XI. LIMITATIONS:

XII. MARRIED WOMEN:

XIII. MILLDAMS:

Milldams may be erected across non-navigable streams subject to conditions. the injury of any dam already existing. No such dam shall be erected to water and the length of time which it may be kept up The height of may be regulated by the verdict of a jury. injured by flowage or otherwise may obtain compensation therefor upon petition to the Superior Court, and proAll persons ceedings thereupon, the remedy so given taking the place of any common-law remedy. No milldam shall be constructed or materially altered until specifications of the proposed work have been approved by the county commissioners.

XIV. NOTES AND BILLS:

Commercial paper means negotiable paper, such as bills of exchange, promissory notes and bank checks, given in due course of business for the payment of money. need not be payable at a bank or any fixed place. days of grace are allowed on all notes and drafts except It those payable on demand. Three requiring acceptance has till two o'clock p. m. on the next The drawee of a bill or draft business day after presentment to decide whether he will accept.

Bills of exchange, drafts, promissory notes and contracts, due and payable or to be executed on Sunday or any Fast or Thanksgiving Day appointed or recommended by the Governor or by the President, first Monday of September, Christmas Day, twenty-second day of February, thirtieth day of May, fourth day of July, or on the following day when either of the four days last mentioned occurs on Sunday, shall be payable or performable upon the business day next preceding said days; and in case of non-payment or non-fulfillment may be noted and protested upon such preceding day; but the holder or holders of such obligations need not give notice of the dishonor, non-payment or non-fulfillment thereof until the business day next following the days above specified. To charge indorsers of a promissory note payable on demand, a demand made at the expiration of sixty days from the date thereof, without grace, or at any time within that term is necessary to fix liability of indorser, and shall be deemed to be made within a reasonable time. No presentment of such note to the promissor and demand of payment will charge the indorser, unless made on or before the last day of said term of sixty days. Orders and drafts for money payable within this State, in which no time of payment is expressed, shall be deemed to be payable

on demand. notes payable on time by a signature in blank on the All persons becoming parties to promissory back thereof, shall be entitled to notice of the non-payment thereof the same as indorsers. Checks drawn on a bank may be paid within ten days after death of drawer. XV. SUITS:

Civil actions in general, except those concerning land (if one of the parties live in the State), must be brought in the county where one of them lives or has his usual place of business. action may be brought in any county. Where all parties are non-resident, property owned by defendants residing out of the State is sufficient to give jurisdiction in suit after notice pubAttachment of lished by order of court. Such notice to be given within one year from the entry of the suit. Persons commorant

in the State may also be arrested on mesne process and held to bail.

XVI. TAXES:

Taxes are assessed as of the first day of May in each year, and on real estate are a lien for two years after they are committed to the collector; but the collector may sell real estate for taxes after two years have elapsed, unless the estate has been alienated prior to the giving of the notice of such sale. if not paid on demand the collector may sell after advertisement. heirs or assigns, may redeem within two years by paying The or tendering to the collector or purchaser the sum paid owner, his by him, with ten per cent interest and all necessary intervening charges; and a person having title may redeem in two years after notice if property is taxed to a person unknown, or to a tenant or occupant not owner, or wrong person or mortgagee of record. tax sale, if resident in the city or town where the estate The purchaser under a is, must record his residence or place of business. resides elsewhere he must appoint an agent or attorney and record such appointment. If he

CORPORATIONS.

I. ORGANIZATION:

Three or more persons may associate together by an agreement in writing for the purpose of forming a mining corporation with a capital of not less than five thousand dollars or more than one million dollars. In the case of quarrying corporations the capital stock shall not exceed five hundred thousand dollars. forth: 1. The name assumed. 2. The purposes for which Such agreement shall set said corporation is formed. 3. The town in which it is located (in this commonwealth). 4. The amount of its capital stock, the par value thereof and the number of shares.

