village or city, who are not members of said township board to be known total number of votes. SEC. 3. Said voting machine shall be of that class or Voting machine type of machine known as registering machines, in the as registering construction and operation of which the record of the machines, whole number of votes cast, the total number of votes cast for each candidate for each office, and the total number of votes as to each office wherein the voter failed, neglected or refused to select and vote for a candidate shall Certain votes to be kept be kept separately and registered upon metal surfaces. separate. Said machine shall be so constructed and operated as to show in a conspicuous place in full view of the inspectors and bystanders at all times during an election, the record of the whole number of votes cast, regardless of and not including the number of persons who may enter the booth or machine for the purpose of voting or for any other purpose, but who for any reason fail, neglect or refuse to vote. Said machine shall also keep and register accu- Machine to keep rately the total number of votes for each candidate for each office, and the number of votes wherein the voters failed, neglected or refused to vote for any candidate for such office. And the sum of the number of votes cast for the several candidates for an office, added to the number of votes wherein no person was voted for, shall equal the whole number of votes as shown by the record upon the machine, and the poll list containing the names of persons who have voted. Any discrepancy between the Discrepancy betotals thus obtained shall be regarded as prima facie and poll 11st evidence that the machine is not reliable and correct, and prima facie render its use unlawful unless it shall be affirmatively machine is not proved that the poll list was incorrect. Said machine shall be so constructed and operated that a movable part of the mechanism located between the part operated by the voter and the register wheel or metal surfaces upon which the record is kept is in full view of the inspectors and bystanders at all times when being operated by the voter, and the connection, action or motion communicated by the voter to the visible part of the mechanism from and between the said visible part of said mechanism, and the register wheels or metal surfaces upon which the record is kept must be what is known and understood in mechanics as "positive, and not dependent upon the action of springs, pawls, latches or other retracting or reciprocal devices tween machine evidence that correct. for accurate or certain action. All of said register wheels which are at any time concealed from public view, shall at all times, whether concealed from view or not, be positively locked in series, so that it shall be impossible by any means to alter or change the record upon said register wheel or metal surfaces without moving the visible part of the actuating mechanism as in voting. Any When machine voting machine, which in its construction and operation embodies all of the above named features, and is otherwise satisfactory to the township board, village or city council, may be purchased, furnished and used. proves satisfac tory, township board may purchase. Manner of arranging names for voting. Rules and regulations as to voting machine. SEC. 4. Said voting machine shall be so constructed and operated that the slides containing the names of candidates for the several offices may be moved singly or in unison for the selection of candidates at the will of the voter. Meaus shall be provided for arranging straight tickets at one motion, and for voting straight, split or scratched tickets at one motion. coun SEC. 5. Said township board, council or common cil, shall make rules and regulations for the care and use of said voting machine, but the arrangement of the room in which the election is being conducted, the duties of the election commissioners and officers of the election before, during and after the election, and the manner of conducting the election and canvassing the vote thereat shall not be changed except as is necessary in consequence of the substitution of the voting machine for the ballots, ballot boxes and booths used under existing laws. This act is ordered to take immediate effect. Approved April 17, 1895. Section amended, [ No. 77. ] AN ACT to amend section eleven of chapter one hundred fifty of the revised statutes of eighteen hundred fortysix, relative to the fees of sheriffs in executing process issued out of the courts of law and equity, and by judicial and other officers, and for other services, as amended by the several acts amendatory thereof, being section nine thousand seventeen of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, That section eleven of chapter one hundred fifty of the revised statutes of eighteen hundred forty-six, relative to the fees of sheriffs in executing process issued out of the courts of law and equity, and by judicial and other officers, and for other services, as amended by the several acts amendatory thereof, the same being section nine thou sand seventeen of Howell's annotated statutes, be and the same is amended to read as follows: summons. [SEC. 9017.] SEC. 11. For serving a summons, writ of Fees, summons, replevin, or other processes by which a suit shall be com- writs, etc. menced in a court of law, or a subpoena to appear and answer in chancery, seventy-five cents when service is made on one defendant only, and for the service on each additional defendant, twenty-five cents; for traveling in making Traveling. such service, on the usual traveled route, teň cents per mile for going only to be computed in all cases from the court house of the county in which the service is made, or from the place where the court has usually been held therein; for taking a bond of a plaintiff in replevin, or Bond of plaintiff. taking a bond on the arrest of a defendant, or in other cases where he is authorized to take the same, fifty cents; for a certified copy of such bond, when requested, twentyfive cents; for a note of every capias delivered to a defendant on request, six cents; for a copy of every summons, Copy of scire facias, or declaration served by him, when made by the sheriff, six cents for each folio; for a copy of every copy of writ. other writ, when demanded or required by law, twenty-five cents; for serving an attachment for the payment of money, Attachments. or an execution for the payment of money, or a warrant warrant, issued for the same purpose and delivered to him by the county treasurer or any supervisor, for collecting the sum of two hundred and fifty dollars or less, two and one-half per cent, and for any sum more than two hundred and fifty dollars, one and one-quarter per cent; advertising goods or chattels, lands or tenements for sale, on execution, if a sale be made, one dollar; and if the execu- Advertising. tion be stayed or settled after advertising and before sale, fifty cents. The fees allowed by law and paid to any Fees of printer, printer by such sheriff for publishing an advertisement of how pald. the sale