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case shall not be decided on such point or proposition until both counsel have had an opportunity to argue the same before the court. Approved April 24, 1883.

Salary of auditor
general,

Proviso.

Acts repealed.

Appropriation
made.

[ No. 46. ]

AN ACT making an appropriation for and fixing the salary of the auditor general.

SECTION. 1. The People of the State of Michigan enact, That the auditor general shall receive from and after the first day of January, one thousand eight hundred and eighty-three, an annual salary of two thousand dollars, payable quarterly, yearly, or monthly out of any money in the State treasury belonging to the general fund not otherwise appropriated: Provided, He shall not directly or indirectly receive any fees, mileage, or perquisites whatever for the performance of duties connected with his office excepting actual personal expenses while away from the seat of government in the discharge of his official duties.

SEC. 2. All acts and parts of acts contravening the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.
Approved April 24, 1883.

[No. 47.]

AN ACT making an appropriation for the support of the State public school and making improvements at that institution. SECTION 1. The People of the State of Michigan enact, That the sum of thirty-six thousand dollars be and the same is hereby appropriated out of the general fund to meet the current expenses of the State public school for the year eighteen hundred and eighty-three, and the further sum of thirty-nine thousand dollars be and the same is hereby appropriated out of the general fund to meet the expenses of the State public school for the year eighteen hundred and eighty-four, and that the further sum of sixteen thousand six hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of the general fund for the following named purposes for the State public school: For repairs on buildings, steam and water-works, and painting, two thousand five hundred dollars; for furniture, including bedding, one thousand dollars; for washing machines, wringer, and improvements in laundry, eight hundred dollars; for brick tunnel for main steam pipes, eight hundred dollars; for fencing, sidewalks, fruit and ornamental trees, five hundred dollars; for cows, five hundred dollars; for carpenter shop, paint and tool house, three hundred dollars; for radiators, hose, iron bath tubs, and track scales, three hundred and fifty dollars; for library and rebinding, two hundred dollars; for improve

ments to engine-house, three hundred and fifty dollars; for improvements to ice-house, three hundred dollars; for four acres of adjoining land, six hundred dollars; for changing the present hospital to a cottage and furnishing the same, four hundred dollars; for erecting a one-story wood hospital and two small buildings for contagious cases, and furniture, five thousand dollars; for the purchase of thirty acres of land for pasturage, three thousand dollars.

State public

SEC. 2. That the several sums appropriated by the provisions of Sums to be this act shall be passed to the credit of the State public school and credited to paid to the board of control of that institution or to its treasurer, school. at such times and in such amounts and manner as is now provided How paid out. by law and by this act, and as may be made to appear to the auditor general to be necessary.

amount.

SEC. 3. That one-half of the aggregate sum of the appropriations Taxes to raise made by this act the auditor general shall add to and incorporate with the tax for the year eighteen hundred and eighty-three, and the other half of the appropriations made by this act the auditor general shall add to and incorporate with the tax for the year eighteen hundred and eighty-four, which sums when collected shall be passed to the credit of the general fund.

This act is ordered to take immediate effect.
Approved April 25, 1883.

[ No. 48. ]

AN ACT to authorize the covenant mutual benefit association of Michigan, and the covenant mutual benefit association of Illinois, and any other association [associations] organized for the benefit of members of the independent order of odd fellows, to unite and consolidate their associations for the transaction in this State of the general business for which both associations have been organized.

authorized.

SECTION 1. The People of the State of Michigan enact, That the Consolidation covenant mutual benefit association of Michigan, a corporation existing under the laws of this State, and organized under an act entitled "An act to provide for the incorporation of coöperative and mutual benefit associations," approved April third, eighteen hundred and sixty-nine, and the covenant mutual benefit association of Illinois, a corporation organized and existing under the laws of the State of Illinois, be, and they are hereby authorized and empowered to unite and consolidate their associations for the transaction in this State of the general business for which both associations have been organized.

tion effected.

SEC. 2. That said union and consolidation may be effected by How consolidacontract in writing duly executed by said corporations, and when so effected said associations shall be authorized and empowered to transact all such business as the said covenant mutual benefit association of Michigan may now lawfully transact under its charter and the statutes of this State under which it was organized,

and shall have the same rights, powers, and exemptions, and be subject to the same duties, liabilities, and restrictions, and none others, as now pertain to the said covenant mutual benefit association of Michigan, under its said charter and the statutes aforesaid. SEC. 3. The said covenant mutual benefit association of Michigan, eral liability of and the said covenant mutual benefit association of Illinois shall be jointly and severally liable upon all certificates of membership Service of pro- issued by them, and service of any writ, process, or declaration,

Joint and sev

associations.

cess, etc., upon either deemed service upon both.

Consolidation

of other associations authorized.

whereby suits may be commenced under the laws, and practice of courts, of this State, made within this State upon the said covenant mutual benefit association of Michigan, shall be held and deemed to be sufficient service of the same upon both of said corporations. SEC. 4. Any mutual benefit or relief association organized in this State for the benefit of members of the fraternity of the independent order of odd fellows, under an act entitled "An act to provide for the incorporation of coöperative and mutual benefit associations," approved April third, eighteen hundred and sixty-nine, is hereby authorized and empowered to unite and consolidate its association with any other mutual benefit or relief association of like character organized and doing business in any other of the United States, for the transaction in this State of the general business for which both such associations so consolidated have been organized. Such con How consolida solidation may be effected in the manner provided in section two of this act, and such associations, when so consolidated, shall be subject to all of the provisions of sections two and three of this act. This act is ordered to take immediate effect. Approved April 25, 1883.

tion effected.

Sections amended.

Determination

by probate court of legal heirs.

