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Additional judge.

When deemed vacant.

Term.

Laws, etc., applicable.

Powers and duties.

Apportionment of business.

[No. 136.]

AN ACT to provide one additional judge in the judicial cir cuit in which the county of Ingham is, or may be situated, being now the thirtieth judicial circuit.

The People of the State of Michigan enact:

SECTION 1. There shall be one additional judge in the judicial circuit in which the county of Ingham is, or may be situated, the same now being the thirtieth judicial circuit.

SEC. 2. 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 qualify and enter upon the discharge of his duties within ten days after his appointment, and continue until his successor shall be elected and qualified.

SEC. 3. All 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 to the court held by him.

SEC. 4. The two judges of such circuit shall have equal and co-ordinate powers and duties, except as otherwise herein provided, and one of them shall constitute a quorum for the transaction of business. The judge holding office at the time when the judge appointed to fill the vacancy declared by this act enters upon the duties of his office, shall assign and apportion from time to time, by order entered on the journal of the court, the business of said court between the said judges for the balance of the year. The other judge shall assign and apportion the business of the court between them for the next year, and thereafter the two judges and their successors, shall alternate in assigning and apportioning the business of the court. They may sit separately or together, in the hearing or trial of causes, or on all questions coming before them, and either may reserve for the consideration of both any question of law arising upon the trial or hearing, or that may Findings, etc., otherwise be submitted. When sitting together, the findings, orders, rulings, decisions, judgments or decrees shall be made by the judge to whom the cause was assigned, and the other shall be advisory only.

Sittings.

by whom

made.

Hearing, 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 court, 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 court-room, at

tended 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 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 recorded as proceedings of the circuit court had in open court and at a session of said circuit court. If a sufficient number of jurors shall not be in Talesmen. attendance upon the court who are not engaged in the trial of other causes, said judge may direct talesmen to be summoned in the manner provided by law. The said judges may make rules from time to time in relation to the making up of the trial docket, and as to the disposition of the business of the court not inconsistent with the general laws of the State.

SEC. 6. In the absence, illness, or inability from other In case of cause of either judge to do any business assigned to him, the absence, etc. same shall be done by the other except as otherwise provided.

record of

SEC. 7. A record of the proceedings before the judges To keep shall be kept on the journal of the court, each entry showing proceedings. before what judge the proceedings were had. Each judge shall sign the record of all the proceedings before him and each judge shall sign all orders and decrees made by him.

how heard,

etc.

SEC. 8. All cases made, motions for new trial, bills of ex- Cases, etc., ceptions and settlement of cases for review in law and chancery shall be heard, settled and certified by the judge before whom the trial or hearing was had except as provided in section six. No order shall be stayed, nor shall any stay of proceedings or injunction be had or set aside, modified or dissolved, except by the judge trying the case or making the order or granting the injunction, excepting that in case of the absence from the county, sickness or other cause disabling such judge from acting, the other judge shall have power to stay, modify, set aside or dissolve such order or injunetion. Neither judge shall grant an application which shall have been denied by the other.

courtroom,

etc.

SEC. 9. Such additional court-room and facilities shall be Additional provided by the board of supervisors of Ingham county for courts held at the city of Mason, and by the common council of the city of Lansing for courts held at such city, on the passage of this act, as shall be requisite for the prompt and decent dispatch of business.

SEC. 10. The circuit judge, or either of them, may author- Assistant ize the stenographer in said circuit to employ one or more stenographers. temporary assistant stenographers, and in such case the judge so authorizing such employment shall fix the compensation to be paid for such services, and shall from time to time audit and allow the account of such assistant, but in no Compensation, instance shall the compensation exceed five dollars per day, and thereupon the county clerk shall draw an order on the

38

limit of.

county treasurer for the amount so audited and allowed, and the county treasurer is hereby authorized and required to pay the same.

Approved May 26, 1909.

Publication.

[No. 137.]

AN ACT to provide for publication of the State Constitution with the Public Acts of nineteen hundred nine.

The People of the State of Michigan enact:

SECTION 1. The Secretary of State shall publish with the Public Acts of nineteen hundred nine the Constitution of nineteen hundred eight, with annotations relative to changes from the old Constitution as now prepared for publication in the legislative manual.

Approved May 26, 1909.

Governor to

mission.

Duty of.

[No. 138.]