of real estate for not more than six weeks and for publishing the postponement of any such sale, the expense shall be paid by the party requiring the same. The fees herein allowed for the service of an execution Fees for execuand for advertising therein shall be collected by virtue on, how colof such execution, in the same manner as the sum therein directed to be levied; but when there shall be several executions against the defendant, at the time of advertising his property, in the hands of the same sheriff, there shall be but one advertising fee charged on the whole, and the sheriff shall elect upon which execution he will receive the same. For every certificate on the sale of real estate, Certificate of fifty cents; and for each copy thereof, twenty-five cents, estate. which, together with the register's fee for filing the same, shall be collected as other fees on execution; for drawing For deeds, and executing a deed pursuant to a sale of real estate, one dollar; serving a writ of possession or of restitution, writ of putting any person into possession of the premises and possession. removing the occupant, one dollar, and the same compen any lected, sale of real Summoning juries, Traveling. prisoner. Proceedings sation for traveling as is herein allowed on other writs; taking a bond for the liberties of the jail, fifty cents; summoning a jury, upon a writ of inquiry attending such jury, and making and returning the inquisition, one dollar and fifty cents; summoning a special jury struck pursuant to an order of the court, and returning the panel, one dollar and fifty cents; summoning a jury pursuant to any precept or summons of any officer in any special proceeding, one dollar, and for attending such jury, when required, fifty cents; bringing up a prisoner upon habeas corpus to testify or answer in any court, one dollar, and for traveling each mile from the jail, thirteen cents; for Attending with attending any court with such prisoner, one dollar per day, besides actual necessary expenses; bringing up a prisoner upon habeas corpus with the cause of his arrest and detention, one dollar, and for traveling, thirteen cents for each mile from the jail; attending before any officer with a prisoner for the purpose of having him surrendered in exoneration of his bail, or attending to receive a prisoner so surrendered, who was not committed at the time, and receiving such prisoner into his custody in either case, one dollar; attending a view, when ordered by the court, one dollar and fifty cents per day, including the time occupied in going and returning; serving an against vessels, attachment upon any ship, boat or vessel, in proceedings to enforce any lien thereon, created by law, seventy-five cents, with such additional compensation for his trouble and expenses in taking possession of and preserving the same as the officer issuing the warrant shall certify to be reasonable; for making and returning an inventory and appraisal to the appraisers, one dollar for each day actually employed, and fifty cents for each half day; and for drafting the inventory, twenty-five cents for each folio, and for copying the same, six cents for each folio; for selling any ship, boat or vessel, or the tackle, apparel or furniture thereof, so attached, and for advertising such sale, the same fees as for sales on exccutions; for giving notice for general or special election to the inspectors of the different townships and wards of his county, fifty cents for each township or ward, and the expenses of publishing such notices required by law, such fees and expenses to be paid by the county, as other contingent expenses thereof; for any services which may be rendered by a constable, the same fees as are allowed by law for such services to a constable; for attending the supreme court by the order of the court, two dollars and fifty cents for each day, to be allowed by the Auditor General, on the certificate of the clerks, and paid out of the State treasury; for attending a circuit court, by the order of the court, one dollar and fifty cents for each day, except in the counties of Kent and Wayne. Attending cir- In the county of Kent, for attendance on the said circuit court, shall be two dollars and fifty cents for each day, to be allowed and paid by the county in the same manner Inventory. Selling vessel, etc. Notice of elections. Services as constable. Attending supreme court. cult court, Kent county. cult court in as other contingent charges of the county. In the county Attending cirof Wayne on and after the first day of January, eighteen wayne county. hundred and ninety-seven, there shall be paid to the deputy sheriffs in actual attendance on the circuit court in the said county the sum of one thousand dollars per annum to be allowed and paid as other contingent charges of the county are paid: Provided, The number of said deputies shall not exceed two for each judge of said circuit. For summoning grand or petit jurors to attend the grand or petit circuit court, fifty cents for each juror summoned; serving jurors. in jail, execution. a subpoena for witnesses, fifteen cents for each witness witnesses. summoned, and ten cents for each mile actually traveled, in going only, but when two or more witnesses live in the same direction, traveling fees shall be charged only from the farthest; keeping and providing for debtor in jail Keeping debtor in all cases where the debtor is unable to support himself, fifty cents for each day, to be paid by the creditor each week, in advance, and which sum the creditor shall be entitled to recover from the debtor; for mileage on Mileage on every execution collected, ten cents per mile, for going only, to be computed from the court house of his county; for selling lands on the foreclosure of a mortgage by an Selling land. advertisement, and executing a deed to the purchaser and for all services required on such sale, three dollars. And any sheriff or other officer who shall demand or receive Penalty for any greater fees or compensation for performing any of rees. the services herein before mentioned than is herein before allowed, shall, in addition to all other liabilities now provided by law, be liable to the party injured or paying such illegal fees, in three times the amount so demanded, received, or paid, together with all costs of suit or prosecution; and any sheriff or other officer neglecting or refusing any of the services required by this act, after the fees. specified have been tendered, shall be liable to the party injured for all damages which he may sustain by reason of such neglect or refusal. Approved April 17, 1895. receiving illegal [ No. 78. ] AN ACT to amend section forty-five of act number one hundred and fifty-five of the session laws of eighteen hundred fifty-one, entitled "An act to provide for the formation of companies to construct plank roads," the same being section three thousand six hundred and forty of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, Section That section forty-five of act number one hundred fifty-five amended, of the session laws of eighteen hundred fifty-one, entitled |