hundred and seventy-three, be and the same is hereby amended so as to read as follows:

writ of garnish

(6465.) SEC. 1. In all personal actions arising upon contract, In what cases express or implied, or upon judgment or decrce, or whenever any ment may issue. sum is due upon any judgment or decree already rendered in any of the courts of record of this State, if the plaintiff, his agent or attorney, shall file with the clerk of the court in which such action is commenced or such judgment or decree has been rendered, an affidavit stating that he has good reason to believe and does believe that any person, naming him, has property, money, goods, chattels, credits, and effects in his hands, or under his control, belonging to the defendant, or that such person is in anywise indebted to the principal defendant, whether such indebtedness is due or not, that the defendant, naming him, is justly indebted to the plaintiff in a given amount over and above all legal set-offs, and that the plaintiff 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 suit or the rendition of judgment or decree against the principal defendant and the filing of the affidavit aforesaid, and thereupon commanding said sheriff to warn and summons 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, naming him, as charged in said affidavit, and thenceforth to pay no money and deliver no property to the principal defendant, naming him, and of said writ to make due return. Approved May 22, 1877.

[No. 180.]

AN ACT further to preserve the purity of elections, and guard against abuses of the elective franchise, by providing for the identification of the ballots of unqualified voters, in cases of contested elections.

lists to be num

SECTION 1. The People of the State of Michigan enact, That Names on poll at every general, special, township, and charter election in this bered in figures. State, it shall be the duty of the inspectors of election of each voting precinct, to cause to be numbered in figures, and in numerical order, the name of every person entered upon the poll lists required by law to be kept at such election; which figures shall be placed against the names on such poll lists at the time of the entry of said names thereon.

number on bal

SEC. 2. Whenever, at any general, special, township or charter Endorsement of election, in this State, the ballot of any person who has been of challenged as an unqualified voter, and who has taken the oath challenge. provided by law in such case to be taken, shall be received by the

be canceled.

inspectors of election, it shall be the duty of said inspectors to cause to be plainly endorsed on said ballot, with pencil, and in the manner hereinafter provided, before depositing the same in the ballot box, the number corresponding to the number placed against Other figures to such voter's name on the poll lists; and it shall further be the duty of such inspectors to cancel all other figures appearing on the back of said ballot, without opening the same: Provided, That in case a Proviso-ballots ballot shall be so folded, defaced, printed or prepared that such number cannot be legibly and permanently written on the back thereof, it shall be the duty of said inspectors to refuse to accept such ballot.

defaced, etc., to be refused.

Endorsement to

be concealed with blank paper.

Penalty for exposing endorsement.

Proceedings in

election.

SEC. 3. To prevent the identification of said ballot, except as hereinafter provided, it shall be the duty of the inspectors of election to cause to be securely attached to said ballot, with mucilage or other adhesive substance, a slip or piece of blank paper, of the same color and appearance, as near as may be, as the paper of the ballot, in such manner as to cover and wholly conceal said endorsement, but not to injure or deface the same; and if any inspector, clerk, or other officer of an election shall afterward expose said endorsement, or remove the said slip of paper covering the same, or attempt to identify the ballot of any voter, or suffer the same to be done by any other person, he shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be amenable to the provisions of compiler's section seven thousand seven hundred and sixty-nine of the compiled laws of eighteen hundred and seventy

one.

SEC. 4. In case of a contested election, on the trial thereof case of contested before any court of competent jurisdiction in this State, it shall be competent for either party to the cause, to have produced in court the ballot boxes, ballots and poll lists used at the election out of which the cause has arisen, and to introduce evidence proving or tending to prove that any person named on such poll lists, was an unqualified voter at the election aforesaid, and that the ballot of such person was received as provided in section two of this act; and on such trial, the correspondence of the number endorsed on a ballot as herein provided, with the number against the name of any person on the poll lists, shall be received as prima facie proof that such ballot was cast by such person: Provided, That the ballot of no person shall be inspected or identified, under the provisions of this act, unless such person shall consent thereto in writing, or unless such person has been convicted of falsely swearing in such ballot, or unless the fact that such person was an unqualified voter, at the time of casting such ballot, has been determined as provided in section five of this act.

