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exempt.

taxes collected.

SEC. 18. Said board shall not include in its assessment Property against said companies any property already assessed upon its value for taxation under any other law in this State. SEC. 19. All taxes collected under this act shall be applied Application of in paying the interest on the primary school, university and other educational funds, and the interest and principal of the State debt, in the order recited, until the extinguishment of the State debt other than the accounts 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 other specific taxes are now treated and disbursed.

and prepare

SEC. 20. It shall be the duty of said board to make and pre- Board to make pare an assessment roll setting forth the valuation and assess- assessment ment and the taxes assessed upon all property to be assessed roll. and taxed under the provisions of this act, and to file the same with the Auditor General of the State on or before How filed. the tenth day of December in each and every year. And it shall be the duty of the Auditor General to notify the persons Duty of or corporations so assessed to pay the taxes assessed against t them respectively to the Treasurer of the State of Michigan on or before the first Monday of January next succeeding the date of said notice.

Auditor

tax. Penalty

SEC. 21. If said corporation shall neglect or refuse to pay Refusal or such tax on or before February first, two per cent a month neglect to pay shall be added to such tax as a penalty and the Attorney Gen- therefor. eral upon request of the Governor shall commence suit or proceedings in any court of competent jurisdiction to collect the tax and penalty by foreclosing the lien upon the real estate or corporate interests assessed.

of board.

SEC. 22. The appointed members of the said board shall re- Compensation ceive an annual salary of two thousand five hundred dollars, and shall devote their whole time to the discharge of the duties of their office (and they shall also receive their necessary expenses in the performance of their duties) both to be audited and allowed by the Board of Auditors and paid by the State Treasurer out of the general fund.

attached to

SEC. 23. Said board shall attach to the assessment roll Certificate to be herein provided for a certificate to be signed by the members assessment roll. of said board, or the majority of said members who have taken part in the assessment of the property of said companies in the following form:

We do hereby certify that we have set down in the above assessment roll all the property of all the railroad companies, express companies, telegraph companies and telephone 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 true cash value thereof, and that we have assessed the taxes on the same at the average rate of taxes for State, municipal and local purposes levied throughout the

"Cash value," meaning of.

Property, sale of for taxes.

Wilful incorrect assessment

State during the present year, not including special assessments for improvements assessed against the properties benefited in counties, cities, villages or townships.

SEC. 24. The words "cash value" wherever used in this act shall be held to mean the usual selling price at the place where the property to which the term is applied shall be at the time of assessment, being the price which could be obtained at private sale and not at forced or auction sale.

SEC. 25. Whenever property is sold for taxes under this act, and such property is incapable of division, it may be sold as an entirety, and if there is a surplus arising from the sale of such property the same shall be turned over to the person or corporation against whom the taxes for which it is sold shall have been assessed. And if said surplus is claimed by any other person or corporation than the person or corporation for whose tax such property is sold, and such claim shall be contested, either of the contestants may prosecute an action against the other as for money had and received, and in such action the right of the parties to such surplus shall be determined. All the money arising from such sale, less the fees of the officer making such sale, shall in the first instance be paid to the State Treasurer, and upon presentation to such treasurer of a certified copy of the final judgment rendered in such action he shall pay over such surplus to the party recovering such judgment.

SEC. 26. If said board shall wilfully assess any property at a misdemeanor. more or less than what the members 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.

Penalty.

Gratuities.
Forfeiture by

SEC. 27. If any person or corporation whose property is those offering. subject to assessment under this act shall directly or indirectly promise, offer or give to any members 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 every 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 sum 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.

Acts repealed.

Proviso.

SEC. 28. All other acts or parts of acts, whether contained in acts for the incorporation of union railroad stations and depot 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: Provided, however, That all rights which the State has now under any of said acts for taxes or penalties shall not be in any way affected by this act

and shall not constitute a bar against any prosecution or re-
covery on account of such taxes or penalties.

This act is ordered to take immediate effect.
Approved March 15, 1899.

[No. 20.]

AN ACT to amend section six of Act number three hundred four, Session Laws of eighteen hundred eighty-seven, entitled "An act to provide a general law under which Corporations may be formed to carry on Printing, Publishing and Book making, and any or either of them," approved June twenty-eight, eighteen hundred eighty-seven, being Compiler's Section four thousand two hundred and five f of Chapter one hundred twenty-nine a, of Volume three of Howell's Annotated Statutes of the State of Michigan.

