Section amended. When mortgage void. Proviso as to certain corporations. [No. 332.] AN ACT to amend section ten of chapter two hundred fiftyeight of the Compiled Laws of eighteen hundred ninetyseven, entitled "Fraudulent conveyances and contracts relating to personal property," being section nine thousand five hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred fifty-eight of the public acts of nineteen hundred five, entitled "An act to amend section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled 'Fraudulent conveyances and contracts relating to personal property,' being compiler's section nine thousand five hundred twenty-three." The People of the State of Michigan enact: SECTION 1. Section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled "Fraudulent conveyances and contracts relating to personal property," being section nine thousand five hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred fifty-eight of the public acts of nineteen hundred five, entitled "An act to amend section ten of chapter two hundred fifty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled 'Fraudulent conveyances and contracts relating to personal property,' being compiler's section nine thousand five hundred twenty-three," is hereby amended to read as follows: SEC. 10. Every mortgage or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the goods or chattels are located, and also where the mortgagor resides, except when the mortgagor is a non-resident of the State, when the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is: Provided, That in the case of corporations engaged in transporting passengers or freight, or conveying electricity or gas or telephonic or telegraphic communications, all that is, or shall be required is the filing of a copy of such mortgage with the register of deeds of each county through which the lines or property thereof passes, receivable for annexed. and such mortgages shall not require any affidavit of re- This act is ordered to take immediate effect. ment in [No. 333.] AN ACT to amend section one of act number three hundred fifty of the public acts of eighteen hundred sixty-five, entitled "An act to protect fish and preserve the fisheries of this State," approved March twenty-one, eighteen hundred sixty-five, being section five thousand eight hundred fiftyfour of the Compiled Laws of eighteen hundred ninety seven. The People of the State of Michigan enact: amended. SECTION 1. Section one of act number three hundred fifty Section of the public acts of eighteen hundred sixty-five, entitled "An act to protect fish and to preserve the fisheries of this State," approved March twenty-one, eighteen hundred sixty-five, being section five thousand eight hundred fifty-four of the Compiled Laws of eighteen hundred ninety-seven is hereby amended to read as follows: offal, etc., SEC. 1. It shall be unlawful for all persons to put into Putting of any of the waters of this State, where fish are taken, any into waters offal, blood, putrid brine, putrid fish or filth of any descrip- prohibited. tion, and any person so offending shall be fined in any sum not exceeding three hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court: Provided, however, That this act shall not be construed to Proviso, apply to discharging the waste matter of any paper mill into from certain any of the streams or their tributaries on sections thirteen, paper mills. twenty-three and twenty-four of Schoolcraft township, Kala mazoo county. This act is ordered to take immediate effect. Approved June 28, 1907. waste matter Pawnbrokers, etc., to obtain license. Mayor to grant. [No. 334.] AN ACT to regulate and license pawnbrokers and loan agents. The People of the State of Michigan enact: SECTION 1. No person, corporation or firm shall hereafter carry on the business of pawnbroker or loan agent in any of the cities of this State, without having first obtained from the mayor of the city where the business is to be carried on, a license subject to the provisions of this act, authorizing such person, corporation or firm to carry on such business. SEC. 2. The mayor of any such city may from time to time grant under his hand, and the official seal of his office, to any suitable person, corporation or firm, a license authorizing such person, corporation or firm to carry on the business of a pawnbroker or loan agent subject to the provisions License, what of this act. Said license shall designate the particular place to designate. in said city where such person, corporation or firm shall carry on said business, and no person, corporation or firm receiving said license shall carry on said business in any other place than the one designated in said license. Said license shall be for the period of one year from date of issuance, unless sooner revoked for cause, and shall not be transferable. Before any such license shall be issued the person applying therefor shall pay to the treasurer of the city an annual license fee of two hundred and fifty dollars, and shall give a bond to the said city, in its corporate name, in the penal sum of three thousand dollars, with at least two sureties, to be approved by the city council, conditioned for the faithful performance of the duties and obligations pertaining to the said business, and for the payment of all costs and damages incurred by any violation of this act: Provided, That it shall be within the power of the common council of any city to fix the amount to be paid as such annual license fee at any amount not less than fifty dollars, nor more than five hundred dollars. Duration. Annual license fee, bond. Proviso. "Pawnbroker" defined. SEC. 3. Any person, corporation or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valu able thing on condition of selling the same back again at a "Loan agent." stipulated price, is hereby defined to be a pawnbroker. Any person, corporation or member or members of a copartnership or firm who loans money on pledge of wages or salary earned or to be earned, is hereby defined to be a loan agent. Personal action on bond. SEC. 4. If any person shall be aggrieved by the conduct of any such licensed pawnbroker, or loan agent and shall recover judgment