[No. 49. ]

AN ACT to amend sections one, two, and three of an act entitled "An act to provide for the ascertaining and giving notice of title to the lands of the heirs of deceased persons," approved March thirteenth, eighteen hundred and sixty-seven, being sections four thousand three hundred and ninety-eight, four thousand three hundred and ninety-nine, and four thousand four hundred of the compiled laws of eighteen hundred and seventy-one. SECTION 1. The People of the State of Michigan enact, That sections four thousand three hundred and ninety-eight, four thousand three hundred and ninety-nine, and four thousand four hundred of the compiled laws of eighteen hundred and seventy-one, be amended so as to read as follows:

(4398.) SEC. 1. When any person shall have deceased, having title to any lands in this State, or whenever a conveyance or grant of any lands in this State shall be or shall have been made to the heirs or legal representatives of any deceased person, without indicating or showing who are or were such heirs or representatives, it shall be lawful for any person or persons claiming an interest in said lands, whether as heirs-at-law or under such heir or heirs, to

apply to the probate court of the county in which such lands or any part thereof are located, which said court shall adjudicate and determine who are or were the legal heirs or representatives of said deceased person, and entitled to the lands of which the deceased died seized, or the lands embraced in the conveyance or grant made to the legal representatives of such deceased person.

for, what to

(4399.) SEC. 2. The application shall be made by filing a petition Petition to court in said court, subscribed by the petitioner, his, her or their attorney, contain duly verified, setting forth the name of the deceased, that he died seized of lands in this State, or that a conveyance or grant was made to the legal representatives or heirs of the deceased, as the case may be, of certain lands, a portion of which (and describing such portion) the petition shall show to be located in the county where said petition is to be filed, the names and residences of the heirs or legal representatives of said deceased person, so far as the same are known to the petitioner, and shall conclude with a prayer for the determination and adjudication aforesaid, and thereupon order fixing said court shall make an order setting forth the time and place of time and place hearing such petition, and shall cause notice of such petition, and of the time and place assigned for the hearing thereof, to be published for three successive weeks in such newspaper as the said court shall direct.

of hearing.

adjudication of

(4400.) SEC. 3. At the time assigned for the hearing of said peti- Finding and tion, or at the time to which said hearing may be adjourned, the the court. court may hear proof taken by commission or by witnesses produced in open court, of the facts set forth in said petition, and shall thereupon, if the evidence be sufficient, find and adjudge who are or were the heirs or legal representatives of the deceased, and entitled by the laws of this State to inherit the real estate of the deceased, or to take title to lands conveyed or granted to the heirs or legal representatives of said deceased, which finding and adjudication shall be entered on the journal of said court, and which entry, or a duly certified copy thereof, shall be prima facie evidence of the facts therein found.

Ordered to take immediate effect.
Approved April 26, 1883.

[No. 50. ]

AN ACT making an appropriation for an additional power boiler at the eastern Michigan asylum at Pontiac.

SECTION 1. The People of the State of Michigan enact, That Appropriation there be and hereby is appropriated out of the State treasury for made. the eastern Michigan asylum at Pontiac, the sum of two thousand eight hundred and fifty dollars, for the purchase of an additional power boiler.

SEC. 2. That there shall be assessed upon the taxable property of Assessment of the State in the year eighteen hundred and eighty-three, the sum tax for pay. of two thousand eight hundred and fifty dollars, which shall be

ment

How drawn from State treasury and expended.

Appropriation made.

Purposes for which to be expended.

Further appropriation made for publishing book, etc.

Number of copies.

assessed, levied, and collected in the same manner as other State taxes are by law assessed, levied, and collected, which tax, when collected, shall be credited up to the general fund, to reimburse the same for the amounts drawn therefrom, as provided in section one of this act.

SEC. 3. That the moneys appropriated hereby may be drawn from the State treasury upon the warrant of the auditor general, in such sums and at such times as shall be made to appear to him necessary; they shall be expended only for the purpose specified, and their receipt and disbursement shall be accounted for by duplicate vouchers and monthly accounts current, as provided for by act number one hundred and forty-eight, of the laws of eighteen hundred and seventy-three.

Approved April 26, 1883.

[No. 51.]

AN ACT making an appropriation for the pioneer society of the State of Michigan for the years eighteen hundred and eightythree and eighteen hundred and eighty-four.

SECTION 1. The People of the State of Michigan enact, That there is hereby appropriated from the general fund for each of the years eighteen hundred and eighty-three and eighteen hundred and eighty-four, to the pioneer society of the State of Michigan, the sum of five hundred dollars, to be expended from time to time whenever needed for the purposes of said society, in collecting, embodying, arranging, and preserving in authentic form a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary, and other materials, illustrative of the history of Michigan, to rescue from oblivion the memory of its early pioneers ; to obtain and preserve narratives of their early exploits, perils, and hardy adventures; to secure facts and statements relative to the history, genius, progress, or decay of our Indian tribes; to exhibit faithfully the antiquities and the past and the present resources of Michigan; but no part of such annual appropriation shall ever be paid for service rendered by its officers to the society.

SEC. 2. There is hereby further appropriated from the general fund for each of the years eighteen hundred and eighty-three and eighteen hundred and eighty-four, the sum of two thousand dollars, or as much thereof as may be necessary for the publishing, by the State printer, in each of the years eighteen hundred and eightythree and eighteen hundred and eighty-four, under the direction of the pioneer society of the State of Michigan, one volume of matter prepared and selected by the officers of said society, said volume, in each year, not to exceed seven hundred and twenty pages, and to be in type, style of printing and binding similar to the "pioneer collections," heretofore published by said pioneer society; the number of copies so to be published under the direction of said pioneer society not to exceed in each year three thousand volumes.

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