Proviso-in

spection of ballot.

Proceedings after issue joined.

SEC. 5. After issue joined in any case of contested election, either Petition to court. party to the cause may present a petition to the court before which the said cause is to be tried, setting forth among other things, that the petitioner has good reason to belive and does believe that one or more voters at the election out of which the cause has arisen, naming him or them, and stating his or their place of residence,

mine qualifica

were unqualified to vote at such election; that he believes the same can be established by competent testimony; that the ballot or ballots of such voter or voters were received after being challenged, as provided by law, and praying that the court may try and determine the question of the qualification of such voter or voters to vote at said election, which petition shall be verified by the oath of the petitioner or some other person acquainted with the facts; and Issue to deterthereupon the court shall direct an issue to be formed, within a tion of voter. time to be fixed therefor, for the purpose of determining the question of the qualification of the voter or voters named in said petition, to vote at said election; and such issue shall stand for trial as in other cases, and the verdict of the jury or judgment of the court upon such issue so made shall be received upon the trial of the principal issue in said cause, as conclusive evidence to establish or to disprove the said qualifications of said voter or voters.

dorsement.

SEC. 6. On said trial, it shall be the duty of the judge presiding Judge to remove thereat, and of no other person, to remove from all ballots the slips slips over enof paper concealing the said endorsements until all ballots are found having thereon the numbers agreeing with the numbers against the names of such persons on the poll lists as have been To replace slips. proved unqualified voters as aforesaid, and immediately thereafter to replace slips of paper upon all other ballots from which he has taken the same, in the same manner as is provided in section three of this act, for the inspectors of election.

Approved May 22, 1877.

[No. 181.]

authorized t

AN ACT to provide for the building of a bridge across the Muskegon river at the point where said river is crossed by the Grand Rapids and Big Rapids State road, in the county of Mecosta. SECTION 1. The People of the State of Michigan enact, That Board of control the board of control of State swamp lands be and are hereby appropriate authorized to appropriate five (5) sections of State swamp land in swamp lands for the Lower Peninsula, not otherwise appropriated, or so much thereof as may be necessary, for the purpose of constructing a bridge across the Muskegon river at the point were said river is crossed by the Grand Rapids and Big Rapids State road, in the township of Mecosta, in the county of Mecosta, in this State: Pro

building bridge.

vided, That said bridge shall be constructed, and said expenditure How construct. made in pursuance of the provisions of law relative to the con- ed, etc.

struction of swamp land State roads, under the supervision of the

State Swamp Land Commissioner and said board of control.

SEC. 2. This act shall take immediate effect.

Approved May 22, 1877.

[No. 182. ]

Landlords to

tinguishers,

keep night watch, etc.

AN ACT for the protection of guests in hotels from danger by fire. SECTION 1. The People of the State of Michigan enact, That provide fire ex- it shall be the duty of all owners or keepers of hotels or public houses more than two stories high to provide such hotel [hotels] or public house [houses] with a sufficient number of fire extinguishers and a suitable fire alarm that can be heard in all parts of the house, and to keep a competent night-watch during every night guests are lodged within such hotel or public house; and they shall keep all halls and stairways well lighted all night; and at the head of each flight of stairs a red light, and no other red lights shall be used in said hotels.

Appointment

and duties of committee.

Duty of boards

on receipt of report of committee.

SEC. 2. It shall be the duty of the township board, the board of trustees of every village, and the common council of every city in which is located any hotel more than two stories high, to appoint a committee of three competent persons, one of whom shall be the chief of the fire department or the fire warden in all places having such officers, whose duty it shall be to visit and examine all such hotels within the township, village, or city in which they are appointed, and to report to said board or council as soon as practicable such recommendations as they may deem proper for the protection of guests from danger from fire.

