be first filed with

SEC. 2. Before any such person, firm or corporation, ex- Declaration to cept as hereinafter provided, shall be authorized to issue such register of elevator or warehouse certificates or receipts, he or it, as the deeds. case may be, shall file in the office of the register of deeds of the county wherein such elevator, warehouse or other structure is situated, a written declaration which shall contain the name and place of residence or location of such person, firm or corporation, and shall state that he or it designs keeping or What to state. controlling an elevator, warehouse or other structure for the storage and sale of commodities mentioned in the preceding section, and shall contain an accurate description of such elevator, warehouse or other structure, the location thereof, and the name or names of any person, other than the one making such declaration, who has any ownership interest in such elevator, warehouse or structure, or in the land upon which it is situated. Such declaration shall be signed and acknowledged by the party making the same, before some officer authorized to take acknowledgments of deeds for said county.

of certificate.

SEC. 3. Each certificate or receipt issued by any such per- Statement to son, firm or corporation, under the provisions of this act, shall appear on back have printed on the back thereof, a statement that the party issuing the same has complied with the requirements of section. two of this act, giving the book, page and name of the county where the record of such declaration may be found. When Certificate to be such certificate or receipt is so issued and delivered, it shall transferable. have the effect of transferring to the holder thereof the title to the commodities therein described or enumerated, and shall thereafter be assignable and transferable by delivery, and such delivery shall transfer to any bona fide holder, in due course, the title to the commodities therein described and enumerated, against all persons claiming title subsequent to the issuing and delivery of such certificate or receipt.

registered by

SEC. 4. All certificates or receipts given under the provi- Certificates to be sions of this chapter, shall be registered by the party issuing issuing party. them in a book kept for that purpose, showing the date thereof What to show. the number of each, the name of the party to whom issued, the quantities and kinds of commodities enumerated therein, and the brands or other distinguishing marks thereon, if any, which book shall be open to the inspection of any person hold- Open to ining any of the certificates or receipts that may be outstanding and in force, or his agent or attorney, and when any commodity enumerated in any such certificate is delivered to the holder thereof, or it in any other manner becomes inoperative, the fact and date of such delivery or other termination of such liability shall be entered in such register, in connection with the original entry of the issuance thereof.

spection.

to issue cer

SEC. 5. No person, firm or corporation, shall issue any When unlawful elevator or warehouse certificates or receipts for any of the tificate. commodities mentioned in this chapter, unless such property is actually in the elevator or warehouse, or structure mentioned therein as the place where such commodity is stored, and it shall remain there until otherwise ordered by the lawful

Recover damages.

Misdemeanor, what deemed.

Penalty.

Not prohibiting mingling in common bins.

Proviso.

Act not to affect existing laws,

etc.

holder of such certificate or receipt, subject only to the lien of the warehouseman thereon and his right to enforce the same. No second certificate or receipt shall be issued for the same property, or any part thereof, while any other or prior certificate is outstanding and in force, nor shall any such commodities be sold, encumbered, transferred or removed from such elevator, warehouse or other structure wherein the same was stored at the time such certificate or receipt was issued by the warehouseman or any agent or employe thereof, without the written consent of the holder thereof endorsed thereon.

SEC. 6. Any one injured by the violation of any of the provisions of this chapter, may recover his actual damages sustained on account thereof.

SEC. 7. Any person who shall wilfully alter or destroy any register or certificate or receipt provided for in this chapter or issue any receipt or certificate without entering or preserving in such book the registered memorandum; or who shall knowingly issue any certificate or receipt therein provided for when the commodity or commodities therein enumerated are not in fact in the building or buildings it is certified they are in, or shall, with intent to defraud, issue a second or other certificate for any such commodity for which, or for any part of which, a former valid certificate or receipt is outstanding and in force; or shall while any valid certificate or receipt for any part of the commodities mentioned in this chapter is outstanding and in force, sell, encumber, ship, transfer or remove from the elevator, warehouse or building where the same is stored, any such certified property, or knowingly permit the same to be done, without the written consent of the holder of such certificate or receipt, or if any person knowingly receives any such property or helps to remove the same, he shall, upon conviction, be punished by fine not exceeding ten thousand dollars, or by imprisonment in the State prison not exceeding five years.

SEC. 8. Nothing in this act shall be construed as prohibiting or preventing warehousemen from mingling in common bins, grains or beans or seeds of the same grade, issuing certificates or receipts therefor, and drawing out and shipping said grain, beans or seeds from said bins: Provided, That a sufficient quantity of such grain or seeds shall be retained and kept in said bins to represent and satisfy all outstanding receipts or certificates.

SEC. 9. Nothing in this act shall be construed to affect,. interfere with or impair any rights of issuing and negotiation of any warehouse receipts or certificates under any existing law, or under any regulations of any chamber of commerce or board of trade within this State.

Approved June 1, 1905.

[No. 148.]

