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hereafter created which shall have a population of five hundred or more and less than seventy-five thousand as districts of the third or fourth class; to provide for the government, control and administration of such school districts and the schools therein through boards of education; to provide for the manner of nomination and election of such boards, their powers and duties; and to repeal all general or special laws that conflict with the provisions of the same, is hereby amended to read as follows:

SEC. 9. In each school district of the third class hereunder Board of education, the board of education shall consist of seven members, two of membership. those elected members at the first election held under this act shall serve for two years, two for four years and three for six years; thereafter at the next school election immediately preceding the expiration of the respective terms of these officers their successors shall be elected to serve for terms of six years and until their successors are elected and qualify: Provided, That to provide for a board of education of seven Proviso, members in school districts which have heretofore organized member. under this act there shall be elected at the first election after this amendment takes effect one member whose term of office shall be for the same period as if he had been elected at the first election for six years.

This act is ordered to take immediate effect.
Approved April 12, 1921.

election of

[No. 45.]

AN ACT to amend section one of act number one hundred fifty of the Public Acts of nineteen hundred fifteen, entitled "An act to prescribe and limit the powers of school districts having a population of more than fifteen thousand and less than one hundred thousand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent herewith," being section five thousand eight hundred sixty-five of the Compiled Laws of nineteen hundred fifteen, as amended.

The People of the State of Michigan enact:

amended.

SECTION 1. Section one of act number one hundred fifty Section of the Public Acts of ninteen hundred fifteen, entitled "An act to prescribe and limit the powers of school districts having a population of more than fifteen thousand and less than one hundred thousand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent herewith," being section five thousand eight hundred sixty-five of the Compiled Laws of nineteen hundred fifteen, as amended, is hereby amended to read as follows;

May issue bonds, limit, etc.

SEC. 1. Any school district within the state of Michigan, whose population shall exceed fifteen thousand and be less than one hundred thousand, shall have power and authority to borrow money and issue bonds to an amount not greater in any one year than five per cent of the total assessed valuation of said district, nor to a total amount, including all outstanding bonded indebtedness of said district, exceeding eight per cent of the assessed valuation of said district, and at a rate of interest not to exceed that which may be paid on school bonds issued under the provisions of the general school Referendum. laws, subject, however, to all provisions of law now or hereafter in force relative to the submission to the electors of such district of any or all questions relative to such borrowing of money and issuing of bonds therefor.

This act is ordered to take immediate effect.
Approved April 12, 1921.

Words defined.

Proviso.

"State."

[No. 46.]

AN ACT to protect the title of motor vehicles and trailers within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles and trailers stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the Secretary of State hereunder; and to provide penalties for violation of the provisions hereof.

The People of the State of Michigan enact:

SECTION 1. Definitions. The words and phrases used in this act shall be construed as follows, unless the context may otherwise require:

(a) The term "motor vehicle" shall include all vehicles impelled by power other than muscular power except motor cycles operated by policemen or firemen when on official business, also all motor vehicles, including trucks owned and operated by municipalities, or by the state, or by any state institution: Provided, That the same shall be designated by proper signs in which department of said municipality or state, or institution, said trucks or other motor

vehicles are employed, traction engines, road rollers, fire wagons, fire engines, police patrol wagons and such vehicles as run only upon rails or tracks.

(b) The term "state" as used in this act, except where otherwise expressly provided, shall also include the territories and the federal districts of the United States.

(c) The term "owner" shall also include any person, firm, "Owner." association or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.

vehicle."

(d) "Vehicle." Any motor Any motor vehicle, trailer, or semi- "Vehicle." trailer as herein defined. (e) "Used vehicle." A motor vehicle, trailer or semi- "Used trailer which has been sold, bargained, exchanged, given away or title transferred from, the person who first took title to it from the manufacturer or importer, dealer or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second hand" within the ordinary meaning thereof.

turer."

(f) "Manufacturer." A person, firm, corporation or "Manufac association engaged in the manufacture of new motor vehicles, trailers, or semi-trailers, as a regular business.

(g) "Dealer." Any person, firm, corporation or associa- "Dealer." tion engaged in the purchase and sale of motor vehicles, trailers or semi-trailers, or in the leasing of the same for a period of thirty or more successive days.

title.

for.

what to contain.

SEC. 2. Certificate of title for motor vehicles. After July Certificate of one, nineteen hundred twenty-two, no certificate of the registration of any vehicle or number plates therefor, whether original issues, or duplicates, shall be issued or furnished by the Secretary of State unless the applicant therefor shall at Application the same time make application for and be granted an official certificate of title of such motor vehicle or shall present satisfactory evidence that such a certificate covering such motor vehicle has been previously issued to the applicant. Said Blank form, application shall be upon a blank form to be furnished by the Secretary of State and shall contain a full description of the motor vehicle, which said description shall contain the manufacturer's number, the motor number, and any distinguishing marks, together with a statement of the applicant's title and of any liens or encumbrances upon said motor vehicle, and such other information as the Secretary of State may require. The Secretary of State, if satisfied that the When issued. applicant is the owner of such motor vehicle, or otherwise entitled to have the same registered in his name, shall thereupon issue to the applicant an appropriate certificate of title over his signature, authenticated by a seal to be procured and used for such purpose. Said certificates shall be numbered Numbering. consecutively, beginning with number one, and shall contain such description and other evidence of identification of said motor vehicle as the Secretary of State may deem proper, together with a statement of any liens or encumbrances which the application may show to be thereon. The charge Fee. for each original certificate so issued shall be one dollar, which charge shall be in addition to the charge for the regis tration of such motor vehicle. Said certificate shall be good Duration of for the life of the car so long as the same is owned or held

certificate.

