Unlawful to catch or sell during closed season. Evidence of violation. Penalty. When and where may spear suckers, etc. Repealing clause. fish in any of the waters in the county of Branch with any SEC. 2. It shall be unlawful for any person, company or SEC. 3. In all prosecutions under section one of this act it shall be prima facie evidence on the part of the people of the violation of the provisions of this act to show that the defendant was found upon the waters of said county with spear, net, trap-net, set lines, jack or any artificial light of any kind or with dynamite, giant powder, or any other explosive substance or combination of substances. SEC. 4. Any person or persons, company or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than twenty-five dollars and not exceeding one hundred dollars and the costs of prosecution, or by imprisonment in the county jail not less than thirty days and not exceeding three months, or both such fine and imprisonment in the discretion of the court, and in all such cases where a fine and costs are imposed, the court shall sentence the offender to be confined in the county jail until such fine and costs are paid, for any period not exceeding three months. SEC. 5. The provisions of this act shall apply to and be operative in the waters of said county, but it shall be lawful to spear red horse and suckers from March fifteen to April twenty of each year in the streams of said county, but not in the lakes thereof. SEC. 6. All acts or parts of acts inconsistent with the pro- This act is ordered to take immediate effect. [No. 194.] AN ACT to amend section twelve of act number two hundred thirty-two of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations." The People of the State of Michigan enact: SECTION 1. Section twelve of act number two hundred Section amended. thirty-two of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations, is hereby amended so as to read as follows: flour milling corporations. SEC. 12. Every corporation subject to this act, including Annual duplicate every foreign corporation admitted to carry on business in reports. this State under the provisions of this act, shall annually, in the month of January, make duplicate reports showing the condition of such corporation on the thirty-first day of December next preceding, or if the fiscal year of any corporation shall close within ninety days next preceding said thirty-first day of December the report may be of the condition at the close of said fiscal year, on suitable blanks to be furnished by the Secretary of State, as hereinafter provided: Provided, Proviso, as to Flour milling corporations shall make and deposit annual reports in the month of July for the year ending June thirty, preceding. Such reports shall state the amount each of com- What to state. mon and preferred capital stock authorized, and the amount thereof subscribed for, and the amount thereof actually paid in, in cash, and the amount thereof paid in property; the total value as near as may be estimated, of all property owned by the corporation; the value of different items or classes of property as follows: Real estate used in its business; real estate not used in its business; goods, chattels, merchandise, material and other tangible property; patent-rights, copyrights, trade-marks and formulas; good will; and all other property, specifying the kind; value of all credits owing to the corporation; the amount of debts of the corporation; the name and postoffice address of each stockholder and the number of shares of preferred and common stock held by him at the date of such report; the name and postoffice address of to furnish blanks. Reports, When and where filed. each officer and director of the corporation, and such other Secretary of State information as the Secretary of State may require. It shall be the duty of the Secretary of State in the month of December in each year, to mail to each corporation which is subject to the provisions of this act, suitable blanks on which shall be printed a copy of this section. Such reports shall be signed by whom signed. by a majority of the board of directors and verified by the oath of the secretary of the corporation, and deposited in the office of the Secretary of State within the said month of January, accompanied by a filing fee of fifty cents. The Secretary of State shall carefully examine such reports, and if upon such examination they shall be found to comply with all the requirements of this section, he shall then file one of them in his office, and shall forward the other by mail or express to the county clerk of the county in which the office in this State, for the transaction of the business of said corporation, is situated. And it shall be the duty of such county clerk, upon receipt of such report, to immediately cause the same to be Upon default, filed in his office. If any corporation neglect or refuse to corporate powers make and file the reports required by this section within the suspended, etc. time herein specified, and shall continue in default for ten days after the first day of February, its corporate powers shall be suspended thereafter until it shall file such report, and it shall not maintain an action in any court of this State upon any contract entered into during the time of such deDirectors liable. fault; and any director of such corporation so in default, who has neglected or refused to join in the making of such report, shall be liable for all the debts of such corporation contracted since the filing of the last report of such corporation, and shall also be liable to such corporation for any damages sustained by it by reason of such refusal or neglect. And in case a corporation organized or doing business under the provisions of this act shall be dissolved by process of law, or whose term of existence shall terminate by limitation, or whose property and franchises shall be sold at mortgage sale, or at private sale, or if for any reason the attitude of the corporation toward the State shall be changed from that set forth in the articles of association, it shall be the duty of the last board of directors of such corporation within thirty days thereafter to give written notice of such change to the Secretary of State, signed by a majority of such directors, which said notice shall be recorded as amendments are required to be recorded. And