The first meeting shall be called by a written notice given to all subscribers, for the purpose of temporary organization, and each subscriber shall take an equal number of shares of the capital stock unless otherwise agreed. The president, treasurer and a majority of the directors shall sign and swear to a certificate setting forth a copy of the agreement, with the names of all the subscribers thereto, and date of first meeting and adjournments thereof; and shall submit such certificate, together with the records of the association, to the Commissioner of Corporations, who shall thereupon issue a certificate of incorporation, which shall have the effect of a special charter.

II. POWERS:

Any corporation thus created may purchase and hold real estate and personal property necessary to its business. and may carry on business outside of this commonwealth. but shall not direct its operations to other purposes than those mentioned in its agreement of association. Its business, however, may be altered, added to or changed by the stockholders at a special meeting called for that purpose. Corporations may sue or maintain any action at law or otherwise in any of the courts of this State. Roads, drains, ditches, tunnels, and railways may be established through lands of adjacent owners or over highways, upon petition to the county commissioners, proper proceedings instituted thereupon and assessment of damages for injuries to such owners.

III.

OFFICERS:

stock may be increased or diminished by vote of the stockholders, subject to the provisions of the statute. (Chapter 157). Assessments may be made upon the shares not exceeding the par value thereof, and shares of members not paying assessments may be sold. The corporation shall not commence business until the whole amount of its capital stock has been paid in, and a certificate of such fact made and recorded; but conveyances of real or personal property will constitute such paying in.

V. LIABILITIES:

The president and directors shall be liable for making or consenting to a dividend by which the corporation is rendered insolvent, to the extent of such dividend; between the time of making a loan to a stockholder and the time of its repayment, to the amount of such loan; and for signing a false certificate or statement, required by law,, only the persons so signing being liable.

Stockholders shall be liable: for debts contracted before the capital stock was all paid in, but only those who have not paid the par value of their shares shall be so liable; for debts existing at the time the capital stock was reduced, to the exent of such reduction; for debts existing at the time special stock is created, until the same is redeemed; for sums due operatives for services rendered

within six months before demand made upon the corporation; but in all cases stockholders shall only be liable to the par value of the shares held by them. All wages due employes shall be paid weekly.

VI. REPORTS:

An annual certificate must be filed with the Commissioner of Corporations setting forth the time of last annual meeting, amount of capital stock at such time, the amount then paid in, and the assets and liabilities of the corporation; and upon failure of any corporation so to do for two successive years, the Commissioner of Corporations may apply to the Supreme Court for its dissolution. Certificates must also be filed upon an increase or reduction of the capital stock.

VII. FOREIGN AND OUTSIDE CORPORATIONS:

Provision is made for returns of foreign corporations having offices in this commonwealth. (Statutes 1882, Chap. 106; Statutes 1886, Chap. 230.)

Corporations owning mines or quarries outside of this commonwealth, or incorporated under the laws of any other state and having an office or place of business within this commonwealth, shall pay a tax of one-twentieth of one per cent upon the par value of the capital stock.

In

Deeds and mortgages of lands or any interest therein, executed within this State, must be witnessed by two persons, and to entitle the same to record, must be acknowledged before a judge or commissioner of a court of record, a notary public, or a justice of the peace. struments executed in any other state, territory or district of the United States, may be acknowledged before any officer authorized by the laws thereof to take the proof and acknowledgment of deeds, or before a commissioner appointed by the Governor of Michigan for that purpose, or before a notary public, who certifies thereto under his seal of office.

In foreign countries deeds must be executed in the presence of two subscribing witnesses, and may be acknowledged before any notary public therein, or before any minister, consul, vice consul, charge d'affaires, consular agent or commissioner of the United States resident in any foreign country or port: such proof or acknowledgment to be certified by such officer under his seal of office. IL ALIENS:

Aliens may acquire and hold lands or interests therein by purchase, devise or descent, and such lands are held, conveyed, mortgaged or devised and descend in like man

ner and with like effect as if the owner was a native citizen of this State or of the United States.

