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Idem.

Fither party entitled to jury, etc.

Appeals to supreme court.

Assignment of leases, etc.

Section amended.

Annual appropriation.

cifically enforced in the circuit court in chancery, of the county where the whole or any portion of such lands are situated, if not in default himself, and in such case the court shall have full power to compel the person giving such option, his heirs or assigns, to execute a lease or license according to the terms thereof; and such court shall have the usual powers to enforce its decree as in other

cases.

SEC. 2. Any person, now or hereafter holding an agreement for an interest in any mining lease or license from the lessee, shall have an absolute right to have the same specifically enforced in chancery, if not in default himself.

SEC. 3. Either party to a suit, commenced under the provisions of this act, shall be entitled to a jury and to an examination of all the witnesses in open court as in a suit at law, and the verdict of such jury shall have the same force and effect as the verdict of a jury in any other suit in chancery, and the court shall have full power to frame a proper issue or issues to be submitted to such jury. Either party may appeal to the supreme court, as in other chancery cases, and the supreme court shall have full power to review the evidence and render such decree as may seem just, or affirm, reverse, or modify the decree of the court below as in other chancery cases. Either party shall be entitled to make and settle a case, setting forth all the evidence introduced on the trial of the issue, the same as in other chancery cases.

SEC. 4. All mining options, leases, and licenses shall be assignable and may be enforced by the executors, administrators, personal representatives, or assigns of the party or parties whether such options contain words of assignability or not. Such contracts, leases, and licenses shall survive, and shall not be terminated by the death of either or any of the parties thereto. Approved May 3, 1883.

[ No. 74.]

AN ACT to amend section four of act number nine of the session laws of eighteen hundred and seventy-seven, entitled "An act to authorize the appointment of a commissioner of mineral statistics, and defining the duties and compensation of the same."

SECTION 1. The People of the State of Michigan enact, That section four of act number nine of the session laws of eighteen hundred and seventy-seven, entitled "An act to authorize the appointment of a commissioner of mineral statistics, and defining the duties and compensation of the same," be amended so as to read as follows:

SEC. 4. That an annual appropriation of two thousand five hundred dollars, to be paid to such commissioner in quarterly installments, be made, which sum shall cover the compensation and expenses of said commissioner, and for all surveys and explorations made by him or under his directions; and also include the cost of

of report.

publication, under his direction and control, of one thousand copies
of his report. Such commissioner shall have the right to publish Publication
and sell as many copies of his report in excess of such one thousand
copies as he may elect, but without cost to the State: Provided, Proviso.
That nothing herein contained shall interfere with the publishing
by the State of the report of such commissioner for the year
eighteen hundred and eighty-two.

This act is ordered to take immediate effect.
Approved May 3, 1883.

[No. 75.]

AN ACT to provide for the purchase and distribution of volumes containing the general laws of this State, with digest of court decisions thereon.

State to purchase

Howell compila

SECTION 1. The People of the State of Michigan enact, That the Secretary of secretary of State be and he is hereby directed to purchase for the requisite number use of the State, and for the use of the various State, county, and of wif township officers, such number of copies of the work entitled "the tion, etc. general statutes of the State of Michigan, in force, including the acts of the extra session of eighteen hundred and eighty-two, with notes and digest of the decisions of the supreme court relating thereto," compiled and annotated by Andrew Howell, as may be required for the use of the State, and for the supply of and distribution to the officers and others to whom the "public acts" of each session of the legislature are supplied and distributed under and by the present existing provisions of law: Provided, That such Proviso. work shall be furnished to the State in two volumes, bound in full sheep binding, printed on good paper and in clear type; the size of page, type used, quality of paper, material, and binding, and the execution of the work to be equal in all respects to the sample of volume one of said work now in the State library. Said work to be delivered during the present year, properly packed for shipment at Lansing or Detroit as the secretary of State shall direct, and the same shall be paid for by the State when so delivered.

SEC. 2. The books or volumes of said work, when received by Distribution of, the secretary of State, shall be distributed by him to the officers and others to whom the "public acts," of the legislature are supplied and distributed as herein before mentioned, under and in accordance with the laws now regulating the distribution of said "public acts."

and payment for.

SEC. 3. The price to be paid by the State for all copies of said Price to be paid work, which now or hereafter may be needed, shall be two dollars and fifty cents per volume, to be paid to the publisher or publishers of said work by the State treasurer, on the warrant of the auditor general, out of any moneys in the State treasury not otherwise appropriated, the account thereof to be first certified to by the said secretary of State.

To be kept on sale at Lansing for ten years.

Price.

Bond to be given to State.

Incorporation authorized.

Incorpoation

SEC. 4. From and after the date when the said work entitled the general statutes of the State of Michigan, as specified in section one of this act, shall be ready for distribution and sale, the publishers thereof shall keep the same on sale in the city of Lansing for a term of ten years, and sell the same to the citizens of this State, at a price not exceeding three dollars and fifty cents ($3.50) per volume.

SEC. 5. Within thirty days after the passage and approval of this act, security in the sum of five thousand dollars ($5,000.00) shall be given to the State, in such form as the board of State auditors shall direct, and with at least two sufficient sureties, to be approved by said board, conditioned for the due publication of said general statutes of the State of Michigan, and the delivery of the copies thereof to the secretary of State, and the keeping of the same on sale in the city of Lansing, in accordance with the provisions of this act prescribed.