in case of neglect to give such notice, they shall each be subject to a penalty of five dollars for each and every secular day during the continuance of such neglect or refusal. The neglect or refusal to file the report, or to record the notice required by this section to be filed or recorded, shall be deemed wilful when such report or such notice is not filed or recorded within the time herein limited. Whenever any corporation has neglected or refused to make and file its report within twenty days after the time limited in this section, the Secretary of State shall cause notice of that fact to To give notice of dissolution. Penalty for neglect. Notice of failure to make report. bond, unnecessary be given by mail to such corporation, directed to its postoffice address. The certificate of the Secretary of State or his deputy, of the mailing of such notices, shall be prima facie evidence in all courts and places of that fact, and that such notices were duly received by said corporation. In case any Corporation filing corporation, filing the annual report provided for in this act, to file annual list shall file with the Secretary of State a bond in the penal sum of stockholders. of twenty-five thousand dollars, with good and sufficient surety for the fulfillment of its contracts for labor and material, said bond to be subject to suit thereon by all resident creditors of said corporation for labor and material, then it shall not be necessary for such corporation under this, or any other act, to file annually a list of the names and addresses of such stockholders, together with the number of shares of stock held by such stockholders in the annual report herein provided. The sufficiency of the surety offered in the bond aforesaid, shall be determined by the Secretary of State. Approved June 7, 1905. [No. 195.] AN ACT to amend section eight of chapter one of act two hundred forty-three of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to the establishment, opening, improvement and maintenance of highways and private roads, and the building, repairing and preservation of bridges within this State," approved June eight, eighteen hundred eighty-one, and being compiler's section number four thousand fortythree of the Compiled Laws of eighteen hundred ninetyseven, as amended by act number one hundred forty-two of the session laws of nineteen hundred one, entitled "An act to amend sections three, five and eight of chapter one, section ten of chapter eleven of act two hundred forty-three of the public acts of eighteen hundred eighty-one, entitled 'An act to revise and consolidate the laws relating to the establishment, opening, improvement, and maintenance of highways and private roads, and the building, repairing and preservation of bridges within the State,' approved June eight, eighteen hundred eighty-one," approved May twenty-one, nineteen hundred one. The People of the State of Michigan enact: amended. SECTION 1. Section eight of chapter one of act two hun- Section dred forty-three of the public acts of eighteen hundred eightyone, entitled "An act to revise and consolidate the laws relating to the establishment, opening, improvement and main Township board to hear proof, etc. Decision, how signed, where filed, etc. Dissatisfied party may appeal. Parties, how considered. Jurisdiction of circuit court. tenance of highways and private roads, and the building, repairing and preservation of bridges within this State," approved June eight, eighteen hundred eighty-one, being compiler's section number four thousand forty-three of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred forty-two of the session laws of nineteen hundred one, entitled "An act to amend sections three, five and eight of chapter one, section ten of chapter eleven of act two hundred forty-three of the public acts of eighteen hundred eighty-one, entitled 'An act to revise and consolidate the laws relating to the establishment, opening, improvement and maintenance of highways and private roads, and the building, repairing and preservation of bridges within this State,' approved June eight, eighteen hundred eighty-one," approved May twenty-one, nineteen hundred one, is hereby amended to read as follows: SEC. 8. The township board shall proceed at the time and place specified in the notice to hear the proof and allegations of the parties, and may examine persons on oath in respect to the matter of such appeal. Such decision shall be reduced to writing and signed by the board making the same, and filed in the office of the township clerk, and together with all other papers relating to such appeal shall be recorded as part of the record of the road. No commissioner from whose determination an appeal has been taken, and who may be a member of the township board, shall act on such appeal. Any party or parties, dissatisfied with the determination of such township board, either as to the value of the property taken or as to the determination upon the necessity for laying out, altering or discontinuing a highway, when the amount involved or damages claimed exceeds the sum of three hundred dollars, may appeal therefrom to the circuit court for the county in which said land is situated, and a return may be compelled and the same proceedings shall be had thereupon, as near as may be, and with a like effect as in cases of appeal from judgments rendered before justices of the peace, and the costs thereon awarded and collected in the circuit court in the same manner. And for the purposes of such hearing in the circuit court and for the taxation of costs, the parties signing the application in the first instance, shall be considered and treated in all respects as the plaintiffs on such trial, and he parties opposing such application, either as to the amount found to be the value of the property, or as to the necessity for laying out, altering or discontinuing such highway, shall be considered and treated in all respects as the defendants on such trial; and on perfecting said appeal the proceedings from which said appeal is taken shall be stayed and no further steps therein shall be taken until the determination or dismissal of said appeal; and the said circuit court shall also have full power and jurisdiction over said proceedings to hear and determine the same and render judg ment therein, as if the said proceedings had been originally |