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By-laws.

Funds of

real and personal estate.

articles of association may provide for a classification of the trustees so that the terms of office of the several classes shall expire at different times, and for a classification of the members in accordance with their subscriptions to the objects for which the corporation was organized. The regular officers of such corporation shall form a part of such trustees. The officers may be chosen by the trustees or the members of the corporation, as the articles shall prescribe. The by-laws shall be adopted by the trustees, who may change them at pleasure.

The majority of the trustees shall be a quorum to transact Amendments, business. The articles of association of any such corporation

may be amended at any time by a two-thirds vote of the trustees. Before any such amendment shall take effect, a copy of the resolution, certified by the secretary, shall be filed in the office of the secretary of state, and in the clerk's office of the county in which the original articles are filed.

(306) Sec. 5. All the funds received by any corporation corporation,

organized under this act shall be used, after paying necessary expenses, for the exclusive purpose or purposes set forth in the articles of association. And no portion of the funds of such corporation shall be used or contributed toward the erection, completion or furnishing of any building not owned

or used by such corporation for the purpose or purposes set May receive forth in its articles of association. Such corporation shall in

equity and law be capable of taking and receiving real and personal estate, either by purchase, gift, grant, lease, or bargain and sale, devise and bequest, not exceeding twenty-five thousand dollars, in the aggregate, for the purpose of its incorporation, but for no other purpose, and it shall have power to invest the same at pleasure, and to grant, bargain, mortgage, sell or lease the same for the use of said association; and it shall be lawful to invest the same upon mortgage, or in or by loans on notes or bonds, or municipal, county, state or United States securities; or deposit the same in any reli

able bank on interest; but no loans shall be made to any May specify

trustee or officer of such corporation: Provided, That any such corporation may, in its articles of association, specify the kinds of securities in which its funds shall be invested, and that no part of its funds shall be invested in any securities other than those named in its articles, or when the securities shall not be specified in the articles of association, then such funds shall only be invested in such securities as are specified in this act. Such corporation shall have the power to make all needful rules and regulations and by-laws for the management of its affairs, not inconsistent with the constitution and laws of this state or of the United States.

(307) SEC. 6. In case it shall at any time happen that an election of officers, directors or trustees shall not be made on the day designated by the articles of association and bylaws, said corporation for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an

kinds of securities.

Election of officers.

election of officers, directors or trustees, in such manner as may be directed by the articles of association and by-laws of said corporation.

(308) Sec. 7. The articles of association filed as required Articles may by this act, or a copy thereof certified by the officer with court. whom they are so filed, may be given in evidence in any court of this state for or against said corporation. Said corpora. General power tion shall possess the general power conferred by and sub- of corporation. ject to the provisions and restrictions of chapter two hundred thirty of the compiled laws of the state of Michigan of eighteen hundred ninety-seven, so far as the same may be applicable to corporations formed under this act.

STATE BOARD OF LIBRARY COMMISSIONERS.

An Act to create a state board of library commissioners, to promote

the establishment and efficiency of free public libraries, and to provide an appropriation therefor.

[Act 115, 1899.)

The People of the State of Michigan enact:

(309) SECTION 1. The governor, with the advice and con- Personnel of sent of the senate, shall appoint four persons, residents of commission. this state, who, together with the state librarian, who shall be a member ex-officio, shall constitute a board of library commissioners. Two members' of said board shall be appointed for a term of four years and two for a term of two years, and thereafter the term of office shall be four years. All vacancies occurring in the appointive membership of Filling of said board, whether by expiration of term of office or other vacancies. wise, shall be filled by the governor, with the advice and consent of the senate.

(310) SEC. 2. It shall be the duty of the library com- Duties of mission to give advice and counsel to all free libraries in the commission. state, and to all communities which may propose to establish them, as to the best means of establishing and administering such libraries, the selection of books, cataloguing, and all other details of library management. In January of each year the board shall nake a report to the governor of its doings, of which report one thousand copies shall be printed by the state printer for the use of the board.

(311) Sec. 3. It shall be the duty of all free libraries or- Reports to ganized under the laws of the state, whether general or commission, special, to make an annual report to the board of library commissioners, which report shall conform as near as may

be reasonable and convenient, as to time and form such rules as the board may prescribe.

Sections

and 5 of this act are repealed by the act following.

APPROPRIATION FOR STATE BOARD OF LIBRARY COM

MISSIONERS.

[ Extract from Act 274, 1909. ]

Purposes.

of, etc.

Appropriation. (312) Section 1. There is hereby appropriated for each

of the fiscal years ending June thirty, nineteen hundred ten, and June thirty, nineteen hundred eleven, the sum of four thousand eight hundred dollars to be expended by the state board of library commissioners, as follows: For secretary and clerical assistance, sixteen hundred dollars; for defraying expenses of organizing libraries and of conducting library institutes and training schools, two thousand dollars; for

traveling expenses of organizer, eight hundred dollars; supInstruc- plies and incidentals, four hundred dollars. Instructors suittors, selection able for this work shall be selected by the board and all the

expenses incurred thereby, together with the expenses of said board, whether within or outside the state, including traveling expenses of its members, supplies and incidentals necessary for the work, shall be paid out of the appropriation: Provided, The printing and binding necessary to carry on the work of the said board shall be furnished by the board of

state auditors, and paid for out of the general fund as other Compensation. state printing and binding is paid for. No member of the

state board of library commissioners shall receive any compensation for his services, except that the board may appoint one of their number to act as secretary and such secretary may receive such sum as shall be agreed upon by the board.

