proper county, which petition shall set forth his authority what to set as attorney or agent, the particular reasons for making and forth. filing such petition, and a distinct description of the premises on which such cemetery is located, which petition shall be filed, as aforesaid, thirty days previous to the first day of the term for which such petition shall be noticed ure of board to for hearing. That notice of the pendency and hearing of Notice of petition such petition shall be given for the same space of time, to be published. by publishing the same in a newspaper published in the proper county, once in each week for four successive weeks. prior to the first day of the term when such case is noticed for hearing: Provided, That should said board of Proviso on failhealth neglect or refuse to appoint such attorney or agent appoint attor within thirty days after the complaint in writing shall ney. have been filed with said board, then any freeholder resident of said township may file said petition and proceed in the same manner as though regularly appointed as such agent or attorney: Provided further, Such freeholder may Further proviso be required upon the order of said court to furnish security for costs should said petition be denied. as to costs. out notice. circuit court SEC. 3. That the hearing on such petition may be con- Hearing may be tinued from term to term, in the discretion of the court, continued withwithout further notice; that all testimony may be taken Testimony may in open court, or the taking of the same may be referred, be taken before in the discretion of the court, to a circuit court commis- commissioner. sioner of the proper county; that, under the discretion of the court, proper issues may be made for the determination of all questions of law and fact, and all questions of compensation to any person or persons to be affected by such proceedings, and all questions touching the compensation to be paid by the person or persons to whom said premises or any part thereof shall be sold after the same shall have been vacated as such cemetery, and all issues of fact may be tried by a jury, or three commissioners, if the court shall so order, and any person adversely interested may cause himself to be made defendant to such petition. In all cases In case jury is where reference shall be made to a jury or commissioners to determine the compensation to be paid to or by any persons as aforesaid, the proceedings upon such reference shall, so far as practicable, be like those had in cases where a jury is impaneled or commissioners are selected, to ascertain and determine the necessity of taking lands, franchises, and other property for the construction of railroads, and to appraise the damages and compensation to be allowed therefor. If upon [the] hearing, such petitioner shall produce Court to order satisfactory evidence to the court that the notice required cemetery by this act has been given, and that such cemetery should be vacated in whole or in part, as a place of burial, for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall impaneled. vacated, be vacated, in whole or in part as a place of burial. That Copy of order to a copy of such order, certified by the register of such be recorded, Dead bodies to be reinterred in new cemetery. Proviso. Proviso as to time of removal, Owner of land court under his seal, shall be recorded by the petitioners in the office of the register of deeds of the proper county. SEC. 4. That when any cemetery shall be vacated as provided in this act, the said township board of health shall cause all the dead bodies and remains buried in said cemetery to be reinterred in the cemetery of such township, if they have one, and if not, then in some suitable cemetery in an adjoining township, in a prudent, careful and respectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tombstones and monuments, with as little injury as the case will admit: Provided, That should the cemetery vacated belong to any religious society or church and there be another suitable cemetery belonging to the same church or denominational society within said township or an adjoining township, then said removal may be made to such cemetery instead of to the township cemetery: And provided further, That no removal of said bodies and remains shall be made during the months of June, July, August or September, excepting in the upper peninsula. Such removal and the cost of such proceedings under this act, shall be at the expense of, and paid by the township in which such cemetery is situated, except that in cases where the proceedings are instituted by an individual, without the consent of the township board of health, and the prayer of the petition shall be denied by the court, then and in that case, the person so instituting the proceedings shall be required to pay such costs as may be allowed by order of the said court. SEC. 5. In all cases where the land vacated shall revert to repay for lots. to said township or to any person or persons, such township shall on demand, and upon the conveyance of said lot, where conveyance may be necessary, to said township board of health or private person, repay to any owner the price he may have paid for his lot. Land to revert to original grantor. Proviso. SEC. 6. In all cases where the land embraced in the cemetery so vacated shall not exceed one acre in area it shall revert to the original grantor or his heirs, or be so conveyed to him or them by the said township if necessary: Provided, Said grantor or his heirs shall first pay to said township the value of said land based upon the market price of like land in the immediate vicinity. Approved March 29, 1895. [ No. 50. ] AN ACT to amend section five of act number one hundred thirty-five of the session laws of eighteen hundred sixtyseven, entitled "An act for the incorporation of industrial and other charitable schools, approved June twentyseventh, eighteen hundred sixty-seven, the same being section four thousand six hundred and two of Howell's annotated statutes of Michigan, as amended by act number eighty-two of the public acts of eighteen hundred eighty-one. amended. SECTION 1. The People of the State of Michigan enact, Section That section five of act one hundred thirty-five of the session laws of eighteen hundred sixty-seven, entitled "An act for the incorporation of industrial and other charitable