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[ No. 124. ] AN ACT to provide for the incorporation of regimen
nts and companies of the Deutscher Landwehr-UnterstuetzungsVerein.
ciation, contents of
SECTION 1. The People of the State of Michigan enact, Authority to That the regiment and any companies of the Deutscher Incorporate. Landwehr-Unterstuetzungs-Verein of the State of Michigan may be incorporated in pursuance of the provisions of this act.
SEC. 2. Any ten or more persons, citizens of this State, who may incorwho have served in the German army, and are desirous of becoming incorporated, may make and execute articles of association under their hands and seals, which said articles Articles of assoof association shall be acknowledged before some officer of this State, having authority to take acknowledgments of deeds and shall set forth:
First, The names of persons associating in the first instance and their places of residence;
Second, The corporate name by which such association shall be known in the law and the place of its business office;
Third, The object and purpose of such association, which shall be to promote the social and benevolent interests of the fraternity known as Regiment Michigan, and its companies organized under it of the Deutscher Låndwehr-Unterstuetzungs-Verein, Regiment Michigan, and the period for which it is incorporated, not exceeding thirty years.
SEC. 3. A copy of said articles of association shall be To be filed with filed with the Secretary of State, and thereupon the persons State, etc. who shall have signed such articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, take, receive, hold and enjoy to them and their successors, estates, real and personal, of suing and being sued, and they and their successors may have a common seal which may be changed and altered at their pleasure: Provided, That the value of such real and personal estate shall not exceed the sum of twenty-five thousand dollars, and they may and their successors shall have authority and power to give, grant, sell, lease, mortgage and dispose of said real and personal estate or any part thereof at their will and pleasure, and the proceeds thereof, rents and incomes therefrom, shall be devoted exclusively to the humane and benevolent purposes of the Deutscher Landwehr-Unterstuetzungs-Verein, Regiment Michigan, of the State of Michigan.
SEC. 4. Said corporation shall have full power and author- May make rules, ity to make and establish rules, regulations and by-laws for regulations, etc.
be prima facie
regulating and governing all the affairs and business of said corporation, according to the laws of this State and the United States, and to designate, elect, or appoint from its [numbers] number such officers under such name and style
as shall be in accordance with the constitution of said society. Copy of record to
SEC. 5. A copy of the records of such articles of assoevidence. ciation under the seal of the State, duly certified according
to law, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation
of such corporation. May institute, SEC. 6. Such corporation, when duly formed, shall have companies, etc. power to institute and charter subordinate companies within
this State, and from time to time to make, ordain, institute and establish such constitution, general laws and by-laws, ordinances and regulations as the regiment shall judge proper for the regulation and government of such subordi
nate companies, not repugnant to the laws of this State: Proviso. Provided, That the existing subordinate companies, hereto
fore duly chartered by the regiment, shall be subject to the control of the regiment, under this act as heretofore, and in the same manner and to the same extent as those
that may be hereafter instituted and chartered under this Further proviso. act: Provided further, That in case the corporation or
persons associating in the first instance shall, by death, resignation or for other causes, under the rules of the regiment become ineligible to act in such capacity, their success
ors may, from time to time, be appointed by the regiment. Who may incor SEC. 7. Any ten or more persons, citizens of this State, porate, etc.
being members of subordinate companies of the Deutscher Landwehr-Unterstuetzungs-Verein, having been duly chartered by the regiment, desirous to become incorporated, may make and execute articles of association, specifying as provided in section two of this act, and file a copy of the same with the clerk of the county in which such corporation shall be formed, which shall be recorded by such clerk in a book to be kept in his office for that purpose, and thereupon the persons who shall have signed such articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in law capable to purchase, hold, enjoy, grant, sell, give, lease and devise real and personal estate, of suing and being sued, and may have a common seal and change and alter the same at pleasure, and a certified copy of the record of such articles of association under the seal of the county where the said record is kept shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporations: Provided, That such corporation shall be limited to the powers and provisions of section three of this act, regarding real and personal estate and the proceedings thereof under the rules and regulations of
the regiment, and may elect or appoint from among its numbers such officers under such name and style as shall be in accordance with its constitution.
SEC. 8. The location of the business office of the regi- Location of ment and State convention shall be located in the city of Detroit, county of Wayne and State of Michigan, and subordinate companies shall have their business office where said company has been chartered and organized.
Approved June 12, 1891.
