driving. offensive houses and places as the board of trustees may deem necessary for the health, comfort, pleasure and convenience of the occupants upon the said lands; to prohibit immoderate driving and Immoderate riding upon said premises of the streets and highways lying along and across the same; to prevent the running at large of any dog or other animal; to compel persons occupying any part of said sidewalks. premises to keep the sidewalks and highways in front of such premises free from dirt and obstructions; to fix the place or places where and the time when persons may bathe in the waters within or in front of its land, and to regulate the same in the interest of decency and good morals; and to prohibit all boating upon any of said waters upon Sunday to or from the lands of said association. by-laws, etc. SEC. 9. Such board of trustees may make such orders and Power to make by-laws relating to the matters herein before specified, and to the business and property of the association, as to them shall seem proper; such by-laws subject always to the approval of the annual meeting of the association, and when approved by such annual meeting they shall take effect after the same have been posted in three public places on said grounds at least ten days. by-laws. SEC. 10. Any person who shall violate any of such by-laws Penalty for made and approved as in said last section provided, relating to violating any matter mentioned in section eight, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding twenty-five dollars or imprisonment in the county jail, not to exceed thirty days, or by both such fine and imprisonment in the discretion of the court, which fines shall go to the same fund as other fines for misdemeanors in the townships where such associations may be located. SEC. 11. The board of trustees may, for the preservation of May appoint peace and good order, appoint a marshal, whose duties and com- marshal, pensation shall be fixed by such board in and by a by-law passed and approved as herein before provided for the adoption and approval of its by-laws; he shall have all the powers conferred Power of upon, and the duties required of, constables elected under the marshal. general laws of this State, for the preservation of peace and good order upon the grounds of the association; and said associations shall in its corporate capacity be held responsible to the public and parties interested for his official conduct in lieu of other bonds or security therefor; he may be removed at any time by a two-thirds vote of the trustees, with or without cause; in all cases where any fees or expense shall be due to or incurred by him in the discharge of his duties in any matter that would be an offense against the general laws of the State, his fees and charges shall be regulated and paid in the same manner as other constables, but in all matters under the by-laws or regulations of the association, provision shall be made therein for his payment by the association. SEC. 12. The marshal shall have authority to take any person Idem. arrested before some justice of the peace or police magistrate of Penalty for injuring property, etc. Taxation. Disposition of property. Proviso. How title may be established, the township in which the association lands are situated, to be dealt with according to law. SEC. 13. Any person who shall willfully destroy, injure or remove any statuary, fence, fountain, building or other structure placed on the grounds of the association, any dock, landing, quay, boathouse or boat upon the waters upon which such lands are located, the property of any association incorporated under this act, or of any individual member thereof, or who shall willfully cut or injure any tree, shrub or plant upon the said grounds, or who shall deposit in any spring, stream or water upon or within such grounds or in front thereof, any filth or impurity, or who shall in any way injure any pipe, lock or reservoir for the storage or passage of water upon such grounds, or any sewer or drain, shall be deemed guilty of a misdemeanor, and shall be liable, on conviction thereof, to a fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court. SEC. 14. The property of such corporation shall be subject to taxation, except all houses of public worship, and also all school buildings used exclusively for school purposes and the lot upon which they stand, and the furniture therein, which shall be exempt therefrom. SEC. 15. Every corporation organized under the provisions of this act may, at any time within two years next preceding the time fixed for the termination of its existence, make such disposition of its property, real and personal, as a two-thirds majority of the members present and voting at an annual meeting may, by vote, direct: And provided, That at the time of organization or whenever during the existence of any such corporation the lands of such association shall be embraced within the corporate limits of any city or village, that then the powers and obligations herein. conferred upon such association and its officers partaking of a public or municipal nature, so far as the same shall conflict or interfere with the powers and duties of such city or village, those of said association shall to that extent be