How jury empaneled.

Motion for new trial, arrest of proceedings, appeal, etc.

Evidence of ownership of property to be taken.

Sale of buildings,

etc.

Cities and vil.

lages may proceed under charter.

Act repealed.

and the jury shall be composed of disinterested freeholders of the county, not residing or owning property within the corporate limits of such city or village, and shall be empaneled as follows: The sheriff of the county shall make a list of twenty-four disinterested freeholders of the several townships of said county, and the city attorney and the respondents shall each have the right to strike six names from said list, and the twelve persons left thereon shall compose the jury, and shall be summoned to attend by a venire issued by the clerk of said court, and to be served by said sheriff. If the respondents refuse to strike six names from said list, it shall be done by the circuit judge, and in case any of the persons so summoned shall not attend, or shall be excused for cause on a peremptory challenge or otherwise, talesmen possessing the necessary qualifications shall be summoned by said sheriff.

SEC. 21. The common council or board of trustees shall not have power to discontinue proceedings under this act after the rendition of the verdict of the jury, but they may direct the city or village attorney to move for a new trial, or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same proceedings shall be taken as are herein before prescribed in the case of like proceedings on the part of any respondent.

SEC. 22. It shall be prima facie evidence as to who are owners of, and persons interested in, any property proposed to be taken or assessed, in the proceedings instituted under this act, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office and states who are the owners of and persons interested in such property, and the nature and extent of such ownership and interest. And an abstract of the title of any parcel or parcels of such property, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership and persons having an interest in any such property and the extent and nature of each interest.

SEC. 23. In case there is, on the private property taken, a building or other structure and the same shall be sold by or under direction of the common council or board of trustees, the amount produced by the sale shall belong and be paid to the fund for paying the compensation awarded for the property taken, and the common council or board of trustees shall cause such amount to be credited and applied in reduction pro rata of the assessment and apportionment made by the jury, if any, and before proceeding to collect the same.

SEC. 24. Cities and villages now authorized under existing acts of incorporation to take private property for public uses, may severally proceed under the provisions of their respective local charters or under the provisions of this act. And this act shall not be construed as in any way affecting or impairing the provisions of such local charters on the subject of taking private property for public use [uses].

SEC. 25. Act number two hundred and one of the public acts of eighteen hundred and seventy-seven, approved May twenty-three, eighteen hundred and seventy-seven, and all laws amendatory thereof

are hereby repealed; but nevertheless proceedings begun and undetermined under said act shall not be affected by such repeal but may be completed in all respects and shall be as binding as if this act had not been passed.

Approved March 15, 1882.

[ No. 27. ]

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.

SECTION 1. The People of the Slate of Michigan enact, That May become the Grand Council of the Royal Templars of Temperance, duly body corporate. organized within this State under and pursuant to the provisions of the constitution and laws of the "Supreme Council of the Royal Templars of Temperance," may become a body corporate and politic in the manner following:

be adopted.

First, At some regular session of such grand council held under Resolution to and pursuant to the constitution and laws thereof, a resolution incorporate to shall be put to vote of the members thereof expressing the desire and determination of said grand council to be incorporated, and directing the officers thereof to perfect such incorporation, and if such resolution receives a two-thirds vote of the members present it shall be declared passed, otherwise lost;

prepared.

Second, On such resolution being so passed the grand councilor, Articles of assothe grand secretary, and the grand trustees shall prepare articles of ciation to be association under their hands and the seal of the said grand council, setting forth the number of persons then in good standing What articles under the jurisdiction of said grand council desiring incorporation, to set forth. the name by which the grand council is known, the date of its organization, a copy of the resolution mentioned in the first subdivision of this act, the corporate name by which the grand council shall be known in the law, the place where the general office shall be maintained, the object and purpose of the association, together with a copy of the constitution, lawg, and by-laws of the grand council, which shall in no way conflict or be inconsistent with the object and purpose of the Supreme Council of the Royal Templars of Temperance as stated in its act of incorporation, constitution, laws, and by-laws, and the period for which it is incorporated, not exceeding ninety-nine years;

office of Secreta

Third, A certified copy of such articles of association, with all Article to be filed the papers mentioned in the second subdivision of this act, shall be and recorded in filed in the office of the Secretary of State, and shall be recorded, ry of State. together with the affidavit hereafter named, by such secretary in a book to be kept by him for that purpose;

annexed to

Fourth, The grand councilor, the grand secretary, and the grand Affidavit to be trustees, executing such articles of association, shall make and articles. annex thereto before filing an affidavit stating that they are respect- What affidavit ively members of and occupying the official positions above named in said grand council; that the resolution, a copy of which is set

to state.