Ordered to take immediate effect.
Approved May 4, 1883.

[ No. 76. ]

AN ACT to provide for the incorporation of the grand temple of honor of the State of Michigan, and any subordinate "temple of honor" of the order of "templars of honor and temperance" in the State of Michigan.

SECTION 1. The People of the State of Michigan enact, That the grand temple of honor of the State of Michigan of "templars of honor and temperance" that now is or may hereafter be duly organized within this State, under and pursuant to the provisions of the constitution and laws of the "supreme council" of the order of "templars of honor and temperance" may become a body corporate and politic in the manner following:

First, At some regular session of such grand temple, held under to be voted upon. and pursuant to the constitution and laws thereof, a resolution shall be put to vote of the members thereof, expressing the desire and determination of said grand temple to be incorporated, and directing the officers thereof to perfect such incorporation, and if such resolution receive a majority vote of the members present, it shall be declared passed, otherwise lost;

Articles of association, preparation,

Second, On such resolution being so passed, the grand templar and grand recorder shall prepare articles of association under their and contents of hands and the seal of the said grand temple, setting forth the number of persons then in good standing under the jurisdiction of said grand temple desiring incorporation; the name by which the grand temple 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 temple shall be known in the law; the place where the grand temple shall hold its general office; the object and purpose of the association, together with a

copy of the constitution, laws, and by-laws of the grand temple, which shall in no way conflict with or be inconsistent with the objects and purpose of the "supreme council" of the order of "templars of honor and temperance," as stated in its constitution, laws, and by-laws, and the period for which it is incorporated, not exceeding thirty years;

of association.

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

be annexed to

Fourth, The grand templar and grand recorder executing such Affidavit to articles of association, shall make and annex thereto, before filing, articles. an affidavit stating that they are respectively members of and occupying the official positions above named in said grand temple. That the resolution, a copy of which is set forth in the articles of association, was duly passed at a meeting of said grand temple held pursuant to the provisions of the constitution of such grand temple, and received a majority vote of all the 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 temple was legally organized, and is acting under a constitution duly approved by the supreme council of the order of "templars of honor and temperance."

corporate and

SEC. 2. When all the foregoing requirements are completed, the When to be body grand temple of honor, of the order of templars of honor and politic, 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 said supreme council, and the constitution, laws, and by-laws legally adopted, certified and filed in the office of 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 temple of honor of the State of Michigan.

subordinate

SEC. 3. Whenever any subordinate temple of honor, of the order Incorporation of of templars of honor and temperance, shall be chartered by the temples of grand temple of honor of the State of Michigan, or has hereto- honor. fore been chartered by the grand temple or supreme council, the said subordinate temple 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 worthy chief templar and worthy recorder, and seal of such subordinate temple, containing like statements as to its constitution, laws, and by-laws as those required in the articles of association of the grand temple of honor of the order of "templars of honor and temperance of Michigan," with a like affidavit annexed, executed by the officers above named in this section, and filing the same with the county clerk of the county in which such corporation shall be formed, and

May take and hold property,

Management, control, etc.. of property.

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 him, shall have the same effect, as evidence, as provided for in section two of this act for the grand temple of honor. SEC. 4. Every corporation, formed pursuant to this act, may take and hold personal and real property, so far as may be necessary for the proper purposes of the organization, not exceeding one hundred thousand dollars in amount, and convey, and dispose of, and deal with the same as it may, under its constitution, laws, and bylaws, from time to time determine by a majority vote of the members present and voting thereon.

SEC. 5. The management, direction, and control of the property and business of such corporation shall be vested in such of its officers, as the constitution and laws of the grand temple or supreme 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.

This act is ordered to take immediate effect.
Approved May 5, 1883.

Section amended.

Incorporation authorized.

capital stock.

[ No. 77. ]

AN ACT to amend sections one, three, and five of an act entitled "An act to provide for the incorporation of institutions of learning," approved February nine, eighteen hundred and fifty-five, being consecutive sections numbered three thousand one hundred and thirty-four, three thousand one hundred and thirty-six, and three thousand one hundred and thirty-eight, of the compiled laws of eighteen hundred and seventy-one.

SECTION 1. The People of the State of Michigan enact, That sections one, three, and five of an act entitled "An act to provide for the incorporation of institutions of learning," approved February nine, eighteen hundred and fifty-five, being consecutive sections numbered three thousand one hundred and thirty-four, three thousand one hundred and thirty-six, and three thousand one hundred and thirty-eight, of the compiled laws of eighteen hundred and seventy-one, be, and are hereby amended so as to read as follows:

(3134.) SECTION 1. The People of the State of Michigan enact, Than any number of persons, not less than five, may become a corporation for the purpose of founding and establishing a college, seminary, academy, or other institution of learning, by complying Subscription of with the provisions of this act. When stock, legacies, bequests, or donations to the amount of fifty thousand dollars for any such college, or five thousand dollars for any such seminary, academy, or other institution of learning, so intended to be founded and established, shall have been or may hereafter be in good faith subscribed or given, and fifty per cent thereon actually paid in, as herein required, such persons may elect trustees for such college, seminary, academy, or other institutions of learning; and thereupon said

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