suspended and the provisions of this act are and shall be limited in their operation in that regard. This act is ordered to take immediate effect. [No. 40.] AN ACT to authorize certain proceedings to quiet titles to real estate in the county of Charlevoix, and to provide for the punishment of persons who may testify falsely, or who may corruptly attempt to acquire title in such real estate, or who shall willfully use or procure false testimony to establish his claim or title. SECTION 1. The People of the Stute of Michigan enact, That etc. any person or persons having the actual possession, by himself, his agent or tenant, of any piece or pieces of land lying within the county of Charlevoix, and claiming to be the owner or owners thereof by freehold title in severalty, or common, and any person or persons owning any mortgage interest therein whether in possession or not, may, by conforming to the provisions of this act, have his, her or their interest ascertained, declared and established. etc. statement, etc. made by agent, SEC. 2. The person or persons having such interest in lands To file affidavit, shall file with the register of deeds and in the office of the clerk of the county of Charlevoix an affidavit describing the land in Contents of, etc. respect to which the claim is made, the title and interest claimed and when and from whom obtained, and shall further state that the Farther person or persons so filing the same, or some person or persons under whom he or they claimed were in the actual possession thereof, under such claim of title, on the eighth day of October, eighteen hundred and eighty-seven. Such affidavit shall be subscribed When may be and sworn to before any officer authorized to administer oaths. etc. In case the person claiming such title and interest shall reside out of this State, the affidavit may be made by an agent of the party. If made by an agent the absence from the State or non-residence of the party shall be made to appear therein, and the fact of the authority to make and file the same; and the agent shall further produce and annex to the affidavit a written power of attorney as such agent. Executors, administrators and guardians duly appointed by law, and trustees shall be entitled to proceed under the provisions of this act in behalf of the interest they represent. The said affidavits being so filed in the clerk's office shall be con- Effect of sidered and have the same effect of a declaration, and is hereby declared to be the commencement of a suit by the claimant against all persons having or claiming any interest in the land therein described; and the claimant shall cause to be entered the common rule to appear and plead as in commencement of suit by declaration, and all subsequent proceedings, to and including judgment of confirmation, shall be entitled and proceeded in as the writ may be entitled in said rule. affidavits, etc. published, etc. SEC. 3. The person filing such affidavit with the register and Notice to be clerk shall, within one month from the date of filing the same, cause to be published once in each week for six successive weeks, in a newspaper printed in the English language, published in the county of Charlevoix, and by posting the same in three of the most public places in the township where such land may be situated, three weeks before a hearing, a notice in substance as follows: Land claim-Take notice! The undersigned claims to have an Form of. interest in and to the following described lands, namely (describing the interest claimed): Any person or persons claiming adversely must enter his or her appearance in the county clerk's office of the county of Charlevoix, within six months after the first publication of this notice. SEC. 4. After the expiration of six months from the first publi When claims to be referred to circuit court etc. cation of the notice specified in the preceding section and within one year thereafter, if no appearance has been entered by any commissioner, party claiming adversely, the party giving such notice, his agent or attorney may enter in a book to be kept by the county clerk, an order referring his claim to any circuit court commissioner of Charlevoix county, to take proof of the title and possession of the claimant and report the same to the circuit court of the county of Charlevoix: Provided, If the circuit court commissioner or commissioners of Charlevoix county shall be interested in such land, or be of kin to any party to such suit or proceeding, or be otherwise disqualified from acting in such matter; then in case of such interest, kinship or other disqualification, a like order may be made referring such claim to some disinterested circuit court commissioner of any adjoining county to take such proofs and Order, what to make such report to said court. The order of reference so Proviso. state, etc. Proof, how made, etc. entered shall state the time when, and the place where the proofs will be taken, at which time or place (unless the same is continued for cause shown) the claimant shall appear, produce and file with the commissioner a certified copy of the affidavit filed with the register and clerk, together with the proof of filing the same, also an affidavit of the publication of the notice required by this