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ing the solvency of such company. In all other respects such mutual fire insurance companies shall be subject to all the penalties and provisions of law applicable to stock fire insurance companies of other States, transacting business in this State.

Ordered to take immediate effect.

Approved April 21, 1883.

[ No. 37. ]

AN ACT to incorporate the grand army of the republic, department of Michigan, and subordinate posts of the grand army of the republic.

SECTION 1. The People of the State of Michigan enact, That the Incorporation grand army of the republic, department of Michigan, and subordi- authorized. nate posts of the grand army of the republic of the department of Michigan may be incorporated in pursuance of the provisions of

this act.

executed and

SEC. 2. The commander, senior vice commander, junior vice Articles of assocommander, assistant adjutant general, of the department of Mich- cation, by whom igan, grand army of the republic, may make and execute articles of what to set forth. association under their hands and seals, which articles of association shall be acknowledged before some officer authorized by law to take acknowledgments of deeds, andshall set forth :

First, The names of the officers above mentioned and their places of residence ;

Second, The corporate name by which the association shall be known in law;

Third, The object and purpose of such association, which shall be to promote the general welfare of the order known as the grand army of the republic, and the period for which it is incorporated, which shall not exceed thirty years.

and rules, etc.,

SEC. 3. A copy of said articles of association, together with a copy Copy of articles of the rules and regulations of the grand army of the republic shall of association be filed with the secretary of State, and thereupon the persons who to be filed. shall have signed such articles of association, 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 law capable May acquire and to purchase, take, receive, hold, and enjoy to them, and their suc- hold property. cessors, estates, real and personal; of suing and being sued, and to have a common seal which may be altered or changed at pleasure: Provided, That the value of real and personal estate shall not Proviso. exceed the value 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 to be disposed of as directed by the department at its annual meeting. Said cor

Appeal.

Revocation,

examine witnesses in relation thereto, and if it shall appear that the allegations of such petition are true, and that said testator was of sound mind and memory and full testamentary capacity, such judge shall make decree thereon, and shall cause a copy of such decree to be attached to said will, certified under the seal of said court, decreeing that the testator, at the making of such will and such petition was possessed of sound mind and memory, and full testamentary capacity, and that said will was executed without fear, fraud, importunity, or undue influence, which decree shall have the same effect as if made by said court after the death of the testator on the probate of such will, and such will having been so established shall not be set aside or impeached on the grounds of insanity or want of testamentary capacity on the part of the testator, or that the same was executed through fear, fraud, importunity, or undue influence.

SEC. 5. Appeals shall lie in the same manner as from probate of wills.

SEC. 6. Nothing in this act contained shall be construed to prealteration, etc. vent the revocation of such will, or alteration or other change thereof, as in ordinary wills.

Approved April 11, 1883.

Section amended.

Actions of tres

on the case

may be main

tained in the county where defendant found

[No. 26.]

AN ACT to amend section one, being compiler's section five thousand nine hundred and seventy-six, of chapter one hundred and eighty-nine, of the compiled laws of eighteen hundred and seventy-one, relative to making the actions of trespass and trespass on the case transitory in certain cases.

SECTION 1. The People of the State of Michigan enact, That section one of an act entitled "An act making the actions of trespass and trespass on the case transitory in certain cases," approved March twelve, eighteen hundred and sixty-one, be and is hereby amended to read as follows:

SECTION 1. The People of the State of Michigan enact, That pass and trespass all cases of trespass on lands, and all cases of trespass upon the case for direct or consequential damages on account of injury to personal property, when the defendant is not an actual resident of in certain cases. the county in which such lands are situate, or where such personal property was situated at the time of such injury, or when such county is unorganized at the time of committing such trespass or injury, may be prosecuted and maintained at law in any county where such defendant may be found, as fully and effectually in all respects as if commenced and prosecuted in the county where such trespass or injury to personal property was committed: Provided, That whenever any such cause shall be pending in any circuit court other than in the county where such trespass or such injury was committed, said court may on the application of either the plaintiff or defendant therein, accompanied by an affidavit stating

Proviso.

specifically where such lands are situate or where such personal
property was situated at the time of committing such injury, change
the venue of and certify and remove said cause to the circuit
court of the county where such lands are situate, or where such
personal property was situated at the time of committing of such
injury, and direct the issue to be there tried, and shall make all
necessary rules and orders for the removal of said cause and all
matters relating thereto, and the circuit court to which said cause
shall be so removed shall proceed to hear and determine the same,
and execution may thereupon be had in the same manner as if the
same had been originally prosecuted in said court.
Approved April 18, 1883.

[ No. 27. ]

AN ACT to amend section ten of act number two hundred and forty-three of the session laws of eighteen hundred and seventynine, the same being entitled "An act to amend sections six, eight, and ten of chapter fifteen of the revised statutes of eighteen hundred and forty-six, as amended by act sixty-three of the laws of eighteen hundred and seventy-one, being sections six hundred and twenty, six hundred and twenty-two, and six hundred and twenty-four of the compiled laws of eighteen hundred and seventy-one, concerning removals from office."

amended.