III. ASSIGNMENTS:

Assignments for the benefit of creditors may be made by any debtor, but must be of all the property of the assignor not exempt from execution, and without preference. Assignee must give approved bond in double the amount of property assigned. No attachment or execution levied upon assigned property after assignment is valid to create any lien upon such property. Within ten days after receiving the trust, the assignee is required to give notice of the assignment to each creditor personally or by mail. Creditors are required to prove their claims within ninety days after notice of the assignment by affidavit, to be filed in the office of the clerk of the county where the assignor resides; or in default, the assignee or receiver distributes the estate, without reference to claims not proven. Before making a dividend, assignee shall serve, personally or by mail, on each creditor whose name appears on schedule filed, a complete list of all creditors. Proof of claim must state the actual amount unpaid and owing, the actual consideration thereof, when contracted, when due or to become due, whether any and what payments have been made thereon, that the sum claimed is justly due from the assignor to claimant, and that claimant has not, nor has any other person for his use, received any security or satisfaction whatever, other than that by him set forth. The assignee is required to file in the clerk's office a report of the condition of the estate and his doings under the assignment within three months thereafter. The assignee or receiver may contest any claim. Any creditor may request in writing, the assignee or receiver, to contest any claim, and such request operates to stay payment of any dividend on such contested claim. If the assignee or receiver refuse to make such contest, the crèditor may petition the court for an order directing a contest. The Circuit Court in Chancery of the proper county has supervisory power of all matters, questions, and disputes arising under the assignment. All debts for labor have preference over all other debts which have not become a lien on the estate prior to the performance of the labor. It is made the duty of the assignee to close the trust, if practicable, within one year, but the court or judge at chambers may for good reason, on cause shown, extend the time. Notice of application for extension of time is given to the creditors, who are entitled to appear and be heard with reference thereto. IV. ATTACHMENTS:

Process will issue on affidavit showing a debt due upon express or implied contract, or upon judgment, and either that debtor: has absconded, or is about to abscond from the State; is concealed therein to the injury of his creditors; has assigned, disposed of or concealed, or is about to assign, dispose of or conceal any of his property with intent to defraud his creditors; has removed or is about to remove any of his property out of this State, with like intent; fraudulently contracted the debt or obligation respecting which the suit is brought; or is not a resident of this State and has not resided therein for three months (where process is issued from Circuit, or one month where process is issued from Justice Court) immediately preceding the time of making such affidavit: or that the debtor is a foreign corporation. Upon showing reasons satisfactory to the Circuit judge, and on obtaining his order therefor, attachment may issue for a debt not due. Actions of tort against non-residents may be commenced by attachment where the cause of action arises in this State; or where the cause of action accrued while the

plaintiff was a bona fide resident of this State, upon filing an affidavit describing the cause of action, and showing the defendant to be a non-resident or foreign corporation, that the cause of action arose in this State, or accrued to the plaintiff while he was a bona fide resident thereof; and that defendant is carrying on business in the State, or owns property therein.

Garnishee process may issue from any court in which the original suit is commenced, and in such proceeding, indebtedness to the principal defendant, or property in the hands of a fraudulent transferee, or property of any kind subject to execution in the garnishee's hands, may be reached for the satisfaction of any judgment recovered in the suit, but money owing for the personal labor of a householder having a family, to the extent of twentyfive dollars, is exempt. The garnishee is liable for property received under conveyances or mortgages that are fraudulent as to creditors, and for the value of such property if disposed of by him before or after garnish

ment.

Male debtors may be arrested in all personal actions other than those arising on contract.

V. CLAIMS AGAINST ESTATES:

When letters, testamentary or of administration, are granted, the Probate judge may appoint two or more persons commissioners to receive, examine and adjust all claims and demands against the deceased, except where the value of the estate does not exceed the amount allowed by law for the support of the widow and children; or he may appoint a time and place for the examination and adjustment of claims before himself. For the presentation of claims to commissioners, not less than six nor more than eighteen months from the date of the commission is allowed, but the time may be extended as circumstances may require, so that the whole time shall not exceed two years. On application of a creditor who has failed for good cause to present his claim, made before the estate is closed, and payment of costs, the commission may be revived and further time, not exceeding three months, allowed for the examination for such claim, otherwise claims proper to be allowed by and not presented to the commissioners or the court after notice, and within the time limited, are forever barred. Where claims are examined and allowed by the court, the same notice is required as in the case of commissioners. Counter claims and set-offs are examined and passed

upon.

