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acts of eighteen hundred ninety-nine and the amendments thereof, and from such other information as may be obtained by said board or the members thereof from any other source, according to their best knowledge and judgment, to ascertain and determine the true cash value of all property of the State, other than that included upon said assessment roll, upon which ad valorem taxes are assessed for State, county, township, school and municipal purposes for the current year, and shall enter the same upon its records forthwith, and not later When to than the fifteenth day of January in each year, the said Board average rate of Assessors shall ascertain and determine the average rate of of taxation. taxation levied upon such other property for the then current year by dividing the aggregate amount of ad valorem taxes levied upon such other property in the State for such purposes, as shown by the reports required by the preceding section, by the aggregate true cash value of such other property of the State, as determined by said Board, which said rate so arrived at and determinerl shall be entered upon the records of the board: Provided, That at the sessions of said board pro. Proviso, as to vided for in section eleven of this act said board shall review cash value and said computation of the average rate and also said determina- average rate tion of the true cash value of such other property in the State, and any corporation whose property is assessed upon the assessment roll prepared by said board or any other person or the State shall have the right to appear by representative at any of the sessions provided for in said section eleven and be heard as to the determination of said board of the true cash value of such other property in the State, and said State Board of Assessors may, upon application by any such corporation or representative, or on its own motion, correct its determination of the true cash value of such other property in the State, and correct its computation of the average rate.
Sec. 14. Said board shall tax the property of the several To tax property companies as assessed by it at the rate as determined by it, and assessed. the amount of tax to be paid by each of said companies shall be extended upon said assessment roll, opposite the descriptions of their respective properties. After the completion of When tax roll to said tax roll, and prior to the first day of March, in each year, the said board shall attach thereto a certificate, signed by the members of the board, or a majority thereof, which shall be as follows: "We do hereby certify that we have set down in Form of the above assessment roll, all the property of railroad companies, express companies, union station and depot companies, car loaning, stock car, refrigerator and fast freight line and other car companies, and sleeping car companies, liable to be taxed in this State, according to our best information, and that we have estimated the same at what we believe to be the true cash value thereof, and that we have assessed the taxes thereon at the average rate of taxes for State, county, township, school, municipal and other purposes, levied through the State during the present year, as determined by us. The said Tax roll delivered tax roll shall thereupon be forthwith delivered to the Auditor General.
of companies as
be certified to.
When taxes payable.
General, who shall immediately notify by registered mail the several companies taxed thereon to pay the taxes extended thereon to the State Treasurer. The said taxes shall be payable on the first day of April, following the assessment and levy thereof, and shall be in lieu of all taxes for State and local purposes, not including special assessments on property
particularly benefited, made in any county, city, village or When taxes to township. All taxes not paid before the first day of May in bear interest.
the year in which the same are payable shall bear interest at Taxes to be a lien the rate of one per cent per month thereafter. The taxes so upon property.
extended against said companies shall become forthwith a debt from each of said companies to the State and shall consti. tute a lien upon all the property of said companies, real, personal and mixed, which lien shall take precedence of all demands, judgments, assignments by warranty deed or otherwise, or decrees against said companies, which lien and debt may be enforced by seizure, or sale of said property or such portion thereof as may be necessary to satisfy the same, as
hereinbefore provided. The State Board of Assessors shall, a warrant to roll; what to command. upon the completion of said roll and the correction herein
before provided for, annex to said roll a warrant, signed by the said State Board, or a majority of them, commanding the Auditor General to collect the several sums mentioned in the last column of such roll, and being the sum for which the said company was assessed and was liable to pay for a tax upon its property, under the provisions of this act for the purposes provided for in this act; and the said warrant shall authorize and command the Auditor General, in case any corporation named in the assessment roll shall neglect or refuse to pay its tax, to levy the same by distress and sale of the properties of said corporation, or such portion thereof as shall be necessary to raise sufficient money to satisfy said tax and the expense of said sale, after giving the same notice of said sales as pro
vided for in the general laws of this State, for the sale of Proviso as to property seized for taxes, and offered for sale: Provided, He enforcement of lien. may bring an action in the name of the people of the State of
Michigan in any court of competent jurisdiction in the State of Michigan, or in any other state, for the enforcement of said lien, and upon the recovery of judgment or decree therein, the same may be collected by execution, levy and sale, as in other
cases, upon judgments in courts of record. When board to Sec. 15. If any court of competent jurisdiction shall ad. redctermine and reascertain judge that any tax levied under the provisions of this act is average tax rate. illegal on account of any irregularity or informality in the de
termination of average rate of taxation required to be ascer. tained and determined by said State Board of Assessors, or for the reason that such average rate has not been ascertained and determined according to law, it shall be the duty of said State Board of Assessors, whether any part of the taxes assessed and levied has been paid or not, to redetermine and reascertain the average rate of taxation throughout the State in accordance with law, and when such redetermination and
reascertainment has been had, to make a duplicate of the Make duplicate original assessment roll and to extend the taxes thereon ac- and extend taxes. cording to such redetermined and reascertained average rate, and when such duplicate roll has been made and the taxes extended thereon in the manner provided in this section, it shall be of the same force and effect as an original assessment made in accordance with law. All proceedings on the re- Method of determination and reascertainment of such average rate and redetermination. for the extension and collection of taxes upon said duplicate assessment rolls shall be conducted in the method originally provided for, so far as may be. Whenever any sum or part Payments, thereof levied upon any property subject to taxation under bow applied this act, so set aside, has been paid and not refunded, the pay. ment so made shall be applied upon the reassessment upon said property, and the reassessment to that extent shall be deemed to be satisfied.
