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at each term and take full stenographic minutes of the testimony and proceedings upon the trial of each issue of fact tried before the court or jury at law or in chancery, and as compensation for such services he shall receive the sum of fifteen hundred dollars per annum, which said sum shall be paid in quarterly installments out of the county treasuries of the counties of said circuit, in the following Compensation to proportions and amounts: The county of Iosco nine hunbe apportioned dred dollars per annum; the county of Alcona the sum of three hundred dollars per annum, and the county of Oscoda the sum of three hundred dollars per annum; and the several county treasurers of said county shall pay the annual salary of said stenographer in quarterly installments, in accordance with this act, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid.

to counties.

This act is ordered to take immediate effect.
Approved March 16, 1895.

Appointment of stenographer.

Proviso.

May appoint deputies.

Proviso,

Duty and compensation of stenographer.

[ No. 20. ]

AN ACT providing for the employment, defining the duties and fixing the compensation of a stenographer for the thirty-fourth judicial circuit of the State of Michigan.

SECTION 1. The People of the State of Michigan enact, That a stenographer for the circuit courts composing the thirty-fourth judicial circuit shall be appointed by the Governor, on the nomination of the judge of said circuit. The person so appointed shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge. He shall be an officer of the court, and shall reside in said thirty fourth judicial circuit, and shall hold his office during the pleasure of the Governor: Provided, The court shall have power to suspend him for incompetency or misconduct, and in case of such suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.

SEC. 2. Said stenographer shall have the power to appoint one or more deputies, subject to the approval of the court, whose compensation shall be paid by the stenographer: Provided, The stenographer shall have power to revoke such appointment at any time.

SEC. 3. It shall be the duty of the said stenographer to attend upon the circuit court of each of the counties composing said circuit during each term thereof respectively, and to take full stenographic notes of all testimony given, and proceedings had upon the trial or hearing of cases therein. The stenographer so appointed shall receive

sated.

each county.

as a compensation for such services the sum of fifteen hun- How compendred dollars per annum, which said sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit. The amount to be paid by each Judge to apporof said counties shall be determined upon the basis of the ton amount to number of suits entered and commenced in the circuit courts of such counties respectively, the preceding year; and on the first of January of each year, or as soon thereafter as may be, it shall be the duty of the judge of said courts to apportion the amount of such salary to be paid by each county respectively, upon the basis aforesaid, and to notify the treasurer of each county thereof, and when so notified the treasurer of each county shall thereafter, until a new apportionment of salary is made, pay in monthly installments, the annual salary of said stenographer in accordance with said apportionment and notification of said circuit judge, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid.

SEC. 4. In case counsel for either party to any suit or To furnish proceeding at law or in equity shall desire a transcript of the transcripts. 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 of the court reporting said testimony or proceedings to furnish the same, and he shall be entitled to receive therefor from the party so requiring it, on delivery of said copy, the sum of eight cents per folio for each copy sO Fee therefor. transcribed, and should said party so ordering said transcript and at the time of giving such order signify his wish for two copies or transcripts of said stenographer's notes of said testimony or proceedings, the said stenographer shall furnish the second copy for two cents a folio, and the money so paid the stenographer for said first copy shall be recovered as a part of the taxable costs of the party in such motion or in the supreme court: Provided, That in any case the Proviso. court may order the stenographer to make a transcript of the testimony and proceedings in said case, and such transcript shall be deemed the official record of the court: Provided further, That if the presiding judge shall direct Further proviso. a copy of the testimony and other proceedings upon any trial to be made for his own use, the stenographer shall make and file the same, without costs to either party; such copy shall be made within such time as the court shall order.

by plaintiff in

SEC. 5. Each and every issue of fact, at law or in chan- Fee to be pald cery, tried or heard before the court or jury, and in each certain cases. chancery case in which the proofs are taken in open court, in which the stenographer shall be employed, shall be taxed the sum of three dollars, to be paid by the plaintiff or complainant, at the commencement of each trial or hearing, into the hands of the clerk and by him into the county treasury of the county in which said case is tried. or heard.

Preservation of notes.

Proviso,

Repealing clause.

SEC. 6. The stenographer or assistant stenographer who shall take the notes of the trial or hearing in any case, shall prefix to his notes of the testimony of each witness, the full name of said witness and the date the testimony was taken, and at the conclusion of the trial of said cause he shall securely attach together all his notes taken in said cause and properly entitle them upon the outside and safely keep the same in his office. And in the event of his death or resignation, or his removal from office or from this State, said notes shall be transferred to the county clerk of the county where the case was tried, who shall receive and safely keep the same, subject to the direction of the circuit court for that county: Provided, That said notes shall be a part of the record in all said cases, and shall be subject to inspection as other records in the case. SEC. 7. All acts or parts of acts contravening the provisions of this act shall be construed as void and of no effect as applied to the counties in the thirty-fourth judicial circuit.

This act is ordered to take immediate effect.
Approved March 16, 1895.

Section amended.

Stenographer

to be officer of

court. Duty of,

[No. 21. ]

AN ACT to amend section three of act number twenty-six of the public acts of eighteen hundred and ninety-one, entitled "An act providing for the employment of, defining the duties, and fixing the compensation of a stenographer of the twenty-sixth judicial circuit of the State of Michigan," approved April fourteenth, eighteen hundred ninety-one.

