names and postoffice addresses of all census enumerators, in their respective counties. tary of State. When census shall be taken, etc. Duties of enu ing census, etc. SEC. 4. That the census enumerators shall take the census and statistics required by this act, as of date June one, eighteen hundred and eighty-four. They shall commence the enumeration on the first day of June immediately following their appointment, and each enumerator shall prosecute the canvass of his township or census district from that date forward on each week-day without intermission, except for sickness or other urgent cause; and any unnecessary cessation of his work shall be sufficient ground for his removal and the appointment of another person in his place, and any person so appointed shall take the oath required of enumerators, and shall receive compensation at the same rates. And it shall be the duty of each enumerator to complete the census and statistics of his township or census district on or before the thirtieth day of June. SEC. 5. That it shall be the duty of each census enumerator, merators in tak- after qualifying in the manner required by this act, to visit personally, within the time specified in this act, each dwelling house in his township or census district, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of such family, or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information, and all the particulars required by this act. And in case no person. shall be found at the usual place of abode of such family, or individual living out of a family, competent to answer the inquiries made in compliance with the requirements of this act, then it shall be lawful for the enumerator to obtain the required information, as nearly as may be practicable, from any reliable source: Provided, That Indians not taxed shall be omitted from the enumeration: And provided further, That the census of each village shall be taken separately from that of the township in which such village is located. Proviso. Enumerators to Clerk to call meeting of township board, etc. SEC. 6. That it shall further be the duty of each census enumerator, immediately after completing the canvass of his township or district, to notify the township clerk or city clerk, as may be proper, that he has completed the census schedules of his township or district. Upon receiving such notice it shall be the duty of the township clerk to call a meeting of the township board, and of the city clerk to call a meeting of the board of review, provided by law for the assessment district constituting such census When meeting district; and, unless such meeting is held at an earlier date, it shall be held on the first week day in July, eighteen hundred and eightyfour, and due notice thereof shall be given by the said township and city clerks. At such meeting the census enumerator shall submit to such board census schedule number one, and the said to be held. enumerator to changes made. board, together with the enumerator, shall proceed to examine Board and such schedule, for the purpose of correcting the enumeration, by make correcstriking out or adding the designation of persons improperly tions, etc. enumerated or omitted; but no change shall be made in such By whom schedule, except by the census enumerator, and by him only upon evidence, satisfactory to himself, that such change is necessary to the accuracy of such schedule, and for the purpose of securing such evidence, he may swear and examine witnesses, who shall testify subject to the pains and penalties of perjury: Provided, That if Proviso. the census enumerator shall refuse to make any change deemed necessary, and demanded by the said board, then it shall be the duty of said board to make a certified statement of the change demanded by them, with the reasons therefor, which statement shall be attached to and returned with such schedule, by the census enumerator, and the census enumerator shall also attach to such schedule a certified statement of his reasons for not complying with the demand of the board. Immediately on the receipt by when new enuthe secretary of State of such schedule, with statements attached, meration may he shall carefully examine such statements, and if, in his opinion, the change demanded is of sufficient importance, he shall submit the matter to the governor, who may order a new enumeration, or make any other order in the matter he may deem just and proper: Provided, That in case the governor shall order a new enumeration, Proviso. it shall be taken as of the date of June one, eighteen hundred and eighty-four. be ordered, etc. to be forwarded SEC. 7. It shall be the duty of each census enumerator, immedi- Census schedule ately after the examination provided for in the preceding section, to return the original census schedules, duly certified, to the county clerks, etc. clerk of his county, as his returns, under the provisions of this act. And it shall be the duty of the county clerk, after satisfying himself that they are properly made out, and duly certified, to forward them to the secretary of State, on or before the tenth day of July: Provided, That if at that date the schedules of any town- Proviso. ship, or census district, have not been received by such county clerk, he shall forward the same as soon as they are received. enumerator. SEC. 8. That each census enumerator shall receive, as full com- Compensation pensation for services performed under this act, two dollars and and fees of fifty cents per day of ten hours, for the time he is actually and necessarily engaged in canvassing his township, or census district; two dollars and fifty cents per day for the review of schedule number one, provided for in section six, of this act; ten cents per mile for going to the office of the county clerk, to obtain the necessary blank schedules, and ten cents per mile for conveying the returns to the office of the county clerk; and the sum due each enumerator County clerk to shall be calculated at the rate aforesaid, by the county clerk to certify amount which the returns are made, and his certificate of the amount due shall be paid by the county treasurer: Provided, That before the Proviso. county clerk shall give to any enumerator a certificate of amount due, such enumerator shall attach a certificate, signed by him, to each schedule of said returns, in the following form, to wit: "I do Certificate of hereby certify that the census and statistics set forth in the sched due, etc. enumerator. Certificate of time spent, to be filed, etc. Compensation of members of boards. Schedules to be numbered. number one to contain. ules hereunto annexed, have been made out, in every respect, in comformity with the provisions of the act for taking