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'An act to amend section eighteen hundred and thirteen, being section fifteen of chapter sixty-three of the compiled laws,' approved February five, eighteen hundred and fifty-nine," approved April seventeen, eighteen hundred and seventy-one; "An act to provide for the alteration or amendment of the articles of association of companies organized under chapter ninety-five of the compiled laws of eighteen hundred and seventy-one, and to repeal An act to authorize manufacturing companies to amend their articles of association,' approved February five, eighteen hundred and sixty-four," approved February twenty-five, eighteen hundred and seventy-three; and an act entitled "An act to amend sections six, fifteen, and twenty-three of an act entitled 'An act to authorize the formation of corporations for mining, smelting or manufacturing iron, copper, mineral coal, silver, or other ores or minerals, and for other manufacturing purposes,' approved February five, eighteen hundred and fifty-three, being sections two thousand eight hundred and forty-one, two thousand eight hundred and fifty, and two thousand eight hundred and fifty-eight of the compiled laws of eighteen hundred and seventy-one," approved April sixteen, eighteen hundred and seventyfive, and all other acts and parts of acts contravening any of the provisions of this act, are hereby repealed; but the repeal of the foregoing acts shall not dissolve any corporation formed or existing under them, and all corporations of the nature of the corporations authorized to be organized under this act, now organized and existing under said several acts in this section mentioned, or either of them, shall be deemed and taken to be organizations under this act, and all rights, obligations, and liabilities contracted, acquired, or incurred by any of such last mentioned corporations thereunder, or under the provisions of any law now in force, not inconsistent with the provisions of this act, shall continue of the same force and effect as though such acts or laws had not been repealed; and all such Existing corpo. Corporations, from and after the taking effect of this act, shall be provisions of this subject to all the provisions hereof, as fully as though such organization had been perfected hereunder, and such corporations may continue to carry on the business specified in their articles of association under the provisions of this act as lawfully as if said acts mentioned in this section were not repealed; but no corporation shall hereafter be formed hereunder except for the purposes specified Act not to affect in section one of this act: Provided, That nothing in this act contained shall be construed as in anywise affecting any other corporation whatever, organized under the several above named acts, for purposes other than those mentioned in section one of this act, but as to all such corporations the said several acts shall remain in full force.

Repeal of acts not to dissolve corporations formed under them.

rations subject to

act.

other corpora.

tions.

SEC. 45. This act shall take immediate effect.
Approved May 11, 1877.

[No. 114.]

AN ACT to provide for the preparation and publication of an index to the General Laws passed at the sessions of the Legislature for the years eighteen hundred and seventy-two, eighteen hundred and seventy-three, eighteen hundred and seventy-four, eighteen hundred and seventy-five, and eighteen hundred and seventyseven, and at stated periods thereafter.

laws passed since

SECTION 1. The People of the State of Michigan enact, That Index to general the officer or officers entrusted with the preparation for publication 1871. of the session laws of eighteen hundred and seventy-seven shall prepare and cause to be published with the same a full and complete index of all the general laws enacted by the Legislature during the years eighteen hundred and seventy-two, eighteen hundred and seventy-three, eighteen hundred and seventy-four, eighteen hundred and seventy-five, and eighteen hundred and seventy-seven; such index to give briefly subject matter of law, reference to year, page of session law, and to section of compiled laws altered, amended, or repealed, so arranged as to secure easy reference to compiled laws, and any changes made in same by alteration, amendment, or repeal.

lished with laws

SEC. 2. An index like that provided for in section one of this act Index to be pubshall hereafter be prepared and published with the session laws of of each succeedeach succeeding Legislature, giving as above provided, by reference ing legislature. to subject matter, chapter and section of compiled laws, all changes, alterations, amendments, and repeals from the date of such compiled laws to the date of such index, until there shall be another general revision or compilation of the general laws of the State.

