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Non-resident (55071.) SEC. 19. The district board may admit to the dispupils' tuition, etc.

trict schools non-resident pupils, and may determine the rates Proviso. of tuition of such pupils and collect the same: Provided, That

when non-resident pupils, their parents or guardians, pay a school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition and they shall only be required to pay tuition for the difference

therein. Duty of trustees. ($5134.) SEC. 3. It shall be the duty of the board of

trustees in any graded school district: To classify First, To classify and grade the pupils attending schools pupils.

in such district and cause them to be taught in such schools

or departments as they may deem expedient; To establish Second, To establish in such district a high school when high school, etc. ordered by a vote of the district at an annual meeting, and

to determine the qualifications for admission to such school,

and the fees to be paid for tuition in any branch taught Proviso as to therein: Provided, That when non-resident pupils, their tuition.

parents or guardians, shall pay a school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition and they shall only be required to pay tuition for the difference between the amount

of the tax and the amount charged for tuition; To audit and Third, To audit and order the payment of all [of] the accounts.

accounts of the director for incidental or other expenses incurred by him in the discharge of his duties; but no more than fifty dollars shall be expended by the director in one year for repairs of the buildings or appurtenances of the district

property without the authority of the board of trustees; To employ Fourth, To employ all qualified teachers necessary for the teachers.

several schools, and to determine the amount of their compensation and to require the director and moderator to make contracts with the same on behalf of the district, in accordance with the provisions of law concerning contracts with

teachers; To employ Fifth, To employ such officers and servants as may be officers, etc.

necessary for the management of the schools and school prop

erty, and prescribe their duties and fix their compensation; Other duties, Sixth, To perform such other duties as are required of

district boards in other school districts.

Approved April 2, 1891.

pay directors'

[ No. 22.]

AN ACT to provide for the incorporation of lodges of the

Benevolent and Protective Order of Elks.

Lodges of Elks may be incor porated.

SECTION 1. The People of the State of Michigan enact, That any lodge of the Benevolent and Protective Order of Elks, organized within this State, and having & charter from the Grand Lodge of the Benevolent and Protective

bers may form,

with Secretary of State.

Order of Elks, may become incorporated under the provisions of this act.

SEC. 2. Any ten or more persons, residents of this State, Ten, etc., membeing members in good standing of a lodge of the Benevolent and Protective Order of Elks, having competent authority from the Grand Lodge of the order, desirous to become incorporated, may make and execute articles of association, under their hands and seals, which articles of Articles of inassociation shall be acknowledged before some officer author-contents of. ized by law to take acknowledgments of deeds, and shall set forth:

First, The names of the persons associating in the first instance, and their place 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 objects and purposes of such association, which shall be to protect and aid its members and their families, and to promote friendship, and social intercourse, and to accumulate a fund for that purpose; and the period for which it is incorporated, not exceeding thirty years.

SEC. 3. A copy of said articles of association, together Articles filed with the charter and constitution of the Grand Lodge of the Benevolent and Protective Order of Elks, shall be filed with the Secretary of State; and thereupon the persons who have signed such articles of association, their associates and successors, shall be a body politic and corporate, by the Body politic. 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 to have a common seal, which may be altered or changed at their pleasure: Provided, That the value of such real and personal estate Proviso as to shall not exceed the sum of fifteen thousand dollars, and that they and their successors shall have power to give, grant, sell, lease, demise and dispose of said real and personal estate or part thereof at their will and pleasure, and the proceeds, rents and incomes shall be devoted to the protection and aid of its members and their families, and for no other purpose. Said corporation shall have full power to Establish make and establish rules, regulations and by-laws, for reg

by-laws, etc. ulating and governing all the affairs and business of said corporation not repugnant to, or inconsistent with the constitution, rules and edicts of the Grand Lodge of the order, or the constitution and laws of this State, or of the United States, and to elect and appoint from its members, such officers under such name and style as shall be in accordance with the constitution of the Grand Lodge of the order.

Sec. 4. A copy of the record of such articles of associ- Prima facie ation under the seal of the State, duly certified according to

property owned.

evidence.

law, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation

Approved April 2, 1891.

Act repealed.

[ No, 23. ] AN ACT to repeal all of act number eleven of the public

acts of the year eighteen hundred and seventy-seven, entitled “An act to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals," approved February fourteenth, eighteen hundred seventy-seven.

SECTION 1. The People of the State of Michigan enact, That all of act number eleven of the public acts of the year eighteen hundred and seventy-seven, entitled "An act to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals," approved February fourteenth, eighteen hundred seventy-seven, the same being compiler's section numbers nine thousand two hundred seventy-four, nine thousand two hundred seventy-five, and nine thousand two hundred seventy-six, Howell's Annotated Statutes, page 2246, be and the same is hereby repealed.

Approved April 3, 1891.

Section amended.

