trustees. an association, convention, conference or religious body, and This act is ordered to take immediate effect. [ No. 49. ] AN ACT to amend sections six and eight of act number one hundred and thirty-six of the public acts of eighteen hundred and eighty-five, being an act entitled, "An act to provide for the appointment, compensation and duties of a stenographer for the sixteenth judicial circuit. SECTION 1. The People of the State of Michigan enact, sections That sections six and eight of act number one hundred and thirty-six of the public acts of eighteen hundred and eightyfive, being an act entitled "An act to provide for the appointment, compensation and duties of a stenographer for the sixteenth judicial circuit, be and the same are hereby amended so as to read as follows: amended. SEC. 6. The stenographer so appointed shall receive as a Salary. compensation for such services the sum of five hundred dollars per annum, which sum shall be paid in monthly installments as hereinbefore provided, out of the county treasury of the county of Macomb, upon the order of the clerk of said county, said clerk being hereby authorized and directed to draw such orders and the county treasurer to pay the same upon presentation: Provided, The circuit judge shall certify Proviso.. thereon that said services have been faithfully performed. SEC. 8. To make up and pay the salary specified in sec- Appropriation tion six of this act, the board of supervisors of the said for salary. county of Macomb shall annually appropriate the sum of. five hundred dollars for such purpose. Ordered to take immediate effect. Approved May 1, 1891. [ No. 50. ] Election of presidential electors. Alternates. AN ACT to provide for the election of electors of President and Vice President of the United States and to repeal all other acts and parts of acts in conflict herewith. SECTION 1. The People of the State of Michigan enact, That at the general election next preceding the choice of President and Vice President of the United States, there shall be elected as many electors of President and Vice President as this State may be entitled to elect of Senators and Representatives in Congress, in the following manner, Electors at large. that is to say: There shall be elected by the electors of the districts hereinafter defined one elector of President and Vice President of the United States in each district who shall be known and designated on the ballot, respectively, as eastern district elector of President and Vice President of the United States at large, and western district elector of President and Vice President of the United States at large; there shall also be elected in like manner two alternate electors of President and Vice President, who shall be known and designated on the ballot, as eastern district alternate elector of President and Vice President of the United States at large, and western district alternate elector of President and Vice President of the United States at large, for which purpose the first, second, sixth, seventh, eighth and tenth congressional districts shall compose one district to be known as the western districts, eastern electoral district, and the third, fourth, fifth, ninth eleventh and twelfth congressional districts shall compose the other district, to be known as the western electoral district; District electors there shall also be elected by the electors in each congressional district into which the State is or shall be divided, one elector of President and Vice President, and one alternate elector of President and Vice President, the ballots for which shall designate the number of the congressional district and the persons to be voted for therein, as district elector and alternate district elector of President and Vice President of the United States respectively. Eastern and and alternates. Canvass of votes. Duty of Secretary of State. SEC. 2. The counting, canvassing and certifying of the votes cast for said electors at large, and their alternates, and said district electors and their alternates, shall be done, as near as may be, in the same manner as is now provided by law for the election of electors of President and Vice President of the United States. SEC. 3. The Secretary of State shall prepare three lists of the names of the electors and the alternate electors, procure thereto the signature of the Governor, affix the seal of the State to the same, and deliver such certificates thus signed and sealed to one of the electors on or before the first Wednesday of December next following said general election. In case of death, In case of death, disability, refusal to act, or neglect to attend, by the hour of twelve o'clock at noon of said day, of either of said electors at large, the duties of the office etc. shall be performed by the alternate electors at large, that is to say: The eastern district alternate elector at large shall supply the place of the eastern district elector at large, and the western district alternate elector at large shall supply the place of the western district elector at large. In like case, the alternate congressional district elector shall supply the place of the congressional district elector. In case two In case of tie or more persons have an equal and the highest number of vote. votes for any office created by this act as canvassed by the board of State canvassers the Legislature, in joint convention, shall choose one of said persons to fill such office, and it shall be the duty of the Governor to convene the Legislature in special session for such purpose immediately upon such determination by said board of State canvassers. SEC. 4. The said electors of President and Vice President Meeting of shall convene in the senate chamber at the capitol of the electors. State at the hour of twelve o'clock at noon, on the first Wednesday of December immediately following their election and shall proceed to perform the duties of such electors as required by the constitution and the laws of the United States. The alternate electors shall also be in attendance, Alternates to but shall take no part in the proceedings except as herein attend. provided. SEC. 5. Each of said electors and alternate electors shall compensation. receive the sum of five dollars for each day's attendance at the meeting of the electors as above provided, and five cents per mile for the actual and necessary distance traveled each way in going to and returning from said place of meeting, the same to be paid by the State Treasurer upon the allowance of the Board of State Auditors. clause. SEC. 6. All acts and parts of acts in conflict with the Repealing provisions of this act are hereby repealed. Approved May 1, 1891. [ No. 51. ] AN ACT to amend act number