Sec. 16. No tax assessed upon any property and no aver- When tax age rate determined by said State Board of Assessors as here assessment and inbefore required, shall be held invalid by any court of this to be held invalid State on account of any irregularity in any assessment, or on account of any assessment or tax roll not having been made or proceeding had within the time required by law, or on account of the property having been assessed without the name of the owner, or in the name of any corporation or person other than the owner, or on account of any other irregularity, informality or omission, if the method and manner of ascertaining and determining the average rate of taxation on property in this State is in accordance with the constitution and statutes of this State.
Sec. 17. All taxes collected under this act shall be applied Taxes collected, in paying the interest upon the primary school, university and how applied. other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such taxes shall be added to and constitute a part of the primary school interest fund; and such taxes as are collected under the provisions of this act shall be treated and disbursed as specific taxes are now treated and disbursed: Provided, however, That if any of the corpora- Proviso as to tions, companies or associations herein named were not paying companies. specific taxes to this State on November six, A. D. nineteen hundred, the tax collected from such corporations, companies, or associations under this act shall be paid into and become a part of the general fund of the State.
Sec. 18. Nothing herein contained shall be deemed a waiver Act not to effect or affect the collection of the specific taxes required to be paid specific taxes of by the companies hereby affected, on the first day of July in
1904. the year nineteen hundred four, under the general laws upon the property or business of such companies operated within this State. The existing laws providing for the collection of such specific taxes shall be continued in force until the collec
Misdemeanor, when members guilty of a.
Forfeiture for bribery.
tion and payment of all taxes levied thereunder for the year nineteen hundred four and previous years.
Sec. 19. If said board shall wilfully assess any property at more or less than what the menubers taking part in making such assessment believe to be its true cash value, the members voting in favor of such assessment shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine not exceeding five thousand dollars each.
Sec. 20. If any person, company, association or corporation whose property is subject to assessment under this act shall directly or indirectly promise, offer or give to any member of said board, during his term of office, or to any other person at his request, any gratuity of any kind whatever, such person or corporation shall forfeit to the State the sum of ten thousand dollars for each such offense, to be recovered in an action in the name of the people of the State of Michigan, in any court of competent jurisdiction. And the recovery of such fine under this act shall not constitute a bar to any prosecution of the person or corporation so offending under the criminal laws of this State.
Sec. 21. All other acts or parts of acts, whether contained in any acts for the incorporation of railroad companies, union station and depot companies, express companies, car loaning companies, stock car companies, refrigerator car companies, sleeping car companies, and fast freight line companies, or in any other law of this State, so far as such acts or parts of acts are inconsistent with this act, and no further, are hereby repealed, except as herein expressly stated: Provided, howerer, That all rights which the State now has under any of said acts, for taxes or penalties, shall not in any way be affected by this act, and shall not constitute a bar to any prosecution or recovery on account of such taxes or penalties.
Approved June 16, 1905.
Recovery not a bar to criminal prosecution.
AN ACT to authorize the formation of corporations for the
purpose of damming, excavating, constructing and maintaining water courses with water power appurtenant thereto, for accumulating, storing, manufacturing, conducting, using, selling, furnishing and supplying water and water power, electricity and electric power, and all and every kind of power for mining, milling, manufacturing, domestic, municipal and agricultural purposes, and for the purpose of transportation and for all other purposes in the Upper Peninsula of Michigan.
The People of the State of Michigan enact:
SECTION 1. That any number of persons may form them- Purposes for selves into a corporation for the purpose of damming any incorporate stream or streams, and of excavating and constructing, maintaining, repairing and improving any stream or canal already existing, or which they may wish to excavate and construct, with water power appurtenant thereto, and may own, lease, use and control the same for the purpose of accumulating, storing, manufacturing, conducting, using or selling, furnishing and supplying water and water power, electricity and electric power, and all and every kind of power for any and all purposes, and may acquire, hold, lease and convey lands or water power, as may be necessary or convenient for the purposes above specified in the Upper Peninsula of Michigan, by complying with the following requirements. SEC. 2. Such persons, under their hands and seals, shall Certificate, what
to specify, etc. make a certificate which shall specify:
First, The name of the corporation;
Second, A statement of the amount of capital stock of such company, and the number of shares into which the capital stock shall be divided;
Third, The county or counties within this State in the Upper Peninsula thereof, in which such canal is to be excavated and constructed, and the operations of said company carried on;
Fourth, The business and object of said company in general terms;
Fifth, The names and places of residence of the stockholders, and the number of shares held by each of them respectively;
Sixth, The names of the first directors, being not more than seven and not less than three;
Seventh, The place in this State where their office for the transaction of business is located;
Eighth, The term of existence of such corporation, which certificate shall be acknowledged as deeds are required to be acknowledged, and recorded in the office of the clerk of the county in which the office of said company for the transaction of business is located, and a copy thereof filed in the office of the Secretary of State.
Sec. 3. Upon complying with the provisions of the last Body corporate preceding section such company shall be a body corporate by the name designated in said certificate, and shall be subject to and governed by all the general provisions relating to corporations embraced in chapter two hundred thirty of the Compiled Laws of the State of Michigan, now in force, so far as the same shall be applicable thereto.
Sec. 4. The business and property of such company shall Board of be managed and directed by a board of not less than three nor election, etc. more than seven directors, who shall be elected annually, and at such time and place as the by-laws of said company may