Penalty for violation. Duty of game warden. When nets to be destroyed. point of Grand Portal on Pictured Rocks, on the southern shore of Lake Superior. SEC. 2. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any justice of the peace having jurisdiction, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and costs of prosecution, or imprisonment in the county jail not to exceed sixty days, or both such fine and imprisonment, in the discretion of the court. SEC. 3. It shall be the duty of the State Game Warden, the commissioners of State fisheries and the sheriffs within their respective jurisdictions, to enforce the provisions of this act, and when, upon complaint or information otherwise obtained, they shall discover any violations thereof, to institute the necessary proceedings to punish the offenders, and it shall be their duty to seize and destroy any nets found, used or set in violation of this act. SEC. 4. Any and all such nets set in said prohibited waters in violation of the provisions of this act, are hereby declared to be a public nuisance, and may be taken up and destroyed by any person finding the same, without criminal or civil liability. This act is ordered to take immediate effect. How may extend corporate existence. [No. 14.] AN ACT to provide for the extension of the term of existence of corporations or associations organized under act number twelve of the Public Acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and to provide for the care and maintenance thereof," as amended, being sections eight thousand three hundred ninety-nine to eight thousand four hundred twelve inclusive of the Compiled Laws of eighteen hundred ninety-seven, the corporate term of which has heretofore expired or which may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporations or associations. The People of the State of Michigan enact: SECTION 1. It shall be lawful for any corporation or association organized under act number twelve of the Public Acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and to provide for the care and maintenance thereof," as amended, whose corporate term of existence has ing, how 1 extension by expired or may hereafter expire by limitation, at a special meeting of the board of directors of said corporation or association called for that purpose, to direct the continuance of its corporate existence for a further term not exceeding thirty years from the expiration of its former term, which resolution or direction shall express the date of the commencement and the termination of said extended term. Such special meeting Special meetmay be called by the president, vice president, treasurer or called. secretary of the corporation or association whose term of existence is about to expire, or by either of the persons acting as president, vice president, treasurer, or secretary of the corporation or association whose term of corporate existence has expired by limitation, and notice of Notice of. such meeting shall be given to all the directors of said corporation or association at least ten days prior to the date of such meeting, by delivering to each of said directors, then living, personally, a written or printed notice of such meeting, or by leaving such notice at the residence of such director, or in lieu of such personal service, by publishing notice of such meeting once in each week for three weeks in succession, in a newspaper printed, published and circulating in the county in which said corporation or association cares for and maintains a cemetery. The board of directors of any corporation or Resolution of association, the same being either a de jure or a de facto cor- directors. poration, organized under said act as amended, and which corporation or association has heretofore acquired and held and still holds land conveyed or leased to it in its corporate name, may at such special meeting determine by resolution to reor ganize such corporation or association and thereby such reorganization shall take, assume and keep the name of such corporation or association as the same has before been known, and such re-organization of such corporation or association so made and directed, shall be and remain a corporation with all the powers, duties and obligations of a corporation or association newly made or organized under said act and its amendments. Upon the adoption of such resolution, which When to sign said resolution shall have the concurrence of a majority of articles. such directors in cases where the term of existence of such corporation shall not have expired, and the concurrence of a majority of the directors present at such meeting and not less. than three in number in case the term of the existence thereof shall have expired, it shall be the duty of the officers of such corporation or association present at such meeting, together with a sufficient number of other directors to constitute the above required number, to make, sign and acknowledge duplicate articles of association or incorporation, in which shall be What to set set forth the amount of land owned by such corporation or association whose term of existence is about to expire or has expired by limitation, and the county or town in which it is situated, the amount of capital theretofore subscribed for and the number of shares into which the same is divided, the name duplicate forth. Where filed. of the new organization, which shall be the same as that of the corporation or association to be replaced or succeeded, the number of persons who shall constitute the board of directors thereafter, being not less than five nor more than thirteen, the names of those who shall constitute the first board of directors, and the name of the first treasurer, the names of those owning shares in such former