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ized to draw
expenses in 1879.
one-fourth the amount appro.
How money drawn from Sta
Trustees anthor. Treasury, in the months of January, February, and March, in the from general year eighteen hundred and seventy-nine, such amount of money as fund for current shall be made to appear to the Auditor General to be necessary to
meet the current expenses of the Michigan Asylum for the Insane; Not to exceed which amount shall not exceed one-fourth of the amount appropri
ated for current expenses for this institution for the preceding year. priated for pre. Said amount, when so drawn, shall be deducted from the appro
priation for the year eighteen hundred and seventy-nine.
SEC. 4. That the moneys appropriated hereby may be drawn
tate from the State Treasury upon the warrant of the Auditor General, treasury.
in such sums and at such times as shall be made to appear to him necessary; the several sums shall be expended only for the purpose specified in this act, and their receipts and disbursements shall be accounted for by duplicate vouchers and monthly account current, as provided for by act number one hundred and forty-eight of the
laws of eighteen hundred and seventy-three. Auditor General Sec. 5. That the Auditor General is hereby authorized to incor
in porate the sum of twelve thousand eight hundred and thirty-two
dollars in the State tax for the year eighteen hundred and seventy-
SEC. 6. This act shall take immediate effect.
to incorporate in State tax, etc.
Appropriation for addition to building, etc.
[ No. 140. ] AN ACT making an appropriation for the erection of an addition
to the Normal School Building. SECTION 1. The People of the State of Michigan enact, That there shall be and is hereby appropriated out of the State Treasury the sum of thirty thousand dollars, for the year one thousand eight hundred and seventy-seven, for the purpose of erecting an addition to the State Normal School building, to be used for recitation rooms, lecture rooms, library, cabinets, and other school purposes, and for the purpose of providing all heating apparatus, furniture and plumbing, necessary for the same, and also for the purpose of making all necessary repairs to the present buildings of said Normal School; which said sum shall be expended under the direction of the State Board of Education for the purposes aforesaid, and shall be drawn from the treasury on the presentation of the proper certificates of the said Board of Education to the Auditor General, and on his warrant to the State Treasurer.
SEC. 2. There shall be assessed upon the taxable property of the State, in the year one thousand eight hundred and seventy-seven, the sum of thirty thousand dollars, assessed and levied in like manner as other State taxes are by law levied, assessed, and paid; which tax, when collected, shall be credited up to the general fund
When to be assessed, etc.
to reimburse to the same the sum to be drawn therefrom, as pro-
Sec. 3. This act shall take immediate effect.
forcement of individual liabil.
enter order for names of persons
[No. 141. ] AN ACT to provide for the enforcement of the individual liability
of stockholders of corporations. SECTION 1. The People of the State of Michigan enact, That Remedy for en. whenever, by the constitution or laws of this State, the stockholders for of any corporation are individually liable for any debts of such cor-ity of stockhold. poration, the remedy for the enforcement of such liability shall be as hereinafter prescribed, and not otherwise : Provided, That this Proviso. act shall not apply to cases where the suit is for labor, and the action is brought by the person who performed the labor.
SEC. 2. No proceeding shall be taken to enforce such liability Not liable until until after a judgment has been recovered against the corporation and an entering on account of such indebtedness, and an execution issued upon corporation, etc. such judgment to the county in which its principal office is situated or its business carried on has been returned unsatisfied, in whole or in part.
Sec. 3. Whenever judgment has been recovered against any When court may corporation for an indebtedness for which the stockholders of such in corporation are by law liable, and an execution has been issued on books of corthereon as above provided, and returned unsatisfied, the court, upon application of the plaintiff, shall enter an order in such suit requiring the secretary, or other proper officer of such corporation, within a time designated in such order, to file in said cause a statement, under oath, of the names and residences of all persons who appear by the books of such corporation, or that such officer has reason to. believe were stockholders therein at the time the debt for which such judgment was recovered, accrued, and the amount of stock held by each of said persons, and upon service upon such officer of a duly certified copy of such order, it shall be his duty to comply. therewith.
