Proviso. Service of subpœna, etc. Proceedings. Of other proceedings, etc. expire, or shall have heretofore expired, by limitation, under the terms of its articles of incorporation, leaving any mortgage, lien or incumbrance upon its real estate, upon which there shall remain any sum owing and unpaid, it shall be lawful for the holder or owner thereof to file his bill in the circuit court in chancery, in the county where said real estate, or some portion thereof, is situate, for the foreclosure of such mortgage, or the enforcement of such lien or incumbrance, and proceed therein to a final decree and sale, the same, and with the same force and effect, as though the term of the corporate existence of said corporation had not expired: Provided, The complainant shall make the corporation and all the stockholders thereof, as far as known, defendants to said bill. SEC. 2. After the filing of a bill of complaint in such case, a subpoena may issue and be served upon such corporation, by serving a copy of such subpoena upon the last president, vice president, secretary or treasurer of said corporation, if found within this State, and if no such officer shall be found in this State, on satisfactory proof by affidavit that [none of said officers can be found in this State, or that] none of them reside therein, the circuit judge of the court in which said suit or proceeding shall have been or shall hereafter be commenced, shall have full power and authority to make an order for the appearance of such defendant corporation at a day therein to be specified, in like manner as is provided by law for the bringing in of non-resident [defendants] defendant in courts of chancery and all the provisions [of] by law governing the practice of courts of chancery relative to the publication of such notice and the subsequent proceedings thereunder shall apply to and govern proceedings had under the provisions of this act and absent or non-resident stockholders made defendants in such suit or proceedings may be brought in in like manner. SEC. 3. All other proceedings in such matter shall be according to the usual rules and practice of courts of chancery in this State, and the final decree and sale, if any, shall have the same force and effect as in ordinary foreclosure proceedings in chancery. This act is ordered to take immediate effect. To be governed [No. 194. ] AN ACT to prescribe the manner of conducting municipal and township elections and to prevent fraud and deception thereat. // SECTION 1. The People of the State of Michigan enact, by general law, That all elections hereafter held in the various cities, villages and [townships] township in this State, shall be in etc. conformity with the provisions of the laws governing general elections so far as the same shall be applicable thereto, and all the provisions of such laws relative to the boards of election inspectors, the arrangement of polling places, the manner of voting and receiving votes, and the canvass and declaration of the result of such election, are hereby made applicable to such municipal and township elections, but the time for the opening and closing of the polls shall not be affected thereby. tion commission ers, etc. SEC. 2. The township board of each township, and such per- Who to be elecsons as shall be elected therefor by the common councils of the various cities, and villages in this State, shall be the board of election commissioners for such township, city, or village respectively, and shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of counties, and like duties and privileges as are enjoined and granted by the laws governing general elections upon the various committees of the different political organizations are hereby prescribed for the city, village, or township committees in elections held pursuant hereto; except that it shall not be vignette not necessary for the committees of the different political organizations to furnish a vignette or heading for the ballots other than to designate the name of the party or political organization which they represent. necessary, etc. furnish names, etc. SEC. 3. In municipalities governed by this law, the names Committees to This act is ordered to take immediate effect. Opening -closing & polls - 1893.19 [ No. 195. ] AN ACT providing for the erection of a cottage at the Eastern Michigan Asylum at Pontiac, for the purchase of additional land for said asylum and making provision for the payment for the same. SECTION 1. The People of the State of Michigan enact, May purchase That the board of trustees of the Eastern Michigan Asylum land. at Pontiac be and are hereby authorized to contract for and purchase pieces and parcels of land adjoining said asylum land not exceeding fifty acres, the title of the same to be unincumbered and to be vested in the State of Michigan. May erect cottage. Money for such purposes. Who may incorporate. Manner of incorporation. Copy to be filed, etc. Shall not issue stock, etc. How funds derived, etc. To report annually. Subject to supervision. SEC. 2. The trustees of [the] said Eastern Michigan Asylum are hereby authorized to erect a suitable cottage for the accommodation of patients of the said asylum on lands belonging to the State of Michigan. SEC. 3. For the purpose of the purchase of said land and the erection of said cottage the trustees of said Eastern Michigan Asylum are hereby authorized to expend any surplus fund in the treasury of the said asylum not exceeding twenty-five thousand dollars. This act is ordered to take immediate effect. [ No. 196. ] AN ACT to incorporate mutual benefit societies, membership in which is confined to a single city, village or township. SECTION 1. The People of the State of Michigan enact, That any society heretofore or hereafter organized, the membership in which is confined to the residents of a single township, village, or city, and having for its object the payment of a sum or sums of money to designated beneficiaries on the death of a member, or the payment of sick or funeral benefits, or all or any one of such objects, may become a body corporate in the following manner: At any regular meeting of such society, due notice having been given at the preceding regular meeting, a vote shall be taken on the question, "Shall this society become a body corporate?" and when said question shall have been adopted by a vote of two-thirds