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Third, The purpose of the association, which shall be to promote social intercourse among its members, and to provide for them the convienence of a club house; and the period for which it is incorporated, not exceeding thirty years;

Fourth, The number and official designation of the managing officers thereof, not less than three nor more than thirteen.

SEC. 3. A copy of such articles of association, made and executed Filing and under the hands and seals of the persons so associating, and articles of assoacknowledged before some officer of this State having authority to ciation. take acknowledgments of deeds, shall be filed and recorded in the office of the secretary of State, and a duplicate of said articles shall be filed with the county clerk of the county in which such corpo-. ration shall be formed and located, and shall be recorded at length 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 When shall be

body corporate, association shall be a body corporate, by the name expressed in etc.' such articles; and, by that name they and their successors shall have succession, and shall be persons capable in law to take, receive, hold, and enjoy, to them and their successors and assigns, estates real and personal, or suing and being sued, and they and their successors may have a common seal which may be changed and altered at their pleasure. SEC. 4. A copy of such articles of association, under the seal of Copy of articles

of association, the secretary of State and certified by him, or under the seal of evidence of the county clerk in whose office said record is kept, and certified by existenco, etc. him, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such association or club.

SEC. 5. Any corporation, organized and established under the Acquisition and provisions of this act, shall, by its corporate name, have the power property. to acquire and hold such lands, tenements, and hereditaments and such other property of every kind as shall be necessary for the purposes of such corporation, and such other lands, tenements, and hereditaments as shall be taken by gift or in payment of or as security for debts due to such corporation and to manage and dispose of the same at pleasure; and may create a capital stock of not May create a

capital stock. less than five thousand dollars, nor more than one hundred and fifty thousand dollars; and shall by its corporate name have power May borrow

money, issue to borrow money and issue its bonds and mortgages therefor, and bonds, etc. for any debts of the corporation.

SEC. 6. Any such corporation, at its election, may prescribe in its Provisions relaoriginal or amended articles of association, the amount of its capital stock, its divistock, the number of shares into which it is divided, and the par value signifato iharos, of each share; and may farther prescribe in its said articles that crease, etc. such shares shall be of the nature of the certificates of membership, transferable only on the books of such corporation in such manner and form as shall be provided in its by-laws and issued subject to the condition that sales and transfers of the same and whatever interest in the same may descend to any representative of a deceased shareholder sball be restricted, governed and determined by the constitution and rules which shall be adopted from time to time

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Clubs to have power to make rules, by-laws,

by such club. And every such corporation may increase its capital stock and the number of shares therein, at any meeting of the stockholders called for that purpose, or at any annual meeting by a vote of two-thirds of its stockholders to an amount not exceeding the limit aforesaid.

SEC. 7. Any club organized under this act shall have full power

to make from time to time all such needful rules, regulations and etc., generally. by-laws as may be expedient regarding the admission and expulsion

of members, their initiation, or other fees or assessments; and to do
all such other matters as may be deemed proper or requisite for the
government of such club, and to carry into effect the objects thereof:
Provided, the same be not inconsistent with the laws and constitu-
tion of this State; and to designate, elect, or appoint from among
its members such directors and officers under such name and style
and with such powers of supervision, control and management of
its affairs as shall be in accordance with such constitution, by-laws,
rules and regulations.

This act is ordered to take immediate effect.
Approved April 10, 1883.

Proviso,

amended.

[ No. 23. ] · AN ACT to amend section six of chapter one hundred and sixty

nine, of the compiled laws of eighteen hundred and seventy-one, being compiler's section four thousand seven hundred and twenty

four, relative to marriage. Section

SECTION 1. The People of the State of Michigan enact, That section six of chapter one hundred and sixty-nine, of the compiled laws of eighteen hundred and seventy-one, being compiler's section four thousand seven hundred and twenty-four, relative to marriage,

be and the same is hereby amended so as to read as follows: Insane persone, (4724.) SEC. 6. No insane person or idiot shall be capable of con

tracting marriage. All marriages heretofore contracted between
white persons and those wholly or in part of African descent are
hereby declared valid and effectual in law for all purposes, and the
issue of such marriages shall be deemed and taken legitimate as to
such issue and as to both of the parents.