SEC. 3. It shall be the duty of [the] township or village board or city council, on receiving such report, to cause all needful alterations and additions or provisions necessary for the safety of guests from fire to be made within sixty days, and cause a notice to be served on the owner or keeper of such hotel, stating the alterations and additions or provisions to be made, either by ropes furnished the sleeping rooms of the hotels, or by ladders and such other means as they may think best to secure the safety of the guests; and all such expense shall be paid by the owner thereof. And if Fine for neglect any owner or keeper of such hotel shall neglect or refuse to comply with such requirements within the time and in the manner specified in said notice, he or they shall be liable to a fine of not less than twenty-five dollars and not more than one hundred dollars for each month that he or they shall fail to comply with this act; and all fines accruing under this act shall be collected in the same manner as is now provided by law, and shall go to the use of the library of the township, village, or city where collected.

to comply with

requirements of board.

Annual exami

SEC. 4. It shall be the duty of the township board, the president nation of hotels, and directors of any village, and mayor and common council of any city, to examine or cause to be examined at least once in each and every year all such hotels within their respective corporations; and it shall be their duty to enforce or cause to be enforced the provisions of this act: Provided, That the provisions of this act shall not apply to hotels having less than thirty rooms used for guests.

Proviso.

Approved May 22, 1877.

[No. 183.]

AN ACT to reorganize the judicial circuits of this State, and to create the twenty-third judicial circuit.

SECTION 1. The People of the State of Michigan enact, That Judicial circuits. the several judicial circuits of this State shall be and the same are

hereby reorganized, and the several circuits shall each consist of

the counties hereinafter named:

First, The counties of Lenawee, Monroe, and Hillsdale shall be First. formed into and constitute a judicial circuit, to be known and designated as the First Judicial Circuit;

Second, The counties of Berrien and Cass shall be formed into Second. and constitute a judicial circuit, to be known as the Second Judicial Circuit;

Third, The county of Wayne shall be formed into and constitute Third. a judicial circuit, to be known as the Third Judicial Circuit;

Fourth, The counties of Ingham, Jackson, and Washtenaw shall Fourth. be formed into and constitute a judicial circuit, to be known as the Fourth Judicial Circuit;

Fifth, The counties of Barry, Eaton, and Calhoun shall be Fifth. formed into and constitute a judicial circuit, to be known as the Fifth Judicial Circuit;

Sixth, The counties of Lapeer and Oakland shall be formed into sixth. and constitute a judicial circuit, to be known as the Sixth Judicial Circuit;

Seventh, The counties of Tuscola, Genesee, Shiawassee, and Seventh. Livingston shall be formed into and constitute a judicial circuit, to be known as the Seventh Judicial Circuit;

Eighth, The counties of Montcalm, Ionia, and Clinton shall be Eighth. formed into and constitute a judicial circuit, to be known as the Eighth Judicial Circuit;

Ninth, The counties of Van Buren and Kalamazoo shall be Ninth. formed into and constitute a judicial circuit, to be known as the Ninth Judicial Circuit;

Tenth, The county of Saginaw shall be formed into and consti- Tenth.
tute a judicial circuit, to be known as the Tenth Judicial Circuit;
Eleventh, The counties of Chippewa, Mackinac, Manitou, Delta, Eleventh.
and Menominee shall be formed into and constitute a judicial
circuit, to be known as the Eleventh Judicial Circuit;

Twelfth, The counties of Ontonagon, Houghton, Keweenaw, Twelfth.
Marquette, Schoolcraft, Baraga, and Isle Royale shall be formed.
into and constitute a judicial circuit, to be known as the Twelfth
Judicial Circuit;

Thirteenth, The counties of Emmet, Charlevoix, Antrim, Lee- Thirteenth lanaw, Grand Traverse, Kalkaska, and Missaukee, and Cheboygan shall be formed into and constitute a judicial circuit, to be known as the Thirteenth Judicial Circuit;

Fourteenth, The counties of Mecosta, Muskegon, Newaygo, and Fourteenth. Oceana shall be formed into and constitute a judicial circuit, to be known as the Fourteenth Judicial Circuit;