sworn, testimony

SECTION 1. The People of the State of Michigan enact, That Section section ten of act number two hundred and forty-three of the session laws of eighteen hundred and seventy-nine, the same being entitled "An act to amend sections six, eight, and ten of chapter fifteen of the revised statutes of eighteen hundred and forty-six, as amended by act sixty-three of the laws of eighteen hundred and seventy-one, being sections six hundred and twenty, six hundred and twenty-two, and six hundred and twenty-four of the compiled laws of eighteen hundred and seventy-one, concerning removals from office," be and the same is hereby amended so as to read as follows: (624.) SEC. 10. At the time and place therein specified in the Witnesses to be notice the commissioner or judge of probate before whom such reduced to inquiry shall be conducted, shall proceed to take the testimony of writing. the witnesses produced before him by the attorney general or prosecuting attorney, and by the officer accused, which witnesses shall be sworn by such commissioner or judge of probate, and every answer given by them to any question which either party shall require to be reduced to writing, shall be written by or under the direction of such commissioner or judge of probate. Their testimony shall then Testimony to be be read to and subscribed by them, and shall be certified by the scribed by commissioner or judge of probate taking the same, and when all witnesses, etc. the evidence shall have been taken, the commissioner or judge of Review, sumprobate shall briefly review the same, and attach a summary of such opinion of testimony thereto, and give his opinion thereon, and then deliver officer, etc. the testimony, with his summary, review, and opinion attached

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read to and sub

mary, and

By-laws, rules, etc,

Copies of articles of associa

poration shall have full power to make and establish rules and bylaws for regulating and governing all the affairs and business of said corporation, not repugnant to the constitution and laws of this State or 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 rules and regulations of the grand army of the republic.

SEC. 4. A copy of the record of such articles of association under tion as evidence, the seal of the State, duly certified by the secretary of State, shall be received as prima facie evidence in all courts of this State of the existence and due organization of such corporation.

May charter posts, etc.

Subordinate posts of, may become incorporated.

Proviso.

Corporations may erect halls, etc.

Create capital stock.

May acquire cemeteries, etc.

Proviso.

SEC. 5. Such corporation when duly formed shall have power to institute and charter posts of the grand army of the republic within this State, and from time to time issue such orders for the government of posts as are not repugnant to the rules and regula. tions of the grand encampment of the grand army of the republic of the United States.

SEC. 6. At any time when a subordinate post of the grand army of the republic shall by a two-thirds vote of the members present, at any regular meeting of said post, resolve to become incorporated, the commander, senior vice commander, junior vice commander, and adjutant of such post, may make and execute articles of association under their hands and seals, specifying as provided in section two of this act, and file a copy of the resolutions passed at a regular meeting of the post, 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 thereupon such post of the grand army of the republic, the officers thereof, 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 law with the same powers, duties, and liabilities as the grand army of the republic, department of Michigan, have under section three of this act: Provided, That a certified copy of the record of such articles of association, under the seal of the circuit court of the county where such record is recorded, shall be received as prima facie evidence in all the courts in this State of the existence and due organization of such corporation.

SEC. 7. Any corporation formed in pursuance of this act, may erect and own such suitable edifice, building, or hall, as to such corporation shall seem proper, with convenient means for meeting; 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 suitable lots or parcels of ground as may be convenient for the purpose of a cemetery, and make all lawful rules and regulations 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 any municipal regulations in regard to cemeteries.

SEC. 8. All corporations formed under this act shall be subject to

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[No. 29.]

AN ACT to repeal an act entitled "An act to provide for the incorporation of savings association" [associations], approved April third, eighteen hundred and sixty-nine, and to continue savings associations existing under said act.

SECTION 1. The People of the State of Michigan enact, That the Act repealed. act entitled "An act to provide for the incorporation of savings associations," approved April third, eighteen hundred and sixtynine, together with all acts amendatory thereof be and the same are hereby repealed, saving all rights acquired and liabilities incurred by any corporation organized and doing business under said act.

tinue to exist,

SEC. 2. All savings associations organized as corporations under Savings associa tions organized the act hereby repealed shall continue to exist as corporations, and under act shall have all the rights, powers, and privileges, and be subject to repealed conall the duties, burdens, and disabilities contained in the act entitled etc. "An act to amend the general banking law entitled 'An act to authorize the business of banking,' approved February sixteenth, eighteen hundred and fifty-seven, and the acts amendatory thereto, so as to provide for the organization of savings banks," approved March thirty-first, eighteen hundred and seventy-one, being act number seventy-four, of the laws of eighteen hundred and seventy-one, as the same has been or may be hereafter amended: Provided, That Proviso. no bank organized and doing business under said act of April three, eighteen hundred and sixty-nine, shall be required to increase, diminish, or in any manner change the amount of its capital or capital stock, but every such bank shall be authorized after the passage of this act to continue its business as heretofore upon the same capital or capital stock with which it has heretofore legally carried on business, notwithstanding anything herein or in the said acts of February sixteenth, eighteen hundred and fifty-seven, and of March thirty-first, eighteen hundred and seventy-one contained; except that all savings banks organized and doing business under the said act of April three, eighteen hundred and sixty nine, or any other law of this State, shall be required to report to the State treasurer as provided in section sixty-seven of chapter seventytwo of the compiled laws of eighteen hundred and seventy-one. Approved April 18, 1883.

[ No. 30.]

AN ACT making appropriations for the current expenses and for buildings, etc., for the Michigan school for the blind for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four.

1884.

SECTION 1. The People of the State of Michigan enact, That there Appropriation be and hereby is appropriated from the general fund the sum of for 1883 and twenty-three thousand dollars to meet the current expenses of the Michigan school for the blind for the year eighteen hundred and

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