[No. 75.] AN ACT to amend section three of act number one hundred fifty-three of the public acts of nineteen hundred seven, as amended by act number two hundred forty-five of the public acts of nineteen hundred twenty-one, entitled "An act to regulate and license fishing with tugs, launches, boats and nets in the waters bordering on this state," being section seven thousand seven hundred thirty-one of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended. SECTION 1. Section three of act number one hundred fifty- Section three of the public acts of nineteen hundred seven, as amended by act number two hundred forty-five of the public acts of nineteen hundred twenty-one, entitled "An act to regulate and license fishing with tugs, launches, boats and nets in the waters bordering on this state," being section seven thousand seven hundred thirty-one of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. It shall be the duty of the director of conservation Fees. when application is made by any person, firm, company, copartnership, partnership association or corporation in accordance with section two of this act, to issue the license provided for in this act upon payment by the applicant, if a resident of this state, of the following fees: For each sail boat propelled by means of a sail, five dollars per year for each boat propelled by steam, gasoline, naphtha, electricity or other motive power of less than five tons, gross tonnage, ten dollars per year; for each boat propelled by steam, gasoline, naphtha, electricity or other motive power of over five tons. gross tonnage, two dollars per each gross ton per year: Pro- Proviso, vided, however, That no resident person, firm, company, copartnership, partnership association or corporation shall be required to pay more than fifty dollars on any one boat in any one year. If he desires to make use of one or more nets Nets. of any kind for the purpose of fishing without a boat or under the ice during the winter months, he shall pay a fee of one dollar per year. If a non-resident of this state, he shall pay Non-resident the following fees: For each sail boat propelled by means fees. of a sail, fifty dollars per year; for each boat propelled by steam, gasoline, naphtha, electricity or other motive power, the said boat being less than ten tons, gross tonnage, one hundred dollars per year; for each boat propelled by steam, gasoline, naphtha, electricity or other motive power of more than ten tons, gross tonnage, fifteen dollars for each gross ton per year: Provided, however, That no non-resident per- Proviso, son, firm, company, co-partnership, partnership association maximum. or corporation shall be required to pay more than four hundred dollars on any one boat in one year; if he desires to fish maximum. Further proviso, how computed. Further proviso, nonresidents defined. Further proviso, transfer of license. with one or more nets without the use of a boat, or under the ice during the winter months, or with set hook lines, he shall pay the sum of two hundred dollars per year: Provided further. That for the purpose of this act, computation of the amount each person shall pay for the use of boats, shall be made upon the gross tonnage of boats as computed and registered by the United States government inspectors: Provided further, That for the purpose of this act, any firm, company, co-partnership, partnership association or corporation in which less than seventy-five per cent of their stock is and has actually been owned by bona fide residents of this state for more than six months prior to the time of making application for license, shall be considered non-residents: Provided further, That the director of conservation may, upon application therefor, permit the transfer of said license to any similar boat, tug or launch during such period of time as such licensed boat, tug or launch shall be disabled and undergoing repairs. Approved April 20, 1923. Bonus claims, for. [No. 76.] AN ACT to make an appropriation for the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, for the purpose of paying bonus claims arising under act number one of the public acts, first extra session of nineteen hundred twenty-one, entitled "An act to provide for the payment of a bonus to persons who served in the army, navy or marine forces of the United States during the late war with Germany and Austria; to authorize and provide for the borrowing of thirty millions of dollars to meet such payments, and the issuance of bonds for such indebtedness, and to provide for the payment of principal and interest on such bonds," and to authorize a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated out of the general appropriation fund of the state, not otherwise appropriated, the sum of seven hundred fifty thousand dollars for the fiscal year ending June thirty, nineteen hundred twenty-four, and a like sum for the fiscal year ending June thirty, nineteen hundred twenty-five, for the purpose of paying bonus claims arising out of act number one of the public acts of nineteen hundred twenty-one, first extra session, entitled "An act to provide for the payment of a bonus to persons who served in the army, navy or marine forces of the United States during the late war with Germany and Austria; to authorize and provide for the borrowing of thirty millions of dollars to meet such payments, and the issuance of bonds for such indebtedness, and to provide for the payment of principal and interest on such bonds." No part of the appropriations herein made shall be used for any purpose nor expended in any manner not authorized by the afore-mentioned act. clause. SEC. 2. The auditor general shall incorporate, in the state Tax tax, for the years nineteen hundred twenty-three and nineteen hundred twenty-four respectively, sufficient amounts to reimburse the general fund for the appropriations hereby. made. SEC. 3. So much of the appropriation herein made for the When available. fiscal year ending June thirty, nineteen hundred twenty-four, as may be necessary shall be immediately available upon the passage of this act. This act is ordered to take immediate effect. [No. 77.1 AN ACT to amend sections three and seven of chapter three of part four of act number eighty-four of the public acts of nineteen hundred twenty-one, entitled "An act to provide for the organization, regulation and classification of domestic corporations; to prescribe their rights, powers, privileges and immunities; to prescribe the conditions upon which corporations may exercise their franchises; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to carry on business within this state; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations." The People of the State of Michigan enact: amended. SECTION 1. Sections three and seven of chapter three of