SEC. 4. The statement mentioned in the last preceding section What petition of having been filed, plaintiff may make and file in the case his peti- Porin tion in writing, setting forth,
First, That he has obtained a judgment against the corporation, and the amount thereof;
Second, That execution has been issued thereon and returned in whole or in part unsatisfied, as the same may be, and the sum remaining unpaid thereon;
Third, That the several persons named in such statement of the officer of the corporation were, at the date the debt accrued on which the judgment was rendered, stockholders in such corporation, and the amount of stock held by each ;
plaintiff to set
for the debent may be for the enteso citatia
issued by clerk.
Fourth, What was the consideration received by the corporation for the debt on which such judgment was rendered ; and praying that judgment may be awarded against said several stockholders in favor of the plaintiff for the sum so as aforesaid averred to be due from said corporation, and that a citation may issue from said court, under the seal thereof, to the said several stockholders, requiring them to appear in said cause on a certain day to be therein
named and answer why judgment should not be entered against Order of citation them as therein prayed. On the filing of such petition, an order
for citation to issue shall be made as of course, and it shall be the duty of the clerk of the court immediately to issue the same, which shall be addressed to the several persons named in the petition as stockholders, and may be served by any person in any part of this
State. The return day of such citation shall not be less than Jurisdiction by fifteen nor more than thirty days from the date of its issue. Jurispersonal service. diction over any of the
. diction over any of the persons named in such citation shall be
secured by a personal service of the same within this State. Answer of per- SEC. 5. On the return day named in such citation, or at such
time thereafter as the court may allow for that purpose, each of the persons so cited and served shall make separate and several answer in writing, signed by him, to such petition; which answer, if the liability be denied, or facts shall be relied upon in defense against such charge of liability, shall contain a statement of such facts, or the specific grounds of defense, and shall be verified by the oath of
the respondent. Issue, how tried. SEC. 6. The issue thus made by the petition and answer, whether
of fact or law, shall be tried in the same manner as like issues of
fact or law. Return on exo. SEC. 7. On the trial of any issue of fact formed as aforesaid, the
rimaunt judgment against the corporation and the amount thereon remainfacio ovidence,
ing unpaid, as shown by the return of the execution thereon, shall be prima facie evidence of the sum due to the plaintiff, but not that the debt on which said judgment was rendered is one for
which respondents are personally liable. Each issue treat. SEC. 8. Each of the issues so formed shall be deemed and treated
as an original suit or cause in respect to the payment of the county jury and stenographer's fees, and the final taxation of costs. The
right of review by the Supreme Court, and the method of procedure Supreme Court.
to secure it, shall be in all respects the same as in a common law
trial. Judgment to be SEC. 9. If any such respondent shall answer admitting the facts
set forth in such petition, or if default in answering shall be made he admits facts. by any of them, judgment shall at once be rendered against such
respondent, severally, for the amount remaining unpaid of the judgment against said corporation, upon proof being made that the debt is one for which such respondent, as stockholder, is personally
liable. Judgment when Sec. 10. If any such issue of law or of fact shall be determined against respon. adversely to the respondent, judgment shall thereupon be awarded
against him for the full amount remaining unpaid of the judgment
cution of amount unpaid prima
od as original guit as to costs, etc.
rendered against respondent when
order apportion. ing sum adjudged
return of execu. tion unsatisfied.
against such corporation, if it shall have been determined that such judgment was for a debt for which such respondent is personally liable as a stockholder in said corporation, or upon proof of that fact.
Sec. 11. After the several issues so formed shall have been deter- Court to mako mined and judgment awarded against the several persons named in our such petition, and personally served with citation to appear as here- pro rata. inbefore provided, who have been adjudged liable, the court shall make an order in the cause apportioning between them the sum for which they have thus been severally adjudged liable, pro rata, according to the stock held by each. If any of the respondents Execution. shall refuse or neglect to pay the amount apportioned against him, for the period of fifteen days thereafter, an execution shall be issued against his goods and chattels for the collection thereof.
