When to commence. to vacancies. his successor is appointed and qualified; but the term of office of each and every superintendent so appointed and qualified after the passage of this act, shall commence on the first day of January next succeeding his appointment, and one at least of the superintendents so appointed shall be a resident of Proviso relative the place where the county seat is located: Provided, That in case of a vacancy caused by the death or removal of either of said superintendents, or otherwise, the said vacancy may be temporarily filled by an appointment made by the judge of probate of such county by an order duly entered upon the record of his court upon petition of the remaining members of said board of superintendents showing such vacancy, and that the board of supervisors is not then in session, and [by an order duly entered upon the record of his court,] which superintendent so appointed shall hold office until the next meeting of the board of supervisors. The supervisors shall, at their first meeting held after such vacancy occurs, appoint a successor for the unexpired term. Before entering upon the duties of his office each superintendent shall take the oath of office prescribed in the eighteenth article of the constitution and file the same in the office of the county clerk. This act is ordered to take immediate effect. Territory. Office of circuit [ No. 6. ] AN ACT to create the thirtieth judicial circuit, providing for the holding of courts therein, and for the employment, duties, and compensation of a stenographer for said circuit. SECTION 1. The People of the State of Michigan enact, That the counties of Ingham and Livingston shall constitute the thirtieth judicial circuit. SEC. 2. The office of circuit judge of the thirtieth judicial judge, how filled. circuit shall be filled by appointment by the Governor. The person appointed shall hold the office until the spring election to be held on the first Monday in April in the year eighteen hundred and ninety-one. At the spring election to be held on the first Monday in April, eighteen hundred and ninetyone, the qualified voters of the counties of Ingham and Livingston shall elect a circuit judge for said circuit, who shall hold his office until the first day of January in the year eighteen hundred and ninety-four, and until his successor is elected and qualified. The sheriffs of the counties of Ingham and Livingston shall, at least thirty days before the first Monday in April in the year eighteen hundred and ninety-one, notify the township clerk of each township in said counties and the inspectors of election in any city in said counties of said election of circuit judge, and said town Term of office. Notice of election, etc. ship clerks and inspectors of election shall post notices thereof in the usual manner of posting election notices, at least ten days previous to said election. Said election shall be conducted and return therefor made in the manner provided by law for the election of circuit judges, and the State board of canvassers shall, upon receiving returns of said election canvass the votes, and deliver to the person elected a copy of their determination and certificate of election. of holding court. SEC. 3. Court shall be held in said circuit in the year Terms and places eighteen hundred and ninety-one, as already appointed by the judges of the fourth and seventh judicial circuits and all the provisions of "An act requiring certain of the regular terms of the circuit court for the county of Ingham and until his successor is elected and qualified to be hereafter held within the city of Lansing, approved May 11, 1883," shall remain and continue in force after this act shall take effect. stenographer etc. SEC. 4. The Governor, upon [the] recommendation of the Appointment of circuit judge of said circuit, by him appointed, shall appoint an official stenographer for said circuit, who shall be deemed an officer of said court, and who shall, before entering upon Official oath, the discharge of his duties, take, subscribe, and file with the clerk of said court, the constitutional oath of office, said oath to be administered by the circuit judge of said circuit. SEC. 5. The stenographer of said circuit shall hold office Term of office, during the pleasure of the Governor; he may be suspended for misconduct, by the court, or in case of the death or resignation of the stenographer, or his inability to perform the duties of his office, the office shall be vacant, and it shall be the duty of the Governor, upon receiving notice of the facts, upon the recommendation of the circuit judge, to fill said office by appointment. But if said stenographer shall be when judge may temporarily incapacitated by sickness or absence, the circuit appoint judge may appoint some competent person to act in his place. portioned be. tween counties. SEC. 6. Said stenographer shall receive [the] an annual salary, how apsalary of fifteen hundred dollars to be paid monthly out of the county treasuries of said counties of Ingham and Livingston in proportion to the number of suits, law and chancery, entered and commenced in said circuit for such counties respectively the preceding year upon the order of the clerks of each of said counties. Said clerks being hereby authorized and directed to draw such orders, and the county treasurer to pay the same upon presentation. And it shall be the duty of the circuit judge on the first day of January of each year, or as soon thereafter as may be, to apportion the amount of such salary to be paid by each county in his circuit on the basis aforesaid. issues of fact, etc. SEC. 7. In each and every issue of fact tried or heard Fees charged in before said court or jury, the sum of three dollars shall be paid by the parties thereto, in equal proportions, to the clerk of said court, and the same shall be paid by said clerk to the How taxed, Duties. Transcript of testimony to be furnished. county treasurer to apply upon the salary of said stenographer. The amount so paid may be taxed as costs by the prevailing party. SEC. 8. It shall be the duty of said stenographer to attend upon the court, at each term, under the direction of the court, and to take full phonographic notes of the testimony and other proceedings in the trial of cases. In case counsel for either party to any suit or proceeding shall desire a transcript of the whole or a part of the testimony or proceedings in any case, for the purpose of moving for a new trial, or removing it to the Supreme Court, it shall be the duty of the