Proviso.

DISTRIBUTION OF LAWS AND DOCUMENTS.

An Act to provide for the publication and distribution of laws and

documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published, and to provide for the replacing of books lost by fire or otherwise, and to provide for the publication and distribution of the official directory and legislative manual of the state of Michigan, etc.*

(From this act only such portions are quoted as relate directly to the public school system.)

[Act 44, 1899.)

(313) SEC. 11. There shall be printed of the annual report of the superintendent of public instruction, a sufficient number to supply all school libraries in the state with one copy each, also one copy each to the following persons or

Annual report of superintendent of public instruction.

* Remainder of title, repealing clause.

of pages.

institutions: To each superintendent of public instruction, To whom state university, college of mines and state normal school distributed. in the United States, each living ex-superintendent and deputy superintendent of public instruction in this state, each member of county boards of examiners, each city superintendent of schools; two hundred copies for deposit with the secretary of state for future distribution, and such number of additional copies as the superintendent of public instruction may, in his discretion, deem necessary, and not exceeding three hundred copies. Said report shall not exceed three Number hundred pages including context and index, such pages to be the size of the pages of the report of the superintendent of public instruction for the year eighteen hundred ninety-five, and such report shall be distributed by the superintendent of public instruction. Not to exceed the sum of fifty dollars for any one report shall be expended for cuts or illustrations for said report: Provided, That said fifty dollars shall cover the cost for special paper, if necessary for such cuts, and also the cost of making such cuts: Provided further, That the State course state superintendent of public instruction may prepare and have published for the district schools a state course of . study; for the teachers' institutes, institute outlines; and, Institute from time to time, such educational bulletins as he may deem necessary and the board of state auditors may approve, for the advancement of the cause of education in Michigan.

of study.

outlines.

Am. 1901, Act 31 ; 1903, Act 225.

Section 30 of the above act provides for the distribution of the legislative manual (red book), and the list includes one copy for each of the following: Each district, graded, and city public school; each public library other than school library; each township, village, and city clerk, and the county commissioner of schools.

(314) SEC. 32. It shall be the duty of the county com- Duty of missioners of schools to distribute all copies of the “official missioners. directory and legislative manual” to the schools in their respective counties, as provided in section thirty of this act; and also to see that the same are kept for the use of said schools, and it shall be the duty of the secretary of state to direct and oversee the prompt distribution of the laws, journals, documents and reports mentioned in this act, whose distribution is not otherwise provided for; and said laws, journals, documents, and reports shall be shipped to the sev. eral county clerks and county commissioners of schools in the state, and be distributed by them to the persons, officers, corporations and societies within their respective counties entitled to the same, and that, until so distributed, they shall be carefully preserved by said county clerks and county commissioners of schools. That the accounts for boxes furnished Expense of to the secretary of state for package and distribution shall be audited and allowed by the board of state auditors and paid out of the state treasury, and the expense of transportation from the office of the secretary of state to the county

distribution.

Receipt to secretary of state.

clerks and county commissioners of schools, and of distribution by them to the persons entitled to the same, shall be audited and allowed by the boards of supervisors and paid out of the county treasuries.

(315) Sec. 33. It shall be the duty of the several county clerks and county commissioners of schools, upon receiving any of the books mentioned in this act, to receipt to the secretary of state for the same, which receipt shall be filed and preserved in the office of the secretary of state; and it shall also be the duty of the said county clerks and county commissioners of schools to distribute said books as provided in this act, and to report at the expiration of a month after each reception of books to the secretary of state, on blanks furnished by him, by giving a full statement of all of said books remaining in his office, together with the names of the officers neglecting to call for the books to which they are entitled; and it shall be the duty of all persons, officers, corporations and societies, upon receiving any of the books mentioned in this act, to receipt respectively to the county clerk and county commissioner of schools for the same, which receipt shall be filed and preserved in the office of the county clerk and county commissioner of schools respectively. It shall also be the duty of the secretary of state to notify each person to whom any books are sent, except township officers, either directly or in care of the county clerk, which are re. quired by this act to be kept in any library or passed over to any successor in office, and that each person receiving such notice shall, within a reasonable time, apply to the county clerk for the books mentioned in this notice, if such books were sent to the county clerk, and obtain the same; and if such books have been received by the county clerk and are not called for as aforesaid, such person thus notified shall be held responsible in the same manner and to the like extent as in the case of his neglect or refusal to deliver over to his successor books received by him, except that books sent for the use of township officers may be sent to either the township clerk or county clerk, when the secretary of state shall notify the township clerk, who shall draw all of the books for the officers of his township and distribute the same.

Notification by secretary of state,

Section 34 provides that each city, village, township and county officer shall, when he ceases to hold such office, deliver over to his successor in office all such books received by him which are required by this act to be placed in his library.

CUSTODY OF RECORDS: See Murta v. Carr, 140 / 606.

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