incomes shall be devoted exclusively to the charitable and benevolent purposes of the high court of the Independent Order of Foresters. Said corporation to have full power to By laws, etc. make and establish rules, regulations and by-laws for regulating and governing all the affairs and 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 or the laws of the supreme court of the Independent Order of Foresters. be evidence, etc. SEC. 4. A copy of the record of such articles of associa- Certified copy to tion, under 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. tute subordinate SEC. 5. Such corporation, when duly formed, shall have Power to instipower to institute and charter subordinate courts of said courts. order within this State, and from time to time to make, ordain, constitute and establish such general laws and bylaws, ordinances and regulations for the government of such subordinate courts not repugnant to the law or to the constitution or regulations of the high court and the supreme court of the Independent Order of Foresters 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 annul the charter granted to such subordinate courts: Provided, That the existing subordinate courts here- Proviso. tofore duly chartered by the high court of Michigan or the supreme court, shall be subject to the control of the said high court under this act as heretofore, and in the same manner and to the same extent as those that may be hereafter instituted and chartered under this act. courts, SEC. 6. Any nine or more persons, residents of this State, Incorporation of being members of any subordinate court, having been duly subordinate chartered by the high court of this State, desirous to become incorporated, may make and execute articles of association Articles of assounder their hands and seal, specifying as provided in article ciation. two of this act, and file a copy of such articles with the To be filed, etc. 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 the persons who 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 incorporation, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, hold, and 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 certified copy to association, under seal of the county where the record is be evidence, etc. Proviso as to property. May erect building, etc. Subject to general law, etc. kept, shall be received as prima facie evidence in all courts in this State of the existence and due incorporation of such incorporation: Provided, That the value of such real and personal estate shall not exceed the sum of two thousand dollars, and that they and their successors shall have authority and 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 Independent Order of Foresters. 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 rooms for the meetings of the courts of the Independent Order of Foresters, 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. SEC. 8. All corporations formed under this act shall be [subjected] 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 and amend this, act at any time. Approved June 16, 1891. Sections repealed. Sections amended. Who may file [ No. 137. ] AN ACT to amend sections two, seven, eight, fifteen and seventeen, of act number two hundred and sixty-two, of the session laws of eighteen hundred and eighty-nine, entitled "An act for the winding up of mining and manufacturing corporations whose charters have expired," and to repeal sections twelve, thirteen and fourteen of said act number two hundred and sixty-two. SECTION 1. The People of the State of Michigan enact, That sections twelve, thirteen, and fourteen of act number two hundred and sixty-two of the session laws of eighteen hundred and eighty-nine, entitled "An act for the winding up of mining and manufacturing corporations whose charters have expired," be and the same are hereby repealed and that sections two, seven, eight, fifteen and seventeen, of said act number two hundred and sixty-two, be and the same are hereby amended so as to read as follows: SEC. 2. Any stockholder of such corporation or the bill in chancery. assignee of such stockholder, or the executor or administrator of such stockholder, or any legatee of such stockholder, or the assignee of such executor, administrator or legatee of such stockholder, or any creditor of such corporation, or any person who may have [any] an equitable interest therein, or any tenant [in] on common of lands in which such corporaation may own an undivided interest, may file a bill in the circuit court in chancery in any county in this State in which any of the real or personal estate of such corporation belongs or may be situated, for the purpose of winding up What bill shall such corporation, which bill shall set forth: set forth. First, The nature of complainant's claim, the date of the Claim, etc. organization of such corporation, its duration, and a copy of its organization if the articles of incorporation of such corporation shall be on file in the office of Secretary of State; Second, A statement of the assets, both real and personal, Statement of either in law or equity, belonging to such corporation so far as is known to said complainant; assets. etc. Third, A statement of the amount of the capital stock of Statement of such corporation if known, the names of the stockholders capital stock, and their [residence] residences as they appear in the last report of the officers of said corporation on file in the office of the Secretary of State, together with the number of shares. belonging to each, and the amount paid upon such shares respectively and the amount remaining due thereon so far as the same may be known to complainant: Provided, That Proviso. if the officers of such corporation shall have never filed a report in the office of the Secretary of State, then the names of the stockholders as they appear upon the articles of association of said corporation filed with the Secretary of State shall [be] set forth, together with the names of the stockholders, as they appear upon the books of said corporation, if the books are accessible to such complainant. If such books are not accessible, the circuit judge shall, upon satisfactory proof thereof, make an order that such proceedings may be had against the stockholders named in the articles of association of such company and upon obtaining such order it shall then be sufficient to state in such bill of complaint the names of the stockholders as they appear in said articles of association; Fourth, A statement of all incumbrances upon