The People of the State of Michigan enact:

SECTION 1. That Section six of act number three hundred Section amended. four, Session laws of eighteen hundred eighty-seven, entitled "An act to provide a general law under which corporations may be formed to carry on printing, publishing and book making, and any or either of them," approved June twenty-eight, eighteen hundred eighty-seven, being compiler's section four thousand two hundred five f of chapter one hundred twentynine a, of volume three of Howell's Annotated Statutes of the State of Michigan, be amended so as to read as follows:

to be managed

office.

SEC. 6. The stock, property, business and affairs of any Business, etc., such corporation shall be managed by not less than three nor by directors. more than nine directors, who shall be chosen by the stockholders at such time and place as shall be provided by the by-laws of the corporation. Such directors must be stockholders and of full age. They shall hold office for such time, Qualification not exceeding three years, as shall be provided by said by- and term of laws, and said by-laws may provide for a classification of the directors, so that the term of office of the several classes shall expire at different times. If a director or directors shall not be elected at any time when by said by-laws they should have been, the corporation shall not thereby be dissolved or impaired, but an election may be held at any time thereafter to be fixed, and notice thereof to be given by the directors in such manner as said by-laws shall provide. Provided, That in case Proviso. the directors fail or refuse so to do for three months after the

time when such election should have been had, any three
stockholders may call the meeting for such election by giving
notice as provided in section five hereof.

This act is ordered to take immediate effect.
Approved March 20, 1899.

Act amended.

Section added.

[No. 21.]

AN ACT to amend Act Number one hundred eighty-three of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of Circuit Court Stenographers in the State of Michigan," approved May 29, eighteen hundred ninety-seven, and by adding a new section to stand between sections 48 and 49 of said Act, to be known as section 48a.

The People of the State of Michigan enact:

SECTION 1. That Act Number one hundred eighty-three of the Public Acts of eighteen hundred ninety-seven, entitled "An Act to provide for the appointment, and to fix the term of office, duties and compensation of Circuit Court Stenographers in the State of Michigan," approved May 29, eighteen hundred ninety-seven, be amended by adding a new section to stand between sections 48 and 49 of said Act, to be known as section 48a, to read as follows.

SECTION 48A. In the thirty-sixth circuit of the State of Michigan the Stenographer shall be paid an annual salary of twelve hundred dollars.

This act is ordered to take immediate effect.
Approved March 20, 1899.

[No. 22.]

AN ACT to amend section number five of act number one hun. dred and thirty-five of the Public Acts of Michigan of eighteen hundred ninety-five, entitled "An act to provide for the holding of Primaries in Cities of not less than fifteen thousaid inhabitants and not over one hundred fifty thousand inhabitants, and to punish frauds thereon, and by delegates elected thereat, and the corruption and attempted corruption of such delegates."

The People of the State of Michigan enact:

amended.

SECTION 1. That section number five of act number one Section hundred and thirty-five of the public acts of Michigan of eighteen hundred ninety-five, entitled "An act to provide for the holding of primaries in cities of not less than fifteen thousand inhabitants and not over one hundred fifty thousand inhabitants, and to punish frauds thereon, and by delegates elected thereat, and the corruption and attempted corruption of such delegates," be and the same is hereby amended so as to read as follows, to wit:

primaries

SEC. 5. The primaries in any city affected by this act and Time of holding containing less than thirty thousand inhabitants shall be held in cities. between the hours of four and eight o'clock p. m., standard time. The primaries in any city affected by this act and containing more than thirty thousand inhabitants shall be held between the hours of two o'clock and eight o'clock p. m., standard time.

This act is ordered to take immediate effect.
Approved March 21, 1899.

[No. 23.]

AN ACT to prohibit taking or catching fish in any of the waters of Mecosta county, by any means whatever, except with hook and line.

The People of the State of Michigan enact:

catch fish in

SECTION 1. Hereafter it shall not be lawful for any person Unlawful to or persons to take or catch fish in any lake, pond, stream or certain waters. other waters within the county of Mecosta, by any means whatever, except by hook and line.

SEC. 2. Any person violating any of the provisions of this Penalty. act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not more than one hundred dollars, or imprisonment in the county jail for a period not exceeding

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