SEC. 12. On the return of such execution unsatisfied in whole or Duty of court on in part, or if for any cause there shall be a failure to collect of any tid of the respondents the sum so as aforesaid apportioned against him, the court shall have power, and it shall be its duty on application by or on behalf of the plaintiff, and the fact being made to appear, to reäpportion the sum so remaining uncollected, on the basis in section eleven of this act provided, among the remainder of said respondents so adjudged liable, and an execution shall issue for the collection thereof in like manner as provided in said last named section.
SEC. 13. Any stockholder who shall be compelled to pay more When stockholdthan his pro rata share of the debts of the corporation shall be on entitled to enforce contribution from such other of the stockholders pro rata share. as are also liable for such debts and have not contributed their due proportion in payment thereof.
SEC. 14. All acts and parts of acts inconsistent with this act, or Acts repealed. giving any other or different remedy, or form of remedy, are hereby repealed.
SEC. 15. This act shall take immediate effect.
er compelled to pay more than
[ No. 142.] AN ACT to amend section one of act number eighty-two of the
session laws of eighteen hundred and seventy-three, entitled "An act to provide for the incorporation of mutual fire insurance companies, and defining their powers and duties, and to repeal chapter ninety-seven of the compiled laws of eighteen hundred and seventy-one, and also act number ninety-four of the session laws of eighteen hundred and seventy-one, approved April twelfth, eighteen hundred and seventy-one,” approved April fifteenth, eighteen hundred and seventy-three.
SECTION 1. The People of the State of Michigan enact, That Section section one of act number eighty-two of the session laws of eighteen amended hundred and seventy-three, entitled “An act to provide for the
What rieks deemed detached in cities and
from any ties and
incorporation of mutual fire insurance companies, and defining their powers and duties, and to repeal chapter ninety-seven of the compiled laws of eighteen hundred and seventy-one, and also act number ninety-four of the session laws of eighteen hundred and seventy-one, approved April twelfth, eighteen hundred and seventy
one,” be amended so as to read as follows: Number of cor. Sec. 1. Any number of persons not less than seven may associate quired te together and form an incorporated company for the purpose of
mutual insurance of the property of its members against loss by Property to be fire, or damage by lightning; which property to be insured shall insured, what to
embrace dwelling houses, barns, accompanying outbuildings and their contents, farm implements, hay, grain, wool, and other products, live stock, wagons, carriages, harness, household goods, wearing apparel, provisions, musical instruments, and libraries, being upon farms as farm property, or in dwellings, or in accompanying outbuildings that constitute detached risks in villages and cities, [and] belonging to the members. All risks in cities and
villages which shall be one hundred feet or more from any contigu
ed ous risk in which a fire is kept shall be deemed detached within the villages. meaning of this act, and any officer, agent, employé, or other
person or persons who shall hereafter solicit risks, or issue policies, taking risks that are prohibited. Chibitediat or renewals on risks prohibited or excluded by the provisions of this
section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars nor less than one hundred dollars, or by imprisonment in the county jail not less than three months nor more than
one year, or both such fine and imprisonment, in the discretion of Proviso as to the court: Provided, however, That the provisions of this act
relating to the taking of risks upon detached risks in cities will
apply only to the counties of Ingham, Ionia, Montcalm, Sanilac, Further proviso and Huron: Provided further, That risks heretofore taken by any as to Lonia and such company in the counties of Ionia and Montcalm previous to
the passage of this act, on detached risks in cities and villages,
Sec. 2. This act shall take immediate effect.
on Pis who shall hang offices deemed
[No. 143.] AN ACT to provide for the protection and preservation of the
abstracts of the titles to real estate in the county of Kent, and to regulate the fees to be charged by the register of deeds for
transcripts therefrom. Abstracts of title SECTION 1. The People of the State of Michigan enact. That purchased by all abstracts of title to real estate in said county of Kent which visors to remain have been heretofore purchased, for the use of the public by the