Section amended. Defendant's witness fees in in certain cases. [No. 24. ] AN ACT to amend section seven thousand four hundred and ninety-two of the compiled laws of eighteen hundred and seventyone, the same being section one of an act entitled "An act providing for the payment of the fees of certain officers for services rendered in criminal cases," approved April second, eighteen hundred and forty-nine. SECTION 1. The People of the State of Michigan enact, That section seven thousand four hundred and ninety-two of the compiled laws of eighteen hundred and seventy-one, the same being section one of an act entitled "An act providing for the payment of the fees of certain officers for services rendered in criminal cases," approved April two, eighteen hundred and forty-nine, be so amended as to read as follows: (7492.) SEC. 1. If any person accused of any crime or misdecriminal cases to meanor, and about to be tried therefor in any court of record in this be paid by people State, shall make it appear to the satisfaction of the judge presiding over the court wherein such trial is to be had, by his own oath, or otherwise, that there is a material witness in his favor within the jurisdiction of the court, without whose testimony he cannot safely proceed to a trial, giving the name and place of residence of such witness, and that such accused person is poor and has not and cannot obtain the means to procure the attendance of such witness at the place of trial, the judge in his discretion may, at a time when the prosecuting officer of the county is present, make an order that a subpoena be issued from such court for such witness in his favor, and that it be served by the proper officer of the court. And it shall be the duty of such officer to serve such subpoena, and of the witness or witnesses named therein to attend the trial, and the officer serving such subpoena shall be paid therefor, and the witness therein named shall be paid for attending such trial, in the same manner as if such witness or witnesses had been subpoenaed in behalf of the people. Approved March 9, 1877. [No. 25. ] Section amended. Sureties-justifi. cation by. AN ACT to amend section sixteen of chapter two hundred and thirteen of the compiled laws of eighteen hundred and seventyone, entitled "The action of replevin." SECTION 1. The People of the State of Michigan enact, That section sixteen of chapter two hundred and thirteen of the compiled laws of eighteen hundred and seventy-one, being compiler's section six thousand seven hundred and forty-one, be amended so as to read as follows: (6741.) SEC. 16. Within twenty days after the service of such notice on the officer, the sureties in the bond so executed by the plaintiff shall each justify by making an affidavit that he is a free holder in this State, and is worth double the amount of the penalty of such bond over and above all demands and legal exemptions, or within the same time a new bond similar to that herein required before delivery to the plaintiff of the property replevied, shall be executed with new sureties, who shall justify in the same manner herein provided. Approved March 9, 1877. [No. 26.] AN ACT to amend section fifty-seven of chapter one hundred and seventy-six, being section five thousand and ninety-three of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and eighty-six of the session laws of eighteen hundred and seventy-three, approved April twenty-nine, eighteen hundred and seventy-three, relative to the courts of chancery. amended. SECTION 1. The People of the State of Michigan enact, That Section section fifty-seven of chapter one hundred and seventy-six, being section five thousand and ninety-three of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and eighty-six of the session laws of eighteen hundred and seventy-three, approved April twenty-nine, eighteen hundred and seventy-three, relative to the courts of chancery, be amended so as to read as follows: examine wit before circuit (5093.) SEC. 57. Either party to a cause in chancery shall have Either party may the right to an examination of all the witnesses in the case, in open nesses in open court, as in a suit at law, if within ten days after the cause is at court. issue he gives notice in writing to the opposite party of his intention to claim such right, in which case no commission shall issue, nor examination of witnesses be had before a circuit court commissioner; but the cause shall be heard in its course on the calendar by examination of witnesses in open court, unless the court, on cause shown, shall otherwise direct, as in a suit at law: Provided, Examination That if notice shall not be given at the time and in the manner court commisaforesaid, a commission may be issued and the testimony taken be- sioner. fore a circuit court commissioner, as provided by the rules and practice of said court: And provided further, That in case any cause in chancery shall be so tried in open court, either party shall Case setting forth be entitled to make and settle a case setting forth the evidence at large, before the judge who tried the same, at such time and in such judge. manner, as said judge shall direct, or as shall be prescribed by the rules of said court. And such case being made and filed within Deemed sixty days after the entry of the final order or decree therein, the evidence. same shall be deemed to be the evidence and proceedings therein to the same extent, and with the like effect, as if the testimony had been taken before a circuit court commissioner, and the cause conducted according to the ordinary practice in chancery: And pro- Extension of vided further, That the circuit court, in which the case shall have evidence may be made before time. Appeal. been tried, or the judge thereof, shall have power, on special motion and proper showing to grant an extension of the time for making and filing such case for a period not exceeding three months from and after the date of the entry of such decree or final order, and upon the case so made and filed an appeal may be taken to the Supreme Court, by any of the parties, as in ordinary chancery cases. Approved March 9, 1877. Section amended. Fees for transcripts, etc., es. tablished. [No. 27.] AN ACT to amend section two hundred and fifty-four of the compiled laws, being an act to establish the rate of fees to be charged by the Auditor General, for furnishing transcripts, lists, abstracts, and certificates. SECTION 1. The People of the State of Michigan enact, That section two hundred and fifty-four of the compiled laws, being An act to establish the rate of fees to be charged by the Auditor General for furnishing transcripts, lists, abstracts, and certificates,' be and the same is hereby amended so as to read as follows: (254.) SECTION 1. The People of