act to declare and establish the practice of charging or instructing juries, and settling law in cases tried in the circuit courts," approved March twenty-fifth, eighteen hundred and eighty-nine. SEC. 9. All acts or parts of acts contravening the provisions of Certain acts, this act shall be construed as void and of no effect as applied to etc., vold. the counties composing the eighth judicial circuit. This act is ordered to take immediate effect. [No. 57.] AN ACT to amend sections forty-four hundred and ninety-six and forty-four hundred and ninety-nine of the compiled laws of eighteen hundred and seventy-one, being sections fifty-nine hundred and sixty-four and fifty-nine hundred and sixty-seven, of Howell's Annotated Statutes relative to assignment, partition and distribution of estates of deceased persons. SECTION 1. The People of the State of Michigan enact, That Sections sections forty-four hundred and ninety-six and forty-four hun- amended. dred and ninety-nine of the compiled laws of eighteen hundred and seventy-one, being sections fifty-nine hundred and sixty-four and fifty-nine hundred and sixty-seven of Howell's Annotated Statutes, be and the same are hereby amended so as to read as follows: residue, how (§5964.) SEC. 2. After the payment of the debts, funeral After payment charges and expenses of administration, and after the allowances of debts, etc made for the expense of the maintenance of the family of the assigned. deceased and for the support of the children under seven years of age, and after the assignment to the widow of her share in the personal estate, or when sufficient effects shall be reserved in the hands of the executor or administrator for the above purposes, the probate court shall, by a decree for that purpose, assign the residue of the estate, if any, to such persons as are by law entitled to the same, subject, however, to the widow's right of dower, if there be a widow of the deceased entitled to dower, and her dower shall not have been assigned and set off to her. made. Appointment of commissioners. (§5967.) SEC. 5. When the estate, real or personal, assigned to Partition, two or more heirs, devisees or legatees shall be in common and when and how undivided, and the respective shares shall not be separated and distinguished, and the widow's dower shall have been assigned and set off to her, if she be entitled to a dower, partition and distribution may be made by three discreet and disinterested persons, to be appointed commissioners for that purpose by the probate court, who shall be duly sworn to the faithful discharge of their duties, and the judge of probate shall issue a warrant to them for that purpose. And if any commissioner appointed as herein In case provided shall die, remove out of the State, refuse or become in commissioner any other way incapacitated to perform said duties, the court may shall die, etc. appoint another commissioner in his place, and no further notice This act is ordered to take immediate effect. Appropriation. For a pipe organ. Auditor General in taxes. [No. 58.] AN ACT making an appropriation for the support of the Michigan School for the Blind for the years eighteen hundred and eighty-nine and eighteen hundred and ninety. SECTION 1. The People of the State of Michigan enaci, That there be and hereby is appropriated from the general fund the sum of twenty-four thousand nine hundred and twelve dollars and fifty cents to meet the current expenses of the Michigan School for the Blind for the year eighteen hundred and eightynine, and the farther sum of twenty-four thousand four hundred and twelve dollars and fifty cents to meet the current expenses of the Michigan School for the Blind for the year eighteen hundred and ninety. SEC. 2. That the farther sum of one thousand five hundred dollars be and is hereby appropriated from the general fund for the purchase of a pipe organ for said school. SEC. 3. The Auditor General shall add to and incorporate in to incorporate the State tax for the year eighteen hundred and eighty-nine the sum of twenty-six thousand four hundred and twelve dollars and fifty cents, and for the year eighteen hundred and ninety the sum of twenty-four thousand four hundred and twelve dollars and fifty cents, to be assessed, levied and collected as other State taxes are assessed, levied and collected, which sum, when collected, shall be placed to the credit of the general fund to reimburse it for the sums appropriated by sections one and two of this act. This act is ordered to take immediate effect. [No. 59.] AN ACT to amend section nine of chapter two hundred twentythree of the compiled laws of one thousand eight hundred seventy-one, relative to writs of habeas corpus and certiorari, as amended by act number two hundred sixty-six of the public acts of one thousand eight hundred eighty-one, approved June ninth, one thousand eight hundred eighty-one, the same being compiler's section eight thousand five hundred fifty-six of Howell's Annotated Statutes of Michigan. amended. SECTION 1. The People of the State of Michigan enact, That Section section nine of chapter two hundred twenty-three of the compiled laws of one thousand eight hundred seventy-one, relative to writs of habeas corpus and certiorari, as amended by act number two hundred sixty-six of the public acts of one thousand eight hundred eighty-one, approved June nine, one thousand eight hundred eighty-one, the same being compiler's section eight thousand five hundred fifty-six of Howell's Annotated Statutes of Michigan, be and the same is hereby amended so as to read as follows: (88556.) SEC. 9. Application for such writ shall be made by Application for petition signed either by the party for whose relief it is intended writ, how made. or by some person in his behalf, as follows: To the Supreme Court during its session; to the circuit court, or the circuit judges thereof, of the county where the prisoner is detained; to any municipal court of record, or the judge thereof, of any city where the prisoner is detained; or, if there be no such municipal court within the city, or the judge thereof be absent from the city, and the circuit judge shall be absent from the county, or for any cause be incapable of acting, or having refused to grant such writ, then application may be made to the circuit court or to the circuit judge of any adjoining county. When a writ of habeas corpus or certiorari shall be allowed and heard by a circuit judge, sitting at chambers, he shall cause a record of his action or proceedings thereon to be made on the journals of the circuit court refuses or at its then next session. And any judge who shall willfully or in