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Court to direct investment of moneys.

discharge of his duties, and the proper disposition of the proceeds of the sale, as may be ordered by the court.

SEC. 3. The court shall make all proper orders and directions from time to time for the management, investment and disposition of the moneys received from such sale, and the interest and income therefrom.

Ordered to take immediate effect.
Approved March 16, 1881.

Territory com.

[No. 32.]

AN ACT to reorganize the eleventh and twelfth judicial circuits and to create the twenty-fifth judicial circuit.

SECTION 1. The People of the State of Michigan enact, That prising circuits. from and after the first day of January in the year eighteen hundred and eighty-two, the counties of Chippewa, Mackinac, Manitou and Schoolcraft shall be formed into and constitute the eleventh judicial circuit; the counties of Ontonagon, Houghton, Keweenaw, Baraga and Isle Royale shall be formed into and constitute the twelfth judicial circuit; and the counties of Marquette, Delta and Menominee shall be formed into and constitute the twenty-fifth judicial circuit.

Present judges

11th and 12th

circuits.

SEC. 2. The judges of the eleventh and twelfth judicial circuits to hold court in shall continue to hold courts at the times and places heretofore designated, throughout said circuits as heretofore organized respectively, until said first day of January, eighteen hundred and eightytwo, and to do all other judicial acts, and to exercise all other judicial powers therein until that time.

Election of circuit judge.

Proviso.

Notice of elec

by sheriff.

SEC. 3. The qualified voters of the counties mentioned in the first section of this act shall, on the first Monday in April, eighteen hundred and eighty-one, elect a circuit judge of the circuit of which they are hereby made a part respectively, who shall hold his office, commencing on the first day of January, eighteen hundred and eighty-two, for the term of six years, and until his successor is elected and qualified: Provided, No person shall be eligible to the office of judge in any of said circuits unless he shall have resided in one of said circuits for thirty days next preceding the election therein.

SEC. 4. It shall be the duty of the sheriffs of the several counties tion to be given mentioned, at least ten days before the first Monday of April next,. to notify the township clerk of each township, and the inspectors of election of each ward in any city, in their respective counties, of said election of circuit judge, and said township clerks and ward inspectors shall post notices in the usual manner for such elections, in townships and wards at least three days previous to the day of election.

Elections, how conducted.

SEC. 5. The said elections for circuit judge shall be conducted, and returns made as prescribed by law for the election of circuit

judges in the several judicial circuits of this State, and the State board of canvassers shall, without delay, on the receipt of the returns from said counties, proceed to canvass the votes, and to deliver to the persons elected a copy of their determination, or certificate of election as required by law.

where filed.

of holding court.

SEC. 6. It shall be the duty of each of the persons so elected as Oath of office, circuit judges to file his oath of office with the secretary of state on or before the first day of November following his election, and immediately thereafter, and on or before the same first day of November, to fix and appoint the times of holding terms of court in Judge to fix time his circuit, and to give notice of the same in conformity to the provisions of section forty-nine hundred and thirty-nine of the compiled laws of this State; and said judges shall have jurisdiction in all judgments, decrees, records, files, books, papers, suits, prosecutions, causes and proceedings pending in the circuit courts of the counties composing their respective circuits.

Ordered to take immediate effect.
Approved March 17, 1881.

[No. 33.]

AN ACT to provide for the publication of monthly crop and

stock reports.

State to obtain

SECTION 1. The People of the State of Michigan enact, That Secretary of the secretary of state shall each year obtain monthly statements as reports of condito the condition of live stock, condition and prospects of the tion of crops, etc. growing crops, and as soon after the harvests as possible, statements as to the yield of wheat and other farm and fruit products; he shall also ascertain the quantity of wheat, wool, apples and other products marketed, and the quantity remaining in farmers' hands. And the said secretary of state shall prepare a monthly To prepare and abstract of the information thus obtained and shall insert therein publish monthly the number of townships from which reports have been received and shall publish a sufficient number of copies of the same to furnish one copy to each newspaper published in this State, one copy to each member of the legislature, one copy to each correspondent furnishing information for said abstract, and one thousand copies for general distribution.

abstracts.

spondents in

SEC. 2. That it shall be the duty of the secretary of state, as To solicit corre soon as practicable after the passage of this act, to select not less each township. than one person in each township who shall be willing to act as correspondent of the department and furnish the information required by the first section of this act, and such further informa

tion as shall be deemed useful. And such person shall thereafter, Compensation of as long as he shall faithfully perform the duties of a correspondent, correspondent, be entitled to one copy of each of the reports published by the State department relating to agricultural subjects, also to one copy

of each of the annual reports of the State board of agriculture and of the State horticultural society.

Approved March 17, 1881.

Substance in semblance of butter to be

stamped.

How stamped.

[No. 34.]

AN ACT for the protection of dairymen, and to prevent deception

in sales of butter.

