such persons so heretofore or hereafter designated shall be as valid and effectual in law as if the organization had been effected by all the persons so authorized to organize or incorporate any corporation as aforesaid; always provided, that the provisions of this act shall not in any manner apply to, affect or impair the rights or liabilities of any parties in any suit or suits that may be pending at the time of its passage (see sections 206, 208).

SEC. 2. All acts and parts of acts, general, special, public, private, local or otherwise in any manner inconsistent with or repugnant to any of the provisions of this act be and the same hereby are repealed.

180. Amended certificate to cure defects in organization. [Supplement, approved April 9th, 1887. P. L. 1887, p. 156. See sections 11, 126, 146.]

SEC. 1. Whenever the original certificate of incorporation filed by any association, under any general law of this state for the formation of incorporated companies is defective by reason of the omission of any matter required by law to be therein stated, or by reason of the object or objects therein expressed, in whole or part, being for a purpose or purposes not contemplated or recited in such general law in existence at the time of filing such original certificate, it shall be lawful for all the stockholders of such association, or the legal representatives of any deceased stockholders, to make a certificate under their hands and seals, acknowledged or proved as required for deeds of real estate, setting forth a copy of the original certificate, the time and place of recording and filing the same, and reciting the omission or defective objects of incorporation as expressed in said original certificate, and supplying such omission or the true object desired by such association for the purpose or purposes of such incorporation; the same to be of the nature or character authorized by the act to which this is a supplement, and the supplements thereto and acts amendatory thereof; which said association, upon causing said certificate to be recorded in the office of the clerk of the county where the original certificate was recorded, which said certificate the clerk is hereby authorized to record, and file in the office of the secretary of state, shall be deemed and taken to be and to have been a legal corporation for the objects stated in said certificate, to be recorded and filed from the time of filing such original certificate; provided, however, that this act shall not in any manner affect any proceedings pending in any court.

SEC. 2. It shall be lawful for the secretary of state to file such certificate in his office; provided, said association has paid or does

pay to him for the use of the state the sum of money required to be paid upon filing amended certificates of incorporation in his office.

SEC. 3. This act shall take effect immediately.

181. Corporation not to assume a name already in use. [An act relative to the titles of corporations. Approved March 7th, 1888. P. L. 1888, p. 152. See sections 11, 114, 115.]

SEC. 1. No corporation to be organized under the laws of this state shall assume or use a name or title already in use by another corporation so organized, or so nearly similar to the name or title of any other corporation of this state as to lead to uncertainty and confusion.

SEC. 2. This act shall take effect immediately, and that all acts and parts of acts inconsistent herewith be and the same are hereby repealed.

182. Steam heating and power companies may lay pipes in streets.

[Supplement, approved April 30th, 1887. P. L. 1887, p. 238.]

SEC. 1. Any company which shall be organized by virtue of the act to which this is a supplement, for the purpose of producing and distributing steam heat or power, shall have full authority to lay the necessary pipes and conduits beneath the public roads, highways, streets, avenues and alleys in this state; provided, however, that said pipes and conduits shall be laid at least two feet below the surface of the same, and shall not in any wise unnecessarily obstruct or interfere with public travel, or damage public or private property; and provided, also, that the consent of the board of aldermen, common council or other legislative body of any such cities, towns or townships wherein or through which it is contemplated to lay such pipes and conduits beneath such public roads, highways, streets, avenues or alleys, shall first and as a condition precedent be obtained before any of such public roads, highways, streets, avenues or alleys shall be disturbed, opened or dug up, such consent of such board to be by ordinance of such board duly adopted; that such use of public streets or highways in any of the cities, towns or townships of this state shall be subject to such regulations and restrictions as may be imposed by the common council, board of aldermen or other legislative body of such cities, towns or townships, and that the portions of the surfaces of the streets disturbed in laying the said pipes shall be immediately restored to their original condition, and that any pavements which are removed for the purpose of laying or repair

ing the pipes shall be restored in as good condition as they were previous thereto, and so maintained for six months after the completion of the works, and in case of failure on the part of the owners of said pipes to so restore and maintain the same, the street commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the cost thereof may be recovered by the city from the owners of said pipes in any court of competent jurisdiction.

183. Restrictions in laying steam pipes.

SEC. 2. Any pipes or conduits laid in any of the public roads, highways, streets, avenues and alleys to be used for conveying steam heat or power, shall be laid at a distance not less than three feet from the outside of any water or gas pipe already laid, except in cases where it shall be necessary that said pipes or conduits shall cross any such water or gas pipe, and then said pipes or conduits shall be at least twelve inches distant from the outside of any water or gas pipes already laid.

SEC. 3. This act shall take effect immediately.

184. Specially chartered corporations may decrease num

ber of directors.

[Supplement, approved February 14th, 1888. P. L. 1888, p. 34. See section 1 (paragraph VI.), sections 17, 116, 173.]

SEC. 1. Any company or association incorporated under the laws of this state by special act of incorporation shall have the power to decrease the number of its directors by filing in the office of the secretary of state the assent in writing of stockholders representing two-thirds in value of the existing capital stock, and a certificate setting forth the number of directors as decreased, under the hands and seals of said stockholders, which certificate shall be proved or acknowledged and recorded, as required of deeds of real estate, in the office of the clerk of the county where the principal office or place of business of such company in this state shall be established, and after being so recorded shall be filed in the office of the secretary of state, and the certificate of the secretary of state that such assent and certificate have been filed in his office shall be taken and accepted as evidence of the decrease in the number of its directors, in any court of this state; provided, however, that such assent and certificate shall be filed as aforesaid, within thirty days after the execution of the same by the said stockholders; and provided further, that in no case shall the number of directors in such company be decreased to less than three.

