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cause shall have been heard, or the judge thereof at chambers, shall have power on special motion, and a proper showing, to grant an extension of not over forty days for taking and perfecting such appeal, and not over forty days for the return of such appeal.
Approved February 20, 1877.
[No. 14.] AN ACT to repeal section one of chapter ten of Act No. LXII.
of the session laws of eighteen hundred and seventy-five. Section' repealed. SECTION 1. The People of the State of Michigan enact, That
section one of chapter ten of act number sixty-two of the session
SEC. 2. This act shall take immediate effect.
[ No. 15.] AN ACT to amend section two of act number fifteen of the session
laws of eighteen hundred and seventy-five, approved February twenty-five, eighteen hundred and seventy-five, entitled "An act for the protection of inn and hotel keepers," so that the provisions
of the act shall apply to private house and boarding house keepers. Section amended. SECTION 1. The People of the State of Michigan enact, That
section number two of act number fifteen of the session laws of eighteen hundred and seventy-five, approved February twenty-five, eighteen hundred and seventy-five, being an act entitled “An act for the protection of inn and hotel keepers,” be so amended as to
read as follows: Punishment for SEC. 2. Every person who shall at any hotel, inn, boarding house, credit, etc., with or private house, order or cause to be furnished any food or accomintent to defraud. modation with intent to defraud the owner or proprietor of such
hotel, inn, boarding or private house out of the value of such food, or accommodation, and every person who shall obtain credit at any hotel, inn, boarding house or private house, by the use of any false pretense or device, and any person who, after obtaining credit, or accommodation at any hotel, inn, boarding house, or private house, shall surreptitiously remove his baggage or property therefrom with intent to defraud the owner, or keeper thereof, shall, upon conviction, be adjudged guilty of a misdemeanor; and on conviction thereof shall be punished by im prisonment in the county jail not exceeding ninety days or by fine not exceeding one hundred dollars, or by both such fine and imprisonment in the discretion of the court.
Approved February 20, 1877.
[No. 16.] AN ACT to amend section forty-five of chapter one hundred and
fifty, being section four thousand two hundred and forty-seven of the compiled laws of eighteen hundred and seventy-one, relative to " alienation by deed and the proof and recording of conveyances and the canceling of mortgages."
SECTION 1. The People of the State of Michigan enact, That Section section forty-five of chapter one hundred and fifty, being section four thousand two hundred and forty-seven of the compiled laws of cighteen hundred and seventy-one, be and the same is hereby amended so as to read as follows:
(4247.) Sec. 45. Any person whose lands are incumbered by a Mortgagor's mortgage duly recorded, that has been paid and satisfied, may cuit court. present a petition to the circuit court for the county in which such lands so incumbered are situated, duly verified by the oath of said petitioner, stating the facts in regard to said payment, and also that the present residence or whereabouts of the mortgagee or his assigns, if the same shall have been assigned, is unknown to the said petitioner, and that he has been unable to ascertain the same after diligent search and inquiry; or stating that the mortgagee or the assignee, if the same has been assigned, is deceased ; and that at least three months have elapsed since the death of the deceased, and that the names and residence of the legal representatives, if any there are, of the mortgagee or assignee, are unknown to the petitioner; and that he has been unable to ascertain the same, after diligent search and inquiry. He shall also set up in said petition the names of mortgagor and mortgagee, the date of said mortgage, the liber and page of the record thereof. Upon the presen- If proofs are tation of said petition the said court may proceed to hear and court to deliver determine the truth of the matters therein stated ; and if it shall be petitioner ancat. made to appear to said court, either by the production in evidence of the original mortgage, or of the bond or notes accompanying the same, provided said mortgage was collateral security for the payment of a bond or notes, and proving to the satisfaction of said court that such mortgage, or bond, or notes came into the possession of the said petitioner by payment in full both of principal and the interest thereon to the time of such payment, by competent eridence, the court shall make a certificate to that effect, setting forth therein the names of the witnesses and the nature of the evidence by which such facts have been made to appear, and a minute thereof shall be entered in the journal of said court, and such certificate signed by the judge of said court, and attested by the clerk thereof under the seal of sail court, shall be delivered to said petitioner. Approved February 24, 1877.
