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dollars ; for the salary of the cashier, book-keeper, and chief clerk
of the State treasurer's office, the book-keeper and chief clerk of
the auditor general's office, the book-keeper, draughtsman, and
chief clerk of the State land office, and for the chief clerk of the
secretary of State's office, twelve hundred dollars each ; for the sal-
ary of the assistant book-keeper, and private secretary of the
auditor general's office, and three clerks of the secretary of State's
office, eleven hundred dollars each ; for such additional clerks in
the auditor general's office, State land office, State treasurer's office,
office of the secretary of State, the office of the State board of health,
and the office of the superintendent of public instruction, as may be
necessary, not exceeding at the rate of one thousand dollars each per
annum, for the time employed; for the salary of the clerk of the
attorney general, one thousand dollars: Provided, That if said
attorney general shall find it necessary to employ more than one
clerk, a sum not exceeding five hundred dollars additional is appro-
priated; said fifteen hundred dollars to be used for clerks' salaries
at his discretion.

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

[ No. 119. ] AN ACT to amend compiler's section four thousand five hundred

and seventy, being section twenty-six, chapter one hundred and sixty-three of compiled laws of eighteen hundred and seventyone, relative to the sale of real estate by administrator or executor for the purpose of distribution.

SECTION 1. The People of the State of Michigan enact, That sec- Section tion twenty-six of chapter one hundred and sixty-three of the com- amende piled laws of eighteen hundred and seventy-one, being compiler's section forty-fire hundred and seventy, be and the same is hereby amended so as to read as follows:

(4570.) SEC. 26. When a testator shall have given any legacy by a When assets will that is effectual to pass or charge real estate, and his goods, insufficient tom chattels, rights, and credits shall be insufficient to pay such legacy, real estate

may be sold. together with his debts and charges of administration, the executor or administrator, with the will annexed, may be licensed to sell his real estate for that purpose, or when a testator shall have given any When real estate real estate to two or more persons, and it shall appear to the satis- ne faction of the judge of probate having jurisdiction of the case, distribution. upon the application of any person interested in said real estate as devisee or legatee, and after a full hearing thereon, that it is necessary or will be for the best interest of the persons interested in said real estate as such devisees or legatees, to sell the same for the purpose of distribution; or when a person shall die intestate, and it Real estate of shall be shown to the satisfaction of the probate judge having juris- 10 diction of the case, that it is necessary, or for the interest of the persons interested in the estate of such intestate, to sell the real estate of such intestate persons, for the purposes of distribution,

devised may be sold for

intestatos sold for distribution,

Proviso.

the administrator may be licensed to sell the real estate of such person, in the same manner, and upon the same terms and conditions as are prescribed in said chapter in the case of a sale for the payment of debts: Provided, That in case of a testate estate the application shall be approved by the persons owning a majority in interest of said real estate.

Approved May 25, 1883.

defective bonds

. [ No. 120. ] AN ACT to amend section forty-two (42), of chapter one hundred

and seven (107), of the revised statutes of eighteen hundred and forty-six, being section six thousand one hundred and eightyseven (6187), of the compiled laws of eighteen hundred and

seventy-one, relative to defects in bonds. Section

SECTION 1. The People of the State of Michigan enact, That secamended,

tion forty-two (42), of chapter one hundred and seven (107), of the revised statutes of eighteen hundred and forty-six, being section six thousand one hundred and eighty-seven (6187), of the compiled laws of eighteen hundred and seventy-one, be and the

same is hereby amended so as to read as follows: Amending

(6187.) SEC. 42. Whenever such bond has been heretofore, or and substituting shall hereafter be given, and shall be defective in any respect, the

court officer, or body who would be authorized to receive the same, or to entertain any proceedings in consequence of such bond, if the same had been perfect, may, on the application of all the obligors therein, amend the same in any respect, or may, on the application of the person required to give such bond, allow a new one to be substituted in the place thereof, bearing date at the time when such bond was required to be given, and such bond shall thereupon be deemed valid from the time of the execution of such defective bond. When application is made to amend, said court, officer, or body shall have power to amend such bond in any respect, and without regard to the particular amendment applied for, so as to make said defective bond such a one as might have been required when the latter was given. When a new bond is allowed, it shall be such in form, penalty, and other respects, as might have been demanded when the defective bond was given.

