damages. SEC. 41. In any action prosecuted on such bond given by Mitigation of either party in action of replevin for the deliverance of any property the defendant may show, in mitigation of the damages, that the obligee in such bond had only a lien upon it, or special property, or part ownership in said property at the time of commencement of suit in replevin, and that the defendants, or either of them, had at the same time a part ownership or other valuable interest in said property; and if such lien, special property, part ownership, or other interest of said obligee, with interest thereon, amount to less than the value of the property replevied, a corresponding reduction shall be made from such value. Approved June 15, 1899. [No. 247.] AN ACT to amend section six of chapter eighty-three of the Revised Statutes of eighteen hundred forty-six, as amended by act number twenty-three of the Public Acts of eighteen hundred eighty-three, entitled "Marriage and the Solemnization thereof," the same being compiler's section number eight thousand five hundred ninety-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. That section six of chapter eighty-three of the Section revised statutes of eighteen hundred forty-six, as amended by act number twenty-three of the public acts of eighteen hundred eighty-three, the same being compiler's section number eight thousand five hundred ninety-three of the compiled laws of eighteen hundred ninety-seven, be amended so as to read as follows: of contracting declared valid. SEC. 6. No insane person, idiot, or person who has been Who incapable afflicted with syphilis or gonorrhoea and has not been cured marriage. of the same, shall be capable of contracting marriage. All Marriages marriages heretofore contracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law for all purposes; and the issues of such marriages shall be deemed and taken as legitimate as to such issue and as to both of the parents. Any person who Violation a has been afflicted with syphilis or gonorrhoea and has not been cured of the same, who shall marry shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than Penalty. five hundred dollars or more than one thousand dollars, or by imprisonment in the State's prison at Jackson not more than five years, or by both such fine and imprisonment in the misdemeanor. Proviso. Further proviso. discretion of the court: Provided, That in all prosecutions under this act a husband shall be examined as a witness against his wife and a wife shall be examined as a witness against her husband whether such husband or wife consent or not: And provided further, That in all cases arising under this act any physician who has attended or prescribed for any husband or wife for either of the diseases above mentioned shall be compelled to testify to any facts found by him from such attendance. Approved June 15, 1899. Chapter amended. Charges of surveyor may be assessed. [No. 248.] AN ACT to amend chapter fourteen of the Revised Statutes of eighteen hundred forty-six, entitled "Of County officers," the same being chapter eighty-five of the Compiled Laws of eighteen hundred ninety-seven, by adding thereto a new section to stand as section one hundred five a, providing a Lien in favor of County Surveyors on Land benefited by their services. The People of the State of Michigan enact: SECTION 1. That chapter fourteen of the Revised Statutes of eighteen hundred forty-six, entitled "Of county officers,” the same being chapter eighty-five of the compiled laws of eighteen hundred ninety-seven, be amended by adding thereto a new section to stand as section one hundred five a, providing a lien in favor of county surveyors on lands benefited by their official services. SEC. 105a. If any person, after having requested the county surveyor to establish, relocate or perpetuate the corners and lines of land owned by such person, shall refuse or neglect to pay for such services after due performance thereof, such surveyor shall certify the lawful charges for the same and to whom due to the supervisor of the proper township, who shall assess it upon the land so surveyed, to be collected and paid to the county treasurer in the same manner as State and county taxes, and paid by the said county treasurer on the order of the county surveyor. Approved June 15, 1899. [No. 249.] AN ACT Declaring the Solicitation, Teaching, Advocacy, or the Persuasion to Polygamy a Felony. The People of the State of Michigun enact: felony. SECTION 1. Whosoever shall solicit to a polygamous life, Polygamy a or teach polygamy as a correct form of family life, for the purpose of inducing men and women to enter into the practice of polygamy or advocate the doctrine and practice of polygamy, or attempt to persuade any person by private or public discourse to adopt a polygamous life shall be guilty of a felony. SEC. 2. Whosoever shall be found guilty of any form of the Penalty. offense described in the preceding section shall be punished by imprisonment in the State House of Correction and Reformatory at Ionia, or the State House of Correction and branch of the State prison at Marquette, for a term of not less than two years nor more than ten years, within the discretion of the court. Approved June 15, 1899. [No. 250.] AN ACT to provide for the incorporation of associations for the purpose of establishing loan-funds for the benefit of school scholars and students of this State, to assist them to attend the University of Michigan, the State Normal College at Ypsilanti, the Central Michigan Normal School at Mt. Pleasant, the Michigan State Agricultural College at Lansing, the College of Mines at Houghton, or the Manual Training Schools of this State. The People of the State of Michigan enact: may incor SECTION 1. Any five or more persons of full age residing in Number who the State of Michigan may associate and incorporate them- porate. selves together for the purpose of establishing loan-funds for the benefit of school scholars and students of this State, to assist them to attend the University of Michigan, the State Normal College at Ypsilanti, the Central Michigan