AN ACT to amend sections five, six, eight, and ten of act one hundred forty-seven of the public acts of eighteen hundred ninety-one, and acts amendatory thereof, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being sections four thousand eight hundred twelve, four thousand eight hundred thirteen, four thousand eight hundred fifteen, and four thousand eight hundred seventeen of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections five, six, eight, and ten of act one Sections, hundred forty-seven of the public acts of eighteen hundred ninety-one, and acts amendatory thereof, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being sections four thousand eight hundred twelve, four thousand eight hundred thirteen, four thousand eight hundred fifteen and four thousand eight hundred seventeen of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended so as to read as follows:

4812. SEC. 5. The board of school examiners shall meet Teacher's certificates, who on the Saturday of the week following each public examina- to grant, form tion held according to the provisions of section four of this etc. act and shall grant certificates to teachers in such form as the Superintendent of Public Instruction shall prescribe, licensing as teachers all persons who have attained the age of eighteen years, who have attended such public examinations, and who shall be found qualified in respect to good moral character, learning and ability to instruct and govern a school, but no certificate shall be granted to any person who shall not have passed a satisfactory examination in orthog- Subjects. raphy, reading, writing, grammar, geography, arithmetic, theory and art of teaching, United States history, civil government, and physiology and hygiene with reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system: Provided, That any commissioner may, upon the re- Proviso, when quest of any holder of a second or third grade certificate, send may send the papers written by such person, properly certified and another under seal, to the county board of school examiners of any other county for their examination, and such board of school examiners may, in their discretion, receive such papers, and

papers to

county.

Proviso as to renewal.

where renewed.

if they accept them, shall treat them in the same manner as if written at a public examination in their own county: Provided further, That the board of examiners shall have the right to renew without examination the certificates of any persons who shall have previously attained an average standing of at least eighty-five per cent in all the studies covered in two or more previous examinations and who shall have been since such last named examination continuously and Further proviso, successfully teaching in the public schools: Provided further, That an indorsed first grade certificate may be renewed in the county where issued, or in the county where the holder may be teaching at the time of its expiration. All certificates shall be signed by the county commissioner and by at least one of the members of the board of examiners. No person shall be considered a qualified teacher within the meaning of this act, nor shall any school officer employ or contract with any person to teach in any of the public schools under the provisions of this act who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination questions shall be prepared and furnished by the Superintendent of Public Instruction to the county commissioner, under seal, to be opened in the presence of the applicants for certificates on the day of examination.

Questions, by

whom furnished.

Grades of certificates granted.

First grade, to whom granted.

Proviso, papers etc., to whom forwarded.

Further

proviso as to, aggrieved applicant.

4813. SEC. 6. There shall be three grades of certificates granted by the board of school examiners, in its discretion, and subject to such rules and regulations as the Superintendent of Public Instruction may prescribe, which grades of certificates shall be as follows: The certificate of the first grade shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the State for four years: Provided, That all examination papers for first grade certificates, favorably passed upon by the board of examiners, together with such certificate, shall be forwarded to the Superintendent of Public Instruction, within ten days from date of examination, for inspection: Provided further, That any applicant for a first grade certificate who feels that the county board of school examiners have not given his papers the credit due them, may order them sent to the State Superintendent of Public Instruction for inspection; and if the standings given by the State Superintendent of Public Instruction are sufficient for his indorsement of the certificate, the county board of school examiners shall issue such certificate, unless they shall give reasons satisfactory to the Superintendent of Public Instruction for Further proviso. Withholding the same: And provided further, That no first grade certificate shall be valid in any county other than that in which it is granted, unless approved and countersigned. by the Superintendent of Public Instruction and a copy filed with the county commissioner in the county in which the holder of said certificate desires to teach. The certificate of the second grade shall be granted only to those who shall have taught at least seven months with ability and success, and it'

Second grade.

class A.

class B.

shall be valid throughout the county for which it shall be granted for three years, and such certificate may be transferred to another county as provided in section five of this act. The certificates of the third grade shall be divided into two Third grade, classes known as A and B. Third grade certificates of class A shall be granted only to persons who have taught successfully and continuously for at least three years next preceding the examination, in primary departments of graded schools, and the certificate of this class shall entitle the holder to teach in primary departments of graded schools only. Third Third grade, grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted for one year, and such certificate may be transferred to another county in the same manner that second grade certificates are transferred as provided in section five of this act; but no more than three certificates of this class shall be granted to the same person: Provided, That the county commissioner shall Proviso. have power upon personal examination in the third grade. branches satisfactory to himself or herself, to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted, but such certificate shall not continue in force beyond the time of the next public examination, and in no case shall a second special certificate be granted the same person within three years. 4815. SEC. 8. It shall be the duty of the county com Duty of county missioner:

commissioner.

whom sent.

First, Immediately after his or her qualification as commis- Notices, to sioner, to send notice thereof to the Superintendent of Public Instruction and the chairman of each township board of school inspectors of the county;

examinations,

Second, To keep a record of all examinations held by the Record of board of school examiners and to sign all certificates and etc. other papers and reports issued by the board;

receive.

Third, To receive the institute fees provided by law and Fees, to to pay the same to the county treasurer quarterly, beginning September thirty in each year;

certificates, etc.

Fourth, To keep a record of all certificates granted, sus- Record of pended, revoked or transferred by the said board or commissioner, showing to whom issued, together with the date, grade, duration of each certificate and if suspended or revoked with the date and the reason thereof;

teachers.

Fifth, To furnish, previous to the third Monday in July in List of each year, to the township clerk of each township in the county, a list of all persons legally authorized to teach in the county at large during the current school year, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation;

Sixth, To visit each of the schools in the county at least Visit schools. once in each year and to examine carefully the discipline, the mode of instruction, and the progress and proficiency of pupils: Provided, That in counties containing one hundred Proviso.