SEC. 3. The compensation for the preparation of the indexes Compensation. above provided for shall be such as shall be allowed by the Board of State Auditors, on presentation of bills for the same, itemized and verified as said Board of State Auditors shall from time to time require.

SEC. 4. This act shall take immediate effect.
Approved May 12, 1877.

[No. 115.]

AN ACT to amend section fourteen of chapter two hundred and eighteen of the compiled laws of eighteen hundred and seventyone, being section six thousand nine hundred and twenty-five of said compiled laws, relative to foreclosure by advertisement.

SECTION 1. The People of the State of Michigan enact, That Section section fourteen of chapter two hundred and eighteen of the com- amended. piled laws of eighteen hundred and seventy-one, being section six thousand nine hundred and twenty-five of said compiled laws, relative to foreclosure by advertisement, be and the same hereby is so amended as to read as follows:

Payment of sur

gor, etc.

(6925.) SEC. 14. If after any sale of real estate, made as herein plus to mortga- prescribed, there shall remain in the hands of the officer or other person making the sale, any surplus money after satisfying the mortgage on which such real estate was sold, and payment of the costs and expenses of such foreclosure and sale, the surplus shall be paid over by such officer or other person on demand, to the mortgagor, his legal representatives or assigns, unless at the time of To registers in such sale, or before such surplus shall be so paid over, some claimant chancery for claimants other or claimants, shall file with such person so making such sale, a than mortgagor. claim or claims, in writing, duly verified by the oath of such claimant, his agent or attorney, that such claimant has a subsequent mortgage or lien encumbering such real estate, or some part thereof, and stating the amount thereof unpaid, setting forth the facts and nature of the same, in which case the person so making such sale, shall forthwith upon receiving such claim, pay such surplus to, and file such written claim with the register of the circuit court in chancery of the county in which such sale is so made; and thereupon any person or persons interested in such surplus, may apply to said court for an order referring it to a circuit court commissioner of said county, to take proofs of the facts and circumstances contained in such claim or claims so filed, and such commissioner shall, upon receiving such order, summon such claimant or claimants, party or parties interested in such surplus, to appear before him at a time and place to be by him named, and attend the taking such proof, and such claimant or claimants or party interested who shall appear as aforesaid, may examine witnesses and produce such proof as they or either of them may see fit, and the said commissioner shall, after such proofs are closed, at his earliest convenience report the same to said court with his opinion thereon, Order directing and said court shall thereupon make an order in the premises directing the disposition of said surplus moneys or payment thereof in accordance with the rights of such claimant, claimants or persons interested.

Application for order to take proof before a circuit court commissioner.

payment.

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Approved May 12, 1877.

Section amended.

[No. 116.]

AN ACT to amend section fifty of an act to revise and consolidate the laws relative to the State Prison, being act number two hundred and thirteen of the session laws of eighteen hundred and seventy-five, approved May third, eighteen hundred and seventyfive.

SECTION 1. The People of the State of Michigan enact, That section fifty of act number two hundred and thirteen of the session laws of eighteen hundred and seventy-five, approved May three, eighteen hundred and seventy-five, be and the same is hereby amended so as to read as follows:

managers of

Correction.

convicts.

