In case no funds for payment. Proviso. Reward limited in one year. Proviso. Proviso. Appropriation. Expenses; state reward fund. specifications asked for, and provided there are any funds in the State treasury not yet allotted, appropriated for State reward for roads, he shall make the allotment, and providing the fund appropriated for State reward, shall have all been allotted, then the allotment shall be made as soon as there shall be available funds in the State treasury. When any township or townships acting conjointly on boundary line roads or any county or counties acting conjointly on boundary line roads has built a mile or more of such road as is hereinafter described, and when inspected by the State Highway Commissioner, or by some one acting under authority of the commissioner is found to be up to the required standard, he shall providing there are funds in the State treasury for the paying of this reward verify the same to the Auditor General of the State, who shall draw a warrant upon the State Treasurer, payable to the proper authorities in such township or county or townships or counties for the amount of reward due them, for the amount and class of road built. And providing there are no funds in the State treasury for the paying of such reward, as soon as sufficient moneys shall become available, the State Highway Commissioner shall verify the same to the Auditor General, who shall draw his warrant as above set forth: Provided, That the road shall be kept in as good condition as when approved by the commissioner, until the payment of the reward thereon. SEC. 11. No claim for State reward for improved roads. of over two miles in any one township in any one fiscal year shall be allowed by the State Highway Commissioner: Provided, however, If any township or county shall have raised money by tax or by sale of bonds to build a mile or more of road such as merits State reward, and the road shall be built and approved by the State Highway Commissioner, and this road is kept in as good condition as when approved by the commissioner, such township or county shall have its application number remain upon the books of the department and draw from the State reward fund each year, until such time as the township or county has received the amount due for the class and amount of road built: Provided, Money has been appropriated for State reward. In case the road building money was raised by the sale of bonds, the State reward money shall be used only for the payment of the principal of the bonds. SEC. 16. To carry out the provisions of this act, there is hereby appropriated for the fiscal year ending June thirty, nineteen hundred eight the sum of one hundred ten thou sand dollars and for the fiscal year ending June thirty, nineteen hundred nine the sum of one hundred sixty thousand dollars; of which ten thousand dollars each year constitutes the sum to be used for the running expenses of the department, and the balance constitutes the State reward fund, for encouraging the improvement of the public wagon roads. Any moneys remaining in either or both of these funds at the close of any fiscal year, shall, by the Auditor General be carried over and added to the funds which become available for the year following. SEC. 17. The Auditor General shall add to and incorpo. Tax clause. rate in the State tax for the year nineteen hundred seven the sum of one hundred ten thousand dollars, and for the year nineteen hundred eight the sum of one hundred sixty thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. [No. 310.] AN ACT to amend act two hundred six of the public acts of nineteen hundred one, entitled "An act to prescribe the terms and conditions on which foreign corporations may be admitted to do business in Michigan," as amended by act thirty-four of the public acts of nineteen hundred three. The People of the State of Michigan enact: SECTION 1. Act two hundred six of the public acts of Act nineteen hundred one, entitled "An act to prescribe the amended. terms and conditions on which foreign corporations may be admitted to do business in Michigan," as amended by act thirty-four of the public acts of nineteen hundred three, is hereby amended to read as follows: authority before cer SEC. 1. It shall be unlawful for any corporation organ- Certificate of ized under the laws of any state of the United States, ex required. cept the State of Michigan, or of any foreign country, to carry on its business in this State, until it shall have procured from the Secretary of State of this State a certificate of authority for that purpose. To procure such certificate Provisions of authority every such foreign corporation or association required shall comply with the following provisions: It shall file and tificate issued. record in the office of the Secretary of State a certified copy of its charter, or articles of incorporation, and file evidence of appointment of an agent in this State to accept service of process on behalf of said corporation, and shall pay to the Secretary of State the requisite filing, recording and franchise fees. Such corporation, by its president, secretary, treasurer and superintendent, or any two of them shall make and file with the Secretary of State a statement duly sworn to by at least two of such officers, in such form as the Determination capital stock. Right of hearing. Secretary of State may prescribe, containing the following facts: First, The location of its principal office and its principal place or places of business, and the names and addresses of its principal officers; Second, The location of its principal office and the principal place of business in Michigan, and the name and addresses of the officers or agent of the company in charge of its business in Michigan; Third, The total value of the property owned and used by the company in its business, giving its location and general character and stating separately the value of its tangible property, of its cash and credits, its franchises, patents, trademarks, formulas, good will; Fourth, The value of the property owned and used in Michigan and where situated; Fifth, The total amount of business transacted during the preceding year and the amount of business, if any, transacted in Michigan; Sixth, Such other facts bearing on the matter as the Secretary of State may require, including a statement of the particular purpose, or the particular kind of business for which the company desires admission to this State. SEC. 2. From the papers so filed and the facts so reported of authorized and any other facts coming to his knowledge bearing upon the question, the Secretary of State