Knights of Pythias may incorporate. Who may execute articles. What to set forth. Where filed. Prima facie evidence of incorporation. Corporation may hold and convey property, etc. [No. 85.] AN ACT to provide for the incorporation of Knights of Pythias associations. The People of the State of Michigan enact: SECTION 1. That Knights of Pythias associations may be incorporated under the provisions of this act. SEC. 2. Any seven or more residents of this State, who are members of any chartered body, or of different chartered bodies of the order of Knights of Pythias may make and execute articles of association under their hands and seals, which said articles of association shall be acknowledged before some officer of this State having authority to take acknowledgments of deeds, and shall set forth: First. The names of the persons associating in the first instance, their places of residence and the name and location of the Pythian body or bodies to which they severally belong; Second. The corporate name by which such association shall be known in law; Third. The purpose of the association, which shall be to provide a building or buildings to be used in whole or in part for Pythian purposes, and the period for which such association is incorporated not exceeding thirty years; Fourth. The principal office or place of business. SEC. 3. A copy of said articles of association shall be recorded in the office of the Secretary of State and in the office of the county clerk of the county within which such incorporation shall be formed, and shall be recorded 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 corporate by the name expressed in such articles of association. A copy of such articles of association, under the seal of the circuit court and signed and certified by the county clerk in whose office said record is kept shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such association. SEC. 4. Every corporation organized under the provisions of this act may take, receive, purchase and hold in its corporate capacity and for its corporate purposes, real and personal property, and the same or any part thereof demise, sell, convey, lease, use and dispose of at pleasure; and may erect and own, enlarge, alter and repair suitable building or buildings and may purchase, lease, own and maintain furnishings and fixtures therein to be used in whole or in part for meetings of Pythian bodies and may lease said building or buildings for business purposes in whole or in part and may borrow money therefor and for that purpose may issue its bonds and mortgage its property to secure the payment of such bonds. SEC. 5. Shares of stock and certificates of such corporation Who may hold may be held and owned by chartered or incorporated bodies of stock, etc. Knights of Pythias. SEC. 6. Every such corporation shall have full power and May make byauthority to provide by its by-laws for the issuing of its cer- laws, etc. tificates and shares of stock and for the manner in which said shares of stock shall be held and represented. SEC. 7. Every such corporation shall have power to provide May provide by its by-laws for succession to its original membership and trustees, etc. for new membership; and shall also have power to provide by its by-laws for the election from its stockholders of a board of trustees, and to fix the number and term of office of such trustees. But such board of trustees shall not be less than Number of. five and such term of office shall not exceed three years. Such board of trustees shall consist of an equal number from each Who to constisubordinate chartered lodge of Knights of Pythias owning and holding shares of stock in said corporation as a lodge and situated in the town or city where the property of said corporation is located. tute trustees. control, where SEC. 8. The management and control of the business, af- Management and fairs and property of such corporation shall be vested in said vested, etc. board of trustees and said board of trustees shall have power to borrow any money, and cause to be made and issue the bonds and mortgages authorized by section four of this act. Said trustees shall appoint from their own number a president, Trustees to sevice-president, secretary and treasurer, who shall perform the lect officers. duties of their respective offices in accordance with the rules and regulations prescribed by the board of trustees. The first board of trustees provided for in this act shall have power to adopt by-laws and rules of procedure, and such by-laws and rules shall be binding upon all stockholders until the same are repealed. how clected. SEC. 9. The first board of trustees of such corporation shall First trustees, be elected by ballot from the original incorporators and their number determined upon by the incorporating stockholders. But such first board of trustees shall consist of an equal number from each subordinate lodge of Knights of Pythias represented by such incorporating stockholders. And such incorporating stockholder at such election shall have one vote and no more. Such board of trustees shall hold office until Term of office. their successors are elected and qualified. But no person shall Who eligible as be entitled to election or to hold the office of trustee unless he be in good standing in his subordinate lodge of Knights of Pythias, and when he ceases to be in such good standing his office as a member of said board of trustees shall be deemed vacant and shall be vacated without further proceedings. SEC. 10. The said corporation shall have the further power Corporation may to receive and own contributions and gifts and to use the same for its corporate purposes. It shall have the further power to trustee. receive gifts, etc. Subscriptions, how called in. How payment for stock, enforced. Notice of sale of stock. May recover balance. Rights of purchaser. hold and give entertainments for profit and to use the funds so realized for its corporate purposes. SEC. 11. The said board of trustees may call in the subscriptions to the capital stock of such corporation by installments, in such proportions and at such times and places as they shall think proper by giving notice thereof as the by-laws shall prescribe, and in case any stockholder shall neglect or refuse payment of any such installment for the space of thirty days after the same shall become due and payable, said corporation may recover the amount of said installment from such delinquent stockholder in any proper action for that purpose, or, so much of the stock of such delinquent stockholder as may be neces sary to pay such installment so due, may be sold by the trustees at public auction at the office of the secretary of the corporation, giving at least ten days' notice