페이지 이미지
PDF
ePub

Principal office, where kept.

of deputy.

SEC. S. The inspector shall keep a principal office in some one of the principal salt producing districts of this State, and the deputy inspector for the district, in which such office is located may occupy the same office. Such office shall be open at all times during business hours. All the books, records and accounts shall be kept in such office, and each Monthly report deputy inspector shall, at least once in each month, make a written report, by mail or otherwise, to the inspector, of salt inspected by him, during the month, stating for whom, and the quality and quantity thereof. Abstracts of these reports shall be entered in books for that purpose. Said inspector shall, in proper books, keep a complete record and account of all his transactions, and such books shall also be open for the examination of all persons wishing to examine same during office hours.

Approved June 20, 1905.

Unlawful to fish

except with hook and line.

Proviso.

Penalty for violation.

[No. 324.]

AN ACT to prohibit the taking or catching of fish with net or other device of any kind, except hook and line, from a part of Thunder Bay, Lake Huron, to prescribe a penalty for violations thereof, and to repeal all acts or parts of acts inconsistent herewith.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any person to catch or take fish of any kind with net, or other device of any kind, except hook and line, from that part of Thunder Bay in Lake Huron, lying inside, or south and west of a straight line extending from the mouth of Thunder Bay river to the center of Sulphur island; thence south and west to the north and south line between sections twenty and twenty-one in township twenty-nine north, of range nine east, in the State of Michigan, where said line intersects the waters of the said lake, excepting therefrom that part of said Thunder Bay in front of sections two, eleven and twelve in township twentynine north, of range eight east, and sections thirty-four and thirty-five in township thirty north, of range eight east: Provided, That no net or other device of any kind, except hook and line, shall be used by any person to take or catch fish in that part of the waters of said Thunder Bay within onehalf mile of the mouth in any direction of any stream that discharges its waters into that portion of said Thunder Bay.

SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction of such offense shall be punished by a fine of not more

than one hundred dollars, or by imprisonment in the county jail of Alpena county or the Detroit house of correction for not more than ninety days, or by both such fine and imprisonment with costs of prosecution in the discretion of the court.

SEC. 3. Any and all acts or parts of acts in anywise con- Repealing clause. travening the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.

Approved June 20, 1905.

[No. 325.]

AN ACT to provide for the submission to the qualified electors, of the question of calling a convention for the purpose of making a general revision of the constitution.

The People of the State of Michigan enact:

submitted.

SECTION 1. At a special election to be held on the first Mon- Question, when day in April, in the year nineteen hundred six, the question of calling and holding a convention for the purpose of making a general revision of the constitution pursuant to the provisions of section two of article twenty of the constitution, shall be submitted to the electors of the State qualified to vote for members of the legislature.

conducted, etc.

SEC. 2. The election provided for by this act shall be con- Election, how ducted in the same manner and by the same officers, and netices of the time and place shall be given as by existing laws provision is made for holding a general election in the State in the month of November in each second year; and the inspectors of election shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election.

SEC. 3. The Secretary of State is hereby required to certify Secretary of state to certify the question of the general revision of the constitution to the question to clerks of the several counties of this State at least fifteen county clerks. days previous to the said election in the same manner as is now provided by law for the certification of constitutional amendments, and to give notice of the same to the sheriffs of Notice to the several counties as provided by law.

sheriffs.

separate.

SEC. 4. The ballots, upon which the question of the general Ballots to be revision of the constitution shall be submitted to the qualified electors of the State, shall be separate and distinct from any and all ballots containing the names of nominees for public office or relating to amendments to the constitution, and shall be as follows:

Form.

By whom

printed, to whom furnished, etc.

Votes, how canvassed.

GENERAL REVISION OF THE CONSTITUTION.

Shall a convention for the purpose of a general revision of the constitution be held?

Yes []

Shall a convention for the purpose of a general revision of the constitution be held?

No []

Said ballots shall be printed by the board of election commissioners of the several counties and shall conform in all respects to the provisions of law relating to the submission of amendments to the constitution, and shall be delivered to the board of election inspectors at each voting precinct in this State and it shall be their duty to see to it that each elector is furnished with a ballot relative to the calling of such convention, for the purpose of making a general revision of the constitution, and to inform such elector of the nature and purpose of it, and each elector shall be required on coming out of the booth to produce and hand to such inspector the ballot relating to such revision, who shall place the same in the box prepared for that purpose. All votes cast therefor shall be taken, counted, canvassed and returned as provided by law for the election of a justice of the Supreme Court. Approved June 20, 1905.

Sections amended.

When suit to be prosecuted to recover lands,

[No. 326.]

