supervisors and clerks of the townships and wards. Said Board to select board shall take the names of only such as are not exempt petent persons to from serving on juries, who are in possession of their serve as jurors, natural faculties, not infirm or decrepit, of good character, names of com. Number of names list to contain. Board to select persons to serve of known integrity, of sound judgment, well informed, conversant with the English language, free from legal exceptions, and who have not made, and in whose behalf there has not been made, to the officers of said board, any application to be selected and returned as jurors. Such list, selected and apportioned as aforesaid, shall contain not less than one for every fifty inhabitants of each township or ward, computing according to the last preceding census, having regard to the population of the county, so that the whole number of jurors selected in the county shall amount to at least one hundred, and not to exceed four hundred. SEC. 4. Said board shall also make in like manner, a list as grand jurors. of persons to serve as grand jurors, which list shall not contain any name returned upon the petit jury list, and shall contain at least one hundred names; and, in making such list they shall select, as near as may be, a proportionate number from each township and ward. Number of names on list. After lists are made names to be written out and signed by members of board. Challenges, how made. Proceedings in selecting jurors SEC. 5. After such lists of names are selected they shall be written out and signed by the members of the board, or a majority thereof, and filed with the county clerk. Their legality or regularity shall not be questioned provided it appears that the signatures of a majority of said officers are affixed to such lists; and, if it appears that the names of any persons not qualified to serve as jurors are included in such lists, the same shall not be a ground of challenge to the array, but only a ground of personal challenge to the individual shown to be so disqualified. SEC. 6. All other proceedings in the selecting and drawto be governed ing of grand and petit jurors not herein provided for and not inconsistent herewith shall be governed by the general law of this State. by general law. Repealing clause. SEC. 7. Act number one hundred forty-two of the public acts of eighteen hundred eighty-three and all other acts and parts of acts contravening the provisions of this act are hereby repealed. This act is ordered to take immediate effect. [No. 27. ] AN ACT to amend section six of an act entitled "An act to provide for the appointment, defining the duties and fixing the compensation of a stenographer of the circuit court for the county of Saginaw," approved May seventh, eighteen hundred and eighty-one, being section six thousand five hundred and twenty-eight of Howell's annotated statutes, as amended by act number two hundred and seventeen of public acts of eighteen hundred and eightyseven, approved June twenty-second, eighteen hundred and eighty-seven. amended. SECTION 1. The People of the State of Michigan enact, Section That section six of an act entitled "An act to provide for the appointment, defining the duties and fixing the compensation of a stenographer for the circuit court for the county of Saginaw," approved May seventh, eighteen hundred and eighty-one, being section six thousand five hundred and twenty-eight of Howell's annotated statutes, as amended by act number two hundred and seventeen of public acts of eighteen hundred and eighty-seven, approved June twentysecond, eighteen hundred and eighty-seven, be and the same is hereby further amended so as to read as follows: script of testi ceedings in any applicant can cases. SEC. 6. In case counsel for either party shall desire a stenographer to copy of the testimony and proceedings in any cause whether furnish tran at law or in chancery, for the purpose of final hearing, mony and promoving for a new trial, rehearing, preparing a bill of excep- cause. tions, settling a case, or removing the cause to the supreme court, it shall be the duty of the stenographer so appointed to furnish the same copied out in plain, legible English within a reasonable time, and he shall be entitled to charges for. demand and receive therefor, from the party so requiring it, the sum of six cents per folio: Provided, however, That Proviso when where two copies thereof are required and made at the same not pay charges, time, he shall furnish such copies at the rate of four and one-half cents per folio for each copy so transcribed, and the amount so paid shall be recovered as a part of the taxable costs by the prevailing party: Provided, That if Proviso as to it shall [by] be proper and satisfactory showing under oath be copy in criminal made to appear to the court, or judge thereof at chambers, that the party so applying for such transcript is by reason of poverty unable to pay the expense of such transcript, and that such transcript is necessary, the court or the judge thereof, at chambers, may, in his discretion, order the stenographer to make a transcript of the testimony and proceedings in said case, or any part thereof, without charge, except in case the party so applying for such transcript shall recover costs, either in the circuit or supreme court; the costs of such transcript, so procured by him, shall be made a part of the taxable costs, and shall be paid into court for the sole benefit of the stenographer furnishing such transcript: Provided further, That in any criminal case, where proper showing under oath is made, that the defendant is unable, through poverty, to pay for the same, the court may, upon request of counsel for the defense, order the stenographer to make a transcript of the testimony or proceedings in said case, or such part thereof as may be necessary, said transcript, when so made, to be paid for by the county at the rate herein established for transcripts in civil cases: Provided also, That when a transcript in a criminal case is required by the prosecuting attor Proviso when transcript is for use of prose cuting attorney. ney for his sole use, the court may order such transcript This act is ordered to take immediate effect. State library, tents of. [ No. 28. ] AN ACT to provide for the management and control, and for the extension of the usefulness of the State library. SECTION 1. The People of the State of Michigan enact, location and con- That the State library shall be kept in the room in the capitol which it now occupies, unless some other provision shall be made by the legislature in reference thereto. It shall consist of the books, pamphlets, papers, pictures, maps, charts, and documents of every description now belonging to the same, together with all such others as it may acquire by gift, purchase, exchange or otherwise. The members of both houses of the legislature and the executive and judicial officers of the State shall at all times have free access thereto, under such rules and regulations as may be made for governing the library. Who to consti SEC. 2. The Governor, the two legislative committees on tute committee the State library and the State librarian, acting jointly, shall make and execute, modify and amend such rules and regulations, not conflicting with the statutes