Ordered to take immediate effect.
Approved April 11, 1883.

etc. Marriages declared valid.

[ No. 24. ] AN ACT to amend section one and to repeal section thirty-two of

chapter one hundred and seventy, of the compiled laws of eighteen hundred and seventy-one, being compiler's sections forty-seven hundred and thirty-three, amended, and forty-seven hundred and sixty-four, repealed, relative to divorce.

SECTION 1. The People of the State of Michigan enact, That section one of chapter one hundred and seventy, of the compiled

Section amended.

laws of eighteen hundred and seventy-one, being compiler's section four thousand seven hundred and thirty-three, relative to divorce, be and the same is hereby amended so as to read as follows: (4733.) SEC. 1. All marriages which are prohibited by law on Marriages void

without account of consanguinity or affinity between the parties, or on it

divorce, etc. account of either of them having a former wife or husband then living, and all marriages solemnized when either of the parties was insane or an idiot, shall, if solemnized within this State, be absolutely void, without any decree of divorce or other legal process: Provided, That the issue of such marriage, except that con- Proviso. tracted while either of the parties thereto had a' former husband or wife living, shall be deemed legitimate.

SEC. 2. Section thirty-two of chapter one hundred and seventy Section repealed. of the compiled laws of eighteen hundred and seventy-one, being compiler's section four thousand seven hundred and sixty-four, is hereby repealed.

Ordered to take immediate effect.
Approved April 11, 1883.

establishment

tion to contain,

[ No. 25. ] AN ACT to provide for the establishment of wills during the life

time of testators. SECTION 1. The People of the State of Michigan enact, That to Petition for any will heretofore or hereafter executed the testator may make and of will. annex his petition to be sworn to before, and presented to the judge of probate for the county where the testator resides, asking that such will be admitted and established as his last will and testament.

SEC. 2. Every such petition shall contain averments that such What the petiwill was duly executed by the petitioner without fear, fraud, impor- to tunity, or undue influence, and with a full knowledge of its contents, and that the testator is of sound mind and memory and full testamentary capacity, and shall state the names and address of every person who at the time of making and filing the same would be interested in the estate of the maker of such will as heir if such maker should at the making of such petition become deceased, and may also contain the names and addresses of any other persons whom such testator may desire to make parties to such proceedings.

SEC. 3. Such judge of probate shall thereupon, upon request of Citations and such testator, appoint a time for the hearing of such petition, and mobile issue citations to the parties named in such petition, and direct hearing. published notice of such hearing, and have such hearing, after proof of service of citations and of publication of notice, in the manner, as near as practicable, as is required for the probate of wills.

SEC. 4. If any person nained in said petition shall be a minor, or Appointment of otherwise under disability, a guardian ad litem shall be appointed guar by such judge to represent such person. On such hearing such others. judge of probate shall examine into the matters alleged in such Proceedings on petition and into the testamentary capacity of such testator, and

publication of notice of

guardian for minors and

hearing.

examine witnesses in relation thereto, and if it shall appear that the
allegations of such petition are true, and that said testator was of
sound mind and memory and full testamentary capacity, such judge
shall make decree thereon, and shall cause a copy of such decree to
be attached to said will, certified under the seal of said court,
decreeing that the testator, at the making of such will and
such petition was possessed of sound mind and memory, and full
testamentary capacity, and that said will was executed without lear, -
fraud, importunity, or undue influence, which decree shall have the
same effect as if made by said court after the death of the testator
on the probate of such will, and such will having been so established
shall not be set aside or impeached on the grounds of insanity or
want of testamentary capacity on the part of the testator, or that
the same was executed through fear, fraud, importunity, or undue

infuence. Appeal. Sec. 5. Appeals shall lie in the same manner as from probate of

wills.

