[ No. 50. ] AN ACT to amend section five of act number one hundred thirty-five of the session laws of eighteen hundred sixtyseven, entitled "An act for the incorporation of industrial and other charitable schools, approved June twentyseventh, eighteen hundred sixty-seven, the same being section four thousand six hundred and two of Howell's annotated statutes of Michigan, as amended by act number eighty-two of the public acts of eighteen hundred eighty-one. amended. SECTION 1. The People of the State of Michigan enact, Section That section five of act one hundred thirty-five of the session laws of eighteen hundred sixty-seven, entitled "An act for the incorporation of industrial and other charitable schools," approved June twenty-seventh, eighteen hundred sixty-seven, the same being section four thousand six hundred and two of Howell's annotated statutes of Michigan, as amended by act number eighty-two of the public acts of eighteen hundred eighty-one, be and the same is hereby amended so as to read as follows: be taken by gift. SEC. 5. All the funds received by any such corporation How and where shall be used in the first instance, or shall be invested, and funds to be used, the income thereof used, after paying necessary expenses, for the exclusive purpose or purposes set forth in the articles of association; and no portion thereof shall be used for any such purpose or purposes, except within this State, and no portion of the funds of any such corporation shall be used or contributed towards the erection, completion or furnishing of any building not owned or used by such corporation for the exclusive purpose or purposes set forth in its articles of association. Such corporation may take by What amount gift, purchase or devise, property to an amount not exceed of property may ing five hundred thousand dollars, and it shall be lawful to invest the same upon mortgage, or in city, county, State or government securities, but no loan of its funds shall be made to any trustee or officer of such corporation: Pro- Proviso as to vided, That any such corporation may in its articles of which to invest association specify the kind of securities in which its funds. funds shall be invested, and that no part of its funds. shall be invested in any securities other than those named in its articles, or where the securities shall not be specified in its articles of association, then such funds shall only be invested in such securities as are specified in this act: Provided further, That all the property of such corporation in excess of the value of one hundred thousand dollars shall be subject to taxation for all purposes, as other property, real or personal, is assessed and taxed under the laws of this State. Approved March 29, 1895. securities in Section amended. Executors, etc., must turn over order from [ No. 51. ] AN ACT to amend section one of act number two hundred and eight of the session laws of the year eighteen hundred eighty-nine, entitled "An act to define and punish the offense of embezzlement by general or special administrators, executors or guardians," the same being compiler's section nine thousand one hundred ninetyone a of the third volume of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, That section one of act number two hundred and eight of the session laws of eighteen hundred eighty-nine, entitled "An act to define and punish the offense of embezzlement by general or special administrators, executors or guardians, be and the same is hereby amended so as to read as follows: SECTION 1. That if any general or special administrator property within or any executor or guardian, who has been appointed by 60 days after a judge of probate and who has collected any goods, chatjudge of probate. tels, money or effects of the deceased or ward, and willfully appropriated the same to his own use and who has been ordered by the judge of probate, forthwith to deliver to his successor in trust, ward or any person lawfully entitled thereto, all the goods, chattels, money or effects of the deceased or ward in his hands, shall willfully omit, neglect or refuse for sixty days to obey said orders, be shall be deemed to have committed the crime of embezzlement and shall upon conviction thereof, be imprisoned in the State Prison for not more than five years, or by fine not exceeding two thousand dollars, or imprisonment in the county jail not more than one year: Provided, That in case such order shall be appealed from, said period of sixty days shall be reckoned from the affirmance of the order in the circuit or supreme court. Approved March 26, 1895. Repealing clause. [ No. 52. ] AN ACT to repeal act number thirty-two of the public acts of Michigan of eighteen hundred ninety-one, entitled "An act requiring certain of the regular terms of the circuit court for the county of Iosco to be hereafter held within the city of Au Sable.' SECTION 1. The People of the State of Michigan enact, That act number thirty-two of the public acts of Michigan of eighteen hundred ninety-one, entitled "An act requiring certain of the regular terms of the circuit court for the county of Iosco to be hereafter held within the [ No. 53. ] AN ACT to amend section thirteen of chapter one hundred and eighty-three of the compiled laws of eighteen hundred and seventy-one, being compiler's section seven thousand three hundred and two of Howell's annotated statutes, relative to the commencement of suits; of process, and the service and return of original writs. amended, SECTION 1. The People of the State of Michigan enact, Section That section thirteen of chapter one hundred and eightythree of the compiled laws of eighteen hundred and seventyone, being compiler's section seven thousand three hundred and two of Howell's annotated statutes, relative to the commencement of suits; of process, and the service and return of original writs, be and the same is hereby amended so as to read as follows: capias may issue SEC. 13. Personal actions arising upon