governing the library, as they may deem proper relative to the use and loans of books from the State library, and also such rules prescribing penalties and fines for any violation thereof. Such rules and regulations, when adopted, shall remain in force until modified or amended. In case it becomes necessary, during the recess of the legislature, to modify or amend a rule, or adopt a new one, the Governor and the State librarian may make such modification, amendment or new rule, and the State librarian shall report such action to the legislature at its next session for reference to the committees on the State library. Rules may be amended. Governor to appoint State librarian. SEC. 3. A State librarian shall be appointed by the Governor, by and with the consent of the Senate, who shall hold the office for the term of four years. The librarian shall have the care and charge of the library and of the affairs pertaining thereto, and shall make a report to the legislature at the commencement of each regular session thereof, as to its condition and the number and description of the State librarian, volumes as contained therein. The salary of the State Salary of receipt for prop SEC. 4. The State librarian shall, before entering upon Librarian to file the duties of the office, file with the Secretary of State erty with Seerehis receipt for all property entrusted to him, take and sub- tary of State. scribe the oath of office prescribed by the constitution and give a bond in the penal sum of ten thousand dollars, To give bond. with sureties to be approved by the Secretary of State, conditioned for the safe keeping of such property as may be entrusted to his care. Said bond and receipt shall be filed in the office of the Secretary of State, and they shall not be canceled, nor shall the sureties on said bond be released from their obligations thereon, until the receipt of the successor to the said librarian, for the property delivered over to him, shall have been obtained and payment for all deficiencies made. remove librarian SEC. 5. The Governor shall have the power to remove Governor may the State librarian at any time for incompetency, neglect for cause. of duty, misfeasance or malfeasance in office, and to appoint another person to fill the vacancy; but the reasons for such removal, together with the name of the appointee to fill such vacancy, shall be laid before the Senate, if in session, if not in session, then at the next session of the legislature. The appointment made to fill such vacancy shall be subject Vacancy, how to the advice and consent of the Senate at such session. In case of a vacancy in the office of the State librarian When Governor from any other cause, the Governor shall appoint another may fill vacancy. person to fill the same, which appointment shall be subject to the advice and consent of the Senate if in session, if not in session then at the next session of the legisla ture thereafter. filled. point assistant, rian to give assistant. SEC. 6. The State librarian is hereby authorized to Librarian to apappoint, with the advice and consent of the Governor, one assistant, who shall be known as the assistant State librarian and who shall give to the State librarian a good and Assistant librasufficient bond, approved by the Secretary of State, for the bond and take safe keeping of the property held in charge and who shall oath. take and subscribe the constitutional oath of office. It shall Duties of be the duty of the assistant State librarian to aid in the care of the books, the keeping of the accounts, and to render such assistance as the State librarian may require. The salary of the assistant State librarian shall be nine Salary of. hundred dollars per annum, payable monthly out of the State treasury, upon the presentation of a voucher certified to by the State librarian and drawn upon the warrant of the Auditor General from any funds not otherwise appropriated. The assistant librarian shall at any time be sub- When assistant ject to removal, when in the opinion of the State librarian removal, and the Governor the interests of the State library require it. subject to Librarian may employ addi SEC. 7. The State librarian is hereby authorized to tional assistance. employ, with the approval of the Governor, such additional assistance as may be necessary for the care and management of the library, at a salary not exceeding eight hundred dollars per annum for each person so employed, to be paid in the same manner as provided in case of the assistant librarian. Officers and employés of the State are re certificate that all books have been returned before final settlement. SEC. 8. Before any member of the legislature, or of any convention to revise the constitution, or other officer or quired to show employé of the State, who may be authorized by the rules of the State library to draw therefrom, shall receive their pay in full, it shall be necessary for them to obtain and exhibit from the State librarian, a certificate stating that they have returned all the books they may have drawn from the State library. Before a final settlement with any State employé it shall be the duty of the State officers to require such employés to obtain and exhibit to the officer in charge of their respective departments, the certificate above referred to. Librarian change books, statutes, etc. SEC. 9. The State librarian shall exchange the judicial authorized to ex- decisions, statutes, journals, legislative and executive documents of Michigan, and other books placed in the care of the State librarian for the purpose of exchange, with the libraries of other states and the government of the United States, and of foreign countries, and with societies and institutions. The State librarian may sell or exchange duplicate volumes or sets of works not needed for use in the State library and apply the proceeds to the purchase of other books for the library. Appropriation of books. How drawn. SEC. 10. The sum of five thousand dollars, to be assessed, for the purchase levied and collected in the same manner as other State taxes, is hereby appropriated for each of the years eighteen hundred ninety-five and eighteen hundred ninety-six for the purchase of books and such other material as is appropriate to be added to the State library. The money so appropriated shall be drawn from the State treasury upon the warrant of the Auditor General and shall be expended by the State librarian with the advice and consent of the Governor for the purchase of books, pamphlets, papers, maps, documents and other matter for the library and for other purposes of benefit and advantage to said library. Who may belibraries. SEC. 11. Any public, incorporated, school, or college come associate library in the State having not less than one thousand volumes, other than publications furnished by the State, may, upon compliance with the provisions of the rules prescribed by the library committee, become an "associate library with the State library and be entitled to all the privileges accorded by this act to associate libraries. It shall be the duty of the State librarian to issue, to any eligible library complying to the rules above mentioned, a certificate of association showing that such library has become an "associate library" The associate relationship may be terminated |