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The bill was then referred to the committee on engrossment and enrollment for enrollment.

The President also announced the following':

To the President of the Senate:

HOUSE OF REPRESENTATIVES,

Lansing, May 1, 1885.

SIR-I am instructed by the House to return to the Senate the following entitled joint resolution:

Senate joint resolution No. 25, entitled

Joint resolution authorizing the Board of State Auditors to adjust the claim of Peter Des Pelder, growing out of the sale of certain State swamp lands,

And to inform the Senate that the House has amended the same by adding at the end thereof the following: "Provided, That the State of Michigan secure reimbursement therefor from the general government";

In the passage of which as thus amended, the house has concurred by a majority vote of all the members elect, and has ordered the same to take immediate effect by a vote of two thirds of all the members elect.

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Mr. Belknap moved that the Senate concur in the amendments made to the joint resolution by the House;

Which motion prevailed, by yeas and nays as follows:

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The joint resolution was referred to the committee on engrossment and enrollment for enrollment.

The President also announced the following:

To the President of the Senate:

HOUSE OF REPRESENTATIVES, }
Lansing, May 1, 1885.

0

SIR-I am instructed by the House to return to the Senate the following entitled bills:

1. Senate bill No. 516 (File No. 135), entitled

A bill to amend section 2 of act No. 27, of the session laws of 1882, approved

March 15, 1882, entitled "An act to provide for the incorporation of the Grand Council of the Royal Templars of Temperance, and any select council of the order in the State of Michigan;

2. Senate bill No. 382 (File No. 95), entitled

A bill to amend chapter 106 of the compiled laws of 1871, being chapter 167 of Howell's Annotated Statutes, relative to industrial schools, by adding two new sections thereto, to stand as sections 7 and 8;

In the passage of which the House has concurred by a majority vote of all the mombers elect.

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The two bills were referred to the committee on engrossment and enrollment for enrollment.

The President also announced the following:

To the President of the Senate :

HOUSE OF REPRESENTATIVES,

Lansing, May 1, 1885.

}

SIR-I am instructed by the House to return to the Senate the following entitled bill:

Senate bill No. 362 (File No. 96) entitled

A bill to amend section 4 of act No. 316 of the session laws of 1877, as amended by act No. 323 of the session laws of 1879, being an act entitled "An act to reörganize the union school district of the city of Flint, and to repeal act 309 of the session laws of 1867, act No. 375 of the session laws of 1871, and act No. 22 of the session laws of 1872;"

And to inform the Senate that the House has amended the same by striking out section 4 and inserting the following to stand as section 4:

SEC. 4. For the purpose of the election of trustees under this act, the said Union school district shall be divided into three sub-districts; the first to consist of that portion of said district lying north of Flint river; the second to consist of that portion of said district lying south of Flint river and east of Saginaw street; and the third to consist of that portion of said district lying south of Flint river and west of Saginaw street (provided that in said third sub-district, one of said trustees shall be and remain during his term of office a resident of the fourth ward of the said city of Flint). The election of trustees shall be by ballot, and each qualified voter may vote in the ward in which he resides and not elsewhere, for one person for the office of trustee from his sub-district. Each trustee shall be a qualified voter and resident of the sub-district in which he shall be elected. At least eight days before the election notice thereof shall be given by the secretary in the official paper of the city, and if any vacancy is to be filled, like notice thereof shall be given. The election shall be held at the same time and place and conducted in the same manner and by the same officers in each ward as is provided by the charter for the election of ward officers. The inspectors of election in the several wards of the city are hereby required to prepare a separate ballot box at each of the annual elections provided for in this act, to receive all ballots that may be offered at such election for trustees of said Union school district from the sub-district in which the ward may be, and no other officer shall be voted for on such ballot. The said inspectors of election shall make the same canvass and public statement of votes given for trustees as for ward officers and also a certificate of the number of votes given for each person for the office of trustee, which shall be immediately filed in

the office of the secretary of the board of trustees; and on the Wednesday next following such election, the said board shall meet at the office of its secretary and ascertain the person who has received the greatest number of votes given for said office in each sub-district, and declare him elected trustee therefrom of said Union school district for the term of three years from the first Monday of May then next ensuing, and immediately after such determination said secretary shall cause notice thereof to be given to the person so elected. When

a vacancy in the office of trustee shall exist, it shall be filled by election at the same time and in the same manner as aforesaid, for the residue of the vacant term: Provided, That the voters shall express upon his ballot that the person voted for is to fill vacancy;

In the passage of which as thus amended, the House has concurred by a majority vote of all the members elect, and has ordered the same to take immediate effect by a vote of two-thirds of all the members elect.