any of the statement of inreal or personal property of said corporation, together with cumbrances, etc. all adverse claims upon the title to its real and personal property, with the names of the persons claiming the same, so far as the same may be known to said complainant; Statement of Fifth, A statement of the debts of such corporation, the names and places of residence of all the creditors and the debts, etc. nature of such debt and demand, and the true consideration of such indebtedness so far as the facts are known to the complainant; Sixth, If the parties interested in such proceedings are of parties internumerous or unknown the complainant may state that fact ested, etc. in his bill of complaint and aver therein that the bill is filed in his own behalf and in behalf of all other persons interested therein that may choose to come in and share the expense of such proceedings; Prayer of bill, etc. Publication of order to be suffi Seventh, Such bill shall pray that the affairs of said corporation be wound up and that a trustee of the said corporation be appointed and may contain any other appropriate prayer for relief and process. SEC. 7. Notice of the contents of such order shall be cient notice, etc. published once in each week, for three weeks successively, in such newspaper published in the county where such proceedings are commenced as the court, or the judge thereof, may direct, and in case there shall be no newspaper published in said county, then in that case in such newspaper published in an adjoining county, as the court or the judge thereof may direct, and upon filing of due proof of the publication of said order, as herein directed, it shall be deemed sufficient service upon the defendant corporation whose affairs it is proposed to wind up, and due notice to all persons not named as parties to the proceeding the same as if they had been served with the usual process in said cause to appear therein. To whom subpœnas shall issue, etc. Appointment of trustee, etc. Hearing of petition, etc. Appointment and duties of trustee, etc. Publication of notice, etc. SEC. 8. Upon the filing of said bill a subpoena shall issue to all persons who are made defendants by name in said bill requiring them to appear in said cause, in the same manner as in ordinary proceedings in chancery cases, when bill is filed against defendants in such court, and all subsequent proceedings in such suit, including the service of the subpoena upon all persons who are made defendants by name in said bill shall be taken in said cause according to the rules and practice in chancery cases, and the court or judge thereof at chambers shall have power pending such litigation to appoint a trustee with the usual powers of receivers in chancery to take charge of the property of said corporation. Upon application for the appointment of a trustee pendente lite, an order to show cause why one should not be appointed, shall be made by the court, or the judge thereof at chambers, which order shall be published in the same manner as the notice provided for in section seven of this act, and shall have the same effect as the publication therein provided for. SEC. 15. If it shall satisfactorily appear to said court, upon the hearing of said cause, and the corporate existence of said corporation mentioned in said bill has expired, and that the complainant is legally or equitably entitled to a share in said assets of said corporation and the relief sought, the court shall by its decree direct the winding up of said corporation, and shall appoint some suitable person as trustee of such corporation, who, upon accepting such trust, and before entering upon the performance of his duties as such trustee, shall give such security as the court shall direct for the faithful discharge of his duties as such trustee and for the due accounting of all moneys and effects that may come into his hands as such trustee. SEC. 17. That said notice mentioned in the last preceding section shall be published once in each week, for three weeks successively, in a newspaper published in the county This act is ordered to take immediate effect. [ No. 138. ] AN ACT providing for the payment by the State of boun- · ties offered to soldiers and sailors under the call of the President of the United States of February first, one thousand eight hundred and sixty-four, and remaining due to them and their heirs. to be paid, etc. SECTION 1. The People of the State of Michigan enact, To whom bounty That there shall be paid to each enlisted man who enlisted and was mustered into the military or naval service of the United States during the late war of the rebellion, under the call of the President of the United States bearing date February first, one thousand eight hundred and sixty-four, and who served in a Michigan regiment, company or battery, or who served in any organization from any other State, and who was credited to this State, or to any county, township, city or village, or military sub-district therein, under offers of bounties made by virtue of acts passed by the Legislature of Michigan, such sum or sums as may remain due to such soldier or sailor under said offer of bounties, and in case of Payment to heirs, his death, then to his widow, or in case of her death or remarriage, then to the surviving children of such soldier or sailor; or in case neither widow nor child survive him, then to his father or mother in the order named. etc. master General SEC. 2. It shall be the duty of the quartermaster general Duty of Quarterand adjutant general upon application being made to them and Adj. Gen. by any such soldier or sailor, or his widow, or in case of her death or remarriage, the surviving children of such soldier or sailor, his father or mother, as aforesaid, for the payment of such bounty, to ascertain upon proper and sufficient proofs, Proofs to be to be made in such manner and under such rules and regulations as shall be prescribed by the board of State auditors: First, Whether the applicant is a soldier or sailor, or the legal representative of a soldier or sailor, who is entitled to the bounty under the provisions of this act; Second, The amount of bounty, if any, heretofore paid to such soldier or sailor by this State. made. cate, etc. SEC. 3. If it shall appear that said applicant is entitled To issue certifi to the sum claimed or any part thereof, they, the said quartermaster general and adjutant general, shall make the necessary certificate showing the amount so due, which certificate together with the proofs and copies of the records |