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Proviso.

Laws rerepealed.

the starting point, route, and terminus, and the amount of expenses to be assessed by the commissioners of each township upon the resident owners affected therein, then the commissioners of each township shall proceed to locate, establish and construct such ditch, assess owners of land, and in all respects carry out the law as is required in locating ditches or watercourses in single townships: Provided, That the joint board of commissioners shall furnish a map of the ditch, together with a record of joint proceedings, to be filed in the township clerk's office in each township.

Sec. 16. That all laws or parts of laws authorizing the locating, establishing, or constructing of ditches, drains and watercourses, be and the same are hereby repealed, so far as the same relates to commissioners of highways in townships. Approved March 17, 1869.

Beetion amended.

Compensa

tion of jurors

[ No. 40. ]

AN ACT to amend section five thousand six hundred and fiftyfour of the compiled laws, being section eighteen, of chapter one hundred and fifty, title twenty-nine, of the revised statutes of eighteen hundred and forty-six, relative to the fees of jurors.

SECTION 1. The People of the State of Michigan enact, That section five thousand six hundred and fifty-four, of the compiled laws, being section eighteen, of chapter one hundred and fifty, title twenty-nine, of the revised statutes of eighteen hundred and forty-six, be amended so as to read as follows:

Sec. 18. Each grand and petit juror, and each talesman shall be entitled to receive two dollars for each day's attendance, and one dollar for each half day, upon any term of the circuit court, or before any court of record having a seal, on the trial of a cause, and ten cents for each mile traveled in going and returning by the nearest traveled route, to be paid out of the treasury of the county, on the certificate or order of the clerk or judge of such courts; and each juror sworn in any action in

a justice's court, or before any officer in any special proceedings allowed by law, or before any sheriff upon any writ of inquiry, shall be entitled to fifty cents, to be paid in the first instance by the party requiring such jury; and that each juror sworn before any coroner or justice of the peace, on any inquest taken by either of them, shall be entitled to two dollars for each day's attendance, and one dollar for each half day's attendance on such inquest, the accounts of such service to be allowed by the board of supervisors, and the board of county auditors of Wayne county, on the certificate of such coroner or justice. Approved March 17, 1869.

[ No. 41. ]

AN ACT to amend section two thousand and seventeen, of the compiled laws, being section nine, of chapter sixty-eight, of the compiled laws, relative to religious societies, as amended by act number seventy-three, of session laws of eighteen hundred and sixty-seven, approved March twenty-first, eighteen hundred and sixty-seven.

amended.

SECTION 1. The People of the State of Michigan enact, That section section two thousand and seventeen of the compiled laws, being section nine, of chapter sixty-eight, of the compiled laws, relative to religious societies, as amended by act number seventythree, of the session laws of eighteen hundred and sixty-seven, approved March twenty-first, eighteen hundred and sixty-seven, be amended so as to read as follows:

trustees.

Sec. 9. The said trustees, or wardens and vestrymen shall Powers of also have authority, under the direction of the society, to sell and convey, mortgage, or release [lease] any real estate belonging to such society, or held by them as such trustees or wardens and vestrymen, and to erect churches and meeting houses, and dwelling houses for their ministers or priests, and other buildings for the direct and legitimate use of their church, congregation or society, and to alter and repair the same, but for no secular purpose: Provided, That no such sale or conveyance Proviso.

shall be made in any case where it would be inconsistent
with the express terms or plain intent of the grant, donation,
conveyance, or devise by which the same was conveyed or
devised to or for the use of such church, congregation or society;
nor unless the vote or assent of at least two-thirds of those
present and entitled to vote, at any meeting of the society duly
and specially called for that purpose, shall be obtained therefor.
Sec. 2. This act shall take immediate effect.
Approved March 17, 1869.

Sixth circuit ro-organized.

Sixteenth

circuit crea

ted.

Election in

sixteenth for full term.

Judge of present cir

office until

[ No. 42. ]

AN ACT to reorganize the sixth and to create the sixteenth
Judicial Circuit.

SECTION 1. The People of the State of Michigan enact, That the counties of Lapeer and Oakland shall be formed into and be one judicial circuit, to be known and designated as the sixth judicial circuit.