of the members present and voting thereon, said society shall file in the office of the Secretary of State, and also in the office of the county clerk, a copy of the constitution and by-laws of said society, and also a copy of the above vote certified to by the president and secretary of said society, and said society shall thereupon become a body corporate and may sue and be sued. SEC. 2. No corporation formed in accordance with the provisions of this act shall issue stock, or borrow money, or hold invested funds, or acquire or hold any real estate except such as may be necessary for the transaction of its business. SEC. 3. The funds of such corporation shall be derived from assessments upon members, and shall be collected and applied only as prescribed in its constitution and by-laws. SEC. 4. Every such corporation shall, annually, after each new election of officers, report to the insurance commissioner the location of its office, the names of its president, secretary and treasurer, and such other information as said commissioner may require, and shall be subject to the supervision of said commissioner according to the provisions of sections fifteen and twenty-two of act one hundred and eighty-seven of the public acts of one thousand eight hun- This act is ordered to take immediate effect. [ No. 197.] AN ACT to authorize the consolidation of street railway and electric light companies. SECTION 1. The People of the State of Michigan enact, Consolidation That any company organized under chapter ninety-five of authorized, Howell's Annotated Statutes of Michigan, entitled "Street Railway Companies" may consolidate with any company organized and in operation under chapter one hundred and twenty-seven of said statutes, entitled "Electric Light Companies," where such companies are located and carry on business in the same [towns, cities, or villages,] town city or village and may form a single corporation. And for this purpose the directors of said said two cor- How effected. porations may enter into an agreement under the corporate seal of each, for the consolidation of the said two corporations, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of directors thereof, and the names of those who shall be the first directors, which shall be deemed and taken to be the first election of the directors of the consolidated company, which number shall not be less than three, nor more than seven, the time and place of holding the first election of directors after the consolidation, which time shall not exceed six months after such consolidation has been sanctioned by the stockholders of said two corporations, as hereinafter provided, the number of shares of capital stock in the new corporation; the amount of each share; the manner of converting the shares of capital stock in each of said two corporations into shares in such new corporation with such other details as they shall deem necessary to perfect such consolidation of said corporations, and such new corporation shall possess all the powers, rights Powers and duand franchises conferred upon such two corporations, and ties of new corshall be subject to all [the] restrictions, and perform all the duties imposed by the provisions of their respective charters, or laws of organization, not inconsistent with the provisions of this act. Such agreement of the directors shall not be when agreedeemed to be the agreement of the said two corporations until after the written consent of all the stockholders of each of said corporations has been obtained thereto, and when such agreement of the directors has been so sanctioned by the stockholders, in the manner above mentioned, then such agreement of the directors shall be deemed to be the poration, etc. ment valid, etc. be evidence, etc. Certified copy to agreement of the said two corporations. A copy of said contract or consolidation agreement filed in pursuance of this act with the Secretary of State, and certified by him to be a copy, shall in all courts and places be presumptive evidence of the consolidation of said two companies, and [of] all the facts therein stated. When consolidation effected, etc. SEC. 2. Upon making the agreement mentioned in the preceding section, in the manner required therein, and filing a duplicate thereof in the office of the Secretary of State, the said two corporations mentioned or referred to in this section shall be merged into the new corporation provided for in such agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect as provided therein. And all and singular, the rights and franchises of each and all of said two corporations, parties to such agreement, and all and singular, their rights and interests in and to every species of property and things in action, shall be deemed to be transferred to and vested in such new corporation, without any other deed or transfer, and such new corporation shall hold and enjoy the same, together with all other rights of property, in the same manner and to the same intent, as if the said two corporations, parties to such agreement, should have continued to retain the title and transact the business of such corporation; and the titles and the real estate acquired by either of said two corporations shall not be deemed to revert or be impaired by means of anything in this act contained: Provided, That all rights of creditors and all other liens upon the property of either of said corporations parties to the said agreement, shall be and hereby are preserved unimpaired, and the respective corporations shall continue to exist so far as may Further proviso, be necessary to enforce the same: And provided further, That all the debts, liabilities and duties of either company shall thenceforth attach to such new corporation, and be enforced against the same, to the same extent, and in the manner as if such debts, liabilities and duties had been originally incurred by it. Proviso. Question to be same This act is ordered to take immediate effect. [ No. 198. ] AN ACT to provide for the submission to the people of this State, of the question of a convention for the purpose of a general revision of the constitution of this State. SECTION 1. The People of the State of Michigan enact, That, on the Tuesday succeeding the first Monday of November, in the year one thousand eight hundred and ninety-two, the question of a convention for the purpose of a gen |