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ing the solvency of such company. In all other respects such
Ordered to take immediate effect.
( No. 37. ] AN ACT to incorporate the grand army of the republic, depart
ment of Michigan, and subordinate posts of the grand army of the republic.
SECTION 1. The People of the State of Michigan enact, That the Incorporation grand army of the republic, department of Michigan, and subordi- authorized. nate posts of the grand army of the republic of the department of Michigan may be incorporated in pursuance of the provisions of this act.
SEC. 2. The commander, senior vice commander, junior vice Articles of assocommander, assistant adjutant general, of the department of Mich-clation, by whom igan, grand army of the republic, may make and execute articles of what to set forth. association under their hands and seals, which articles of association shall be acknowledged before some officer authorized by law to take acknowledgments of deeds, andshall set forth :
First, The names of the officers above mentioned and their places of residence;
Second, The corporate name by which the association shall be known in law;
Third, The object and purpose of such association, which shall be to promote the general welfare of the order known as the grand army of the republic, and the period for which it is incorporated, which shall not exceed thirty years.
SEC. 3. A copy of said articles of association, together with a copy copy of articles of the rules and regulations of the grand army of
the republic shall of association be filed with the secretary of State, and thereupon the persons who to be filed. shall have signed such articles of association, their associates and successors, shall be a body politic and corporate by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in law capable May acquire and to purchase, take, receive, hold, and enjoy to them, and their suc- hold property. cessors, estates, real and personal; of suing and being sued, and to have a common seal which may be altered or changed at pleasure: Provided, That the value of real and personal estate shall not Proviso. exceed the value of ten thousand dollars, and that they and their successors shall have power to give, grant, sell, lease, demise, and dispose of said real and personal estate or part thereof at their will and pleasure, and the proceeds, rents, and incomes to be disposed of as directed by the department at its annual meeting. Said cor
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 fear, 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.
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 and 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
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 Proviso. 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 county where defendant found
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 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 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, conceruing 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, etc. the evidence shall have been taken, the commissioner or judge of Review, sumprobate 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
read to and subscribed by
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.
[ 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:
Sec. 1. Any school district containing more than one hundred ized by vote, 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
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 Proviso. 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-
This act is ordered to take immediate effect.
the provisions of chapter one hundred and thirty of the compiled General law laws of this State, so far as the same may be applicable to corpora
governing. tions formed under this act.
Ordered to take immediate effect.
[ No. 38. ] AN ACT to provide for adjustment of rights and liabilities on
division of territory of cities and townships. SECTION 1. The People of the State of Michigan enact, That Adjustment of when land shall be detached from any city or township in this site, taldi adivision State and attached to any city or township, the moneys, rights, of property. credits, and personal property belonging to any city or township, the boundary of which may be so changed, shall be divided between said cities, or city and township; the city to which said territory is attached to have such a proportion as the value of the taxable property attached thereto bears to the wbole value of the taxable property of the city or township from which said territory was detached, and the city or township from which said territory is detached shall be entitled to the balance of said moneys, rights, credits, and personal property, the value of said taxable property to be ascertained from the assessment roll of said city or township made immediately before said change of boundary.
SEC. 2. When the boundary of any city or township shall be Lands to bộ sold changed in the manner provided in the preceding section, any land and proceeds of which such city or township, from which said territory is detached, shall be seixed, shall be sold by the proper city or township authorities of the city or township in which said land was located before the division, and the moneys derived from such sale shall be divided between the said city and township in the manner provided in section one of this act; and the city or township in which the said land may be situated after the change of boundary may purchase the said real estate.
SEC. 3. The preceding section of this chapter shall not apply to Cemeteries and any cemetery or burying ground belonging to any city or township, burying grounds. but the same shall belong to the city or township within which it may be situated after the division shall have been made.
SEC. 4. All debts owing by a city or township from which terri- Apportionment tory has been detached, as provided for in section one of this act, shall be apportioned in the same manner as the personal property of such city or township, and each city and township shall be charged with and pay its share of the debts according to such apportionment.
SEC. 5. As soon after the said change of boundary as practica- When change able either any city or township, the boundary of which has been made notice to changed, may give notice to the other cities or townships, the meeting for boundaries of which have been changed by such division, to meet with said city or township giving the notice for a settlement of the