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bond may be re

said court shall seem proper concerning any stay of proceedings; the supreme court, or the circuit judge of the When additional court where such decree or final order was made, shall, on quired. special motion and proper showing, have power after such appeal is perfected to order an additional bond and fix the penalty thereof, and approve the sureties thereto, or to refer such approval to a circuit court commissioner of said county in which the cause shall have been pending; the supreme court aforesaid, or the circuit court, may, concerning any bond aforesaid, order a suit to be brought and prosecuted for the benefit of any person, persons or corporation as such court may direct, and thereupon such suit may be brought and prosecuted to effect, and all moneys collected in such suit shall be disposed of as such court shall direct.

turn to appeal,

to be transmit

SEC. 21. In making return to any appeal, it shall be In making renecessary to transmit to the supreme court only such part files and records of the files, records and proceedings as may be necessary ted to supreme to enable the supreme court to pass upon the order or court. decree appealed from, but the supreme court shall have power to order such further return to be made to the appeal as it may deem necessary.

Previous pro

ceedings to

SEC. 22. All proceedings begun under said acts num bered two hundred sixty-two and one hundred thirty-seven, continue. up to the time this act takes effect, may continue and be prosecuted to a conclusion thereunder, and in such case shall be and remain as valid and effectual as if this act had not been passed, or, at the pleasure of the complainant or complainants therein, may be continued and prosecuted under this act: Provided, That any party to proceedings Proviso as to begun under said acts two hundred sixty-two and one hundred thirty-seven shall have the right of appeal secured by this act.

This act is ordered to take immediate effect.
Approved March 26, 1895.

previous acts.

[ No. 40. ]

AN ACT to provide for the division and distribution of property held in trust under certain circumstances.

among cestuls

of being sold.

SECTION 1. The People of the State of Michigan enact, Trust property In any estate vested in a trustee or trustees for the bene- may be divided fit of any person or corporation, whether by will or other que trust instead grant or conveyance, where provision is made for the sale. of the trust property and distribution of the proceeds, and where no limitation is placed upon the power of alienation, nor restriction made as to the time of the division and distribution of the proceeds of the trust property, and it shall appear to be more advantageous to the persons for

Authority of

whose benefit the trust was created to divide and distribute the trust property among them instead of affecting a sale thereof by the trustee, and the distribution of the proceeds, the trustee, upon authority being granted so to do court necessary. by the circuit court in chancery of the county where the property, or a portion thereof, is located, may make a division and distribution of the trust estate among the persons entitled to the proceeds of the sale thereof in the same proportion in which the proceeds of the sale is provided by the terms of the instrument or grant creating the trust to be distributed.

How such au

when all persons

give consent.

SEC. 2. In all cases except where all the parties to be thority secured benefited by the distribution of the proceeds of the sale benefited do not of the trust estate shall give their consent in writing to the division and distribution of the trust estate as above provided, the proceedings to obtain the authority of the court as aforesaid to divide and distribute said estate, may be instituted by the trustee or any person interested in such division and distribution, and shall conform to the provisions of chapter two hundred seventy of Howell's statutes of Michigan, and the division and distribution, if authorized by the court, shall be effected in the manner provided by said chapter for partitioning the undivided interests of persons in real estate generally.

Consent of court not necessary

agree to

division.

Consent of minor, insane or incompetent

person.

for such person,

SEC. 3. Such division or distribution of a trust estate when all parties may be made by a trustee without obtaining the authority of the court as aforesaid, when all the persons who would be entitled to share in the proceeds of the sale of such estate shall consent thereto in writing, and such trustee shall make such division and distribution when all of the parties interested as aforesaid shall so request in writing. SEC. 4. When any of the persons entitled to share in the distribution of the proceeds of the sale of such trust estate shall be a minor, or insane, or incompetent to give When guardian their consent, or make such request, such division and disto be appointed tribution shall not be made without the authority of the court as aforesaid, unless such minor, insane or incompetent person shall have a general guardian, in which event such general guardian, upon obtaining the authority of the court appointing such guardian to consent to such division and distribution, or request that the same shall be made by the trustee, shall have the same power and authority to consent to such division and distribution or make request therefor, and agree upon a method of effecting such division and distribution as a person of full age and otherwise competent to act in the premises could do. The authority of the court appointing such guardian to give such consent, or make such request, may be obtained by such guardian filing with such court a petition showing the circumstances which it is deemed renders it to the advantage of such minor, insane or incompetent person to have such distribution or division made. This act is ordered to take immediate effect. Approved March 27, 1895.

Such guardian

to file petition cerning division.

with court con

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AN ACT to authorize the cities and villages of this State which own and operate electric light works for the purpose of lighting their streets and other public places, to furnish and supply electric lights to the inhabitants of such cities and villages.

SECTION 1. The People of the State of Michigan enact, Cities and vil That it shall be lawful for any city or incorporated village lages may tarin this State not having more than ten thousand inhabit- inhabitants. ants, which now own and operate works for the purpose of supplying such city or village with electric light and lighting their streets and other public places with electric light, to furnish and supply electric light to the inhabitants of such cities or villages upon such terms and under such conditions as the common council may deem expedient.