[ No. 24. ] AN ACT to amend section thirty-one of act number thirty

five of the public acts of eighteen hundred and sixty-seven, entitled “An act to provide for the formation of street railway companies” as amended by act number one hundred and thirty-one of the public acts of one thousand eight hundred and eighty-nine. SECTION 1. The People of the State of Michigan enact, That section thirty-one of act number thirty-five of the public acts of eighteen hundred and sixty-seven, entitled "An act for the formation of street railway companies," as amended by act number one hundred and thirty-one, of the public acts of eighteen hundred and eighty-nine, be so amended as to read as follows:

Sec. 31. At all crossings of the tracks of two street railhave precedence.

ways, when a car on each road approaches such crossing at substantially the same time, the car on the track first laid shall have precedence and be entitled to the right of way: Provided, No car shall be stopped on such crossing.

Approved April 10, 1891.

Which car to

Proviso.

[ No. 25. ]

AN ACT making an appropriation for the use and mainte

nance of the University of Michigan. SECTION 1. The People of the State of Michigan enact, appropriation That there shall be and is hereby appropriated out of the and purposes of. State treasury, for the use and maintenance of the University of Michigan, the following sums, to wit:

For the year eighteen hundred and ninety-one, ninety-three thousand eight hundred and twenty-five dollars and for the year eighteen hundred and ninety-two, ninety-one thousand two hundred dollars, for the following purposes: For repairs, for the year eighteen hundred and ninety-one, the sum of five thousand dollars, and for the year eighteen hundred and ninety-two, the sum of five thousand dollars; for the insurance of the property of the University, for the year eighteen hundred and ninety-one, the sum of two thousand dollars, and for the year eighteen hundred and ninety-two the sum of two thousand dollars; for the homeopathic college and hospital, for the year eighteen hundred and ninety-one, the sum of eight thousand and two hundred dollars, and for the year eighteen hundred and ninety-two, the sum of eight thousand and two hundred dollars; for the University hospital, for the year eighteen hundred and ninety-one, the sum of eight thousand dollars, and for the year eighteen hundred and ninety-two, the sum of eight thousand dollars; for the dental college, for the year eighteen hundred and ninetyone, the sum of twelve thousand dollars, and for the year eighteen hundred and ninety-two the sum of twelve thousand dollars; for books for [libraries] library, for the year eighteen hundred and ninety-one, the sum of seven thousand five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of seven thousand five hundred dollars; for [the] contingent expenses, for the year eighteen hundred and ninety-one, the sum of twelve thousand five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of twelve thousand five hundred dollars; for repairs on the chemical laboratory, for the year eighteen hundred and ninety-one, the sum of two thousand and six hundred and twenty-five dollars; for equipment for the engineering laboratory, for the year eighteen hundred and ninety-one, the sum of two thousand dollars, and for the year eighteen hundred and ninety-two, the sum of two thousand dollars; for equipment for the physical laboratory, for the year eighteen hundred and ninety-one, the sum of three thousand dollars, and for the year eighteen hundred and ninety-two, the sum of three thousand dollars; for the equipment of the botanical and zoological laboratories, for the year eighteen hundred and ninety-one, the sum of one thousand dollars, and for the year eighteen hundred and ninety-two, the sum of one thousand dollars; for the purchase of the site for hospitals and for the completion and equipment of the hospi

tals, for the year eighteen hundred and ninety-one, the sum of twelve thousand five hundred dollars, and for the year eighteen hundred and ninety-two the sum of twelve thousand five hundred dollars; for the enlargement and alteration of the law building, for the year eighteen hundred and ninetyone, the sum of twelve thousand and five hundred dollars, and for the year eighteen hundred and ninety-two, the sum of twelve thousand and five hundred dollars; and for the enlargement and alteration of the dental building for the use of the department of engineering, for the year eighteen hundred and ninety-one, the sum of five thousand dollars, and for the year eighteen hundred and ninety-two, the sum of five thousand dollars.

SEC. 2. There shall be assessed upon the taxable property of the State, in the year eighteen hundred and ninety-one, the sum of ninety-three thousand eight hundred and twentyfive dollars, and in the year eighteen hundred and ninetytwo, the sum of ninety-one thousand two hundred dollars, which sums

shall be assessed, levied and collected in the same manner as other State taxes are assessed, levied and collected and which taxes, when collected, shall be credited up to the general fund to reimburse the same for the amount drawn therefrom, as provided in section one of this act.

This act is ordered to take immediate effect.
Approved April 10, 1891.

Taxed for.

[ No. 26. ]

Shall hold office subject to the provisions of this act.

Proviso.

AN ACT providing for the employment of, defining the

duties, and fixing the compensation of a stenographer of the twenty-sixth judicial circuit of the State of Michigan.

SECTION 1. The People of the State of Michigan enact, That from and after the passage of this act the stenographer of the circuit courts of the counties in the twenty-sixth judi

cial circuit shall hold his office under and subject to the proHow appointed. visions of this act. He shall be appointed by the Governor,

upon the nomination of the judge of said circuit, and hold his office during good behavior: Provided, The court shall have power to suspend him for incompetency or misconduct; and in case of suspension he shall cease to hold the office of stenographer, unless by order of the court his suspension

be rescinded. May appoint

SEC. 2. Said stenographer shall have the power to appoint one or more deputies, subject to the approval of the court,

whose compensation shall be paid by the stenographer: ProProviso. vided, The stenographer shall have the power to revoke said

appointments at any time.

SEC. 3. Said stenographer shall be deemed an officer of the court, and it shall be his duty to attend said court at each term and to take full stenographic minutes of the testimony

deputies.

Duty of.

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