« PreviousContinue »
Of proof, etc.
corporations organized for the conduct of business of any kind under the laws of this State, any one having such an interest in any land owned by such corporation while in existence, and which was not aliened by such corporation or divested from it by due process of law, as would entitle him to bring ejectment therefor, or to maintain a suit to quiet title thereto, may bring an action of ejectment for the recovery of the same, or file a bill in equity to quiet title thereto, in the county or counties where such land lies. The declaration shall be against such corporation by its corporate name and against any occupant or occupants of such land as defendants, and the bill shall be against such corporation by its corporate name as defendant, and shall recite that the term of existence of the corporation defendant has expired; and the plaintiff or complainant, on filing such declaration and entering a rule to plead, or on filing such bill, as the case may be, may, on proof by affidavit made by himself or some one on his behalf, filed with the clerk of the court, setting forth the name of such corporation while in existence, the purpose of its organization, the statute of this State under which it was organized, and that its term of existence and the time in addition thereto during
which it might by law be permitted to sue or be sued has Order of court, expired, have an order from the court in which the action
or suit is brought, or from the judge thereof, for the appearance of such corporation defendant at some future
day not less than three nor more than six months from To be published. the date thereof. Such order shall be published within
twenty days from the date thereof once a week for six successive weeks in some newspaper published in such county, if one be published therein, and if not, in some other newspaper in an adjoining county, the newspaper to be designated in either case in the order. Thereupon and after the expiration of the time designated in such order for the appearance of the corporation defendant, if there shall be no appearance of any person or persons entitled to appear therein as hereinafter mentioned, the default of such defendant for want of plea may be entered, or, as the case may be,
an order entered taking the bill as confessed against such Who may defend defendant. Within the time fixed by such order, any person
or persons who were stockholders of such corporation while it subsisted, and who still retain their rights in the property in question by virtue of having owned stock therein, and any creditor or creditors of such corporation whose claims are subsisting and not barred by limitation of time, may appear and defend such action or suit as fully as such corporation could have done while subsisting: Provided, That all persons so appearing shall, before being admitted to plead to the declaration or bill of complaint, show to the
satisfaction of the court or judge, by affidavit, their right to Further proviso, appear: And provided further, That such right may be
drawn in question by the plaintiff or complainant on the
When bill may be taken as confessed.
trial or hearing of the cause, notwithstanding such previous showing. All persons so appearing shall plead together and in the name of the corporation. Such publication shall be full and complete service upon such corporation and upon all persons, natural or artificial, interested in said land because of having been stockholders in the corporation while subsisting, or creditors thereof. All persons so appearing and defending or seeking to defend shall be liable for costs in the action or suit as fully as such corporation would be if defending, and judgment or decree for costs may be had against them.
SEC. 2. The verdict and judgment in such ejectment and the Of verdict, etc. decree in such suit shall be against the corporation in the corporate name and shall be binding upon it and upon all persons claiming said land by virtue of their stock in or demands upon the same, and shall be conclusive against such corporation and such persons, subject only to such exceptions as are or may be provided by general statute in other cases of ejectment or of suit to quiet title. Any or judgment. judgment or decree in favor of the defendant corporation shall enure to the benefit of the persons entitled to the property in dispute. The plaintiff in such ejectment shall shall not be for have judgment against such corporation defendant neither etc. for money damages of any kind nor for costs of suit subject to the discretion of the court, nor shall he be entitled to file against it a suggestion of damages in continuation of such judgment; and the complainant shall have a decree against such corporation only for a release to the complainant of all claim to the land in dispute.
Approved May 29, 1891.
[ No. 114. ] AN ACT making appropriations for the current expenses of
the State Normal School for the years one thousand eight hundred and ninety-one and one thousand eight hundred and ninety-two.
SECTION 1. The People of the State of Michigan enact, Appropriation. That the State Treasurer shall transfer from the general fund to the Normal School interest fund the sum of fortyfive thousand two hundred and sixty dollars for the year one thousand eight hundred and ninety-one and the sum of forty-six thousand two hundred and sixty dollars for the year one thousand eight hundred and ninety-two, which sums are hereby appropriated for the current expenses of the State Normal School for the years above named, and shall be drawn from the treasury on the presentation of properly certified requisitions of the State Board of Education to the Auditor General, and on his warrant to the State
Treasurer: Provided, That the sum of fifteen hundred dollars of said amount shall be used annually for the Normal School library, and for no other purpose.
SEC. 2. The Auditor General shall incorporate in the State tax for the year one thousand eight hundred and ninety-one the sum of forty-five thousand two hundred and sixty dollars, and in the State tax for the year one thousand eight hundred and ninety-two the sum of forty-six thousand two hundred and sixty dollars, which tax when collected shall be credited to the general fund to reimburse the same for the sums to be drawn therefrom, as provided in section one of this act.
This act is ordered to take immediate effect.
light works, etc.
Power of council, trustees, etc.
[ No. 115. ] AN ACT conferring upon cities and villages in this State
the power to construct, acquire by purchase, operate and maintain works for the purpose of supplying such cities and villages and the inhabitants thereof with gas, electric
and other lights. Authority to ac- SECTION 1. The People of the State of Michigan enact, quire gas, elec- That it shall be lawful for any city or incorporated village
in this State to acquire by purchase, or to construct, operate and maintain works for the purpose of supplying such city or village and the inhabitants thereof with gas, electric and other lights, at such times and on such terms, and conditions as the common council of any such city or the board of trustees of any such village shall direct.