Seo. 2. The counties of Macomb, St. Clair, Sanilac, and Huron, shall be formed into and be one judicial circuit, to be known as the sixteenth judicial circuit.

Sec. 3. The qualified voters of the counties of Macomb, St. Clair, Sanilac, and Huron shall, on the first Monday in April, in the year of our Lord one thousand eight hundred and sixtynine, at the regular township meetings to be held in the respective townships of said counties at that time, elect a circuit judge for the full term, commencing January first, eighteen hundred and seventy.

Sec. 4. The judge of the present sixth judicial circuit shall cuit to hold continue to hold his office as judge of the sixth judicial circuit, as herein reorganized, for the balance of his unexpired term, and shall continue to hold his terms throughout his present circuit, until the first day of January next.

January 1, 1870.

Election:

notice of.

Sec. 5. It shall be the duty of the sheriffs of the several counties mentioned in the third section of this act, at least ten

days previous to the first Monday of April, eighteen hundred and sixty-nine, to notify the township clerks of the several townships in their respective counties, of the election aforesaid for circuit judge; and the township clerks shall post notices, in the usual manner, for such election in their townships at least five days previous to the day of election.

ducted.

vass.

Sec. 6. The said election for circuit judge shall be conducted, How conand returns made as provided by law for the election of judges for the several judicial circuits of this State; and the State can-State canvassers shall, without delay, on receipt of the certified statement of the votes given in the said counties, proceed to canvass said votes, and deliver to the person elected a copy of their determination, as required by law; and no person shall hold Residence of the office of circuit judge of said judicial circuit unless he shall be a resident thereof.

judge.

and Election of

one

Sec. 7. The qualified voters of the counties of Oakland Lapeer shall, on the first Monday in April, in the year thousand eight hundred and sixty-nine, at the regular township meetings to be held in the respective townships of said counties at that time, elect a circuit judge for the full term, commencing January first, eighteen hundred and seventy.

judge for full

term in sixth

circuit.

Judge of

enth circuit.

Sec. 8. The judge of the present seventh judicial circuit shall Term of continue to hold his office as judge of the seventh judicial cir- present sev cuit, for the balance of his unexpired term, and shall continue to hold his terms in the county of Lapeer until the first day of January next.

iffs in Oak

peer counties

Sec. 9. It shall be the duty of the sheriffs of the counties of Duty of sherOakland and Lapeer, at least ten days previous to the first land and La Monday of April, in the year eighteen hundred and sixty-nine, to notify the township clerks of the several townships in their respective counties, of the election aforesaid for circuit judge; and the township clerks shall post notices in the usual manner, for such election in their townships, at least five days previous to the day of election.

Sec. 10. The said election for circuit judge of said sixth ju- Election for dicial circuit shall be conducted, and returns made as provided sixth circuit.

judge of

ducted.

State canvass.

How con- by law for the election of judges for the several judicial circuits of this State; and the State canvassers shall, without delay, on receipt of the certified statement of the votes given in the said counties, proceed to canvass said votes, and deliver to the person elected a copy of their determination, as required by Residence of law; and no person shall hold the office of circuit judge of said sixth judicial circuit, unless he shall be a resident thereof.

Judge.

Sec. 11. All acts contravening the provisions of this act are hereby repealed.

Sec. 12. This act shall take immediate effect.
Approved March 18, 1869.

Election of

drain commissioner.

When held.

[ No. 43.]

AN ACT to provide for the draining of swamps, marshes, and other low lands.

SECTION 1. The People of the State of Michigan enact, That there may be one drain commissioner elected by the people in any organized county of this State; and if in such counties there shall be drain commissioners holding appointments under this act, the office of said commissioners shall cease when the said drain commissioner shall be duly elected and qualified, and shall have filed his bond, according to the provisions of this act. Sec. 2. The first election of the county drain commissioner shall be held on the first Monday of April, one thousand eight hundred and sixty-nine, and every two years thereafter. The election provided for by this act shall be conducted, as near as Canvass, etc. may be, in the same manner and by the same officers, and the inspectors of election shall make the same canvass, statement, and returns as is provided by law for the election of a judge of the Supreme Court; and said drain commissioner shall be voted for on the same ballot as the judge aforesaid; and the board of county canvassers shall determine and declare the elected to the office of county drain commissioner.

How con

ducted.

persons

thus

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