[ No. 125. ]
AN ACT to amend sections one and two, of act number
two hundred and seventy-five of the public acts of one thousand eight hundred and eighty-seven, entitled “ An act to prohibit railroad companies from taking up their tracks, abandoning their stations, and failing to operate their roads in certain cases.' SECTION 1. The People of the State of Michigan enact, Sections That sections one and two, of act two hundred and seventyfive, of the public acts of one thousand eight hundred and eighty-seven, entitled "An act to prohibit railroad companies from taking up their tracks, abandoning (their) stations, and failing to operate their roads in certain cases" be so amended as to read as follows:
SECTION 1. It shall be unlawful for any railroad company, Unlawful to take organized under any law of this State, and whose road has etc., track, exbeen constructed wholly or in part by public aid or local cept on decree subscription given as a bonus for such construction, having once constructed and put in operation the whole or any portion of said road, and located and opened for business, stations and houses thereon, to thereafter take up, abandon or cease the operation of its said track, or any portion thereof or to close up and abandon its said stations and station houses, or to withdraw the agents therefrom, except upon the decree or order of the circuit court of the county or counties through which said road may run, and in which it is desired to take up and abandon such track, or to close up such station or stations and withdraw the agents therefrom, upon petition of the railroad company desiring to make such Petition of railabandonment to be made to said court and after citation to the commissioner of railroads and at least four weeks' Notice of penpublication of the pendency of the petition aforesaid in some etc. newspaper published in the county or counties in which the track proposed to be abandoned runs, and if there be no such paper published in such county or counties then in some newspaper published in the city of Lansing, in said [this] State, and after making such citation and publication as herein provided, a hearing upon said petition shall be had in like manner as is provided by law for other chancery
of court, etc.
dency of petition
Proviso as to repayment of bonus, etc.
as to deeding back right of way.
Company violating act liable in damages, etc.
proceedings in this State, and at such hearing the said commissioner of railroads, either by the Attorney General or the prosecuting attorney of the county in which said proceedings shall be had, or any citizen interested, either in person or by attorney, shall be entitled to appear and be heard in opposition to the granting of said petition: Provided, That no order or decree granting the prayer of any such petition shall be made by any circuit court except upon condition that such railroad company first pay back to each individual, private, or public corporation, or to the heirs, executors, administrators, successors or assigns of such individual or corporation, all moneys received by such railroad company from such individual or corporation as a bonus and interest thereon at the rate of six per cent per annum, from
and after the time such bonus was granted, not to exceed Further proviso five years: And provided further, That such railroad com
pany first deed back to the person, persons or corporation from whom it was received or to his or its heirs, assigns, executors, administrators or successors, each and every tract, part or parcel of land or right of way, obtained from such person, persons or corporation.
SEC. 2. Any company violating any of the provisions of section one of this act shall be liable in damages to any individual company or corporation having contributed as a bonus either as public aid or private subscription to the construction of said railroad, whether such bonus was in the form of land, money, labor, buildings or material, in such sum or sums as they may be able to prove they will sustain or have sustained on account of such abandonment, and they may bring their action in any court of competent jurisdiction in this State. And no decree or order for a proposed abandonment shall take effect or be of any force
until all awards of such contributors be first legally and Proviso as to log- fully settled and paid: Provided, That the provisions of
this act shall not apply to any forest or ore roads constructed
exclusively for the purpose of logging or mining: And Further proviso. provided further, That this act shall not apply to the aban
donment by any railroad company of its tracks between two
This act is ordered to take immediate effect.
ging or ore roads.
[ No. 126. ]
AN ACT to amend sections seven, ten and fifteen, and to
change the numbers of sections sixteen and seventeen, and to add new sections known as numbers sixteen, seventeen
eighteen, nineteen, twenty, twenty-one, twenty-two, twentythree, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two and thirty-three to act number one hundred eight of the public acts of one thousand eight hundred eighty-nine, entitled "An act to provide for the incorporation of trust, deposit and security companies, and to repeal act fifty-eight of the session laws of one thousand eight hundred seventy-one, approved March twenty-nine, one thousand eight hundred seventy-one, entitled 'An act to provide for the incorporation of trust, deposit and security companies,' being chapter eighty-eight, of Howell's Annotated Statutes; also to repeal act number one hundred twenty-three, of session laws of one thousand eight hundred eighty-three, approved May twenty-five, one thousand eight hundred eighty-three, entitled 'An act to amend section nine, of act fifty-eight, of the session laws of thousand eight hundred seventy-one,'” approved March twenty-nine, one thousand eight hundred seventy-one, being compiler's section two thousand two hundred ninety, relative to the corporate rights of trust, deposit and security companies.
SECTION 1. The People of the State of Michigan enact, Act amended, That sections seven, ten and fifteen of an act entitled “An etc. act to provide for the incorporation of trust, deposit and security companies, and to repeal act fifty-eight of the session laws of eighteen hundred seventy-one, approved March twenty-nine, eighteen hundred seventy-one, entitled 'An act to provide for the incorporation of trust, deposit and security companies,' being chapter eighty-eight of Howell's Annotated Statutes; also to repeal act number one hundred twenty-three of the session laws of eighteen hundred eightythree, approved May twenty-five, eighteen hundred eightythree, entitled 'An act to amend section nine of act fiftyeight, of the session laws of eighteen hundred seventy-one, approved March twenty-nine, eighteen hundred seventy-one, being compiler's section two thousand two hundred ninety, relative to the corporate rights of trust, deposit and security companies, be and the same are hereby amended so as to read as hereinafter contained. And that the numbers of sections sixteen and seventeen of said first mentioned act be changed, etc. and the same are hereby changed to numbers thirty-four and thirty-five respectively, as hereinafter contained. And that sections numbered sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twentynine, thirty, thirty-one, thirty-two and thirty-three, be and the same
are hereby added to the said act as hereinafter contained.
Sec. 7. The stock, property and affairs of such corporation Election of shall be managed by not less than seven directors, each of directors, etc. whom shall own and hold in his own name not less than ten shares of the capital stock of the company, to be elected