of said sale personally, in writing or by mail, to such delinquent stockholder at his last known address, or by publishing the same three weeks in succession in some newspaper published in the city or town where said office is located, and in case of the sale of said stock the proceeds thereof shall be first applied to the payment of the installment called for and the expenses of the sale, and the residue, if any, shall be paid over to the delinquent stockholder. In case the proceeds of such sale shall be insufficient to pay such installment such corporation may recover the balance from such delinquent stockholder. Such sale shall entitle the purchaser to all the rights of such delinquent stockholder to the extent of the shares so purchased. This act is ordered to take immediate effect. Approved May 3, 1905. How members may cast their [No. 86.] AN ACT to provide for voting by mail by members of certain alumni associations. The People of the State of Michigan enact: SECTION 1. Alumni associations or other organizations votes in writing. composed of graduates of any degree-granting educational institution within the State of Michigan and duly authorized to elect trustees or other members of the governing body of their respective institutions, may, and such associations or other organizations are hereby empowered to permit duly qualified members, not present at the time and place appointed for the election of such trustees, to cast their votes in writing under such rules and regulations for the reception, canvass and return of such votes as each such association or organization may adopt. This act is ordered to take immediate effect. [No. 87.] AN ACT to amend section six of chapter three of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," approved June two, eighteen hundred ninety-seven, the same being compiler's section number four thousand three hundred twenty-four of Miller's Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section six of chapter three of act number two Section hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," approved June two, eighteen hundred ninety-seven, is hereby amended so as to read as follows: addressed, etc. SEC. 6. The citation shall recite so much of the premises as Citation, what to will show jurisdiction, giving a description of the land trav-show; to whom ersed by such drain, and in the case of resident owners who reside upon the premises traversed by said drain shall be addressed to such owners by name; in the case of non-resident owner or owners not residing upon the land traversed, it shall be addressed to the non-resident owner or owners, but it shall not be necessary to name such owner or owners. It shall describe the drain by its commencement, terminus and general course, and shall set forth that land owned by the persons to whom it is addressed will be crossed by such drain and may be subject to assessment for its construction, and that a description and survey of such drain is on file with the court issuing such citation and describe the land to be taken. Such citation shall be personally served by the county drain com- Service of. missioner or some other competent person, upon every person whose lands are traversed by the said drain, who has not released the right of way and all damages on account thereof, and who resides on any land to be traversed by said drain, by delivering to him or her a copy thereof or by leaving the same at his or her residence with some person of suitable age and discretion, who shall be informed of its contents. In all cases Time between of personal service at least ten days shall intervene between and hearing the day of service and day of hearing, and the court issuing such citation shall require proof of such service by affidavit showing the time, place and manner of such service. Citations shall be served upon a township by leaving a copy thereof with the supervisor and highway commissioner of such township, or at their residence; upon cities by leaving a copy thereof with the mayor and street commissioner; upon the State by leaving day of service Service, in case or mailing a copy thereof to the State Land Commissioner and the prosecuting attorney of the county in which such lands are situated; upon railroad companies by leaving a copy thereof with the agent in charge of any ticket or freight office of the company operating such railroad in the county in which the lands or right of way of the railroad traversed by said drain are situated; and if there shall be no such agent in said county, then by mailing a copy of the citation, so far as it affects the lands or right of way of said railroad company, addressed to either the president, general manager or general superintendent of the company operating such railroad, at the place where its general offices are situated, at least two weeks previous to the day of hearing; and upon other corporations by serving the same upon the officer or person designated by law in cases of civil process. If any lands involved are owned by non-resiof non-residents. dents of the township or townships, or by residents who do not reside upon the premises traversed by said drain, a copy of the citation so far as it affects such lands shall be mailed to such residents or non-residents at least two weeks before the day of hearing, if their residence can by reasonable diligence be ascertained, and shall be published in some newspaper published and circulating in the county in which such lands are located, for at least two weeks previous to the day of hearing, which publication shall be deemed to be sufficient notice to all such parties, and it shall not be necessary to name such owner or owners in said publication. The first publication of such notice. shall be at least fourteen full days before the day of hearing, and proof of its publication shall be made as above provided in the case of personal service. In case any owner of any land, sary to publish. wherever he may reside within the State, shall receive personal service of the citation, then as to such owner it shall not be necessary to publish such citation or serve it upon the occupant. Publication of notice. When unneccs Approved May 3, 1905. Sections amended. [No. 88.] AN ACT to amend sections thirty-nine and forty of act number two hundred five of the public acts of eighteen hundred eighty-seven, as amended, entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," being compiler's sections six thousand one hundred twenty-eight and six thousand one hundred twenty-nine of the Compiled Laws. The People of the State of Michigan enact: SECTION 1. Sections thirty-nine and forty of act number two hundred five of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws authorizing the busi |