This act is ordered to take immediate effect.
Approved March 27, 1895.

[ No. 42. ]

AN ACT to amend section one of act number forty-nine of the public acts of eighteen hundred and eighty-five, being "An act for the relief of purchasers and settlers on swamp land, and to repeal act number one hundred and sixty-six, session laws of eighteen hundred and fiftyfive, and act number one hundred and seventy-three, session laws of eighteen hundred and sixty-seven, the same being section fifty-three hundred and eighty-six and fifty-three hundred and eighty-seven, Howell's annotated statutes," approved April sixteenth, eighteen hundred and eighty-five.

SECTION 1. The People of the State of Michigan enact, Section That section one of act number forty-nine of the public amended. acts of eighteen hundred and eighty-five, being an act for the relief of purchasers and settlers on swamp land, be and the same is hereby amended so as to read as follows:

empted may be

the State for

SECTION 1. The People of the State of Michigan enaci, Certain lands That in all cases where lands have been in good faith entered and preentered under the preemption or homestead laws of the purchased from United States, at any of the United States land offices in $1.25 per acre. the State of Michigan, and such entry has been afterwards set aside or canceled in consequence of the lands so entered having been found to be State swamp lands, the person so entering such land, or his heirs or assigns may at any time before such lands are sold to any other person,

on presentation of a certificate of such entry and cancellation, from the register of the United States land office, where such entry was originally made to the Commissioner of the State Land Office, be entitled to purchase such lands of the State at the price of one dollar and twentyfive cents per acre, subject to the condition that such preemptioner or homesteader shall not have any claim against the State for draining such lands, and provided that such lands shall not be offered for sale by the State until the expiration of the two years after the same shall be patPerson purchas ented to the State: And provided further, That any person making application under this act shall make proof satisfactory to the Commissioner of the State Land Office, by affidavit or otherwise, that he has fully complied with the preemption or homestead laws of the United States up to the time he received notice of such cancellation. Approved March 29, 1895.

ing must make certain proofs.

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Midwives and

health officer of

eyes of infants,

[ No. 43. ]

AN ACT to provide for the prevention of blindness in the
newly born by compelling midwives, nurses and others to
report in writing to the local health officer any redness
or inflammation occurring in the eyes of infants under
two weeks of age, and to provide a penalty for the
neglect of the same.

SECTION 1. The People of the State of Michigan enact, nurses to notify That should one or both eyes of an infant become inflamed inflammation in or swollen, or reddened, or should any pus or secretion form in the eyes or upon the edge of the lids, at any time within two weeks after birth, it shall be the duty of any midwife, nurse or other person having charge of such infant, to report in writing within six hours after discovery of such inflammation, redness or formation of pus, or secretion, to the local health officer or some legally qualified practitioner of medicine in the city, town or district in which such case shall occur, the fact that such inflammation, swelling or redness or accumulation in the eyes exists.

Penalty for failure.

SEC. 2. Any failure to comply with the provisions of this act shall be punished by a fine not to exceed hundred dollars or imprisonment not to exceed six months, or both such fine and imprisonment in the discretion of the court.

Approved March 29, 1895.

[ No. 44. ]

AN ACT to amend section thirty-eight of act number one hundred and ninety of the public acts of one thousand eight hundred ninety-one, entitled "An act to prescribe the manner of conducting and to prevent fraud and deception at elections in this State.

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SECTION 1. The People of the State of Michigan enact, Section That section thirty-eight of act number one hundred and amended. ninety of the public acts of one thousand eight hundred ninety-one, entitled "An act to prescribe the manner of conducting and to prevent fraud and deception at elections in this State," be and the same is hereby amended so as to read as follows:

votes to be made.

SEC. 38. After the count of the tickets or ballots has Result of count been completed the result shall be immediately declared, to be declared. and the number of votes received by each candidate or person on the ticket shall be publicly declared by one of the inspectors. The inspectors shall then prepare a state- Statement of ment of the result in triplicate, showing the whole number of votes for each office, the names of the persons for which such votes were given, and the number each person received. Such a statement, when certified by the inspectors and duly signed, shall be delivered, one copy to the township or city clerk, to be filed by him in his office, one copy to the inspector appointed by the board to attend the county canvass, and the other, together with one of the original tally sheets, shall by the township or city clerk be, within twenty-four hours after the result is declared, delivered in person or immediately forwarded by registered mail to the said county clerk. Approved March 29, 1895.

A 1897 18

[ No. 45. ]

AN ACT to prevent the introduction of a dangerous communicable disease in any township, city or village in Michigan, except under specified regulations.

in case of person

tagious diseases,

SECTION 1. The People of the State of Michigan enact, Permit of That no person sick with cholera, small-pox, diphtheria, board of health scarlet fever or any other communicable disease dangerous sick with conto the public health, no corpse of a person dead from one of the above-named diseases, or from any other communicable disease dangerous to the public health, and no article which has been infected or is liable to propagate or convey any such disease, shall come or be brought into any township, city or village in Michigan, without the special permit of the board of health or of the health

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