SEC. 50. The inspectors of the State Prison and the managers General board of of the State House of Correction and Reformatory shall together State Prison and constitute a general Board, and shall meet together semi-annually State House of alternately at such Prison and House of Correction; and it shall be their duty acting in conjunction to ascertain the number of per- Power to transfer sons confined in each institution, their conduct, and so far as possible, their offenses and character; and if it shall appear that either the State Prison or the State House of Correction and Reformatory has or is likely to have more convicts than there are cells therein, or that there is a greater number of convicts in either one than can be well accommodated therein, or that such convicts where they are cannot be employed profitably by the State, or whenever in the judgment of the Boards so acting jointly, the interests of the State, or the health or improvement of the convicts or any of them demand it, or where it is otherwise material, or in furtherance of justice, the said Board, constituted as above stated, shall have and are hereby invested with power to transfer persons convicted of crime from one institution to the other and may by warrant directed to the warden of the institution from which it is deemed desirable to remove any such person, direct him to forthwith transport such convicts to the other institution, designating them by name, and the warden to whom such warrant is directed, shall at once cause the persons so named to be removed, to be safely and securely transported to the institution to which they are to be sent, and shall deliver convicts with the certified copy of their sentence to the warden of the institution to which they shall be sent: Pro- Proviso-order vided, That the judge of any court in pronouncing sentence, here- of judge upon after, upon an adjudged criminal, shall order his confinement in sentence. the State Prison at Jackson, or the House of Correction at Ionia, with provision that the general board of managers of said State Prison and House of Correction shall have power to transfer such adjudged criminal from one of said institutions to the other: Pro- Proviso-certain vided further, That no person shall be transferred from the State persons not to be Prison to the State House of Correction and Reformatory, who are undergoing sentence for life, or who are more than twenty-five years old, or who are known to have been previously convicted of grave offenses; and the warden of the institution to which such transferred [convict] shall be sent, shall receive and keep them according to their sentences, as if they had been originally committed

pronouncing

transferred.

to such institution. The members of the said Board shall elect at Chairman of their first meeting a chairman, to hold his office during the pleasure board. of the Board, and the clerk of the institution at which such meeting is held shall be clerk of said Board, and shall enter upon the records of such institution a full statement of their proceedings, and all its transactions touching transfers shall be decided by a vote of at least a majority of each Board. The several mem- Compensation of bers of the said general Board shall be allowed their actual expenses in going to and from the places of meeting, and the sum of three dollars per day for each day necessarily and actually employed in their said duties, to be certified by the secretary of the Board, on

board.

the oath of each member, and paid by the State Treasurer on the warrant of the Auditor General.

Approved May 12, 1877.

Assistant librarian, appropriation for.

[ No. 117. ]

AN ACT to provide for an assistant to the State Librarian, and for the expense of the removal of the State Library to the rooms designed therefor in the new capitol.

SECTION 1. The People of the State of Michigan enact, That the sum of three hundred dollars for the year one thousand eight hundred and seventy-seven and the sum of five hundred dollars for the year one thousand eight hundred and seventy-eight, be and the game is hereby appropriated out of any money in the State Treasury to the credit of the general fund not otherwise appropriated, for the payment of an assistant State Librarian, and that the State LibraAppointment of. rian, with the advice and consent of the Governor, be authorized to appoint such assistant, at a salary of not exceeding three hundred dollars for the balance of the year eighteen hundred and seventyseven, and of not exceeding five hundred dollars for the year eighteen hundred and seventy-eight. Such salary payable monthly.

Appropriation for removal of State library.

How drawn

and expended.

Sections

amended.

SEC. 2. That there be appropriated in like manner for the year one thousand eight hundred and seventy-eight the sum of three hundred dollars, or so much thereof as may be necessary, for the expense of removal of the State Library to the rooms designed therefor in the new capitol building, to be certified by the State Librarian and audited by the State Board of Auditors.

SEC. 3. The money so appropriated shall be drawn from the State
Treasury upon the warrant of the Auditor General, and shall be
expended by the State Librarian, with the advice and consent of the
Governor, for the purpose aforesaid.

SEC. 4. This act shall take immediate effect.
Approved May 12, 1877.

[ No. 118.]

AN ACT to amend sections one, two, three, four, five, eight, and nine of chapter one hundred and forty-six, being compiler's sections four thousand and forty-four, four thousand and fortyfive, four thousand and forty-six, four thousand and forty-seven, four thousand and forty-eight, four thousand and fifty-two, and four thousand and fifty-three, of the compiled laws of eighteen hundred and seventy-one, relative to the collection of tolls and for the care, charge, and operating of the St. Mary's Falls Ship Canal.

SECTION 1. The People of the State of Michigan enact, That sections one, two, three, four, five, eight, and nine of chapter one

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