against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any ex ecution issued upon said judgment, maintain an action in his own name upon the bond of the said pawnbroker or loan agent in any court having jurisdiction of the amount of said judgment remaining unsatisfied. contain, spection, etc. SEC. 5. Every such pawnbroker or loan agent shall keep Book to be a book to be inspected by the chief of police or chief police kept, what to officer of the city, in which shall be written in English, at the subject to intime he shall receive any article of personal property, or other valuable thing by way of pledge or pawn, a description of such article, the amount of money loaned thereon, the rate of interest to be paid on such loan, the name, residence and general description of the person from whom, and the day and hour when such property was received; and such book, and the place where such business is carried on, and all articles of property therein, shall be subject to examination at any time by the mayor, city attorney, or other police officer of such city, or by the prosecuting attorney or the sheriff or other police officer of the county in which said city is situated. ment. SEC. 6. Every such pawnbroker or loan agent shall make Weekly weekly, a sworn statement of his transactions, describing the sworn stategoods or pledge received, and setting forth the name, residence and description of the person from whom the goods or pledge were received, to the chief of police or chief police officer of such city. possession of. SEC. 7. No pawnbroker or loan agent shall purchase any Second-hand second-hand furniture, metals, clothing or other articles or goods, lawful thing, or sell, dispose of or keep for sale any such secondhand articles or thing, except they have been pawned to him, and are or have been sold at public auction to the highest bidder, as hereinafter provided. Any articles sold to such "Pawned" pawnbroker, upon the understanding that such article is to be purchased from such pawnbroker by the seller thereof, or by any person acting for such seller, shall be deemed to be pawned within the meaning of this section. defined. to whom SEC. 8. Every such pawnbroker or loan agent shall at the Memorandum, time of such loan, deliver to the person pawning or pledg- delivered. ing any goods, article or thing, a memorandum or note signed by him, containing the substance of the, entry required to be made by him in his book by section six of this act, and no charge shall be made or received by any pawnbroker or loan agent for any such entry, memorandum or note. Such To be memorandum or notes shall be consecutively numbered. SEC. 9. No pawnbroker shall exact more than the legal Interest, rate of interest and three per cent. additional, on pain of forfeiture of the principal and interest. numbered. limit of. sale of. SEC. 10. No pawnbroker shall sell any pawn or pledge Pawned goods, until the same shall have remained six months in his possession, and all such sales shall be at public auction to the. highest bidder, and not otherwise. Notice of such sale shall Notice. be published for at least six days previous thereto in one of the daily newspapers to be designated by the mayor, pub Proviso. to specify. lished in English in the city where the business is carried on: Provided, That if there be no daily newspaper in said city, said notice shall be published at least two successive weeks, in a weekly newspaper, to be designated by the mayor, Notice, what published in English, in such city. Such notice shall specify the time and place at which such sale is to take place and by whom it is to be conducted, and shall contain the same description of the articles or goods to be sold as was given in the memorandum or note delivered to the pawner under section eight of this act, and shall give the number of such memorandum or note. When title reinvested in pawner. Surplus from sale, disposition of. Identity of article nat to SEC. 11. The borrower may, at any time prior to the sale, pay or tender to the pawnbroker the debt and interest thereon, together with the cost of advertising the sale, if the sale has been advertised, and such payment or tender shall have the effect to reinvest the pawner with the title and right of possession to the property pledged. SEC. 12. The surplus money, if any, arising from such sale, after deducting the amount of the loan, the interest then due on the same, and the expense of advertising, shall be paid over by the pawnbroker to the person who would be entitled to redeem the pledge or pawn in case no such sale had taken place. SEC. 13. No pawnbroker shall deface, scratch, obliterate, be obliterated. melt, separate or break into parts any article or thing received by him in pawn or otherwise, or in any manner do, cause or suffer to be done by others, anything which shall destroy or tend to destroy the identity of such article or render the identification thereof more difficult. Pawn, when and from whom not to be received. Search warrants, when issued, etc. SEC. 14. No pawnbroker shall receive any pledge, pawn, articles or thing whatever from any person after receiving from any one of the officers mentioned in section five of this act, or the parent or guardian of any minor or person of unsound mind, written notice that such person is a minor, or is of unsound mind, or neglects all lawful business, or that he habitually spends his time in frequenting houses of ill-fame, gaming houses or tippling houses, or that from drinking, gaming, idleness or debauchery of any kind he is squandering his earnings or wasting his estate, or that he is likely to bring himself or family to want, or to render himself or family a public charge, or that he is suspected of thievery. No pawnbroker shall receive any pawn from any person under eighteen years of age. SEC. 15. Whenever complaint shall be made by any person on oath to any magistrate in any city, authorized to issue warrants in criminal cases, that personal property belonging to such complainant has been without his consent pawned or pledged, and that the complainant believes the same to be in some pawnshop within such city, such magistrate, if he be satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property in the |