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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 account of consanguinity or affinity between the parties, or on aivorce, 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 Section thirty-two of chapter one hundred and seventy Section repealed.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hereby repealed.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.

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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, importunity, 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 publication of 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 guardian for 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

notice of

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

influence. Appeal. SEC. 5. Appeals shall lie in the same manner as from probate of

wills. Revocation, 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.

Section amended,

Actions of tres.

[ 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:

SECTION 1. The People of the State of Michigan enact, That pass an de trespass 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

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

may be main. tained in the

defendant found in certain cases.

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.

[ No. 27. ] AN ACT 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 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.”

SECTION 1. The People of the State of Michigan enact, That Section section ten of act number two hundred and forty-three of the ses

amended. sion 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 be read to and subscribed by them, and shall be certified by the commissioner or judge of probate taking the same, and when all witnesses, eto. 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 oficer, etc. the testimony, with his summary, review, and opinion attached

read to and subscribed by

Feer.

thereto, to the prosecuting attorney or attorney general, who shall transmit the same to the governor, and the fees of the commissioner for the performance of such services shall be a charge against the county.

Approved April 18, 1883.

Section amended.

[ No. 28. ] AN ACT to amend section one of chapter ten of act one hundred and

sixty-four of the public acts of eighteen hundred and eighty-one, approved May twenty-one, eighteen hundred and eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act.”

SECTION 1. The People of the State of Michigan enact, That section one of chapter ten of act number one hundred and sixtyfour, of the public acts of eighteen hundred and eighty-one, approved May twenty-one, eighteen hundred and eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act,” be amended so as to

read as follows: Graded school SEC. 1. Any school district containing more than one hundred ized behaviors, etc. children between the ages of five and twenty years may, by a two

thirds vote of the qualified electors present at any annual or special

meeting, organize as a graded school district: Provided, That Notice of inten. the intention to take such vote shall be expressed in the notice of tion to take vote such annual or special meeting. When such change in the organiElection of zation of the district shall have been voted, the voters at such trustees,

annual or special meeting shall proceed immediately to elect by ballot from the qualified voters of the district one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose term of office shall expire: Provided also, In all districts organized prior to the year eighteen hundred and eighty-three there shall be one trustee elected at the annual meeting for the year eighteen hundred and eighty-three, and thereafter there shall be elected a trustee or trustees in the manner aforesaid, whose term of office shall be three years, and until his or

their successor or successors shall have been elected and filed his or Farther provisc. their acceptance: Provided also, That in the election of trustees,

and all other school officers, the person receiving the highest num-
ber of votes shall be declared elected.

This act is ordered to take immediate effect,
Approved April 18, 1883.

Proviso.

[ No. 29.] AN ACT to repeal an act entitled "An act to provide for the

incorporation of savings association” (associations], approved April third, eighteen hundred and sixty-nine, and to continue savings associations existing under said act.

SECTION 1. The People of the State of Michigan enact, That the Act repealed. act entitled "An act to provide for the incorporation of savings associations," approved April third, eighteen hundred and sixtynine, together with all acts amendatory thereof be and the same are hereby repealed, saving all rights acquired and liabilities incurred by any corporation organized and doing business under said act.

SEC. 2. All savings associations organized as corporations under Savings associathe act hereby repealed shall continue to exist as corporations, and under act shall have all the rights, powers, and privileges, and be subject to pealed const all the duties, burdens, and disabilities contained in the act entitled etc. “An act to amend the general banking law entitled 'An act to authorize the business of banking,' approved February sixteenth, eighteen hundred and fifty-seven, and the acts amendatory thereto, so as to provide for the organization of savings banks," approved March thirty-first, eighteen hundred and seventy-one, being act number seventy-four, of the laws of eighteen hundred and seventy-one, as the same has been or may be hereafter amended : Provided, That Proviso, no bank organized and doing business under said act of April three, eighteen hundred and sixty-nine, shall be required to increase, diminish, or in any manner change the amount of its capital or capital stock, but every such bank shall be authorized after the passage of this act to continue its business as heretofore upon the same capital or capital stock with which it has heretofore legally carried on business, notwithstanding anything herein or in the said acts of February sixteenth, eighteen hundred and fifty-seven, and of March thirty-first, eighteen hundred and seventy-one contained ; except that all savings banks organized and doing business under the said act of April three, eighteen hundred and sixty nine, or any other law of this state, shall be required to report to the State treasurer as provided in section sixty-seven of chapter seventytwo of the compiled laws of cighteen hundred and seventy-one.

Approved April 18, 1883.

[ No. 30.] AN ACT making appropriations for the current expenses and for

buildings, etc., for the Michigan school for the blind for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four.

SECTION 1. The People of the State of Michigan enact, That there Appropriation be and hereby is appropriated from the general fund the sum of for 1883 and twenty-three thousand dollars to meet the current expenses of the Michigan school for the blind for the year eighteen hundred and

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