Sections amended Special bail, surrender of. Proceedings to effect surrender. [No. 215.] AN ACT to amend sections twenty, twenty-one and twentytwo of chapter ninety-eight of the revised statutes of eighteen hundred forty-six, entitled "Of bail in civil actions and proceedings connected therewith," as amended by the several acts amendatory thereof, being sections ten thousand forty-seven, ten thousand forty-eight and ten thousand forty-nine of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Sections twenty, twenty-one, and twenty-two of chapter ninety-eight of the revised statutes of eighteen hundred forty-six, entitled "Of bail in civil actions and proceedings connected therewith," as amended by the several acts amendatory thereof, being sections ten thousand forty-seven, ten thousand forty-eight and ten thousand forty-nine of the Compiled Laws of eighteen hundred ninety-seven are hereby amended to read as follows: SEC. 20. The special bail of any defendant may surrender him or the sheriff of the county may retake such defendant into his custody for the reasons set forth in section twentyone of this act, or such defendant may surrender himself in exoneration of his bail, before any judge of a circuit court, or a circuit court commissioner. SEC. 21. The proceedings to effect such surrender shall be as follows: First, There shall be produced to the officer authorized to accept the same two copies of the bail piece, upon one of which such officer shall indorse an order that the defendant be committed to the custody of the sheriff, in exoneration of his bail, which shall be delivered to such sheriff, and shall authorize him to commit and detain such defendant, until he shall be duly discharged; Second, Upon producing to such officer the certificate of the sheriff, that the defendant has been committed to, and remains in his custody, by virtue of such order of commitment, acknowledged before such officer by the sheriff, or proved by a subscribing witness thereto, an order shall be made by such officer, requiring the plaintiff to show cause before him, at such time and place as he shall appoint, why the bail of such defendant should not be exonerated from their liability; Third, Upon producing proof of the due service of such order on the plaintiff or his attorney, such officer shall proceed to hear the allegations and proofs of the parties; and if no good cause to the contrary appear, shall indorse an order on the second copy of the bail piece, briefly reciting the proceedings had before him, and thereby declaring that the bail of such defendant are discharged from all liability as such bail, in the suit in which such bail piece was taken; Fourth, To such copy of the bail piece shall be attached the certificate of the sheriff hereinbefore required, with the acknowledgment or proof thereof, the order to show cause and the proof of the service thereof; which paper shall be immediately filed in the office of the clerk of the court, and until so filed, the liability of the bail shall continue; Fifth, If the sheriff who shall have taken such special bail bond shall discover that any surety to said bond is insufficient, he shall retake into custody the defendant who executed said bond, in any place that he may be found, and may commit the said defendant to the county jail until other good and sufficient surety shall be offered. defendant on SEC. 22. When a bail bond shall have been taken on the Surrender of arrest of a defendant, the bail therein may surrender their bail bond. principal or the sheriff of the county may retake said defendant into his custody, or he may surrender himself in exoneration of his bail in the same manner, before the same officers and with the like effect as provided in the preceding section with respect to special bail. Approved June 13, 1905. [No. 216.] AN ACT to repeal act number one hundred eighty-three of the public acts of nineteen hundred three, approved June four, nineteen hundred three, entitled "An act defining the jurisdiction of circuit courts in chancery in certain cases." The People of the State of Michigan enact: SECTION 1. Act number one hundred eighty-three of the Act public acts of nineteen hundred three, approved June four, repealed. nineteen hundred three, entitled "An act defining the jurisdiction of circuit courts in chancery in certain cases," is hereby repealed. Approved June 13, 1905. Act amended. Election districts, number of voters. Redivision, when made. In case of townships and villages, laws to govern. [No. 217.] AN ACT to amend an act, entitled "An act to authorize the use of any thoroughly tested and reliable voting machine at any election held in this State," being act sixty-one of the public acts of eighteen hundred ninety-seven, as amended by act two hundred thirty-four of the public acts of nineteen hundred three, by adding five new sections to stand as sections twelve, thirteen, fourteen, fifteen and sixteen. The People of the State of Michigan enact: SECTION 1. Act sixty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to authorize the use of any thoroughly tested and reliable voting machine at any election held in this State," as amended by act two hundred thirty-four of the public acts of nineteen hundred three, is hereby amended by adding thereto five sections to stand as sections twelve, thirteen, fourteen, fifteen and sixteen, and to read as follows: SEC. 12. For any election in any city, town or village in by whom created, which voting machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, so as to contain as near as may be five hundred voters each. Such redistricting or redivision may be made at any time after any November election and on or before August fifteen following, and when so made shall take effect immediately. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed six hundred. In case of townships and incorporated villages so divided the provisions of chapter ninety-five Miller's Compiled Laws of eighteen hundred ninetyseven, shall apply to and govern all proceedings hereunder, with reference to such division, boards of registration, election inspectors and all matters arising therefrom not provided for by this act. In cities where no special provisions exist relative thereto, such division and all matters arising therefrom, not covered by the provisions of this act, shall be provided for by ordinance of the common council of said city, and it is hereby made the duty of such common council to make all necessary rules and regulations in connection therewith to fully carry out the provisions of this section. This provision, however, shall not apply to cities where the election law provides for a different, or larger number of voters in an election district. Cities. Not to apply May issue bonds SEC. 13. The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations, which shall be a charge on the city, town or village. Such bonds, certificates or other How issued. obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. of labels, SEC. 14. Where voting machines have been adopted for use Secretary of state in any county, city, town or village within this State, the to supply samples Secretary of State shall supply appropriate samples of all instructions, etc. ballot labels, diagrams and return sheets required for elections, and he shall prescribe suitable rules and regulations in addition to those contained in this act, not inconsistent with law, which shall govern the conduct of inspectors and clerks of elections, and voters in the use of such voting machines during elections; for filling out the return sheets and for making return thereof; and shall prepare and furnish all instructions and printed matter necessary for the use of such voting machines. of state not to furnish paper SEC. 15. The Secretary of State, and the election commis- When secretary sioners of any city, village or township where voting machines have been purchased and are used, shall not be required to ballots. print and furnish paper ballots, except for any question or matter that cannot be provided for by the voting machine. SEC. 16. Ballot clerks and gate keepers may be dispensed Ballot clerks, etc, with in election districts in any city, village or township dispensed with. where voting machines have been purchased and are used. Approved June 13, 1905. [No. 218.] AN ACT to provide for the reimbursement of circuit judges for their actual expenses incurred by them in holding court in counties other than in the county where they reside. The People of the State of Michigan enact: for actual ex SECTION 1. Every circuit judge shall be reimbursed from How reimbursed the State treasury, upon the warrant of the Auditor General, penses. his actual expenses incurred by him in holding court in any county other than that in which he may reside. expenses, to SEC. 2. Each circuit judge, entitled to reimbursement under Certificate of the provisions of this act, shall make a certificate of the ex- whom presented. penses incurred by him in so holding court, and the same shall be presented to the Board of State Auditors for allowance, and upon the allowance, the Auditor General shall issue his warrant on the State treasury for the amount of the same to the person entitled thereto. This act is ordered to take immediate effect. Section amended. Highway taxes, when and by Amount. Copy of proceed ings to supervisor [No. 219.] AN ACT to amend section three of chapter four, of chapter twenty-nine of Howell's annotated statutes of the State of Michigan, for the year eighteen hundred eighty-two, and the acts amendatory thereof, the same being section three of chapter four of chapter one hundred one of the Compiled Laws of the State of Michigan for the year eighteen hundred ninety-seven, entitled "The construction of roads and bridges," the same being compiler's section four thousand one hundred six of the said Compiled Laws of the State of Michigan for the year eighteen hundred ninety seven. The People of the State of Michigan enact: SECTION 1. Section three of chapter four of chapter twentynine of Howell's annotated statutes of the State of Michigan for the year eighteen hundred eighty-two, and the acts amendatory thereof, the same being section three of chapter four of chapter one hundred one of the Compiled Laws of the State of Michigan for the year eighteen hundred ninety-seven, entitled "The construction of roads and bridges," the same being compiler's section four thousand one hundred six of the said Compiled Laws of the State of Michigan for the year eighteen hundred ninety-seven, is hereby amended so as to read as follows: SEC. 3. At the time such vote is taken, and at every annual whom determined. township meeting thereafter, the electors present, immediately after the election of overseers of highways, shall, by a majority of those present and voting and who do not reside in any incorporated village, determine the amount of tax to be raised for highway purposes under this chapter, for the next ensuing year, not exceeding one-half of one per cent on the aggregate assessed valuation of the property of the township; and in case they do not so determine the amount of such tax within the limit above provided, it shall be fixed by the township board. A certified copy of the record of the proceedings of the township meeting and township board fixing and determining the amount of such highway taxes, shall be transmitted by the township clerk to the supervisor of his township, on or before the first day of October in each year, and such taxes shall be levied and collected in the same manner as moneys for general township purposes are levied and collected; but no part of such tax shall be levied on property within the limits of incorporated villages. The taxes so levied shall be carried out in a separate column in the tax roll, as highway taxes, and the township treasurer shall keep a separate account of the same as the highway fund. In addition to the bond required to be given by the treasurer by section seventy-seven of chapter sixteen of the revised statutes Taxes, how carried in roll. Bond of treasurer. |