case judge corruptly refuse or neglect to consider such application or petition neglects to shall be deemed guilty of malfeasance in office. Approved April 23, 1889. consider, etc. [No. 60.] AN ACT to provide for the incorporation of the State Woman's Christian Temperance Union of Michigan, and defining its powers. incorporate. SECTION 1. The People of the State of Michigan enact, That May the State Woman's Christian Temperance Union of Michigan may be incorporated in pursuance of the provisions of this act. execute articles SEC. 2. The president, vice-presidents, secretaries, treasurer of Who may the State Woman's Christian Temperance Union of Michigan and of association. any number of persons being members of the Woman's Christian Temperance Union may make and execute articles of association under their hands and seals, which said articles of association shall be acknowledged before some officer of this State having authority to take acknowledgment of deeds and shall set forth: First, The names of the persons associating and their place of residence ; Second, The corporate name by which the association shall be known; What to set forth. Where articles recorded, etc. Body politic etc. Proviso. Third, The object and purposes of such association and the period for which it is incorporated, which shall not exceed thirty years. SEC. 3. A copy of said articles of association shall be filed and recorded in the office of the Secretary of State, and thereupon the persons who shall have signed such articles of association, their and corporate, 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 to purchase, take, receive, hold and enjoy to them and their successors, estates, real and personal; of suing and being sued; and they and their successors may have a common seal, which may be changed and altered at their pleasure: Provided, That the value of their real and personal estate shall not exceed the sum of one hundred thousand dollars, and that they and their successors shall have authority and power to give, grant, sell, lease, devise, mortgage and dispose of said real and personal estate or any part thereof at their will and pleasure, and the proceeds, rents and increase shall be devoted to the charitable and benevolent purposes of the Woman's Christian Temperance Union. Said corporation shall have full power and authority to to make rules, make and establish rules, regulations and by-laws for regulating and governing all the affairs and business of said corporation not contrary to the laws of this State and the United States, and to designate, elect or appoint from among their members such officers, under such names and style as shall be in accordance with the constitution or charter of said society, who shall have the supervision, control and management of the affairs of said corporation. Power of corporation to etc. Copy of record, evidence, etc. Capital stock limited, etc. Subject to general law. SEC. 4. A copy of the record of such articles of association, under the seal of the State, and duly certified by the Secretary of State, shall be prima facie evidence in all the courts of this State of the existence and organization of such incorporation. SEC. 5. Any corporation formed in pursuance of this act may erect and own suitable edifices, buildings or halls, as such corporation shall deem proper, and for that purpose may create a capital stock of not more than one hundred thousand dollars, and any such corporation may take, purchase, hold and own a suitable lot or parcel of ground in any lawfully established cemetery for the interment of the deceased members of said incorporation.. SEC. 6. Any corporation formed under the provisions of th s act shall be subject to the provisions of chapter eighty seven of Howell's Annotated Statutes, so far as the same may be applicable to corporations formed under this act. Approved April 23, 1889. [No. 61.] AN ACT authorizing and instructing the Auditor General to balance the accounts of the Industrial Home for Girls by transfer of funds. funds SECTION 1. The People of the State of Michigan enact, That Transfer of the Auditor General is hereby authorized and instructed upon authorized. auditing the account current of the Industrial Home for Girls for the month ending December thirty-first, one thousand eight hundred eighty-eight, to transfer sufficient money from the current expense fund to the several special funds to cancel all overdrafts therein, the balance of the current expense fund on hand, if any, to be covered into the State Treasury. This act is ordered to take immediate effect. Approved April 23, 1889. [No. 62 ] AN ACT to provide for building bridges situated partly in more than one township, or in one township or more than one, and partly in a city or incorporated village, when any such township, city or village shall be unwilling to join in or contribute to the building thereof. apply to Board construct SECTION 1. The People of the State of Michigan enact, That when may whenever any township, city or such incorporated village as men- of supervisors tioned hereafter in this section, shall be desirous of having a bridge for order to constructed, which would, when constructed, be partly in more bridge, etc. than one township, or partly in one township or more than one, and partly within a city or in an incorporated village, which may be bound to keep in repair a street leading to and across such bridge when built, and any such township, city or village shall be unwilling, or upon request, neglect or refuse to join in building such bridge, or to contribute its just share to the building thereof, any such township, city or village desiring the building of such bridge may, by its township board, its common council or its village council, as the case may be, by petition, in the form of a resolution or otherwise, apply to the board of supervisors of the county for an order for the construction of such bridge, and for fixing the respective proportions which each township, city and village shall contribute for the construction of such bridge and for keeping the same in repair, as well as for deciding the kind of bridge to be constructed. for special board. SEC. 2. Unless such petition is to be presented to the annual when may ask meeting of said board of supervisors, or at an earlier meeting meeting of already appointed by the board, to be held at least thirty days prior to such annual meeting, it may contain a request for a special meeting of said board, and may be delivered to the clerk of said board, who shall have authority, and whose duty it shall be, to call a special meeting of said board not more than twenty, nor less |