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Where.

Proviso,

owner.

culture of said college,) suitable for shade trees, along the State trunk line highways and all other highways of the State of Michigan, upon which State reward has been paid or earned: Provided, That in no case shall such trees be planted except by and with the consent of the owner of the consent of property adjoining such highway. The State Highway Commissioner shall establish rules and regulations for uniform Rules and planting or proper placing of all trees under the provisions regulations. of this act, and all such trees shall belong to the State, but the products thereof shall belong to the owners of the adjacent land. Nothing herein contained shall authorize the Trees now State Highway Commissioner, or the State Board of Agricul- growing. ture to cut down or interfere with shade trees now growing along any such highway, without permission in writing from the owner of the adjoining property. All expenses incurred Expenses, in carrying out the provisions of this section shall be paid how met. out of any moneys in the State highway fund that may be available therefor.

SEC. 2. Counties, townships, cities and villages may Appropriaannually appropriate money to be used in planting, pruning counties, etc. and protecting, and whenever necessary in acquiring shade, nut bearing and ornamental trees to be placed along and within public highways within the respective limits of said municipalities. The expenditure of any such fund shall be Expenditure, vested in the highway commissioner of the township upon township roads, in the county highway commissioner in the case of county roads, and in the proper highway authorities of the city or village as the case may be.

how vested.

certain

SEC. 3. The owner of any real estate in the State of Bounty for Michigan that borders upon a legal highway upon which planting on State reward has not been paid, shall have the right to plant highways. said approved ornamental, nut bearing, or other food producing trees along the line of said highway adjoining said land, and shall receive annually a credit of five cents upon his highway repair tax for each tree so planted by him and growing in good order, not less than six feet in height when planted and not less than twenty and not more than forty feet apart. All of said trees and their products shall belong to the owner of said land: Provided, That no bounty shall be Proviso. paid or deduction allowed under the provisions of this section upon any one tree or row of trees for a longer period than five years. The owner of such trees shall have the care thereof and shall have the duty and responsibility for the trimming, spraying and cultivation thereof.

of trees

SEC. 4. The Michigan Agricultural College and Public Securing Domain Commission are hereby authorized to grow and authorized. acquire suitable seeds, scions or trees for planting under the provisions of this act, and to establish proper rules and regulations for distributing the same at nominal cost, or otherwise, to counties, townships, cities, villages, and citizens of the State for the aforesaid purposes, and also for State parks or other public places.

Penalty for destroying, defacing, etc., trees.

Penalty.

Liability to

owner.

SEC. 5. It shall be unlawful to cut, destroy, injure, deface or break any ornamental, nut bearing, food producing or shade tree upon any public highway or place, except where such trees shall interfere with the proper construction or maintenance of such highways. It shall be unlawful to affix to any such tree any picture, announcement, play-bill, notice or advertisement, or to paint or mark such tree, except for the purpose of protecting it, or to negligently permit any animal to break down, injure or destroy any such tree within the limits of any public highway. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one dollar or more than twenty-five dollars, and in default of payment of any such fine may be imprisoned in the county jail for a period not exceeding thirty days. Such person shall be liable to the owner of the trees for treble the amount of damages sustained.

Approved March 28, 1919.

Act repealed.

Authority to incorporate.

Who may incorporate.

Articles.

[No. 37.]

AN ACT to repeal act number one hundred twenty-four of the Public Acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of regiments and companies of the Deutscher Landwehr-UnterstuetzungsVerein," being sections ten thousand two hundred seventyseven to ten thousand two hundred eighty-four of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Act number one hundred twenty-four of the Public Acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of regiments and companies of the Deutscher Landwehr-Unterstuetzungs-Verein," which act reads as follows:

"SEC. 1. The People of the State of Michigan enact, That the regiment and any companies of the Deutscher LandwehrUnterstuetzungs-Verein of the State of Michigan may be incorporated in pursuance of the provisions of this act.

"SEC. 2. Any ten or more persons, citizens of this State, who have served in the German army, and are desirous of becoming incorporated, may make and execute articles of association under their hands and seals, which said articles of association shall be acknowledged before some officer of this State, having authority to take acknowledgments of deeds and shall set forth:

First, The names of persons associating in the first instance and their places of residence;

Second, The corporate name by which such association shall be known in the law and the place of its business office; Third, The object and purpose of such association, which shall be to promote the social and benevolent interests of the fraternity known as regiment Michigan, and its companies organized under it of the Deutscher Landwehr-Unterstuetzungs-Verein, regiment Michigan, and the period for which it is incorporated, not exceeding thirty years.

with secre

etc.

