Shall permit ministers to ister sacrament. exceed ten years, real estate, which may be conveyed or devised to it or to said trustees to be sold and the proceeds to be used in any way for the benefit of said church, as directed in the conveyance or will. Said corporation shall preach and admin- at all times permit such ministers belonging to the Wesleyan Methodist church, as shall from time to time be duly authorized by the general conference of said connection (or church) or by the annual conference, within whose bounds the said corporation may be, to preach and expound God's Holy Word therein; and shall permit pastors duly appointed to execute the discipline of the Wesleyan Methodist connection, and to administer the sacraments therein. May alter and amend articles. SEC. 10. It shall be lawful for any church organized under the provisions of this act, by a two-thirds vote of the members of the same, who are present and voting, to alter and amend its articles of association, or its by-laws, in any manner not inconsistent with the provisions of this act, or the discipline of the Wesleyan Methodist connection; and such When operative. alteration or amendment shall become operative when twothirds of the voting members present shall authorize the board of trustees to execute and acknowledge the amended article or articles in the same manner as stated for the original articles, and the same has or have been recorded, or left for record, in the office of the county clerk as provided in section four of this act. Who may authorize sale or mortgage of real estate. Proceeds, how used. SEC. 11. When it shall become necessary for the payment of debts, or with a view to re-investment, to make a sale or mortgage of any real estate belonging to said church, the members of the church, by a two-thirds majority of the same, who are present and voting, may authorize a sale or mortgage of said real estate by the trustees of said church, who, when so authorized, may sell and convey or mortgage said property, and with the proceeds of such sale or mortgage pay the debts of such corporation, or re-invest the said proceeds by the purchase or improvement of other property for the same uses and deeded to the corporation in the same manner as provided in section nine of this act, as said trustees may be Where title directed by the church. In all cases where property belonging to any church incorporated under the provisions of this act has been abandoned and is no longer used for the purpose for which said property was acquired, or said corporation has dissolved, or has ceased to exist, the title to said property belonging to said corporation, together with all property rights which were in such corporation at the time it was dissolved, shall pass to the annual conference within the bounds of which said property is located, and said annual conference may proceed as in section seven of this act. Corporations may SEC. 12. Any Wesleyan Methodist church heretofore inprovisions of this corporated, or the trustees of which have heretofore exercised the powers of a body corporate, may by a two-thirds vote of the members of the society, present and voting, place itself under the provisions of this act, the same as if originally in vested after abandonment or dissolution. come under the act. corporated under it, by two-thirds of the members present and voting executing articles of association as provided in section three of this act, and recording the same, as provided in section four of this act. affect provisions SEC. 13. In all proceedings or suits that may arise, or be Other acts not to brought in any of the courts of this State, touching, or in of this act. any way concerning churches that may be incorporated under this act, or which by vote of the members of the society thereof may have placed themselves under its provisions, all other acts or parts of acts inconsistent herewith shall be interpreted and construed in such manner as to give full force and effect to all the provisions of this act, and to all the rights and privileges granted by this act to churches incorporated or placed thereunder. evidence of SEC. 14. It is further provided that the execution by the Prima facie acting trustees of said corporation, in proper form, of any appointment deed, mortgage, note, bond, or other obligation or contract of of trustees. said corporation, shall be prima facie evidence of the proper appointment of said trustees, and that the necessary steps have been taken to give them full authority to make such transaction. istence, how how attested. SEC. 15. Any corporation organized under the provisions Corporate exof this act, whose corporate existence is about to expire by may extend. limitation, may extend its corporate existence from time to time for a term not exceeding thirty years, by causing to be recorded in the office of the clerk of the county where such corporation is located, a copy of a resolution expressing a desire to so extend its corporate existence, which resolution shall be adopted by such corporation at a meeting called for the purpose by the pastor of the church. When such reso- Resolution, lution is left for record with the clerk of the county, within which said corporation is located, it shall be duly attested by the pastor of the church. Upon the leaving of such resolution for record, as above specified, with the attestation as above specified, the corporate existence of such body shall be extended in accordance with the terms of such resolution for a term not exceeding thirty years from the date of the expiration of its former term, and all rights of property and of contract shall remain unimpaired and the corporate identity of such body shall remain unchanged. This act is ordered to take immediate effect. Section amended. Directors may call in subscriptions to capital stock. to contain, etc. tions to bear interest. [No. 28.] AN ACT to amend section eighteen of act number one hundred thirteen of the public acts of Michigan for the year eighteen hundred seventy-seven, entitled "An act to revise the laws providing for the incorporation of companies for mining, smelting and manufacturing iron, copper, silver, mineral coal, and other ores or minerals, and to fix the duties and liabilities of such corporations," as amended by act number two hundred thirty-three of the public acts of Michigan for the year nineteen hundred three, being section seven