A

All actions and suits pending against deceased persons at the time of death, where the cause of action survives, may be prosecuted to final judgment, and the executor or administrator may be allowed to defend the same. claim founded upon a joint contract of the deceased and another, or upon a judgment against the deceased and another, may be allowed as if the contract had been joint and several, or as if judgment had been taken against deceased alone.

If the assets of the estate which can be appropriated to the payment of debts are not sufficient to pay said debts in full, they are applied, after paying the necessary expenses of administration, in the following order: 1. Necessary funeral expenses. 2. Expenses of last sickness. 3. Debts having preference by the laws of the United States. 4. Debts to other creditors.

VI. COURTS:

Circuit Courts, holding from two to four terms a year in each county, have original jurisdiction in actions on contract where damages claimed amount to one hundred dollars and upward; exclusive jurisdiction in actions of tort where damages alleged exceed one hundred dollars, and appellate jurisdiction from Justice and Probate Courts.

The Superior Court of Grand Rapids has original and concurrent jurisdiction with the Circuit Courts in all civil actions where the debt or damages exceed one hundred dollars, and in which the defendants, or one of them, shall have been served with process in the city, and the parties, or one of them, reside therein.

Justice Courts have original jurisdiction where the debt does not exceed one hundred dollars, and concurrent jurisdiction with the Circuit Court where the debt does not exceed three hundred dollars, except in actions of tort, where the limit is one hundred dollars. There is a Probate Court in each county, with the usual powers. The Supreme Court of the State is the final appellate tribunal to which all appeals from the Circuit and Superior Courts are taken, at law and in equity. VII. FEES:

Acknowledgment before notary public, justice clerk of court....

Attachment: entry fee..

or

.$.25

Appeal: in addition to costs in Justice Court. Commencement of suit in Justice Court: No fee, but non-residents required to give security for costs, costs not to exceed $10 in any case, awarded to prevailing party.

3.00 4.00

Commencement of suit in court of record: entry fee.. 3.00 Incorporation: County clerk, $2.00; Secretary of State. 3.00 Mandamus:

Probate: no fees except for exemplification.

Deeds and mortgages of real estate must be recorded within the county wherein the land is situate, and if not so recorded are void as against subsequent purchasers or incumbrancers for a valuable consideration, who have not received actual notice of such deed or mortgage. Foreclosure of mortgages may be by advertisement, or in courts of equity of the county where the property is situate.

Chattel mortgages and bills of sale intended as security are absolutely void as against creditors or subsequent purchasers and mortgagees in good faith, unless the instrument or a true copy thereof be filed in the office of the clerk of the city or township where the mortgagor resides. Such mortgages made and withheld from the files are postponed to all indebtedness contracted after their date and prior to their filing. Chattel mortgages are a security merely for the debt, and give no legal title until foreclosed by sale; and such mortgages cease to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith after one year from the filing thereof, unless within thirty days before the expiration of that time, they are renewed by filing in the same office an affidavit, showing the amount of the mortgage debt then actually due or owing. The fraudulent removal, disposition, concealment or appropriation of mortgaged chattels constitutes a criminal offense.

IX. DEPOSITIONS:

The testimony of any witness may be taken by deposition in any civil cause or matter, begun or pending in any court of record, at law or in chancery, when the witness is, or is about to go, or resides out of the State; or is about to go, or resides more than fifty miles from the place of trial; or beyond the jurisdiction of the court; or is sick, aged, or infirm; or where there is reasonable cause for apprehension that his testimony cannot be had at the trial; and in all cases where affidavits are permitted to be used in proceedings before the court; and also when it is desired to take conditionally and perpetuate testimony in suits to be begun; and in any other case when it shall appear to the court or judge thereof that the purposes of justice will be aided thereby.