shall determine the proportion of the authorized capital stock of the company represented by its property and business in Michigan. Any such corporation shall have the right on application, to be heard by the Secretary of State touching the matter of the determination of the proportion of its capital stock repre sented by property used and business done in Michigan. Any corporation aggrieved by the decision of the Secretary of State, may, within ten days, appeal to a board of appeal consisting of the Auditor General, State Treasurer, and Attorney General, whose decision in the matter shall be final. Right of appeal. Franchise fee. Term of corporate existence. SEC 3. Such company shall pay to the Secretary of State a franchise fee of one-half a mill on each dollar of the proportion of its authorized capital stock represented by the property owned and used and business transacted in Michigan, determined as above provided. And in case such corporation is not at the time of admission carrying on any business outside of Michigan, it shall pay a franchise fee on its entire authorized capital stock. But such fee shall in no case be less than twenty-five dollars. SEC. 4. When such corporation has fully complied with the provisions of this act, the Secretary of State may issue to such corporation a certificate of authority to carry on such business in this State, during the period of its corpor purpose and ate existence, but not exceeding thirty years: Provided, Proviso as to That no such foreign corporation shall be permitted to object of transact business in this State unless it be incorporated in incorporation. whole, or in part, for the purpose or object for which a corporation may be formed under the laws of Michigan, and then only for such purpose or object. And the Secretary of State shall in the certificate which he issues state under what act such corporation is to carry on business in this State, and such corporation shall have all the powers, rights and privileges and be subject to all the restrictions, requirements and duties granted to or imposed upon corporations organized under such act: Provided further, That the carry- Proviso as to ing on in this State by such corporation, of business for which it has not been so admitted, or failure to fully comply with the requirements of the act under which it has been so admitted, shall be sufficient cause for revoking the certificate of authority to do business in this State, and the Secretary of State may revoke such certificate and shall promptly notify such corporation of such revocation and the reasons therefor by notice sent by mail to the home office of such corporation. revocation of certificate. of capital filed on re Section 5. Every corporation which has paid a franchise Certificate fee and been admitted to do business in this State, which of increase shall thereafter increase its authorized capital, or shall in- stock. crease the proportion of its capital stock, represented by property used and business done in Michigan, shall within thirty days after such increase file an additional statement with the Secretary of State, and pay an additional franchise fee of one-half of one mill on each dollar of the amount of increase of its capital stock represented by property owned and business done in Michigan. And any such corporation, Statement shall at any time when requested by the Secretary of State, quest of file an additional statement, under oath of at least two of Sec'y of its officers, showing the proportion of its property used and business transacted in Michigan. Every corporation sub- Penalty for ject to the provisions of this section which shall neglect or comply with fail to comply with its requirements, shall be subject to a requirements. penalty of not less than one hundred dollars nor more than one thousand dollars for every month that it continues to transact business in Michigan, without complying with the requirements of this section, to be recovered by action in the name of the people of the State of Michigan in any court of competent jurisdiction. State. failure to SEC. 6. No foreign corporation, subject to the provisions Validity of of this act, shall be capable of making a valid contract in contracts. this State until it shall have fully complied with the requirements of this act, and at the time holds an unrevoked certificate to that effect from the Secretary of State. act as agent ized company. SEC. 7. It shall be unlawful for any person to act as agent Unlawful to for any foreign corporation not authorized to do business in of unauthorthis State or in any manner to aid in the transaction of the business of such unauthorized foreign corporation in this State. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars for each offense and in default of payment of such fine, shall be imprisoned in the county jail for a period of not less than thirty days nor more than one year, or he may be punished by both such fine and imprisonment at the discretion of the court. SEC. 8. The provisions of this act shall not be applicable to such foreign corporations as are permitted to do business in this State by license issued by the Commissioner of Insurance, or by the State Treasurer, according to the provisions of law. Nor shall this act be construed to prohibit any sale of goods or merchandise which would be protected by the rights of interstate commerce. SEC. 9. The term "corporations" as used in this act shall be construed to include all associations, partnership associations and joint stock companies having any of the powers or privileges of corporations, not possessed by individuals or partnerships, under whatever term or designation they may be defined and known in the state where organized. Approved June 28, 1907. Unlawful to kill, etc., for 5 years. Penalty for violation. [No. 311.] AN ACT for the protection of Perdix Cinerea, commonly called European partridge, within the State of Michigan. The People of the State of Michigan enact: SECTION 1. For a period of five years from and after the passage of this act, it shall be unlawful to kill, capture, injure or destroy any Perdix Cinerea, commonly called European partridge, within the State of Michigan. SEC. 2. Any person who shall be found guilty of violating the provisions of this act shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and costs of prosecution for each offense, or in default of payment of such fine and costs shall be confined in the county jail or Detroit House of Correction, until such fine and costs be paid, but not for more than ninety days. This act is ordered to take immediate effect. Approved June 28, 1907. |