Wbo may incor
What to set forth,
etc., to be filed
[ No. 17. ] AN ACT to provide for the incorporation of lodges of Knights of
Pythias. SECTION 1. The People of the State of Michigan enact, That porate under this the Grand Lodge and subordinate lodges of Knights of Pythias
of the State of Michigan may be incorporated in pursuance of the
provisions of this act. Incorporation by SEC. 2. Any ten or more persons, residents of this State, being Grande Lodge or members of the Grand Lodge of the Knights of Pythias of the State the Knights of of Michigan, desirous to become incorporated, may make and execute Articles of asso- articles of association, under their hands and seals, which arti
cles of association shall be acknowledged before some officer authorized by law to take acknowledgments of deeds, and shall set forth:
First, The names of the persons associating in the first instance, and their places of residence;
Second, The corporate name by which such association shall be known in the law, and the place of its business office;
Third, The object and purpose of such association, which shall be to promote the general welfare of the fraternity known as the Grand Lodge of Knights of Pythias, and the period for which it is
incorporated, not exceeding thirty years. Copy of articles, SEC. 3. A copy of said articles of association, together with a With Secretary copy of the charter and constitution of said Grand Lodge, shall be
filed with the Secretary of State, and thereupon the persons who shall have signed such articles of association, their associates and
successors shall be a body politic and corporate by the name exPowers of corpo. pressed in such articles of association, and by that name they and
their successors shall have succession, and shall be persons in the law, capable to purchase, take, receive, hold, and enjoy, to them and their successors, estates real and personal, of suing and being sucd,
to have a common seal, which may be tered or changed at their pleasure; Provided, That the value of such real and per. sonal estate shall not exceed the sum of ten thousand dollars, and that they and their successors shall have power to give, grant, sell, lease, demise, and dispose of said real and personal estate, or part thereof, at their will and pleasure, and the proceeds, rents, and incomes shall be devoted exclusively to the charitable and benevolent
purposes of the Grand Lodge of Knights of Pythias. Said corPower to estab- poration shall have full power to make and establish rules, regularegulations, and tions, and by-laws for regulating and governing all the affairs and elect officers, etc business of said corporation not repugnant to the constitution and
laws of this State or of the United States, and to designate, elect, or appoint from its members such officers, under such name and style as shall be in accordance with the constitution of the Sul
preme Lodge of the world. Evidence of cor. SEC. 4. A copy of the record of such articles of association linporation.
der the seal of the State, duly certified according to law, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation.
Proviso-real and personal es. tate limited,
Sec. 5. Such corporation when duly formed shall have power to Power to charter institute and charter subordinate lodges of said order within this lodges and make State, and from time to time to make, ordain, constitute, and es- rules, etc., fur tablish such general laws and by-laws, ordinances and regulations ment. for the government of such subordinate lodges, not repugnant to law or to the constitution or regulations of the Grand Lodge of Knights of Pythias, as to them shall seem proper and necessary; and in case of violation or non-compliance with such ordinances, by-laws, and regulations, to revoke and anrul the charter granted to such subordinate lodges : Provided, That the existing subordinate Proviso—existlodges heretofore duly chartered by the Grand Lodge of Michigan, control of Grand (or of the United States), shall be subject to the control of the Lodge as heresaid Grand Lodge under this act as heretofore, and in the same manner, and to the same extent as those that may hereafter be instituted and chartered under this act.