Approved May 25, 1883.

new ones.

[No. 121. ] AN ACT to amend an act entitled "An act relative to the organi

zation and powers of fire and marine insurance companies transacting business within this State," approved April three, eighteen hundred and sixty-nine, as amended by the several acts amendatory thereof, by adding a new section thereto, to stand as section forty-two, of said act.

SECTION 1. The People of the State of Michigan enact, Thatan act entitled "An act relating to the organization and powers of fire

Section added,

organized under

States may tako certain risks,

relieves from

and marine insurance companies transacting business within this State," approved April three, eighteen hundred and sixty-nine, as amended by the several acts amendatory thereof, be amended by adding thereto section forty-two of said act, as follows:

SEC. 42. Any mutual insurance company organized under the Companies laws of any other State, in the United States, possessed of not less laws of other than two hundred thousand dollars in premium notes (face value) S of solvent parties, and not less than ten thousand dollars, either of etc., when. cash on deposit, or securities immediately convertible into cash for that amount, which would or shall limit its business to the class of risks hereinafter named, may be admitted to take risks upon mills, factories, and their accessories, such as elevators, warehouses, lumber yards, stores, and other property forming a part of such manufacturing property, and transact such business in this State, on compliance with complying with the provisions of the act of which this is amenda- para tory, as to fire insurance companies, so far as the same may be appli- penalties, etc. cable to mutual fire insurance companies, and compliance with the provisions of this act within the six months next succeeding its going into effect, by any company, shall be deemed to relieve the companies so complying, from all penalties or disabilities imposed, or sought to be imposed, by section six of an act entitled “An act to prevent the soliciting or issuing of unauthorized fire or inland marine insurance policies in this State,” and approved May twelve, eighteen hundred and eighty-one, or under any other statutes of this State, except as herein otherwise provided : Provided, how- Proviso. ever, That no such company shall be admitted until it has paid into the office of the State treasurer, a specific tax of three per cent on the gross amount of all cash premiums received by it, for insurance on property situated in this State, prior to the time when this act takes effect: And provided further, That no insurance com- Further proviso. pany which has violated the provisions of said act, shall be admitted until it has paid into the office of the State treasurer a penalty of two bundred and fifty dollars. The term premium as used in How tern prethis section, for the purpose of taxation, shall be construed to mean miu all moneys either heretofore or hereafter received by any insurance company, whether as original payments, or by way of subsequent assessments on premium note, and no other moneys. Before being Schedules to be admitted to do business under the provisions of this section, each to of said mutual insurance companies shall furnish to the commis- of insurance, sioner of insurance, a schedule of the notes held by it, no one of which shall exceed the sum of five thousand dollars, and each yearly statement shall contain a sinilar schedule. The solvency of which notes shall be subject to the approval of said commissioner, who may revoke the authority of any company to do Revocation of business in this State, at any time when a reduction of fifteen per au

a reducou o echi per companies, etc. cent has been made in its notes, or assets required by this section. The notes required by this section, shall be liable to assessment by Notes liable to any of said companies, for any of its losses, and shall constitute a assessment, first lien on the insured property. In ascertaining the amount of Computing prepremiums upon which the tax is to be computed by any company, mi

tax to be paid. no deduction for re-insurance shall be made except the re-insurance

mium construed.

furnished to commissioner

n

ation af fotoren non authority of

miums on which

is in companies authorized to do business in this State. Mutual
companies shall not re-insure any risk, except by consent of the
insured, and detailed statements of all re-insurances by such com-
panies shall be included in the annual statements filed in the insur.
ance bureau by them.

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

Owners may

clerks in recording.

[ No. 122.] AN ACT to provide for marking and branding live-stock.