Courts of record of this State have power to compel the attendance of witnesses and the giving of their testimony, and the production of books, papers and other evidences, before commissioners or persons authorized by them to take testimony, and also under commissions or letters rogatory, issued out of any court of any other state, or of the United States, or of any foreign government or country. To perpetuate testimony, any person who expects to be a party to a suit, which may hereafter be commenced in any court of record, may cause the testimony of any witness material to him in such suit, to be taken conditionally, and perpetuated, under a commission issued by any Circuit Court commissioner or judge of a court of record, upon affidavit showing the necessity or reason therefor, and so far as known, the persons interested in such matter.

In all proceedings and actions, the testimony of a party, or in case a corporation is a party, the testimony of the president, secretary or other principal officer or general managing agent, otherwise than as a witness on a trial, may be taken by deposition at the instance of the adverse party, at any time after the commencement thereof and before judgment.

X. DESCENT:

Lands, tenements or hereditaments, and all rights thereto, or any interests therein in fee simple, or for the life of another, not lawfully devised, descend subject to debts, as follows: (1) To children and issue of any deceased child by representation; and wanting these, to all other lineal descendants, equally, if all of the same degree of kindred, otherwise by representation. (2) If husband or wife survives intestate, half to such surviving spouse, and remainder to the father and mother of intestate, equally; and if but one parent living, to survivor alone. In default of issue, or surviving spouse, estate descends to father and mother in equal shares, and if but one living. then to survivor alone; and, after these, to brothers and sisters and their issue, by right of representation; finally to next of kin in collateral and ascendant order, those claiming through nearest ancestor being preferred. Degrees of kindred are computed according to the rules of the civil law, and kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent, devise or gift of some one of his ancestors, in which case all those not of the blood of such ancestor shall be excluded from such inheritance. The provision made for

the widow is in lieu of dower, unless she shall, within one year after the appointment of an administrator, begin proceedings for the assignment of her dower, in which case her interest is limited to her dower therein. XI. EXECUTION:

in

May issue at once in Circuit Courts, and within_five days from rendition of judgment in Justice Courts. Executions issued out of Circuit Courts are made returnable in not less than twenty, nor more than ninety days. Executions issued out of Justice Courts are returnable sixty days. Stay of execution in Justice Courts may be obtained by giving a bond for the payment of the judgment, costs and interest, the stay allowed being four months when the judgment does not exceed fifty dollars, and six months when above that sum. Lands sold under execution may be redeemed within one year, by payment of the purchase money with interest at the rate borne by the judgment, and may be redeemed by any judgment creditor having a subsequent levy, at any time within fifteen months from the date of such sale. Executions may issue at any time during the life of a judgment. Levy on real estate ceases to remain a lien thereon at the expiration of five years from the date of levy.

XII. EXEMPTIONS:

The homestead of any householder not exceeding forty acres and the dwelling house thereon and its appurtenances, if in the country, or a house and lot in a city, town or village, the value in either case not to exceed fifteen hundred dollars. The homestead cannot be alienated or incumbered without the consent of the wife, where such relation exists, and cannot be sold by probate license to pay debts, unless appraised to exceed fifteen hundred dollars, and that amount be paid the widow or those having homestead rights therein.

Personal property exemption includes stock in trade, a team, or other things necessary to carry on the business or pursuit in which the debtor is wholly or principally engaged, to the value of two hundred and fifty dollars; and partners of a firm are each entitled to such exemption, except as against an execution for the purchase money thereof. To a householder: Ten sheep, two cows, five swine, provisions, fuel, spinning wheels, looms, stoves put up for use in dwelling, cemetery tombs and rights of burial, library and school books of every individual and family, family pictures, provisions and fuel for comfortable subsistence for six months, household goods, furniture and utensils to the value of five hundred dollars. XIII. INTEREST AND USURY:

Six per cent. per annum is the legal rate of interest, but parties may contract in writing for a higher rate, not exceeding eight per cent. The penalty for usury is a forfeiture of all the interest, but no action can be maintained to recover back such excess after the voluntary payment of the same. A bona fide purchaser of negotiable paper is not affected by its being usurious, unless appearing on the paper. Judgments bear the same rate of interest as the instrument or contract upon which such judgment was founded.