AN ACT to amend sections sixteen and seventeen of chapter seventy-one of the revised statutes of eighteen hundred forty-six, entitled "Of the inventory and collection of the effects of deceased persons," the same being sections nine thousand three hundred sixty-three and nine thousand three hundred sixty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Sections sixteen and seventeen of chapter seventy-one of the revised statutes of eighteen hundred forty-six, entitled "Of the inventory and collection of the effects of deceased persons," being sections nine thousand three hundred sixty three and nine thousand three hundred sixty-four of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended so as to read as follows:

SEC. 16. When there shall be a deficiency of assets in the hands of an executor or administrator, and when the deceased etc., fraudulently shall in his lifetime have conveyed any real estate, or any conveyed by deceased. right or interest therein, with intent to defraud his creditors,

or to avoid any right, debt or duty of any person, or shall have so conveyed such estate, or so caused the same to be conveyed, that the deeds of conveyance are void as against creditors or so that the grantee of such estate is in equity a trustee for the benefit of creditors, the executor may, and it shall be his duty to commence and prosecute to final judgment any proper action or suit at law or in chancery for the recovery of the same, and may recover, for the benefit of the creditors, all such real estate, and may also and it shall be his duty to sue in any proper action at law or in equity and recover for all goods, chattels, rights, credits or assets of any kind which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance or which may have been so conveyed or caused to be conveyed, that the conveyance is void as against creditors, or so conveyed or caused to be conveyed that in equity the grantee is a trustee for the benefit of the creditors of the deceased.

prosecute, except

creditors.

executor refuses

to prosecute.

SEC. 17. No executor or administrator shall be bound to Executors, etc., sue for such estate as mentioned in the preceding section for not bound to the benefit of the creditors unless on application of a creditor by order of or creditors of the deceased, nor unless the creditor or creditors making the application shall pay such part of the cost or expenses, or give such security to the executor or administrator therefor as the probate court shall deem just and equitable: Provided, That in case any executor or administrator Proviso: When after application of any creditor and an offer by such creditor to pay or secure to such executor or administrator such portion of the costs or expenses as the probate court may deem reasonable, shall refuse or neglect to sue for such estate or to prosecute such suit, then such creditor upon filing a bond in such sum and with such sureties as shall be approved by the judge of probate, conditioned to save such executor or administrator harmless from the whole of the costs and expenses of such proceedings in case of failure to recover, may sue and recover such estate in the name of such executor or administrator and for the benefit of the creditors of such estate: Pro- Further proviso. vided further, That in case suit is brought by a creditor in the name of the executor or administrator as well as when brought

court expenses.

by the executor or administrator individually, the court shall Payment of order the reasonable costs and expenses of the proceedings paid from the fund or estate recovered, if any, before any distribution of the same shall be made to creditors. Approved June 20, 1905.

64

Persons living in bigamous relations, not to

[No. 327.]

AN ACT to prevent persons who have lived in bigamous relations from inheriting property from their lawful spouses or receiving property from their estates.

The People of the State of Michigan enact:

SECTION 1. No person who, at the time of the death of the lawful husband or wife of such person, was or shall be living inherit property. with another person, within or without the State, pursuant to a purported marriage, but in fact in a bigamous relation, shall inherit or take any estate, right or interest whatever, by way of dower, allowances, inheritance, distribution, or otherwise, in the property or estate, real or personal, of the deceased.

Order determining heirs, how made.

SEC. 2. In any order determining heirs, or of distribution, hereafter to be made, if it shall appear to the probate court that the surviving spouse was thus living in bigamy at the time of such death, whether the death occurred before or after the passage of this act, such order shall be made in all respects as if such spouse had not survived. Approved June 20, 1905.

How and when corporations may extend corporate existence.

[No. 328.]

AN ACT to provide for the extension of the corporate life of corporations, organized under the laws of this State, whose term of existence would otherwise expire, and to fix the rights, duties and liabilities of such renewed corporations.

The People of the State of Michigan enact:

SECTION 1. Any corporation, organized under the general laws of this State, except those whose reorganization or extension is provided for by existing laws, whose term is about to expire by limitation, may at any time within two years next preceding the expiration of such term, by a vote of at least two-thirds of its capital stock at any annual meeting or at any special meeting of its stockholders called for that purpose, and in case the corporation has no capital stock by a majority vote of the members thereof, direct the continuance of its corporate existence for such further term, not exceeding thirty years from the expiration of its former term, as may be expressed in a resolution for that purpose. Upon the adop tion of such resolution by the stockholders voting in person or by proxy, duly filed, at the annual meeting or any special meeting called in accordance with the by-laws of the corpora

« 이전계속 »