SECTION 1. The People of the State of Michigan enact, That every person who shall manufacture for sale, or who shall offer or expose for sale, by the tub, firkin, box or package, or any greater quantity, any article or substance in semblance of butter not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which the oil or fat of animals not produced from milk enters as a component part, or into which melted butter, or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon the top and also upon the side of every such tub, firkin, box, or package of such article or substance, the word "Oleomargarine," if such article or substance is composed in part of suet or tallow, or the word "Butterine," if such article or substance is composed in part of lard, where it can be plainly seen, in Roman letters which shall be burned on, or printed thereon with permanent black paint, in a straight line, and each letter shall be not less than one inch in length; and in case of retail sales of such articles or substance, in parcels, the seller shall in all cases sell, or offer, or expose the same for sale from a tub, firkin, box, or package stamped, branded, or marked, as herein stated, and shall also deliver therewith to the purchaser a furnished pur- printed label bearing the plainly printed word "Oleomargarine," or "Butterine," as the same may be, with the name of the manufacturer in Roman letters not less than one-half inch in length which shall be printed in a straight line; and every sale of such article or substance by tub, firkin, box or package, or in any greater quantity not so stamped, branded, or marked as "Oleomargarine" or "ButWhen sale void. terine," as the same may be, and every sale of such article or substance at retail in parcels that shall not be sold from a tub, firkin, box, or package, so stamped, branded, or marked, or without delivery of a label therewith as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this State to recover upon any contract for the sale of any such article or substance not so stamped, branded, marked, labeled, or sold.

Label to be

chaser.

Penalty for selling without stamping.

SEC. 2. Every person who shall sell, or offer, or expose for sale, or who shall cause or procure to be sold, offered, or exposed for sale, by the tub, firkin, box, or package, or in any greater quantity, any article or substance required by the first section of this act to be stamped, branded, or marked, that shall not be so stamped, branded, or marked, or in case of retail sales in parcels, every person who shall

sell, or offer or expose for sale, or who shall cause or procure to be sold, offered or exposed for sale, any article or substance required by the first section of this act to be sold, offered or exposed for such sale from a tub, firkin, box, or package, stamped, branded, or marked, and labeled as therein stated, contrary to the provisions of said section, shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hundred dollars, and the costs of prosecution, or by imprisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment for each and every offense.

Approved March 17, 1881.

[No. 35.]

AN ACT to amend section one of chapter sixty-seven of the revised statutes of eighteen hundred and forty-six, being section four thousand three hundred and nine of the compiled laws of eighteen hundred and seventy-one, concerning title to real property by descent.

amended

SECTION 1. The People of the State of Michigan enact, That Section section one of chapter sixty-seven of the revised statutes of eighteen hundred and forty-six, being section four thousand three hundred and nine of the compiled laws of eighteen hundred and seventy-one, concerning title to real property by descent, be and the same is hereby amended so as to read as follows:

(4309.) SECTION 1. When any person shall die seized of any lands, How land, etc., tenements, or hereditaments, or of any right thereto, or entitled to to descend. any interest therein, in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in manner following:

First, In equal shares to his children, and to the issue of any deceased child by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all of the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise they shall take according to the right of representation;

Second, If he shall have [leave] no issue, his estate shall descend to his widow during her natural lifetime, and, after her decease, to his father; and if he shall leave no issue or widow, his estate shall descend to his father;

Third, If he shall leave no issue, nor widow, nor father, his estate shall descend in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation: Provided, That if he shall leave a mother also, she shall take an equal share with his brothers and sisters;

Fourth, If the intestate shall leave no issue, nor widow, nor father,

and no brother nor sister, living at his death, his estate shall descend to his mother, to the exclusion of the issue, if any, of deceased brothers or sisters;

Fifth, If the intestate shall leave no issue, nor widow, husband, father, mother, brother, nor sister, his or her estate, as the case may be, shall descend to his or her next of kin in equal degrees, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote: Provided, however,

Sixth, If any person shall die, leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation;

Seventh, If, at the death of such child who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally, otherwise they shall take according to the right of representation;

Eighth, If the intestate shall leave a husband or wife and no issue, nor other lineal descendants, nor father, mother, brother nor sister, and there be no issue of brothers or sisters, the estate of such intestate shall descend to the husband or wife of such intestate, as the case may be;

Ninth, If the intestate shall leave no wife, nor husband, nor kindred, his or her estate, as the case may be, shall escheat to the people of this State for the use of the primary school fund. Approved March 17, 1881.

Justices of the peace authorized to issue subpœnas.

[No. 36.]

AN ACT to authorize and compel the attendance of witnesses by the insurer or insured in the adjustment and arbitration of fire losses in insurance companies organized under the laws of this State.

SECTION 1. The People of the State of Michigan enact, That any justice of the peace of this State is hereby authorized and required to issue subpoenas, and compel the attendance of witnesses before the president, vice-president, board of directors, or either of the directors, or the auditor or board of auditors of any mutual fire insurance company organized under the laws of this State, whenever requested so to do by said officers of such insurance companies,

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