one hundred and fifty-four of the public acts of eighteen hundred and sixty-seven, entitled "An act to authorize the organization of Young Men's Christian Associations," as amended by act number sixty of the public acts of eighteen hundred and eighty-five, being chapter one hundred and seventy-seven of Howell's Annotated Statutes, by adding a section thereto to stand as section six of said act. SECTION 1. The People of the State of Michigan enact, Act amended. That act number one hundred and fifty-four of public acts of eighteen hundred and sixty-seven, entitled "An act to authorize the organization of Young Men's Christian Associations," as amended by act number sixty of the public acts of eighteen hundred and eighty-five, being chapter one Articles of association may be amended. hundred and seventy-seven of Howell's Annotated Statutes, be amended by adding thereto a section to stand as section six of said act, said section to read as follows: SEC. 6. Every corporation, organized under the provisions of this act, at any annual meeting, or at any meeting duly called for that purpose may, by a resolution adopted by a vote of two-thirds of the qualified members present and voting at said meeting, amend its articles of association in any manner not inconsistent with the provisions of this act, providing such amendment shall not become operative until a copy of such resolution, signed by the president and secretary of the corporation shall have been recorded, as provided herein for the recording of the original articles of When to become association of such corporation. When so recorded such amendment shall have the same force as though it had been included in the said original articles of association and the record of such resolution or a copy thereof, certified by the Secretary of State of this State under the seal thereof, shall be received in all the courts of this State as prima facie evidence of the matter therein stated. operative. This act is ordered to take immediate effect. Act amended. May surrender [No. 52. ] AN ACT to amend the act entitled "An act to revise the laws providing for the incorporation of railroad companies and to regulate the running and management, and to fix the duties and liabilities of all railroad and other corporations owning or operating any railroad in this State," being act number one hundred and ninety-eight of the session laws of one thousand eight hundred and seventythree, as amended, approved May first, one thousand eight hundred and seventy-three, by adding thereto a new section to stand as section three of article one of said act. SECTION 1. The People of the State of Michigan enact, That the act entitled "An act to revise the laws providing for the incorporation of railroad companies, and to regulate the running and management, and to fix the duties and liabilities of all railroad and other corporations owning or operating any railroad in this State," being act number one hundred and ninety-eight of the session laws of one thousand eight hundred and seventy-three as amended, approved May first, one thousand eight hundred and seventy-three, be and the same is hereby amended by adding to said act a new section to stand as section three of article one of said act, as follows, to wit: SEC. 3. Any railroad company incorporated by special special charter, charter heretofore granted by the Legislature of this State, may surrender such charter and incorporate under this act. etc. filed. Such surrender and incorporation may be effected by the passage of a resolution in that behalf by a vote of twothirds in interest of the holders of the stock of such company, at a meeting called and held for that purpose, as hereinafter provided, and filing in the office of the Secretary of State a certificate signed by the president and secretary Certificate to be of said company, and under its corporate seal, containing: (1) A recital of such resolution, so passed by such stock- Contents of. holders; (2) A declaration of such surrender and incorporation; (3) The name by which such new corporation is to be known, which may be the same as the name of such former corporation; (4) The time of existence of such new corporation; (5) The amount of its capital stock, which shall be represented by shares of one hundred dollars each; (6) The total number of shares to be issued to the stockholders of such former company, which shall not exceed the total amount of stock of said corporation then held by said stockholders; (7) The number of directors of such new corporation, which shall not be less than five nor more than fifteen and the names of the persons selected to act as such directors until the first annual meeting of said new corporation. Upon Effect of filing filing such declaration, such surrender and incorporation such declaration. shall be deemed to be duly and completely effected; and thereupon all and singular all the railroad and other property, and all rights and interests therein, and all contracts and rights of action theretofore owned or possessed by said corporation so surrendering its charter, shall be deemed to be transferred to and vested in such new corporation, as owner thereof, by like title as the same were theretofore held and possessed by said former corporation; and such new corporation shall thereafter hold, possess and enjoy the same in like manner and to the same extent as said corporation so surrendering its charter might and could have done if such surrender had not been made: Provided, however, That Proviso continuthe property so transferred to and vested in such new corporation shall continue subject to all liens existing thereon at the time of such transfer, and such new corporation shall be subject to all debts and liabilities of said corporation so surrendering its charter; and such debts and liabilities may be enforced against such new corporation to the same extent and in like manner as if the same had been originally incurred by it. A duly certified copy of such declaration, so filed in the office of the Secretary of State, shall be prima facie evidence of the due incorporation of the company named therein. The meeting of the stockholders of any such com- How meeting of pany, at which the resolution hereby required shall be passed, stockholders shall be called by the board of directors of such company by a resolution passed by a majority of said board, at a meeting duly called and held in accordance with the by-laws of said company, and notice of the time when and the place Notice to be where said stockholders' meeting is to be held, and the purpose thereof, shall be published at least once a week for the twelve successive weeks immediately prior to the date of said ing liens etc. called, etc. published. |