SEC. 2. Whenever the common council of any city or the board of trustees of any village shall, by resolution, declare that it is expedient for such city or village to acquire by purchase or to construct, as the case may be, works for the purpose of supplying such city or village and the inhabitants thereof with gas, electric or other lights, then such common council or board of trustees shall have power to take such action as shall be deemed expedient to accomplish such purpose: Provided, Such action shall be governed by the provisions of act number five of the session laws of one thousand eight hundred and seventy, approved August fourth, one thousand eight hundred and seventy, as amended, entitled "An act to authorize the introduction of water into and the construction or purchase of hydraulic works in the cities and villages in the State of Michigan," being sections three thousand ninety to three thousand one hundred nine of Howell's Annotated Statutes, and all the provisions of that act so far as the same shall be material shall apply to and have full force and opera
to call special
tion in the cases of cities and villages desiring to have the benefit of this act, in the same manner and to the
same effect as in the case of cities and villages proposing to purchase or construct works for the purpose of supplying such city or village or the inhabitants thereof with water.
SEC. 3. Whenever one hundred or more of the qualified when council electors of any city or village in this State shall petition election, etc. the common council of such city or the board of trustees of such village to submit to the electors thereof the question of whether or not said city or village shall avail itself of the provisions of this act, it shall be the duty of such common council or board of trustees, as the case may be, to submit such question to the electors of such city or village at the next regular election therein; and in case a two-thirds' vote of the electors voting at such election shall vote in favor of such city or village availing itself of the provisions of this act, it shall thereupon become the duty of the common council of such city or the board of trustees of such village to take such action as shall be necessary to carry such resolution into effect, in the same manner and with the same effect as if such common council or board
trustees had, by resolution, declared the same to be expedient, as provided for in section two of this act.
Approved June 1, 1891. ,
[ No. 116. ]
AN ACT to amend sections two and three of act number
thirty-nine of the session laws of one thousand eight hundred and eighty-five, entitled “An act to regulate the employment of children, young persons and women in certain cases,” being compiler's sections 19976' and 19976”, Howell's Annotated Statutes.
SECTION 1. The People of the State of Michigan enact, Sections That sections two and three of act number thirty-nine of
amended. the session laws of one thousand eight hundred and eightyfive, entitled "An act to regulate the employment of children, young persons and women in certain cases,” being compiler's sections 19976 and 19976% of Howell's Annotated Statutes, be and the same are hereby amended so as to read as follows:
SEC. 2. No child under the age of fourteen years shall be Under 14 years employed by any person to labor in any business, or shall be licensed or granted permit by the mayor of any city or the president of any village in this State, or by any other officer authorized by law, to issue licenses or permits, to carry on the business of peddling papers or blacking boots unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in such branches as are usually
attendance at school required.
taught in primary schools, at least four months of the twelve months next preceding the month in which said child shall be so employed, licensed or granted permit as aforesaid, except in districts in which only three months of school are taught by a qualified teacher: Provided, that a certificate of such attendance from the superintendent or principal of the school, or director of the school district in which such child shall have so attended school, shall be evidence of a compliance with the provisions of this section
if acted upon by the employer or officer in good faith. If False certificate. such superintendent, principal or director shall knowingly
make a false certificate, he shall be deemed guilty of a violation of this act and shall be liable to the punishment
hereinafter provided. Disposition of SEC. 3. Certificates given under the previous section,
shall first be deposited with the employer, or with the mayor, president or other officer granting license or permit, at the time of employing, licensing or granting of permit to any such child and shall be kept by him on file in his office, and shall at all times, be subject to inspection by the persons authorized to make inspections under this act.
Approved June 1, 1891.
[ No. 117. ]
Amount and purpose of.
AN ACT making an appropriation for the use of the Michi
gan Asylum for Insane Criminals. SECTION 1. The People of the State of Michigan enact, That there be and is hereby appropriated from the general fund for the year one thousand eight hundred and ninetyone the sum of four thousand six hundred and thirty-three dollars, to be expended for the following purposes: Five hundred dollars for improving grounds; five hundred dollars for fencing farm; one hundred and fifty dollars for fruit trees, vines, etc.; six hundred dollars for tool sheds, root cellar and other out-buildings; two hundred dollars for the purchase of cows; eight hundred dollars for general repairs: two hundred and fifty dollars for one oven; three hundred dollars for additional water supply; eight hundred dollars for the purchase of twenty-seven acres of land adjoining asylum farm; loss on wagon house and feed house totally destroyed, and damage to hog-pen partially destroyed, one hundred and seventy-five dollars; two hundred feet of pipe hose sixtyseven dollars; two hundred feet of garden hose twenty-six dollars; two lawn mowers fifteen dollars; one steel plow eighteen dollars; one cultivator seven dollars; shovels, axe, block and tackle, rakes, etc., estimated, fifteen dollars; one hose cart, thirty dollars; sixteen hogs eighty dollars; two cisterns one hundred dollars.