When to become

out in the articles of association, was duly passed at a meeting of said grand council held pursuant to the provisions of the constitution, and received a two-thirds majority of all members present; that all the statements in said articles of association are true to the best of their knowledge and belief, and that said grand council was legally organized and is acting under a constitution duly approved by the supreme council of the Royal Templars of Temperance, a body corporate under the laws of the State of New York.

SEC. 2. When all the foregoing requirements are complied with, body corporate. the Grand Council of the Royal Templars of Temperance of the State of Michigan shall be a body corporate and politic by the name expressed in such articles of association, and by that name shall be a person in the law capable of suing and being sued, with full power and authority to transact the business of said association pursuant to the edicts of the Supreme Council of the Royal Templars of Temperance, and the constitution, laws, and by-laws thereof, and the constitution, laws and by-laws legally adopted, certified, and filed in the office of the Secretary of State, of this association, [and a copy of said articles of association] and affidavit duly certified by the Secretary of State shall be prima facie evidence in all the courts of this State of the existence and incorporation of said Grand Council of the Royal Templars of Temperance.

Evidence of incorporation.

How articles may be amended.

When amendment to be in force.

How select council may incorporate.

Articles of association.

SEC. 3. The Grand Council of the Royal Templars of Temperance of the State of Michigan be and they are hereby authorized to amend their articles of association, constitution, laws, and bylaws at any regular meeting of the grand council after its incorporation, such amendments not being inconsistent with the constitution, laws, and by-laws of the supreme council, which amended constitution, laws, or by-laws shall be in force after a duly attested copy thereof with the date of its adoption by the grand council shall be filed in the office of the Secretary of State, accompanied by a certificate of the supreme councilor attested by the supreme secretary of the supreme council that said amended constitution has been approved by the supreme council as its constitution and laws require.

SEC. 4. Whenever any select council shall be chartered by the Grand Council of the Royal Templars of Temperance of Michigan, or has heretofore been chartered by the grand or supreme council, the said select council may become incorporated by passing a like resolution as provided in section one of this act, executing the articles of association under the hands of its select councilor, recording secretary, trustees, and seal of such select council, containing like statements as to its constitution, laws, and by-laws as those required in the articles of association of the Grand Council of the Royal Templars of Temperance of Michigan, with a like affidavit annexed executed by the officers named above in this Where filed and section, and filing the same with the county clerk of the county in which such corporation shall be formed, and causing the same, with the affidavit annexed, to be recorded by such clerk in a book to be kept by him for that purpose, and a copy thereof certified by

recorded.

him shall have the same effect as evidence, as provided for in section two of this act for the grand council.

SEC. 5. Every corporation formed pursuant to this act may take Right to hold and hold personal and real property so far as may be necessary for property. the proper purposes of the organization, not exceeding fifty thousand dollars in amount, and convey, dispose of, and deal with the same as it may under its contitution, laws, and by-laws from time to time determine by a majority vote of the members present and voting thereon.

whom vested.

SEC. 6. The management, direction, and control of the property Business manand business of such corporations shall be vested in such of its agement, in officers as the constitution and laws of the supreme or grand council may direct, but when no special rule exists, then as a majority of the members present and acting thereon shall from time to time determine.

Approved March 15, 1882.

JOINT RESOLUTIONS.

[ No. 1. ]

JOINT RESOLUTION to ratify the action of the Board of Control of State swamp lands in letting contracts in the burnt district, on State roads, and to authorize them to make any further contracts necessary.

WHEREAS, The Board of Control of State swamp lands did, on the twenty-seventh day of October, in the year eighteen hundred and eighty-one, make an appropriation of five thousand dollars in State swamp lands, in the Lower Peninsula, or so much thereof as might be found necessary, subject to the ratification of the Legislature, to so construct bridges over the principal streams and culverts on the line of State roads within the counties of Huron, Tuscola, and Sanilac, which have been destroyed by fire;

AND WHEREAS, Under said appropriation contracts have been made and entered into with various parties for the building of several bridges; therefore, Resolved by the Senate and House of Representatives, That the said action. of the Board of Control of State swamp lands be and the same is hereby ratified and confirmed, and the said board is hereby authorized to make any further contracts necessary to carry out the purposes of said appropriation. This resolution is ordered to take immediate effect.

Approved March 3, 1882.

[No. 2.]

JOINT RESOLUTION for the payment of printing done by George A.

Waterbury.

WHEREAS, George A. Waterbury, of Romeo, Michigan, published, in the Romeo Observer, the list of lands advertised to be sold for taxes of eighteen hundred and eighty in the year eighteen hundred and eighty-one, in the county of Macomb, such printing amounting to the sum of twenty-eight dollars;

AND WHEREAS, Section eighty-one of act number one hundred and sixtynine, laws of eighteen hundred and sixty-nine, requires that proof of such publication shall be forwarded to the Auditor General within thirty days after the last publication thereof;