XIV. JUDGMENTS:

Are not liens until execution has been issued thereon and a levy made, and in the case of real estate, notice thereof recorded in the office of the register of deeds of the county where such lands are located. Executions may issue to the sheriff of any county in the State. Judgments can be obtained in the Circuit Court in from forty-five to sixty days, depending on return day, time of service, term of court, etc. In Justice Courts, if defendant makes default, judgment can be obtained on return day of process. XV. LIENS:

Every person who shall, in pursuance of any contract between himself and the owner, part owner or lessee of any interest in real estate, build, alter, improve, repair, erect, ornament or put in or who shall furnish any labor or material in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building, machinery, wharf or structure; and every person who shall, as sub-contractor, laborer or material-man, perform any labor or furnish materials to the original or principal contractor or to any sub-contractor in carrying on, forwarding or completing any such contract, is given a lien therefor upon the structure and its appurtenances and also upon the entire interest of the owner, part owner or lessee in and to the lot or piece of land, not exceeding one-quarter section of land, or, if an incorporated village or city lot, not exceeding the lot or lots upon which the improvement is made, to the extent of the right, title and interest therein of the owner, part owner or lessee at the time the work was commenced or materials furnished; and also to the extent.of any subsequent acquired interest. The person, firm or corporation furnishing material or performing labor is required within ten days after furnishing the first of such material or performing the first of such labor to or for any contractor or sub-contractor, to serve on the owner, part owner or lessee, or on his agent, if such owner, part owner or lessee resides in or has a known agent in the county in

charge of the structure, a fairly detailed statement of the goods furnished or to be furnished or of the labor performed or to be performed, and a description of the premises where furnished. The owner, part owner or lessee will not be liable to the sub-contractors, materialmen or laborers for any greater amount than he contracted to pay the original contractor, and is entitled to recoup any damages which he may sustain by reason of any failure or omission in the performance of the contract; but the risk of all payments made to the original contractor after the giving of the notice above mentioned shall be upon the owner, part owner or lessee until the expiration of sixty days, within which a claim for lien may be filed, and no payment to any original contractor made before the expiration of this sixty day period shall defeat any lien of any sub-contractor, material-man or laborer unless such payment has been distributed among the sub-contractors, material-men and laborers, or if distributed in part only, then to the extent of such distribution.

The owner may retain from any moneys due or to become due to the original contractor an amount sufficient to pay the demands of the sub-contractor, material-men or laborers, who have filed and served notice of their intention to claim a lien.

The lien is lost unless the person entitled thereto, shall make under oath and file in the office of the register of deeds of the county or counties in which the real estate, building or structure is situated, within sixty days from the day on which the last of the materials shall have been furnished or the last of the labor shall have been performed by the person claiming the lien, a true and just statement or account of the demand due him, over and above all legal set-offs, setting forth the time when such materials were furnished or labor performed, and for whom, and containing a correct description of the property to be charged with the lien and the name of the owner, part owner or lessee, if known; and shall follow up the filing of such statement by proceedings to enforce the lien, by bill in chancery, to be commenced within six months after the filing of such statement.