contract, express In what case or implied, may be commenced by capias ad respondendum on amidavit. only to recover damages for any breach of promise to marry, or for moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment, or in case of fraud or breach of trust, when the plaintiff, or some one in his behalf, shall make and attach to such writ an affidavit, stating therein that the plaintiff has a claim for damages against the defendant for the cause of action stated in the writ, and upon which he believes that the plaintiff is entitled to recover a certain sum, being more than one hundred dollars. Approved March 29, 1895. [No. 54. ] AN ACT fixing the name of the asylum for the insane located at Newberry in the upper peninsula of Michigan. SECTION 1. The People of the State of Michigan enact, Name of upper That the asylum for the insane located at Newberry, in the lum for insane, upper peninsula of Michigan, under the provisions of act number two hundred and ten of the laws of eighteen hundred and ninety-three, shall be known, when organized, as the Upper Peninsula Hospital for the Insane; and as such shall be subject to act number one hundred and thirty-five This act is ordered to take immediate effect. Act incorpo rating Loyal Orange Institu [ No. 55. ] AN ACT to provide for the incorporation of the grand, district and subordinate lodges of the Loyal Orange Institution of the State of Michigan. SECTION 1. The People of the State of Michigan enact, That the grand, district and subordinate lodges of the tion of Michigan. Loyal Orange Institution of the State of Michigan, may be incorporated in pursuance of the provisions of this act. Number required to incorporate grand ledge, Articles of association, Names, residence. Corporate name of association. Object and purpose of. Articles of assoclation to be filed with Secretary of State, To be a body politic. SEC. 2. The five principal officers, or in lieu thereof any five or more persons, residents of this State, being members of the grand lodge of the Loyal Orange Institution of the State of Michigan, duly chartered as such by the Supreme Grand Orange Lodge of the United States, desiring to become incorporated, may make and execute articles of association, under their hands and seal, which said articles of association shall be acknowledged before some officer of the State having authority to take acknowledgment of deeds, and shall set forth: First, The names of 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 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 Loyal Orange Institution, and the period for which it is incorporated, not exceeding thirty years. SEC. 3. A copy of said articles of association, together with a 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 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, take, receive, hold and enjoy to them estate to certain and their successors, estates real and personal, of suing and being sued, and they and their successors may have a common seal, which may be changed and altered at their pleasure, provided that the value of such real and personal May hold real amount. estate shall not exceed the sum of one hundred 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 such charitable and benevolent purposes of the Loyal Orange Institution as shall best promote the welfare and the membership and the interests of the society, but such real and personal estate Property to be shall be subject to taxation for all purposes. Said corpo- ation. ration shall have the full power and authority to make and establish rules and regulations for the governing of all the affairs and business of said corporation, according to the laws of this State, and the United States, and to designate, elect or appoint from its members such officers, under omcers. such name and style, as shall be in accordance with the constitution of the grand lodge. subject to tax prima facie evi courts of this SEC. 4. A copy of the record of such articles of asso- Articles of association, under the seal of the State, duly certified accord- clation to be ing to law, shall be received as prima facie evidence in dence in all all courts of this State, of the existence and due incorpo- state. ration of such corporation. Such corporation, when duly formed, shall have power to institute and charter district and subordinate lodges within this State, and from time to time, to make, ordain, constitute and establish such constitution, general laws and by-laws, ordinances and regulations, as the grand lodge shall judge proper for the regulation and government of such district and subordinate lodges, not repugnant to the laws of this State: Provided, Proviso. That the existing district and subordinate lodges heretofore duly chartered by the supreme grand lodge of the United States, approved by the State grand lodge, shall be subject to the control of said State grand lodge 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. quired to lodges. SEC. 5. The five principal officers, or in lieu thereof Number reany five or more persons, resident of this State, being incorporate members of a district or subordinate lodge of the Loyal subordinate Orange Institution, having been duly chartered by the supreme grand lodge of the United States and approved by the grand lodge of this State, desirous to become incorporated, may make and execute articles of association, specifying as provided in section two of this act, and file a Articles of assocopy of the same with the clerk of the county in which clation to be such corporation shall be formed, which shall be recorded clerk." by such clerk in a book to be kept in his office for that purpose; and thereupon the persons who shall have signed said articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed To be a body in such articles of association, and by the name they and politic. their successors shall have succession and shall be persons in the law capable to purchase, hold, enjoy, grant, sell, filed with county |