thousand eight of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section eighteen of act number one hundred thirteen of the public acts of Michigan for the year eighteen hundred seventy-seven, entitled "An act to revise the laws providing for the incorporation of companies for mining, smelting and manufacturing iron, copper, silver, mineral coal, and other ores or minerals, and to fix the duties and liabilities of such corporations," as amended by act number two hundred thirty-three of the public acts of Michigan for the year nineteen hundred three, being section seven thousand eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 18. The board of directors may call in the subscriptions to the capital stock of any corporation existing hereunder, by installments, in such portions and at such times as Notice of, what said board of directors shall think proper. Notice of such calls shall be given in the manner prescribed in the by-laws. The board of directors may specify when such calls shall be due and payable, in the absence of any such provision in the When subscrip- by-laws. In case any stockholder fails to pay any such call or assessment made on his stock, for the space of sixty days after the same is due and payable, and after he has been notified in the manner prescribed in the by-laws, or by the board of directors, the same shall bear interest at the legal rate from the time it was due and payable, and the stock of such delinquent stockholder may be sold for the amount of such assessment and the interest thereon and the costs and expenses of the sale thereof by order of the board of directors, at public vendue, to the highest bidder, at the business office of the corporation specified in the articles of association either within or without the limits of the State, and thirty days' notice of the time and place of sale shall be given by publication in some newspaper published in the county in which such sale is to be made or if no newspaper be published therein, then in some newspaper published in an adjoining county, and also in the county where the mine, or manufac When stock may be sold to highest bidder. Notice of sale, how given. Upper Peninsula. Further proviso of Lower turing or smelting works of the corporation are situated, within this State, or if no newspaper be published therein, then in some newspaper published in an adjoining.county, by at least four weekly insertions in such newspaper immediately preceding such sale: Provided, That if such stock is Proviso, as to owned by a resident of the Upper Peninsula it must be sold stockholder of in the county in said Upper Peninsula where the mine or manufacturing or smelting works of the corporation are situated, or in the county in the Upper Peninsula where the business office is located: And provided further, That if such stock is owned by a resident of the Lower Peninsula, as to stockholder it shall be sold at the office of the corporation in the Lower Peninsula. Peninsula, if any, and if none, then in the city of Detroit; and in all cases of the sale of stock of residents of this State, thirty days' notice of the time and place of such sale shall be given in some newspaper published in the county where such sale is to be made; and if no newspaper is published therein, then in some newspaper published in an adjoining county, by at least four weekly insertions immediately preceding such sale. The proceeds of any sale under this sec- Proceeds, how tion, after deducting the necessary expenses of sale, shall be first employed in payment of the installment called for, and the interest and expenses on the same, and the residue shall be refunded to the owner thereof; and such sale shall entitle the purchaser to all the rights of a stockholder to the extent used. of the shares so bought. The corporation may be a purchaser Corporation may at any such sale. No sale of any delinquent stock shall be purchase. made under this section if the delinquent stockholder shall, When sale not to before the time of such sale, pay to the corporation the be made. amount of the assessment and the interest thereon, and in addition thereto, in all cases where publication of notice of such sale is commenced, his pro rata share of the entire costs and expenses of the sale of all stock delinquent for such assessment. Approved March 23, 1905. [No. 29.] AN ACT to prohibit catching or taking fish in Cass river, Tuscola county, in any other manner than with hook and line. The People of the State of Michigan enact: hook and line. SECTION 1. It shall not be lawful for any person or per- Unlawful to take sons to take, catch or kill any fish in Cass river, Tuscola except with county in this State, with a spear, net, grab hook, or by the use of jacks or artificial lights, or any kind of fire arms or Penalty for violation. Prima facie evidence of guilt. explosive material, set lines or other device except hook and line. SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed twenty-five dollars and costs of prosecution, or imprisonment in the county jail not to exceed thirty days. SEC. 3. In all prosecutions under 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 river, with spear, net, trap net, jack, set lines or artificial light of any kind, or with dynamite, giant powder or any explosive substance or with combination of substances. This act is ordered to take immediate effect. Lawful to take by net in certain months. Proviso. [No. 30.] AN ACT to provide for the lawful taking of cisco fish in the waters of Lake Michigamme, in Marquette county. The People of the State of Michigan cnact: SECTION 1. It shall be lawful for any person, from October fifteen to November fifteen, both inclusive, to take cisco fish in the waters of Lake Michigamme, in Marquette county, by means of a hand dip net, not over two feet square: Provided, That the taking of such cisco fish shall in no way interfere with or destroy other fish protected under the laws of this Further proviso. State: And provided further, That the meshes in said nets authorized to be used under the provisions of this act shall, in no case, be less than one and one-half inches. Unlawful to sell. SEC. 2. Any cisco fish taken lawfully in Lake Michigamme, between the dates hereinbefore provided, may be retained by the person or persons so taking them, but shall not be sold or offered for sale. This act is ordered to take immediate effect. |