SECTION 1. The People of the State of Michigan enact, That section three of act number twenty-six of the public acts of eighteen hundred and ninety-one, entitled "An act providing for the employment of, defining the duties, and fixing the compensation of a stenographer of the twentysixth judicial circuit of the State of Michigan," approved April fourteenth, eighteen hundred ninety-one, be and the same is hereby amended so as to read as follows:

SEC. 3. Said stenographer shall be deemed an officer of the court, and it shall be his duty to attend said court at each term and take full stenographic minutes of the testimony and proceedings upon the trial of each issue of fact tired before the court or jury, at law or in chancery, and Compensation of as a compensation for such services he shall receive the sum of fifteen hundred dollars per annum, which sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit in the following proportion and amounts: The county of Alpena, one thou

stenographer.

counties.

sand dollars per annum; the county of Presque Isle, two Apportionment
hundred fifty dollars per annum, and the county of Mont- of salary by
morency the sum of two hundred fifty dollars per annum;
and the several county treasurers of said counties shall pay
the annual salary of said stenographer in monthly install-
ments, in accordance with this act, and the receipt of said
stenographer shall be a sufficient voucher for each of the
county treasurers aforesaid.

This act is ordered to take immediate effect.
Approved March 20, 1895.

[ No. 22. ]

AN ACT to provide for the compensation and duties of the stenographer of the twenty-fourth judicial circuit, and to amend section five and section six of act number two hundred and nineteen of the session laws of Michigan for the year eighteen hundred eighty-seven, the same being continuous paragraphs six thousand five hundred and thirty four j one and six thousand five hundred and thirty-fourj two of Howell's annotated statutes of Michigan.

SECTION 1. The People of the State of Michigan enact, Enacting clause. That section five of act number two hundred and nineteen of the session laws for the year eighteen hundred eightyseven, being an act entitled "An act to provide for the appointment, compensation and duties of a stenographer of the twenty-fourth judicial circuit court," said section being paragraph six thousand five hundred and thirty-four j one of Howell's annotated statutes of Michigan, [be] and the same is hereby amended to read as follows:

to furnish copy

SEC. 5. In case the counsel for either party shall desire Stenographer a copy of the testimony given in any trial for the purpose of testimony. of moving for a new trial, preparing a bill of exceptions, or removing the cause to the supreme court, it shall be the duty of the stenographer so appointed to furnish the same within a reasonable time, and he shall be entitled to demand. and receive therefor, from the party so requiring it, the sum of six cents per folio for each folio so transcribed, rees. and the amount so paid shall be recovered as a part of the taxable costs by the prevailing party in such motion or in the supreme court: Provided, That if the judge shall Proviso. so direct he shall make and file a copy of the testimony without fee or charge to any person, and the testimony so furnished and filed shall be deemed the official record of the court: And provided further, That in criminal cases Further proviso the prosecuting attorney of the county in which any case has been tried, whenever a copy of the testimony in such

in criminal

cases.

Sec. 6 amended,

Salary of stenographer.

Proviso.

case shall have been furnished to the defendant, shall be entitled to a copy of such testimony free of charge.

SEC. 2. And that section six of the same act, being section six thousand five hundred and thirty-four j two of Howell's annotated statutes, be amended to read as follows: SEC. 6. The stenographer so appointed shall receive as a compensation for such services the sum of sixteen hundred dollars per annum, which sum shall be paid in monthly installments as herein before provided, out of the county treasury of the counties composing said circuit in proportion to the number of suits, law and chancery, entered and commenced in the circuit court for such counties respectively, the preceding year, upon the order of the clerk of said court, said clerk being hereby authorized and directed to draw such orders and the county treasurer to pay the same upon presentation: Provided, The circuit judge shall certify thereon that said services have been faithfully per

formed.

This act is ordered to take immediate effect.
Approved March 20, 1895.

Section amended,

Lawful for rail

road companies

road to other

companies.

[ No. 23. ]

AN ACT to amend section one of act number one hundred and two of the public acts of eighteen hundred and ninety three, entitled "An act to authorize any railroad company now organized or that may hereafter be organized under the laws of this State, to sell, lease and convey its property and franchises to any other railroad company, whether organized within or without this State, and to provide for securing payment therefor," approved May twentythird, eighteen hundred ninety-three.

SECTION 1. The People of the State of Michigan enact, That section one of act number one hundred and two of the public acts of eighteen hundred ninety-three, entitled "An act to authorize any railroad company now organized or that may hereafter be organized under the laws of this State to sell, lease and convey its property and franchises to any other railroad company, whether organized within or without this State and to provide for securing payment therefor," approved May twenty-third, eighteen hundred ninety-three, be and the same is hereby amended so as to read as follows:

SECTION 1. The People of the State of Michigan enact, to sell or lease That it shall be lawful for any railroad company organized or that may be organized under the laws of this State, to sell, lease and convey its road, together with the rights and franchises connected therewith, or any part or portion thereof, to any other railroad company, whether organized within or

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