SEC. 6. Nothing in this act contained shall be construed to prealteration, etc.! vent the revocation of such will, or alteration or other change

thereof, as in ordinary wills.

Approved April 11, 1883.

Revocation,

Section amended,

pass and trespas
on the case
may be main.
tained in the

[ No. 26.] AN ACT to amend section one, being compiler's section five thou

sand nine hundred and seventy-six, of chapter one hundred and eighty-nine, of the compiled laws of eighteen hundred and seventy-one, relative to making the actions of trespass and trespass on the case transitory in certain cases.

SECTION 1. The People of the State of Michigan enact, That section one of an act entitled ."An act making the actions of trespass and trespass on the case transitory in certain cases," approved March twelve, eighteen hundred and sixty-one, be and is hereby

amended to read as follows: Actions of tros. SECTION 1. The People of the State of Michigan enact, That

pass all cases of trespass on lands, and all cases of trespass upon the

case for direct or consequential damages on account of injury to county where personal property, when the defendant is not an actual resident of in certain cases the county in which such lands are situate, or where such personal

property was situated at the time of such injury, or when such county is unorganized at the time of committing such trespass or injury, may be prosecuted and maintained at law in any county where such defendant may be found, as fully and effectually in all respects as if commenced and prosecuted in the county where such trespass or injury to personal property was committed: Provided, That whenever any such cause shall be pending in any circuit court other than in the county where such trespass or such injury was committed, said court may on the application of either the plaintiff or defendant therein, accompanied by an affidavit stating

defendant found

Proviso.

specifically where such lands are situate or where such personal property was situated at the time of committing such injury, change the venue of and certify and remove said cause to the circuit court of the county where such lands are situate, or where such personal property was situated at the time of committing of such injury, and direct the issue to be there tried, and shall make all necessary rules and orders for the removal of said cause and all matters relating thereto, and the circuit court to which said cause shall be so removed shall proceed to hear and determine the same, and execution may thereupon be had in the same manner as if the same had been originally prosecuted in said court.

Approved April 18, 1883.

amended

[ No. 27. ] AN AUT to amend section ten of act number two hundred and

forty-three of the session laws of eighteen hundred and seventynine, the same being entitled “An act to amend sections sis, eight, and ten of chapter fifteen of the revised statutes of eighteen hundred and forty-six, as amended by act sixty-three of the laws of eighteen hundred and seventy-one, being sections six hundred and twenty, six hundred and twenty-two, and six hundred and twenty-four of the compiled laws of eighteen hundred and seventy-one, concerning removals from office.”

SECTION 1. The People of the State of Michigan enact, That Section section ten of act number two hundred and forty-three of the session laws of eighteen hundred and seventy-nine, the same being entitled “ An act to amend sections six, eight, and ten of chapter fifteen of the revised statutes of eighteen hundred and forty-six, as amended by act sixty-three of the laws of eighteen hundred and seventy-one, being sections six hundred and twenty, six hundred and twenty-two, and six hundred and twenty-four of the compiled laws of eighteen hundred and seventy-one, concerning removals from office," be and the same is hereby amended so as to read as follows:

(624.) SEC. 10. At the time and place therein specified in the Witnesses to be notice the commissioner or judge of probate before whom such reduced to inquiry shall be conducted, shall proceed to take the testimony of writing. the witnesses produced before him by the attorney general or prosecuting attorney, and by the officer accused, which witnesses shall be sworn by such commissioner or judge of probate, and every answer given by them to any question which either party shall require to be reduced to writing, shall be written by or under the direction of such commissioner or judge of probate. Their testimony shall then Testimony to be

read to and subbe read to and subscribed by them, and shall be certified by the scribed by commissioner or judge of probate taking the same, and when all witnesses, etc. the evidence shall have been taken, the commissioner or judge of Review, sum. probate shall briefly review the same, and attach a summary of such opinion of testimony thereto, and give his opinion thereon, and then deliver officer, etc. the testimony, with his summary, review, and opinion attached

sworn, testimony

mary, and

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