XVI. LIMITATIONS:

Judgments of courts of record exist ten years; of Justice Courts, six years. On accounts and notes and other simple contracts, and for all injuries to person or property, action must be brought within six years. On sealed instruments and judgments, within ten years. Part payment or promise in writing to pay constitutes revivor. Writs of error from the Supreme Court must be issued in one year after final judgment in the court below, except that the Supreme Court may grant further time, not exceeding six months. Questions of law only can be reviewed in law cases, but both questions of fact and law will be determined on appeals in equity cases. Proceedings to foreclose real estate mortgages must be commenced within fifteen years after they become due and payable, or within fifteen years after last payment on the mortgage debt. After such limitation has expired the mortgage may be discharged on application to the Circuit Court of the county where the property is situated. For the recovery of real property, action must be brought within five years where the claim arises against executor's, guardian's or sheriff's deed; or against deed of auditor-general for taxes, where the purchaser, his heirs or assigns have been in actual and undisputed possession under such tax deed for such period; in all other cases action must be brought within fifteen years.

May make contracts in respect to their own property, and may have, hold and enjoy the same, and have the same rights and remedies as though unmarried. They may carry on business in their own name with their own property by consent of their husbands. But a married woman's contract to pay, or to become liable for, or to secure payment of the debt of her husband, or other person, is voidable by her. She may, however, charge her real or personal property to secure such indebtedness, by mortgage. A mortgage upon a homestead, or other alienation thereof, is void unless signed by the wife. The widow takes as dower the use during her natural life of one-third part of all the lands whereof her husband was seized as of an estate of inheritance at any time during coverture. Mortgage indebtedness on real estate for purchase price is deducted from the value of such real estate in setting off and assigning dower.

XVIII. NOTES AND BILLS:

Negotiable promissory notes and bills of exchange, including acceptances, are "commercial paper." It is not necessary that such paper be made payable at any bank or other place. The persons primarily liable to pay must seek the holder and pay when due. If there are indorsers or drawers entitled to notice, the holder is bound to present the paper to the makers and demand payment; and, if he wishes to hold such indorsers and drawers, notice of the presentment, demand and refusal must be given them in their order, promptly, by due course of mail, or by personal service. On all bills of exchange and negotiable notes and acceptances not pay

XIX. SUITS:

For the purpose of taxation, real estate includes all lands within the State, and all buildings and fixtures thereon and appurtenances thereto, except such as are expressly exempted by law. Personal property includes, subject to certain exemptions by law, all moneys, annuities, royalties, goods, chattels and effects within the State; all ships, boats and their appurtenances belonging to inhabitants of this State, whether at home or abroad; all goods, chattels and effects belonging to inhabitants of and situate without the State, except property actually invested in business in another State; all credits belonging to inhabitants of this State above the amounts owed by them; all shares in corporations organized under the laws of this State when the property of such corporation is not taxable to itself, or when its personal property is not taxed; all shares in banks organized within the State, under the State or United States laws, at their cash value, after deducting the assessed value of real property assessed to such bank; all shares in foreign corporations, except national banks, owned by citizens of this State; and all buildings and improvements situate upon leased lands, except where the value of the real estate is also assessed to the lessee or owner of such buildings and improvements. Taxes become a debt against the persons assessed immediately after the assessment roll is completed, and become a lien on the real and personal estate from the first day of December of the same year. Taxes may be collected by distress and sale of the goods and chattels of the person assessed. Lands returned as delinquent for non-payment of taxes and on which taxes have remained unpaid for more than one year prior to the first day of May of the year in which their sale is ordered, may be sold under decree of the Circuit Court of the proper county, on the first Monday in December thereafter.

XXI. WILLS:

Every person of full age and sound mind, being seized in his own right of any lands, or any right thereto, or entitled to any interest therein, may devise and dispose of the same by will in writing, and may likewise bequeath and dispose of all his personal estate. Wills must be in writing, signed by the testator or by some person in his presence by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses. No will is effectual to pass either real or personal estate unless duly proved and allowed and probated, and the probate of a will of real or personal estate as above mentioned, is conclusive as to its due execution. All beneficial devises, legacies and gifts made or given by will to a subscribing witness thereto, are wholly void, unless there be two other competent subscribing witnesses. A will is not revoked unless by burning, tearing, canceling or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence and by his direction; or by some other will or codicil in writing, executed with all the formalities of a will. Marriage does not revoke a will. woman is competent to make a will the same as if she A married were unmarried. Nuncupative wills may be made by spoken words or signs when the testator is in extremis, or overtaken by sudden and violent sickness, and has no time to make a written will, when the value of the estate does not exceed three hundred dollars. The same must be proved by two competent witnesses, and testamentary

capacity and an intent to make the gift, must clearly appear. Soldiers being in actual military service, and mariners being on shipboard, may dispose of their wages and other personal estate by nuncupative will.