the State of Michigan enact, That the Auditor General shall make, or cause to be made, on proper application, and for the benefit of the parties interested, transcripts of any papers or records on file in his office, upon pay. ment by the applicant of the following fees: For abstracts of taxes on any description of land, three cents for each year covered by such abstract; for abstract with statement of name and residence of taxpayer, twelve cents per year for each description of land; for list of State tax lands or State bids, two cents for each description of land therein; for one copy of any paper or document, at the rate of ten cents per one hundred words; for each certificate, twentyfive cents: Provided, That in no case shall any abstract, lists, or copy, made as required by this act, be furnished for a less sum than twenty-five cents; and such fees, when collected, shall be paid into the State Treasury and placed to the credit of the general fund : Proviso-certain Provided further, That in all cases when receipts, showing the without charge. payment of taxes returned delinquent are presented to the Auditor General for cancelment or rejection of such taxes, and to be filed as a voucher therefor, he shall issue certified copies of the same without charge: Provided further, That in cases where transcripts of such receipts are made of such portion necessary to be filed as voucher, the Auditor General shall make and file such transcript without charge. Proviso. Where paid. copies furnished Proviso. Approved March 9, 1877. [No. 28. ] AN ACT to provide for the appointment of an assistant prosecuting attorney for the county of Wayne. SECTION 1. The People of the State of Michigan enact, That the Prosecuting prosecuting attorney of the county of Wayne is hereby authorized torney to ap and empowered to appoint an assistant prosecuting attorney. point. SEC. 2. That the salary of said assistant prosecuting attorney Salary. shall not exceed the sum of fifteen hundred dollars or be less than twelve hundred dollars per annum. SEC. 3. That the salary of said assistant prosecuting attorney Salary to be fixed shall be fixed by the board of county auditors of Wayne county, and by board of counshall neither be increased or diminished during the term for which he shall be appointed. SEC. 4. That said assistant prosecuting attorney shall hold office Term of office. during the pleasure of the prosecuting attorney. bilities. SEC. 5. That said assistant prosecuting attorney shall perform Duties and disa. such duties as may be required of him by the prosecuting attorney, and shall be subject to all the disqualifications and disabilities of the prosecuting attorney, and shall, before entering on the duties Oath of office. of his office, take and subscribe the oath of office prescribed by the constitution of this State. SEC. 6. This act shall take immediate effect. [No. 29. ] AN ACT to facilitate the organization of mutual benefit and coöperative associations within this State. 999 surance laws, SECTION 1. The People of the State of Michigan enact, That Mutual benefit and co-operative sections ten and twenty-nine of an act entitled "An act to amend associations not sections ten and twelve of an act entitled 'An act in relation to affected by inlife insurance companies transacting business within this State, approved March thirtieth, eighteen hundred and sixty-nine, and to add three new sections thereto, to stand as sections twenty-seven, twenty-eight, and twenty-nine, it being act number eighty of the session laws of eighteen hundred and seventy-one, approved April five, eighteen hundred and seventy-one, being compiler's sections two thousand nine hundred and sixty-two, two thousand nine hundred and sixty-three, and two thousand nine hundred and sixty-four of the compiled laws of eighteen hundred and seventy-one, as amended by act number fifty-five of the extra session of eighteen hundred and seventy-two, approved March twenty-nine, eighteen hundred and seventy-two, shall not be construed so as to include, apply to, or in anywise affect mutual benefit coöperative (and other benevolent) associations, organized or to be organized within this State, under and by virtue of the provisions of an act entitled "An act to provide for the incorporation of coöperative and mutual benefit associations," approved April three, eighteen hundred and sixty-nine. Approved March 12, 1877. Section amended. Quorum. Acts requiring [No. 30. ] AN ACT to amend section five of chapter five of act number sixtytwo of the session laws of eighteen hundred and seventy-five, approved April first, eighteen hundred and seventy-five, entitled "An act granting and defining the powers and duties of incorporated villages." SECTION 1. The People of the State of Michigan enact, That section five of chapter five of act number sixty-two of the session laws of eighteen hundred and seventy-five, approved April first, eighteen hundred and seventy-five, entitled "An act granting and defining the powers and duties of incorporated villages," be and the same is hereby amended so as to read as follows: SEC. 5. All meetings and sessions of the council shall be public. A majority of the council shall be a quorum for the transaction of business; a less number may adjourn from time to time and compel the attendance of absent members in such manner as shall be prescribed by ordinance. But no office shall be created or abolished, nor any tax or assessment be imposed; street, alley, or public ground be vacated, real estate or any interest therein sold or disposed of, unless by a concurring vote of two-thirds of all the trustees Vote on appro- elect; no money shall be appropriated except by ordinance or resolution of the council, nor shall any ordinance be passed, nor any resolution appropriating money be adopted, except by a concurring vote of two-thirds of all the trustees elect. priation. Section amended. Maliciously in juring house or SEC. 2. This act shall take immediate effect. [No. 31.] AN ACT to amend section forty-eight of chapter one hundred and fifty-four of the revised statutes of eighteen hundred and fortysix, being section seven thousand five hundred and ninety-nine of the compiled laws of eighteen hundred and seventy-one, relating to maliciously injuring houses or other buildings, etc. SECTION 1. The People of the State of Michigan enact, That section seven thousand five hundred and ninety-nine of the compiled laws of eighteen hundred and seventy-one, relating to offenses against property, be and the same is hereby amended so as to read as follows: (7599.) SEC. 10. Every person who shall willfully and maliciousother building, ly destroy or injure any house, barn, or other building of another, or the appurtenances thereof, if the damage resulting from etc., penalty. |