SECTION. 1. The People of the State of Michigan enact, That adopt brand, etc.

e every person who has cattle, horses, hogs, sheep, goats, or any other

domestic animals, may adopt an ear-mark or brand, which ear-mark To be recorded. or brand may be recorded in the office of the county clerk of the

county where such cattle, horses, hogs, sheep, goats, or other Proviso. domestic animals shall be: Provided, That the mark or brand so

adopted and recorded shall be different from all other marks or

brands, adopted and recorded in such county. Duties of county . SEC. 2. It shall be the duty of the county clerks of the several

counties of this State, to keep a book in which they shall record the mark or brand adopted by each person who may apply to them for that purpose, for which they shall be entitled to demand and

receive twenty-five cents. Penalty for SEC. 3. If any person shall mark or brand, or alter or deface the changing, etc., brand,

mark or brand of any horse, mare, colt, jack, jenny, jennet, mule,
or any one or more head of neat cattle or sheep, goat, hog, shoat,
pig, or other domestic animal, the property of another, with intent
thereby to steal the same, or to prevent identification thereof by
the true owner, he shall be deemed guilty of felony, and shall be
punished by imprisonment at hard labor in the State prison, not to
exceed two years, or by fine of not more than two hundred dollars,
or both, in the discretion of the court.

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

Fee for.

[No. 123. ] AN ACT to amend section nine of act fifty-eight, of the session

laws of eighteen hndred and seventy-one, approved March twentyninth, eighteen hundred and seventy-one, being compiler's section two thousand two hundred and ninety, relative to the corporate rights of trust, deposit, and security companies.

SECTION 1. The People of the State of Michigan enact, That section nine of act fifty-eight, of the session laws of eighteen hundred and seventy-one, approved March twenty-ninth, eighteen hundred and seventy-one, being compiler's section two thousand two

Section amended.

accept and exe

fes, etc.

hundred and ninety, be and the same is hereby amended so as to read as follows:

(2290.) SEC. 9. Any corporation organized under this act shall Corporation may have power, in and by its corporate name, to accept and execute any cute trusts. trust which may be created by instruments in writing, appointing such corporation, trustees, for any lawful purpose, or which may be conferred upon it as executor or administrator of the estate and effects of any deceased person, by any last will and testament of any deceased person, or by appointment of the probate court of any county in this State, and to act as such trustee, executor, or administrator, in any and all matters embraced in such trust, or contemplated by such appointment; to take and receive from any May take what,

on deposit. individual or corporation on deposit for safe keeping and storage, gold and silver plate, jewelry, money, stock, securities, and other valuable and personal property, and may have power to collect coupons, interest, and dividends, on said above described securities, and to rent out the use of safes and other receptacles on their To rent use of premises, upon such terms and for such compensation as may be Sales agreed upon; to become security for administrators, guardians, or May become other trustees, or persons in cases where by law or otherwise one certain cases, or more sureties are required, for a rate of compensation and upon such terms and conditions as shall be established by the directors of any such corporation. Such corporation shall have a lien on any To have lien

on property gold and silver plate, jewelry, money, stocks, securities, and other deposited. valuable and personal property taken or received on deposit by it for safe keeping, as provided in this act, and in case such lien shall not be paid within two years from the date such lien shall accrue, or in case any property so taken or received by it shall not be May sell prop. called for by the person or persons so depositing the same, or his or tain cases, their legal representatives or assigns within two years from the date of the accruing of any lien upon the same, then such corporation may sell such property at public auction upon like notice as is required by law for constable sales on execution, and after retaining from the proceeds of such sale all liens and charges due and owing at the time of said sale, and the reasonable expenses of the same, shall pay the balance thereof to the person or persons so depositing such property, or his or their legal representatives or assigns.

Approved May 25, 1883.

security in

erty in cer.

[ No. 124.] AN ACT to authorize cities and villages to take private property

for the use or benefit of the public, and to repeal act number twenty-six, of the public acts of eighteen hundred and eighty

two.

SECTION 1. The People of the State of Michigan enact, That the Common council,

tc., authorized. common council of any city, and the board of trustees of any village in this State, is hereby authorized to take private property for the use or benefit of the public, within the limitation of the State

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