AN ACT to provide for the appointment of a commission of five citizens of the State of Michigan to make an investigation into the subject of vagrancy, habitual drunkenness, disorderly persons and similar subjects, and to report their findings to the next session of the legislature with recommendations for a revision of the statutes relating to said subjects.

The People of the State of Michigan enact:

SECTION 1. The Governor is hereby directed to appoint a appoint com- commission consisting of five citizens of the State of Michigan, on or before the first day of December, nineteen hundred nine. Said commission shall meet and proceed to investigate, in such manner as they may deem advisable, the subject of vagrancy, habitual drunkenness, offenses desig nated as disorderly conduct, and similar offenses, covering in their investigation not only methods in force in this State, but in any other states and foreign countries.

Compensation.

SEC. 2. Said commission shall serve without compensa tion and without expense to the State.

SEC. 3. Said commission shall prepare a report of its in- Report. vestigation and present the same in written or printed form to the next regular session of the legislature, embodying in said report such recommendations as they may deem advisable to make regarding an amendment or revision of the statutes relating to the subjects enumerated above. Approved May 26, 1909.

[No. 139.]

AN ACT relative to the maintenance and construction of hospitals and sanatoria within the counties of this State and to provide a tax to raise moneys therefor.

The People of the State of Michigan enact:

supervisors

SECTION 1. The several boards of county supervisors of Board of this State may raise by a tax to be levied on the property of may raise by said county, subject to taxation for county purposes, a sum taxation. of money to be used for constructing or maintaining or assisting to construct or maintain any hospital or sanitarium within said county. The said board of supervisors shall des- Where used. ignate the hospital or sanitarium for which the moneys so raised are to be used: Provided, That any county not having Proviso. within its boundary a hospital or sanitarium or any county though having a hospital or sanitarium within its boundary wishing to act in conjunction with any other county or counties for the purposes herein provided, may, in the judgment of the board of supervisors, use said moneys so raised in such combined undertaking of said several counties.

SEC. 2. The tax provided for herein shall be apportioned Tax, apporand collected as other taxes for county purposes. Said tax tionment, etc.

shall not exceed one tenth of one mill on each dollar of assessed valuation of said county, and in no case shall the amount exceed one thousand dollars for any one year, unless same shall have been submitted to a vote of the qualified electors of such county.

SEC. 3. When the tax herein provided for shall be col- How paid. lected it shall be paid to the institution for which the same is raised, upon the warrant of the president and secretary thereof from time to time as vouchers are presented, and shall be expended by said board for the use of said institution within the limits prescribed by this act.

SEC. 4. It shall be the duty of the trustees or other offi- Trustees, etc., duty of. cers of any hospital or sanitarium receiving any such assistance, to report once a year to the board of supervisors of

what to contain.

Annual report, the county granting such assistance. Such report shall set forth in detail the number of the patients cared for during the year, the average cost per person, the amount of money received from all sources, the amount of money expended and to whom paid, and a tabulated statement of the number of persons admitted, the disease, or other cause of their admission, and the disposition made of each case, which said report shall be included and made a part of the record of said board of supervisors.

Approved May 26, 1909.

Board of

prison in

constituted.

[No. 140.]

AN ACT to create a State board to be known as the board of prison industries of Michigan, and to define the duties, powers and authority of said board, and to prohibit the making of any new contract or extending the provisions or time of any existing contract.

The People of the State of Michigan enact:

SECTION 1. The members of the boards of control of the dustries, how Michigan State Prison at Jackson, the State House of Correction and Branch of the State Prison in the Upper Peninsula at Marquette and the Michigan Reformatory at Ionia shall, within sixty days after this act takes effect, meet at the call of the Governor, and the Governor shall select from the State boards three of their number, one from each board, who, with the Governor, shall constitute a board to be known Term of office. as the board of prison industries of Michigan. The term of office of each shall be the length of time their terms run as members of the State boards of control and any vacancy shall be filled at a joint meeting of boards of control called by the Governor, who shall fill the vacancy. One of its members shall be elected chairman and one secretary.

Officers.

Duties of.

Products, non-com

petitive.

Investigation.

SEC. 2. The members of said board shall at once commence to make a full investigation into the methods of prisons of other states with a view to establishing in Michigan a system of prison industries best calculated to promote the interests of the State and welfare of the prisoners. The industries recommended to be established in our prisons shall as far as possible be of such nature that their products will not conflict or compete with the products of any of the established industries within the State of Michigan.

SEC. 3. The board shall also make an investigation as to the amount of goods that are used in the several State institutions and the offices of the various political divisions of

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