CORPORATIONS.

I. ORGANIZATION:

Any number of persons, not less than three, by articles in writing may organize themselves into a corporation for the purpose of engaging in and carrying on any kind of mining; or for mining and refining, smelting or manufacturing any or all kinds of ores, minerals or metals. The articles of association shall be acknowledged in duplicate by not less than three of the subscribers, and shall state the purpose for which the formed; the amount of the capital stock, which shall corporation is not be less than ten thousand dollars nor more than two million five hundred thousand dollars; the number of shares, of twenty-five dollars each; the amount of cash actually paid in; the cash value of any property, real or personal, conveyed to the corporation contemporaneously with its organization; the names of the stockholders, their respective places of residence and the number of shares held by each; the location of the business office, and if without the State, as it may be, the location within the State of its office for the transaction of business; the county or counties in the State where the business of the corporation is to be carried on; the number (not less than three nor more than nine, one of whom shall be a resident of Michigan) constituting the board of directors; the directors for the first year; and the term of existence of the corporation, which shall not exceed thirty years. Upon filing the articles with the county clerk of the county where the business office or the office for the transaction of business Secretary of State, and on paying the franchise tax, the is located, and with the corporation may lawfully commence business.

II. POWERS:

The corporation may acquire and hold any quantity of land not exceeding fifty thousand acres; subscribe for or purchase stock in any corporation formed to construct or improve any canal, harbor, plankroad or railroad, or to create, generate or manufacture any kind of power or light, when the construction, improvement, power or light is designed to facilitate the operations of the company: construct and operate boats or vessels for the transportation of its product or of general freights, and charter such boats or vessels to others; conduct its mining, manufacturing or other business in whole or in part at any place or places in the United States, or in any foreign country; conducting its business wholly at a place outside the State, subscribe for or purchase stock in any other corporation formed for the purpose of mining, smelting or manufacturing ores or minerals wholly at a place outside the State; consolidate with any other corporation organized under the same act; mortgage or sell the mine, works, real estate or franchise: convey city or village lots, or land not required for mining purposes, from which the timber has been removed, or rights of way and depot grounds for railroads; purchase and hold any grant of lands made by the general government to aid in any work of internal improvement in this State; within the limits prescribed, increase or diminish its capital stock; amend its articles of association; remove its place of business to any other place within the State; establish an office or offices (which cannot be changed within one year thereafter) for the transaction of business without the State, but within the United States, and hold any meeting of the stockholders or directors at such office: and may continue its corporate existence for a further term of thirty years beyond the time fixed by the articles, by a vote of two-thirds in interest.

III. CAPITAL STOCK:

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The original corporators are not obliged to subscribe for the entire capital stock, and the portion not subscribed for may be disposed of at any time afterward by the corporation. The stock is treated as personal property. transferable only on the books of the company, and the corporation at all times has a lien thereon for all debts due from members. The directors may call in stock subscriptions by installments and may sell the stock thirty days' notice for assessments past due sixty days; (in the case of manufacturing corporations, thirty days). The directors shall not diminish its capital so as to impair any demand or obligation due from the company; shall not withdraw or refund to the stockholders any part of its capital until all debts for which the stock would be liable have been paid, and shall not pay any dividend when insolvent, nor any dividend the payment of which would render it insolvent.

The corporation may create and issue certificates for two kinds of stock, general or common and preferred. the latter at no time to exceed two-thirds of the actual capital paid in, and shall be subject to redemption at par at a time certain to be fixed by the by-laws, and expressed