Act printed.

Assignment,

etc.

Duty of purchaser.

Misdemeanor, what deemed.

Penalty.

Registration certificate,

what to contain.

by the original holder of such certificate, and shall not have to be renewed annually, or at any other time except as herein provided. Upon the passage of this act it shall be the duty of the Secretary of State to cause to be printed copies of this act, and to mail to every person, to whom he has issued a certificate of registration for the year nineteen hundred twenty-one, one of such printed copies accompanied by a blank form of application for a certificate of title.

SEC. 3. In the event of the sale or other transfer after October one, nineteen hundred twenty-one, of the ownership of a motor vehicle for which a certificate of title has been issued as aforesaid, the holder of such certificate shall endorse on the back of the same an assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on said motor vehicle, and deliver the same to the purchaser or transferee at the time of the delivery to him of such motor vehicle. The purchaser or transferee shall within ten days thereafter, present such certificate, assigned as aforesaid, to the Secretary of State, accompanied by a fee of one dollar, whereupon a new certificate of title shall be issued to the assignee. Said certificate, when so assigned and returned to the Secretary of State, together with any subsequent assignments or reissues thereof, shall be retained by the Secretary of State and appropri ately filed and indexed, so that at all times it will be possible to trace title to the motor vehicle designated therein.

SEC. 4. Any person who shall operate a motor vehicle in this state under a registration number of this state after July one, nineteen hundred twenty-two, without securing a certificate of title, as herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, nor more than one thousand dollars, and from and after the first day of October, nineteen hundred twenty-one, any person who sells a motor vehicle without complying with the requirements of section three hereof shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment in any penal institution within the state not more than ten years, or both such fine and imprisonment in the discretion of the court.

SEC. 5. Certificates of registration for motor vehicles. The Secretary of State shall furnish with each number plate for motor cycles and with each pair of number plates for motor vehicles, a receipt of registration, which shall contain upon the face thereof the following data: The name of the registered owner of the motor cycle or motor vehicle, the owner's postoffice address, the make of the vehicle, the year of model, the model or letter designated by the manufacturer, manufacturer's serial number, if any, the engine number, the registered horse power, the registration or license number and date of issue of the receipt of registration.

ink.

In case of motor cycles, the manufacturer's serial number Motor cycles. shall be stated in lieu of the engine number. Such receipt Signed with of registration shall contain a blank space for the signature of the registered owner and shall be signed with ink by such owner immediately upon receipt. Such receipt of registration shall contain the registration number denoted on the number plate or plates, in connection with which such receipt of registration is issued. Said receipt of registration Engine shall also contain the engine number of the motor vehicle for which said receipt of registration is issued as denoted by certificate of title issued for said motor vehicle by the Secretary of State. The receipt of registration referred to herein shall be subject to inspection by any peace officer at any time. Said receipt of registration shall, at all times while the motor vehicle for which it was issued is being operated within this state, be in the possession of the operator thereof.

number.

ownership.

SEC. 6. Upon the transfer of ownership of any motor ve- Transfer of hicle or motor cycle, registered under this act, the person in whose name such a motor vehicle or motor cycle is registered shall forthwith forward the receipt of registration to the Secretary of State with endorsement on the back thereof showing the name and postoffice address of the transferee, and the date of transfer. For failure to comply with this Failure to provision within ten days after the date of transfer, the penalty. transferor, upon conviction, shall be fined not less than five dollars or more than fifty dollars.

comply,

SEC. 7. Thereupon it shall be the duty of the Secretary of Filing, how State to file such receipt of registration in a file to be known designated. as "The Transfer of Ownership File." Unless the transferee as shown by the endorsement on the back of the receipt of registration, applies by mail, or otherwise, within ten days after the date of transfer of the motor vehicle for certificates of registration and title, the Secretary of State shall notify said transferee at once to do so. Unless said transferee then Driving withmakes application within five days after the receipt of such out registra notice from the Secretary of State for such certificates, he shall be considered to be driving a motor vehicle without registration, and upon conviction thereof shall be fined not less than five dollars or more than fifty dollars.

tion, penalty.

SEC. 8. If the Secretary of State shall determine at any When may time that an applicant for a certificate of title of a motor refuse to issue. vehicle is not entitled thereto, he may refuse to issue such certificate or to register such vehicle, and may for a like reason and after notice and hearing revoke registration already acquired, on any outstanding certificate of title.

ment, etc.,

SEC. 9. Any person who shall knowingly make any false False statestatement of a material fact, either in his application for deemed felony. the certificate of title herein provided for, or in any assignment thereof, or who, with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the

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