the census, and statistics, of this State, for the year eighteen hundred and eighty-four, and that they are complete, and accurate, according to my best knowledge and belief." The census enumerator shall also file with the county clerk, a certified statement of the number of days actually and necessarily engaged in canvassing his township, or census district, and in the review of schedule number one, provided for in section six of this act. The township board, and members of the board, or boards of review in cities, for services performed in compliance with the requirements of section six of this act, shall be entitled to the same compensation, and be paid in the same manner, as the members of the board of review of assessments. SEC. 9. That the census schedules shall be numbered one, two, three, and four. Schedule number one shall contain inquiries as to What schedule the name, age at last birthday, sex, and color; as to the profession, occupation, or trade; as to the occupation of fathers of children under fifteen years of age; as to the place of birth, as to the [and] place of birth of parents, as to the month of birth, if born within the preceding year, and the number of children previously born of the same mother; as to the civil condition whether single, married, widowed, or divorced; as to the month and place of marriage, if married within the preceding year; as to the ability to read and write; as to the physical condition, whether insane, epileptic, idiotic, deaf and dumb, or blind; and as to the time of residence within this State of each and every inhabitant of each township and census district, on the first day of June of the year eighteen hundred and eighty-four. Schedule number one shall also designate the heads (husband and wife) of each family, and shall contain inquiries as to the relation of each person enumerated to the heads (husband and wife) of the family,-whether son, daughter, servant, boarder or other; also inquiries as to the whole number of marriages; and, by sex, the whole number of births and the whole number of deaths occurring during the preceding year. What schedule Schedule number two shall contain inquiries as to the name, age at last birthday, sex, and color; as to the profession, occupation, or trade; as to the occupation of fathers of persons under fifteen years of age, deceased; as to the place of birth, and place of birth of parents; as to the month of birth, if born within the preceding year; as to the civil conditions at time of death, whether single, married, widowed, or divorced; as to the month and place of marriage, if married within the preceding year; as to the physical condition, whether insane, epileptic, idiotic, deaf and dumb, or blind; as to the month of death, disease or other cause of death, the place where such death occurred, and time of residence within this State of each and every inhabitant whose death occurred during the preceding year. Schedule number three shall contain inquiries as to the number, size, improvements, and value of farms; as to the wages paid farm help; as to the acreage and yield of the various farm products, and as to the number of pounds of butter and cheese number two to contain. What schedule number three to contain, number four to contain. made by farmers during the preceding year; as to the number of pounds of maple sugar made the present year; as to the number of each kind of live stock on hand, the value of live stock, and as to the acreage of growing crops. Schedule number four shall con- What schedule tain inquiries as to the name of each corporation, company, or individual owning or operating each establishment of productive industry, including mines and fisheries, in which the value of the products amounts to two hundred dollars or over; as to the name of the business, manufacture, or product, and the capital, both real and personal, invested in the business; as to the kind of power used, and the kind and number of machines used; as to the average number of hands and the [number of] children or youth employed; as to the sex of the hands employed; as to the total amount paid in wages and the number of months in active operation the preceding year; as to the kind, quantity, and value of materials, and as to the kind, quantity, and value of productions the preceding year. The secretary of State may, in his discretion, add to the census schedules inquiries of special importance, not named in this section. SEC. 10. That the term "preceding year," wherever used in this Term preact, shall be construed to mean the year ending June first, eighteen hundred and eighty-four. ceding year. SEC. 11. That any enumerator who, having taken and subscribed Penalty for neglect of duty, the oath required by this act, shall without justifiable cause, neg- etc., by lect or refuse to perform any of the duties enjoined on him by this enumerators. act, within the time limited by this act, or shall communicate to any person not authorized to receive the same, any statistics of property or business included in his return, shall be guilty of a misdemeanor, and upon conviction thereof, shall forfeit a sum not exceeding three hundred dollars, or be imprisoned in the county jail not exceeding thirty days, or both such fine and imprisonment, in the discretion of the court, or if he shall willfully and knowingly make false certificates or fictitious returns, he shall be deemed guilty of a misdemeanor, and upon conviction, forfeit and pay a sum not exceeding five hundred dollars and be imprisoned not exceeding two years. bers of township ting attorney of this act. SEC. 12. That it shall be the duty of the township board of any Duty of memtownship and of each member thereof, and of the common council board, etc., to of any incorporated city, and of each member thereof, having notify prosecu knowledge of any violation of the provisions of the foregoing sec- offenses under tion by any enumerator appointed by such township board or common council, to at once notify the prosecuting attorney of the county where the offense occurred. And in case the offense consists in the failure of an enumerator to make his returns to the county clerk in proper form, duly certified and within the time prescribed by this act, then it shall be the duty of such clerk to notify the prosecuting attorney of his county. refusal of per SEC. 13. That each and every person more than eighteen years of Penalty for age, belonging to any family residing in any township, or census sons to furnish district, and in case of the absence of the heads and other members information to of any such family, then any agent of such family shall be, and when requested. each of them hereby is required, when thereto requested by the enumerator |