stenographer reporting said testimony or proceedings to furnish the same within such time as the judge who heard said cause or proceeding shall direct, and he shall be entitled to receive therefor from the party requiring it, the sum of six cents a folio for each folio so transcribed, except that if both parties desire said testimony, or than one copy is desired, he shall furnish all copies after the first at the rate of two cents a folio. The money so paid the stenographer shall be recovered as a part of the taxable costs of the party on said motion, or in the Supreme When transcript Court, if such party recover costs. The court may direct a transcript of the testimony and proceedings upon any trial to be made and filed by the stenographer without cost to either party. All such transcripts shall be deemed the official record of the court. Fees for tran script, when to be taxed. to be furnished without fees. Not necessary for charge of court more SEC. 9. In cases tried in said circuit in which said steto be in writing. nographer shall be employed, it shall not be necessary for the charge of the court to be in writing as provided by an act, entitled "An act to declare and establish the pratice in charging or instructing juries, and in settling the law in cases tried in circuit courts," being act number sixty-seven of the session laws of one thousand eight hundred sixty-nine, approved March 26, 1869. Section amended. This act is ordered to take immediate effect. [ No. 7. ] AN ACT to amend section ten of act number forty-nine of the public acts of one thousand eight hundred seventy-five, entitled "An act to provide for a municipal court in the city of Grand Rapids to be called 'The Superior Court of Grand Rapids,"" approved March 24, 1875, the same being compiler's section six thousand five hundred seventy-three of Howell's Annotated Statutes of Michigan, relating to the salary of the clerk of the superior court. SECTION 1. The People of the State of Michigan enact, That section ten of act number forty-nine of the public acts of one thousand eight hundred seventy-five, entitled "An act to provide for a municipal court in the city of Grand Rapids, to be called 'The Superior Court of Grand Rapids," approved March 24, 1875, the same being compiler's section six thousand five hundred seventy-three of Howell's Annotated Statutes of Michigan, be and the same is hereby amended to read as follows: ($6573.) SEC. 10. The clerk of said court shall receive Salary This act is ordered to take immediate effect. [ No. 8. ] AN ACT to amend section eighteen of chapter one hundred and fourteen of the revised statutes of eighteen hundred and forty-six, entitled "Of proceedings against debtors by attachment," being compiler's section eight thousand and three of Howell's Annotated Statutes. SECTION 1. The People of the State of Michigan enact, section That section eighteen, chapter one hundred and fourteen of amended. the revised statutes of eighteen hundred and forty-six, entitled "Of proceedings against debtors by attachment," being compiler's section eight thousand and three of Howell's Annotated Statutes, be amended so as to read as follows: fendant not SEC. 18. If it appear by the return of such writ that any Notice to be pubproperty has been attached thereon, and that neither of the lished when dedefendants could be found, the plaintiff shall, within thirty found, etc. days after such return, unless the defendants or some of them shall sooner appear in the suit, cause a notice to be published in some newspaper printed in the county for which said circuit court is held, and if no newspaper is printed in said county then in some newspaper printed in the judicial circuit in which such writ shall be returned, which notice shall state the names of the parties, the time what to state. when, and from what court, and for what sum the writ was issued and when the same was returnable, and shall be published for six successive weeks, and within ten days after such Amdavit, when publication has begun the plaintiff or some person in his filed, contents behalf shall make and file an affidavit stating that such publication has commenced, when commenced and in what newspaper giving the name thereof and where published and file said affidavit with the clerk of said circuit court, and if any plaintiff shall neglect to cause such notice to be so published or to make and file such affidavit as required in this section, of, etc. Proviso. the attachment shall be dismissed with costs: Provided, That such affidavit may be filed or amended in the discretion of the court at any time before the order of dismissal shall actually be made, on such terms as the court may impose. Approved February 18, 1891. Act repealed. [ No. 9. ] AN ACT to repeal all of act number two hundred fifty-four of the public acts of one thousand eight hundred eightynine, being an act relative to the election of Representatives to the State Legislature in districts where more than one is to be elected. SECTION 1. The People of the State of Michigan enact, That all of act number two hundred fifty-four of the public acts for the year one thousand eight hundred eighty-nine, approved July 3, 1889, be and the same is hereby repealed. Approved February 18, 1891. Sections amended. Association for establishing banks, etc. Capital stock. [ No. 10. ] AN ACT to amend sections one, twelve, twenty-seven, twenty-eight and fifty-two of act number two hundred and five of the public acts of eighteen hundred and eightyseven, entitled "An act to revise the laws authorizing the business of banking, and to establish a banking department for the supervision of such business." SECTION 1. The People of the State of Michigan enact, That sections one, twelve, twenty-seven, twenty-eight and fifty-two of act number two hundred and five of the public acts of one thousand eight hundred eighty-seven, entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," be and the same are hereby amended so as to read as follows: That any number of persons, not less than five, may associate to establish offices of discount and deposit to be known as commercial banks, and also to establish offices of loan and deposit to be known as savings banks, or to establish banks having departments for both classes of business, upon the terms and conditions and subject to the liabilities prescribed in this act, but the aggregate amount of the capital stock of any such bank shall not be less than one hundred thousand dollars, except that banks with a capital of not less than fifteen thousand dollars may |