"SEC. 3. A copy of said articles of association shall be To be filed filed with the Secretary of State, and thereupon the persons tary of state, who shall have signed such articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, take, receive, hold and enjoy to them and their successors, estates, real and personal, of suing and being sued, and they and their successors may have a common seal which may be changed and altered at their pleasure: Provided, That the value of such real and personal estate shall not exceed the sum of twenty-five thousand dollars, and they may and their successors shall have authority and power to give, grant, sell, lease, mortgage and dispose of said real and personal estate or any part thereof at their will and pleasure, and the proceeds thereof, rents and incomes therefrom, shall be devoted exclusively to the humane and benevolent purposes of the Deutscher Landwehr-Unterstuetzungs-Verein, regiment Michigan, of the State of Michigan.

rules and

"SEC. 4. Said corporation shall have full power and May make authority to make and establish rules, regulations and regulations. by-laws for regulating and governing all the affairs and business of said corporation, according to the laws of this State and the United States, and to designate, elect, or appoint from its (numbers) number such officers under such name and style as shall be in accordance with the constitution of said society.

"SEC. 5. A copy of the records of such articles of association under the seal of the State, duly certified according to law, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation.

Copy of recprima facie

ord to be

evidence.

May institute,

etc., subordi

nate compa

nies, etc.

"SEC. 6. Such corporation, when duly formed, shall have power to institute and charter subordinate companies within this State, and from time to time to make, ordain, institute and establish such constitution, general laws and by-laws, ordinances and regulations as the regiment shall judge proper for the regulation and government of such subordinate companies, not repugnant to the laws of this State: Provided, Proviso. That the existing subordinate companies, heretofore duly

Further proviso.

Articles.

Copy filed.

Proviso.

Business offices, location of.

chartered by the regiment, shall be subject to the control of the regiment, under this act as heretofore, and in the same manner and to the same extent as those that may be hereafter instituted and chartered under this act: Provided further, That in case the corporation or persons associating in the first instance shall, by death, resignation or for other causes, under the rules of the regiment become ineligible to act in such capacity, their successors may, from time to time, be appointed by the regiment.

"SEC. 7. Any ten or more persons, citizens of this State, being members of subordinate companies of the Deutscher Landwehr-Unterstuetzungs-Verein, having been duly chartered by the regiment, desirous to become incorporated, may make and execute articles of association, specifying as provided in section two of this act, and file a copy of the same with the clerk of the county in which such corporation shall be formed, which shall be recorded by such clerk in a book to be kept in his office for that purpose, and thereupon the persons who shall have signed such articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in law capable to purchase, hold, enjoy, grant, sell, give, lease and devise real and personal estate, of suing and being sued, and may have a common seal and change and alter the same at pleasure, and a certified copy of the record of such articles of association under the seal of the county where the said record is kept shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporations: Provided, That such corporation shall be limited to the powers and provisions of section three of this act, regarding real and personal estate and the proceedings thereof under the rules and regulations of the regiment, and may elect or appoint from among its numbers such officers under such name and style as shall be in accordance with its constitution. "SEC. 8. The location of the business office and regimental headquarters of the regiment shall be located in the city of Detroit, county of Wayne and State of Michigan, and subordinate companies shall have their business offices where said companies have been chartered and organized. The State conventions of said regiment shall be held at times and places, in a manner and for purposes to be prescribed by the constitution and by-laws of said regiment."; being sections ten thousand two hundred seventy-seven to ten thousand two hundred eighty-four of the Compiled Laws of nineteen hundred fifteen, is hereby repealed.

Approved March 28, 1919.

[No. 38.]

AN ACT to amend section six of chapter fifteen of the Revised Statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," as amended, being compilers' section two hundred fortyfive of the Compiled Laws of nineteen hundred fifteen, relative to removal from office.

The People of the State of Michigan enact:

amended.

SECTION 1. Section six of chapter fifteen of the Revised Section Statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," as amended, being compilers' section two hundred forty-five of the Compiled Laws of nineteen hundred fifteen, relative to removal from office, is hereby amended to read as follows:

Governor

may remove officers.

certain

etc.

of charges.

SEC. 6. The Governor may remove all county officers chosen by the electors of any county or appointed by him; and shall also remove all justices of the peace and township officers chosen by the electors of any township; or city or village officers chosen by the electors of any city or village, or any ward or voting district thereof, when he shall be satisfied from sufficient evidence submitted to him as hereinafter pro- Evidence of vided, that such officer is incompetent to execute properly the incompetence, duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this State that such officer after his election or appointment shall have been convicted of a felony; but the Verification Governor shall take no action upon any such charges made to him against any such officer until the same shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true. But no such officer shall be removed for such misconduct or Hearing. neglect unless charges thereof shall have been exhibited to the Governor as above provided and a copy of the same served on such officer and an opportunity given him of being heard in his defense: Provided, That the service of such Proviso, charges upon the person or persons complained against shall service, how be made by handing to such person or persons a copy of such charges, together with all affidavits or exhibits which may be attached to the original petition if such person or persons can be found; and if not, by leaving a copy at the last place of residence of such person or persons, with some person of suitable age, if such person can be found; and if not, by posting it in some conspicuous place upon his last known place

had.

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