corporation or association by subscription, assignment or otherwise, and the number of shares owned by each, as far as shown by the books of the old corporation or association. Said articles shall further set forth that the corporation is to hold, keep and retain the corporate name and continue the corporate existence of the corporation whose term is about to expire, or in case the term of existence of such corporation or association has already expired, that the purpose is to organize anew, and to take up, renew and continue the corporate existence of such corporation or association for a term not exceeding thirty years from the date of such expiration. One of such articles of re-organization shall be filed and recorded in a book kept for that purpose in the office of the county clerk of the county where such corporation or association is located, and the other to be kept by such corporation or association. Either of said duplicate articles of reorganization, or a certified copy of the record of the same shall be prima facie evidence of the facts therein recited, and of the validity and existence of the Powers, etc., said corporation or association. The corporation or association so made, re-organized or renewed, shall be a corporation to all intents and purposes, having all the powers, and being subject to all the restrictions of the corporation originally organized under said act, or under said act as amended, and the same shall succeed to, own and hold all the property or rights of action held, owned and had by the corporation or association which it succeeds prior to its renewal or re-organization, and shall be liable for all its debts, liabilities and obligations as fully and completely as if its former corporate term had not expired, and its corporate existence had been beyond any question, both de jure and de facto. The officers and directors of the corporation or association renewed or re-organized shall hold and continue in their offices until their successors shall be duly elected and qualified. of corpora tion. This act is ordered to take immediate effect. [No. 15.] AN ACT making appropriation for the Industrial School for Boys for the fiscal year ending June thirty, nineteen hundred four, to meet a deficiency in the current expense appropriation for the fiscal year ending June thirty, nineteen hundred three, and to provide a tax for the same. The People of the State of Michigan enact: SECTION 1. That there be and is hereby appropriated for Appropriathe Industrial School for Boys for the fiscal year ending June tion. thirty, nineteen hundred four, the sum of four thousand dollars for the purpose of meeting a deficiency in the current expense appropriation for the fiscal year ending June thirty, nineteen hundred three: Provided, That the board of trus- Proviso. tees may obtain money under this section before July first, nineteen hundred three, in such amounts as they may by requisition certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount appropriated by this act when the appropriation becomes available. SEC. 2. The amount appropriated by the provisions of this How paid. act shall be paid out of the State Treasury to the treasurer of the Industrial School for Boys at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. rated in state SEC. 3. The Auditor General shall incorporate in the State To be incorpotax for the year nineteen hundred three the sum of four thou- tax. sand 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. Section amended. Proceedings when drain [No. 16.] AN ACT to amend section four of chapter two of act two hundred and fifty-four, public acts of eighteen hundred and ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor and to repeal all other laws relative thereto," approved June second, eighteen hundred ninety-seven, being compiler's section four thousand three hundred thirteen of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. That section four of chapter two of act two hundred fifty-four, public acts of eighteen hundred ninetyseven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," approved June second, eighteen hundred ninety-seven, being compiler's section four thousand three hundred thirteen of the Compiled Laws of eighteen hundred ninety-seven, be and the same is hereby amended so that said section will read as follows: SEC. 4. In case it is proposed to run a part or parts of a drain through any incorporated city or village, all of such city or village. drain shall be located, established and constructed and the runs through Proviso. assessment for its construction made by the county drain commissioner in the same manner as herein provided for the construction of other drains; and whenever the word "township" is used in this act it shall be construed to mean city or village. as the case may be. Whenever such part or parts of said drain shall be located within any street, highway or public place, then a resolution adopted by a majority vote of the common council of said village or city granting leave to construct such drain therein, and designating the name of the street or pointing out the alley or other public place to be traversed by such drain, shall be sufficient release of the right of way, and shall be deemed a sufficient conveyance under the provisions of this act, and said common council may permit the construction of an open drain if such consent be expressly set forth in such resolution: Provided, That when an appeal is taken from the assessment of such county drain commissioner by the owner of the lands in a city or village, such appeal shall be made to the common council of such city or village, subject in every other respect to the provisions of this act covering appeals made to township boards. Approved March 26, 1903. |