SEC. 2. This act shall take effect immediately.

185. Mutual associations may create capital stock. [Supplement, approved March 21st, 1888. P. L. 1888, p. 186.]

SEC. 1. It shall be lawful for the members of any mutual association or corporation heretofore or hereafter incorporated or organized under or by any law of this state, to provide for and create a capital stock of such association or corporation, upon the consent in writing of all the members of such association or corporation, and to provide for the payment of such stock, and to fix and prescribe the rights and privileges of the stockholders therein.(t)

SEC. 2. This act shall take effect immediately.

186. Corporations created for educational purposes may dissolve before expiration of charter.

[Supplement, approved March 6th, 1888. P. L. 1888, p. 137.]

[By this supplement, containing a preamble and three sections, it is provided that corporations created for educational purposes may, when the managers deem it advisable, dissolve before the expiration of their charter and wind up their affairs by a receiver and make distribution.]

187. Corporations for benefit of infirm firemen may extend corporate existence.

[Supplement, approved March 23d, 1888. P. L. 1888, p. 224.]

[By this supplement of three sections it is provided that any corporation organized for the benefit of indigent and infirm firemen of any city in this state that has failed, during the period for its continuance named in its charter or certificate of incorporation, to file with the secretary of state a certificate extending its corporate existence, as permitted by statute, but has continued and still continues its organization and the transaction of business, may still file such certificate at any time within thirty days from the passage of this act, naming therein a period not exceeding fifty years.]

188. Associations to encourage the purchase of homes.

[An act for the incorporation of associations to encourage the purchase of homes and to facilitate the payment therefor. Approved March 23d, 1888. P. L. 1888, p. 231.] [By this act of six sections it is provided that any number of persons not less than seven may associate themselves together for the purpose of enabling occupants of lands and other persons to purchase the land or to borrow the money thereon of said association, by mortgage or otherwise, on the terms and conditions and subject to the liabilities prescribed in the act.]

189. Rights of corporations holding stock of other corporations.

[An act concerning corporations of this state, and of other states doing business in this state. Approved April 4th, 1888. P. L., 1888, p. 385.]

SEC. 1. It shall be lawful for any corporation of this state, or of any other state, doing business in this state and authorized by law to own and hold shares of stock and bonds of corporations of other states, to own and hold and dispose thereof in the same manner and with all the rights, powers and privileges of individual owners of shares of the capital stock and bonds or other evidences of indebtedness of corporations of this state.(u) SEC. 2. This act shall take effect immediately.

(t) Co-operative companies may have a capital stock. Section 124. (u) For other provisions relative to the holding by one company of stock in another, vide sections 168, 191, 219.

190. Merging of certain corporations.

[An act relating to the consolidation of corporations formed under the act entitled An act concerning corporations," approved April 7th, 1875, and the acts amending and supplementing the same for the purposes of the improvement and sale of lands, the construction, maintenance and operation of hotels and carrying on the business of an inn-keeper, and the transportation of goods, merchandise or passengers upon land or water. Approved April 17th, 1888. P. L. 1888, p. 441.]

[This act of six sections provides for the merger and consolidation of corporations of the description set forth in the title of the act. See paragraphs 100, 151.]

191. Certain corporations may hold the stock of other corporations.

[An act to authorize corporations formed under the act entitled "An act concerning corporations," approved April 7th, 1875, and the acts amending and supplementing the same, for the purpose of the improvement and sale of lands, or the building, operation and maintenance of hotels and carrying on the business of an inn-keeper, or of the transportation of goods, merchandise or passengers upon land or water, to purchase and hold stock in any one or more of said companies in certain cases. Approved April 17th, 1888. P. L. 1888, p. 445.]

SEC. 1. It shall and may be lawful for any company heretofore or hereafter organized under the provisions of an act entitled "An act concerning corporations," approved April seventh, one thousand eight hundred and seventy-five, and the acts supplementing and amending the same, for the purposes of the improvement and sale of land, or the building, operation and maintenance of hotels and the carrying on the business of an inn-keeper, or of the transportation of goods, merchandise or passengers upon land or water, to purchase and hold stock in the capital of any one or more corporations formed under said acts for either of the said purposes, and issue its own stock as for property purchased therefor; (v) provided, that said corporations shall have their principal office in, or be carrying on business, in whole or in part, in the same county; and further provided, that the said business of transportation carried on by said transportation company, may be incidental or necessary to the furnishing of proper facilities of travel to and from the lands or hotel of said other company or companies to the nearest points of established railroad transpor

tation.

SEC. 2. This act shall take effect immediately.

192. Companies for guaranteeing collection of bad debts. [Supplement of February 27th, 1889. P. L., p. 34.]

[This supplement of five sections provides that it shall be lawful for any ten or more persons to associate themselves into a company to carry on any business which has for its object the selling of credit, or the limiting, insuring or guaranteeing of the losses of wholesale dealers, manufacturers and jobbers, arising by reason of bad debts.]

193. Certain water companies may increase capital stock. [An act to authorize water companies in this state, having a less capital stock than twenty thousand dollars, to increase their capital stock to fifty thousand dollars. Approved March 19th, 1889. P. L., p. 69.]

SEC. 1. All water companies in this state, having a less capital stock than twenty thousand dollars be authorized to increase their

(v) For other provisions relative to the holding by one company of stock in another, vide sections 168, 189, 219.