schools," approved June twenty-seventh, eighteen hundred sixty-seven, the same being section four thousand six hundred and two of Howell's annotated statutes of Michigan, as amended by act number eighty-two of the public acts of eighteen hundred eighty-one, be and the same is hereby amended so as to read as follows: funds to be used, be taken by gift. SEC. 5. All the funds received by any such corporation How and where shall be used in the first instance, or shall be invested, and the income thereof used, after paying necessary expenses, for the exclusive purpose or purposes set forth in the articles of association; and no portion thereof shall be used for any such purpose or purposes, except within this State, and no portion of the funds of any such corporation shall be used or contributed towards the erection, completion or furnishing of any building not owned or used by such corporation for the exclusive purpose or purposes set forth in its articles of association. Such corporation may take by what amount gift, purchase or devise, property to an amount not exceed of property may ing five hundred thousand dollars, and it shall be lawful to invest the same upon mortgage, or in city, county, State or government securities, but no loan of its funds shall be made to any trustee or officer of such corporation: Pro- Proviso as to vided, That any such corporation may in its articles of which to invest association specify the kind of securities in which its funds. funds shall be invested, and that no part of its funds shall be invested in any securities other than those named in its articles, or where the securities shall not be specified in its articles of association, then such funds shall only be invested in such securities as are specified in this act: Provided further, That all the property of such corporation in excess of the value of one hundred thousand dollars shall be subject to taxation for all purposes, as other property, real or personal, is assessed and taxed under the laws of this State. Approved March 29, 1895. securities in Section amended, Executors, etc., must turn over property within 60 days after order from [No. 51. ] AN ACT to amend section one of act number two hundred and eight of the session laws of the year eighteen hundred eighty-nine, entitled "An act to define and punish the offense of embezzlement by general or special administrators, executors or guardians," the same being compiler's section nine thousand one hundred ninetyone a of the third volume of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, That section one of act number two hundred and eight of the session laws of eighteen hundred eighty-nine, entitled "An act to define and punish the offense of embezzlement by general or special administrators, executors or guardians, "be and the same is hereby amended so as to read as follows: SECTION 1. That if any general or special administrator or any executor or guardian, who has been appointed by a judge of probate and who has collected any goods, chatjudge of probate. tels, money or effects of the deceased or ward, and willfully appropriated the same to his own use and who has been ordered by the judge of probate, forthwith to deliver to his successor in trust, ward or any person lawfully entitled thereto, all the goods, chattels, money or effects of the deceased or ward in his hands, shall willfully omit, neglect or refuse for sixty days to obey said orders, be shall be deemed to have committed the crime of embezzlement and shall upon conviction thereof, be imprisoned in the State Prison for not more than five years, or by fine not exceeding two thousand dollars, or imprisonment in the county jail not more than one year: Provided, That in case such order shall be appealed from, said period of sixty days shall be reckoned from the affirmance of the order in the circuit or supreme court. Approved March 26, 1895. Repealing clause. [ No. 52. ] AN ACT to repeal act number thirty-two of the public acts of Michigan of eighteen hundred ninety-one, entitled "An act requiring certain of the regular terms of the circuit court for the county of Iosco to be hereafter held within the city of Au Sable." SECTION 1. The People of the State of Michigan enact, That act number thirty-two of the public acts of Michigan of eighteen hundred ninety-one, entitled "An act requiring certain of the regular terms of the circuit court for the county of Iosco to be hereafter held within the [ No. 53. ] AN ACT to amend section thirteen of chapter one hundred and eighty-three of the compiled laws of eighteen hundred and seventy-one, being compiler's section seven thousand three hundred and two of Howell's annotated statutes, relative to the commencement of suits; of process, and the service and return of original writs. amended. SECTION 1. The People of the State of Michigan enact, Section That section thirteen of chapter one hundred and eightythree of the compiled laws of eighteen hundred and seventyone, being compiler's section seven thousand three hundred and two of Howell's annotated statutes, relative to the commencement of suits; of process, and the service and return of original writs, be and the same is hereby amended so as to read as follows: capias may issue SEC. 13. Personal actions arising upon contract, express In what case or implied, may be commenced by capias ad respondendum on amidavit. only to recover damages for any breach of promise to marry, or for moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment, or in case of fraud or breach of trust, when the plaintiff, or some one in his behalf, shall make and attach to such writ an affidavit, stating therein that the plaintiff has a claim for damages against the defendant for the cause of action stated in the writ, and upon which he believes that the plaintiff is entitled to recover a certain sum, being more than one hundred dollars. Approved March 29, 1895. [ No. 54. ] AN ACT fixing the name of the asylum for the insane located at Newberry in the upper peninsula of Michigan. SECTION 1. The People of the State of Michigan enact, Name of upper That the asylum for the insane located at Newberry, in the fum for insane, upper peninsula of Michigan, under the provisions of act number two hundred and ten of the laws of eighteen hundred and ninety-three, shall be known, when organized, as the Upper Peninsula Hospital for the Insane; and as such |