act, and a certified copy of the order of reference, upon the production and filing of which the commissioners shall proceed to hear the proofs of the claimant; proof and title of such interest as described in the first section of this act, shall be made by producing and filing the deed or instrument under which the applicant claims title or interest, which if it appear to be duly executed and acknowledged so as to entitle it to record, and to have been duly recorded, may be taken as evidence of the title Other person to and interest claimed. The applicant, except in the case of mortgagee not in possession, shall also produce before the commissioner a person who shall make an affidavit substantially as follows: Being duly sworn says that on the eighth day of October, eighteen hundred and eighty-seven, was well acquainted with the land following, to-wit: (setting forth the plans) that (stating who) was then in possession thereof and had been (stating the time previous thereto) in which affidavit the deponent shall fully state his means of knowledge of the facts therein stated as to the posses. sion of the premises, and further that he has no direct or indirect interest in said claim and that he expects no advantage to himself thereby. make affidavit, etc. Contents of. Who may have benefits of this act. SEC. 5. Any person or persons whose title may have accrued since the eighth day of October, eighteen hundred and eighty-seven, may obtain the benefits of the provisions of this act by showing that some of the persons under whom he claims were in actual possession of the premises on said eighth day of October, eight-een hundred and eighty-seven, and by producing before the commissioner the deed duly executed, acknowledged and recorded under and by which such person or persons so in possession on that day claimed, together with the claim of title from such person or persons down to the claimants, in which case the affidavit. provided to be made in section two of this act shall correspond with the facts. of deeds, etc. SEC. 6. In case of the loss or involuntary destruction of deeds In case of loss or mortgages, and the same not now appearing of record in the register's office of the county of Charlevoix, secondary evidence may be resorted to, to establish title in all proceedings under this act. to make return, SEC. 7. The commissioner shall annex, together with all the Commissioner papers and proofs produced before him, and shall make return etc. thereof to the then next term of the circuit court for the county of Charlevoix, together with his written opinion as to the validity of the claim as made before him. for confirmation SEC. 8. Within one year after the filing of the report of the When to apply commissioner, the claimant shall apply to the circuit court for of title, etc. the county of Charlevoix to confirm the title and interest of the person or persons claiming in and to the lands described; whereupon if the proofs submitted are such as are required by this act, and satisfactory to said court, the court shall render judgment Judgment. confirming said report and the title or interest in the party certified thereto, which judgment shall be entered by the clerk of the court in a book to be procured for that purpose and signed by the judge of said court. The person or persons in whose favor Certifed copy such judgment shall be rendered shall procure a certified copy recorded, etc. thereof under the seal of said court and shall cause the same to be recorded in the register's office for said county of Charlevoix, which record, or a duly certified copy thereof, shall be full, sufficient and conclusive evidence in all courts and places of the title or interest set forth in the judgment, unless the same is subsequently set aside for some one of the causes hereinafter specified. of to be SEC. 9. If the court shall deem no interest proven, the court proceeding shall refer the proceeding to the commissioner for other and referred or further proof, or dismiss the application. dismissed. under oath, etc. SEC. 10. The commissioner at any time during the pendency of May examine the proceedings before him may require, and in the case of lost deeds or mortgages shall require the claimant or some other person having knowledge of the facts to be examined under oath as to the title, interest and possession of the claimant, which examination shall be reduced to writing by the commissioner and signed by the person so examined, and in case the claimant shall, after reasonable notice, fail to appear or refuse to be sworn or proceedings to refuse to answer any question put to him touching his title, be interest or possession, and no person having knowledge of the facts, being produced by or for him, or such person being produced refusing to be sworn or answer such questions, the commissioner shall dismiss the proceeding and certify the same to the said circuit court with his reasons for such dismissal. When be dismissed, may be set SEC. 11. The judgment of confirmation may be set aside by When judgment. order of the said circuit court at any time within five years after the aside. same shall have been rendered for any of the following reasons: First, That the deed or instrument upon which the judgment False deed, etc. |