Very respectfully,

DANIEL L. CROSSMAN,
Clerk of the House of Representatives.

On motion of Mr. Austin,

The bill was laid on the table.

MOTIONS AND RESOLUTIONS.

Mr. G. A. Smith offered the following concurrent resolution:

Resolved by the Senate, (the House concurring), That the joint committee on taxation be instructed to so frame the tax bill to be presented to this Legislature, as to provide for the semi-annual payment of taxes.

On motion of Mr. Moon,

The concurrent resolution was laid on the table.

THIRD READING OF BILLS.

House bill No. 304 (File No. 126), entitled

A bill to provide for an attorney fee in the foreclosure of real estate mortgages by advertisement;

Was read a third time, and pending the taking of the vote thereon,

By unanimous consent, Mr. Phelps moved to amend the bill as follows:

By striking out of section 1, lines one and two, the words, "where an attorney and counsellor-at-law is employed to foreclose the same an attorney," and inserting in lieu thereof the word "a;"

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The Senate went into committee of the whole on the general order,

Mr. Shoemaker in the chair.

After some time spent therein, the committee rose, and, through their chairman made the following report:

I.

The committee of the whole have had under consideration the following. House bill No. 235 (File No. 128), entitled

A bill to amend section 45 of chapter 158 of the compiled laws of 1871 relative to the payment of debts and legacies of deceased persons, the same being section 5932 of Howell's Annotated Statutes,

House bill No. 256 (File No. 153), entitled

A bill to amend section 1 of act No. 142, of the session laws of 1883, being an act entitled "An act to provide for selecting petit jurors in the Upper Peninsula; "

Have made no amendments thereto, and have directed their chairman to report the same back to the Senate, and recommend their passage.

II.

The committee of the whole have also had under consideration the following.

House bill No. 159 (File No. 72), entitled

A bill to prohibit and to regulate the removal of certain civil causes to the supreme court when the matter in controversy is less than $100;

Have stricken out all after the enacting clause thereof, and ask the concurrence of the Senate in their action.

Report accepted and committee discharged.

M. SHOEMAKER, Chairman.

The first named bills were placed on the order of third reading of bills. Mr. Shoemaker moved that the Senate concur in the recommendation of the committee regarding the second named bill.

Mr. Brown called for the yeas and nays.

The motion then prevailed by yeas and nays as follows:

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The Senate met and was called to order by the President.

Roll called a quorum present.

Mr. Phelps moved that

House bill No. 7 (File No. 3), entitled

A bill to provide for the penalty of death in certain cases of murder,
Be made a special order for Thursday, May 14, at 2 o'clock P. M.
Which motion prevailed.

On motion of Mr. Woodruff,

GENERAL order.

The Senate went into committee of the whole on the special order,

Mr. Sherwood in the chair.

After some time spent therein, the committee rose, and, through their chairman, made the following report:

I.

The committee of the whole have had under consideration the following:

House bill No. 295 (File No. 115), entitled

A bill to provide for the challenge of talesmen in justices' courts, Have made no amendments thereto, and have directed their chairman to report the same back to the Senate and recommend their passage.

II.

The committee of the whole have also had under consideration the following:

Senate bill No. 82 (File No. 93), entitled

A bill to regulate the practice of pharmacy in the State of Michigan; Have made sundry amendments thereto, and have directed their chairman to report the same back to the Senate, asking concurrence therein, and recommend their passage.

III.

The committee of the whole have also had under consideration the following: House bill No. 240 (File No. 102), entitled

A bill to provide for the number of jurors in trials of civil actions in courts of record,

Have directed their chairman to report the same back to the Senate, with the recommendation that the bill be printed in the Journal and re-committed to the committee of the whole.

H. C. SHERWOOD, Chairman.

Report accepted and committee discharged.

The first named bill was placed on the order of third reading of bills.

On motion of Mr. Sherwood,

The Senate concurred in the amendments made by the committee to the second named bill, and the same was placed on the order of third reading of bills.

Mr. Henry moved that the Senate concur in the recommendation of the committee regarding the third named bill.

Mr. Carveth called for the yeas and nays.

The motion prevailed, by yeas and nays, as follows:

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A BILL to provide for the number of jurors in trials of civil actions in courts of record.

SECTION 1. The People of the State of Michigan enact, That in all trials by jury, in civil actions, in courts of record of this State, said jury shall consist of six persons, except when a less number shall be agreed upon by the interested parties.

SEC. 2. Whenever at any regular special, or adjourned term of any court

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