Sections part four of act number eighty-four of the public acts of nineteen hundred twenty-one, entitled "An act to provide for the organization, regulation and classification of domestic corporations; to prescribe their rights, powers, privileges and immunities; to prescribe the conditions upon which corporations may exercise their franchises; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to carry on business within this state; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and Articles, how What may contain. tices, etc., not to permit. parts of acts relating to corporations," are hereby amended to read as follows: SEC. 3. Excepting as herein otherwise provided, such executed, etc. articles shall be executed, acknowledged, filed and disposed of in the same manner and with like effect as is prescribed in. this act for corporations generally. Such articles may contain, among other things, specified in section two of this chapter, any provisions the incorporators may determine upon respecting the church polity or government, and the blank spaces provided for shall be filled in by words appropriate to the particular denomination or corporation being so inImmoral prac corporated. Such society shall not, however, by its articles of association, by-laws or system of discipline permit or encourage the teaching of immoral practices or conduct or any thing that is contrary to public policy; that violates the sanctity of the marital relations; that will prohibit any member of such society from appealing to the courts of the United States or the courts of this state for the enforcement of personal or property rights; that the by-laws and rules of discipline shall not be subject to civil law or decree; that en courages violating or disregarding any law of the United States or of this state. No provision shall be made in such by-laws or articles of association permitting such corporation to receive, accept, acquire or endeavor to secure property through fraud, misrepresentation or undue influence under the guise of religious teaching or discipline; that will permit any individual as such and not as an official of said society to acquire and hold the property thereof in his own name or which permits any official to dictate and construe the rules of discipline or by-laws of such society without the approval of the directing board thereof or require that such by-laws and rules be approved by him before becoming effective. Whenever proceedings in the nature of quo warranto have been or may hereafter be brought against any association or corporation organized or doing business in this state as a religious or ecclesiastical body, and when it shall appear in the information that such association or corporation has exceeded its powers, misused its franchises and privileges, committed any fraud or deception, has been guilty of any misapplication of funds or property, has secured property or donations through fraud or misrepresentation, has acquired or used property illegally, has been guilty of propagating or teaching immoral or vicious principles or doctrines or has otherwise violated the laws of this state or the United States, the attorney general may, in such proceedings, or in separate proceedings, apply to the same or any other circuit court for a receiver for the property and effects of such corporation or association, and in all such cases the court shall appoint a receiver in like manner and with like effect and powers as in insolvency proceedings as provided for in the judicature Who may in- act. All persons having any interest in the property of such proceedings. corporation or who have conveyed, donated or contributed When receiver applied for. tervene in property to substantially to the funds or property of such corporation, may intervene in such proceedings for the purpose of obtaining restitution of such property or their just share thereof, and shall be entitled to prove their claims thereunder according to the rules and practice of the court. Any property, Unclaimed goods or money of such corporation, or held in trust by or for escheat to it, and not claimed or distributed to the creditors or other state. claimants whose claims have been duly proved in the proceed. ings herein authorized, shall escheat to the people of the State of Michigan and upon the winding up of the receivership shall be conveyed to the state board of escheats, and shall be disposed of by such board as now provided by law for other escheated property. etc., property. ized to exe_ SEC. 7. Where no other special provision inconsistent May hold, herewith is made in this chapter, every such church corporation shall have power to acquire, hold, sell and convey property, both real and personal for the general purposes of such corporation, and it may recover and hold the debts, demands, rights, privileges and all property, whether real or personal, of whatever sort it may be, belonging or appertaining to said church, in whatever manner the same may have been acquired, except that acquired through fraud, misrepresentation, undue influence or other unlawful means and in whose hands soever the same may be held, the same as if the right and title had originally been vested in said corporation. The board of Who authortrustees may authorize certain of the officers of said board to cute conveyaffix the corporate name and the seal of the corporation, and ances, etc. to execute and attest conveyances, notes, obligations, acquittances and all other necessary legal documents. It may sell, mortgage and dispose of its personal property; and may mortgage and incumber its real estate. It may acquire real cstate by gift, purchase or devise for the purpose of having and holding land and buildings for its own use and occupancy, including a pastor's residence, a church cemetery, church and Sunday school buildings and grounds and church society. buildings and grounds, and may sell or mortgage such real estate; shall have and enjoy all the rights, privileges and immunities, so far as any church cemetery owned by it is concerned, which corporations organized to establish rural cemeteries have and enjoy under the laws of this state: Pro- Proviso. vided, That the right to sell, convey or mortgage such real property shall be subject to such restrictions and conditions. as may be prescribed by the rules of discipline, articles or by-laws pertaining to each such corporation: And provided Further further, That every such church corporation insofar as it proviso. holds any property in trust for religious, charitable, benevolent, educational or social purposes. shall be deemed to be a trustee corporation within the meaning of this act and governed by the provisions of chapter one of this part, excepting as herein otherwise provided. This act is ordered to take immediate effect. |