Sec. 6. Any nine or more persons, residents of this State, being Incorporation by members of any subordinate lodge, having been duly chartered by ordinate lodges. the Grand Lodge of this State, desirous to become incorporated, may make and execute articles of association under their hands Articles of asso. and scals, specifying as provided in article two of this act, and file ciation, a copy of such articles with the clerk of the county in which such corporation shall be formed, which shall be recorded by such clerk in a book to be kept in his office for that purpose; and Powers of corpo. thereupon the persons who shall have signed said articles of asso- ration. ciation, their 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 the law (capable to purchase, hold, enjoy, grant, sell, give, lease and demise real and personal estate), of suing and being sued, and may have a common seal, and change and alter the same at pleasure; and a certified copy of the record of such articles of association, under the seal of the county where the said record is kept, shall be received as prima facie evidence in all courts in this State of the existence and due incorporation of such corporation ; Provided, That the value of such real and personal Proviso-real estate shall not exceed the sum of ten thousand dollars, and that they and their successors shall have authority and power to give, poration limited. grant, sell, lease, demise, and dispose of said real and personal estate, or part thereof, at their will and pleasure, and the proceeds, rents, and income shall be devoted exclusively to the charitable and benevolent purposes of the Order of Knights of Pythias.
Sec. 7. Any corporation formed in pursuance of this act may May erect edifice, erect and own such suitable edifice building, or hall, as to such etcapind create corporation shall seem proper, with convenient rooms for the meet- therefor. ings of the lodges of the Order of Knights of Pythias : and for that purpose may create a capital stock of not more than ten thousand dollars, to be divided into shares of not more than ten dollars each; and any such corporation may take, purchase, hold, and own May own ground such suitable lot or parcel of ground as may be convenient for the purpose of a cemetery, and may make all lawful rules and regula
and personal estate, etc., of corSubject to chapter 130 compiled laws, so far as applicable.
tions for the disposition of lots, and the burial of the dead therein as to such corporation may seem proper: Provided, This act shall not be construed to affect municipal regulations in regard to cemeteries.
SEC. 8. All corporations formed under this act shall be subject to the provisions of chapter one hundred and thirty of the compiled laws of this State, so far as the same may be applicable to corporations formed under this act, and the Legislature may alter or amend this act at any time.
Sec. 9. This act shall take immediate effect.
Notice of sale.
What notice shall contain.
Adjournment of sale.
[No. 18.] AN ACT to define the powers and duties of officers authorized to
sell real estate in pursuance of decrees of courts of equity, and to prescribe the notice to be given in such cases.
SECTION 1. The People of the State of Michigan enuct, That hereafter the circuit court commissioner or other officer authorized by law, or any person duly authorized by an order of the court to sell real estate in pursuance of any decree or final order of a court of equity, shall, previous to such sale, give notice thereof for the same time and in the same manner as is required by law on sales of real estate by sheriffs on execution.
Sec. 2. Every such notice shall also contain the title of the cause, names of the parties, and date of the decree in pursuance of which such sale is to be made.
SEC. 3. The commissioner, or other officer or person authorized to make such sale, shall have power to adjourn the same from time to time for reasonable cause, and, if such adjournment be for more than one week, he shall give notice thereof in the newspaper in which the original notice was printed, and immediately following the same, and shall continue the publication of such notices during the time for which such sale shall be adjourned, but shall not be required to post any notice of such adjourned sale, except at the place where said sale is to be made.
SEC. 4. In case any person making the highest bid upon such sale shall neglect or refuse to make immediate payment of the sum so bid, such officer or person may immediately, or upon some other day to which he may, in his discretion, adjourn such sale, proceed to re-sell such real estate: Provided, That if such adjournment be for a period of one week or more, notices shall be published as provided in section three of this act.
SEC. 5. Any officer or person who shall sell any real estate in pursuance of any such decree or final order of a court of equity, without having given the notices in the manner required by the provisions of this act, shall be liable to the party injured in the sum of one hundred dollars, in addition to such actual damages as he may recover in an action brought therefor.
Penalty for sell. ing without giving ustice.