Normal School at Mt. Pleasant, the Michigan State Agricultural College at Lansing, the Michigan College of Mines, or the Manual Training Schools of this State. articles in SEC. 2. Articles of association shall be executed in dupli- To execute cate, by the persons so associating themselves together in the duplicate. first instance, and shall be acknowledged by them before some person authorized by the laws of this State to take acknowl Where recorded. Body politic. Articles, what to contain. Number of trus tees to manage. fied. edgments of deeds, one of which duplicates shall be filed and recorded in the office of the Secertary of State, and a record shall be made of such articles, and a certified copy thereof filed in the clerk's office in the county where such society is formed. Thereupon the persons so executing said articles, and such other persons as may thereafter, according to the provisions of such articles, become associated with them shall become and be a body politic and corporate, capable of being sued, for the purpose set forth in such articles. SEC. 3. The articles of association shall contain: First, The names and places of residence of the persons associated in the first instance; Second, The name or title by which such association shall be known in law, and the period for which it is incorporated, not exceeding thirty years; Third, The objects for which it was organized; Fourth, The number of its trustees or managers to manage the same, and the names of such trustees or managers for the first year of its existence. SEC. 4. The affairs of such corporation shall be under the general management of not less than five nor more than fifteen trustees, to be chosen by the members thereof, and to hold Term of office. office for such time, not exceeding five years, as shall be provided by the articles of association; and the articles of associaMay be classi- tion may provide for a classification of the trustees so that the terms of office of the several classes shall expire at different times, and for a classification of the members in accordance with their subscriptions to the objects for which the corporation was organized. The regular officers of such corporation shall form a part of such trustees. The officers may be chosen by the trustees or the members of the corporation, as the articles shall prescribe. The by-laws shall be adopted by the trustees, who may change them at pleasure. The ma jority of the trustees shall be a quorum to transact business. The articles of association of any such corporation may be amended at any time by a two-thirds vote of the trustees. Before any such amendment shall take effect, a copy of the resolution, certified by the secretary, shall be filed in the office of the Secretary of State, and in the clerk's office of the county in which the original articles are filed. Officers, how chosen. May adopt bylaws and amend articles. Certified resolution of amendment, where filed. Funds, how used. May take and receive real estate, etc. SEC. 5. All the funds received by any corporation organized under this act shall be used, after paying necessary expenses. for the exclusive purpose or purposes set forth in the articles of association. And no portion of the funds of such corporation shall be used or contributed toward the erection, completion or furnishing of any building not owned or used by such corporation for the purpose or purposes set forth in its articles of association. Such corporation shall in equity and law be capable of taking and receiving real and personal estate, either by purchase, gift, grant, lease, or bargain and sale, devise and bequest, not exceeding twenty-five thousand dollars, in the aggregate, for the purpose of its incorporation, but for no other purpose, and it shall have power to invest the same at pleasure, and to grant, bargain, mortgage, sell or lease the same for the use of said association; and it shall be lawful to invest the same upon mortgage, or in or by loans on notes or bonds, or municipal, county, State or United States securities; or deposit the same in any reliable bank on interest; but no loans shall be made to any trustee or officer of such corporation: Provided, That any such corporation may, in Proviso. its articles of association, specify the kinds of securities in which its 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 when the securities shall not be specified in the articles of association, then such funds shall only be invested in such securities as are specified in this act. Such corporation shall have the power to make all needful rules May make rules and regulaand regulations and by-laws for the management of its affairs, tions. not inconsistent with the constitution and laws of this State or of the United States. directors. SEC. 6. In case it shall at any time happen that an election Election of of officers, directors or trustees shall not be made on the day designated by the articles of association and by-laws, said corporation for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an election of officers, directors or trustees, in such manner as may be directed by the articles of association and by-laws of said corporation. given as certain law. SEC. 7. The articles of association filed as required by this Articles may be act, or a copy thereof certified by the officer with whom they evidence. are so filed, may be given in evidence in any court of this State for or against said corporation. Said corporation shall Application of possess the general power conferred by and subject to the provisions and restrictions of chapter two hundred thirty of the Compiled Laws of the State of Michigan of eighteen hundred ninety-seven, so far as the same may be applicable to corporations formed under this act. Approved June 15, 1899. [No. 251.] AN ACT to License and Regulate Commission Men and The People of the State of Michigan enact: men and SECTION 1. That every person who shall solicit to receive Commission for sale, for himself or another, or who shall receive for sale, brokers to or offer for sale, for another, for hire, or cause the same to be execute bonds. |