To make annual report. What to set forth.. or until others are appointed in their stead. If the stockholders so direct the same person may hold the office of secretary and treasurer. (7048) SEC. 12. Every corporation subject to this act shall annually, in the month of January or February, make duplicate reports for the fiscal year last ending, of such corporation, on suitable blanks to be furnished by the Secretary of State, as hereinafter provided. Such report shall state the amount each of common and preferred capital stock authorized, and the amount thereof subscribed for, and the amount thereof actually paid in, in cash, and the amount thereof paid in property; the amount of capital invested in real and personal estate, and the present actual value of the same as near as may be estimated; the amount of debts of the corporation, and the amount of credits, and the present estimated value of the credits; the name and postoffice address of each stockholder and the number of shares of preferred and common stock held by him at the date of such report; the name and postoffice address of each officer and director of the corporation, and such other inWho to furnish formation as the Secretary of State may require. It shall be blanks. Reports, how signed. Where filed. Penalty for failure to the duty of the Secretary of State in the month of December in each year, to mail to each corporation which is subject to the provisions of this act, suitable blanks on which shall be printed a copy of this section. Such reports shall be signed by a majority of the board of directors and verified by the oath of the secretary of the corporation, and deposited in the office of the Secretary of State within the said month of January or February. The Secretary of State shall carefully examine such reports, and if upon such examination they shall be found to comply with all the requirements of this section, he shall file one of them in his office and shall forward the other by mail or express to the county clerk of the county in which the office, in this State, for the transaction of the business of said corporation is situated. And it shall be the duty of such county clerk, upon receipt of such report, to immediately cause the same to be filed in his office. If any of the directors of any such corporamake report. tion shall wilfully neglect or refuse to make and deposit the report required by this section, within the time herein specified, they shall each be liable for all the debts of such corporation contracted since the filing of the last annual or special report, and subject to a penalty of twenty-five dollars, and in addition thereto the sum of five dollars for each and every secular day after the first day of March in each year during the pendency of such neglect or refusal, which penalty shall be for the use and benefit of the general fund of this State. The Secretary of State shall, during the last week of June of each year, report to the attorney general in writing, the name and postoffice address of each and every corporation which has failed to comply with the provisions of this section. And upon the receipt of such report, it shall be the duty of the Attorney General to institute proceedings in any court of competent jurisdiction, to collect said penalties, and all necessary expenses incurred by the attorney general in such proceedings shall be Who to prosecute. dissolution. make. audited by the Board of State Auditors, and paid from the general fund of the State. And in case a corporation organized Notice of or doing business under the provisions of this act shall be dissolved by process of law, or whose term of existence shall terminate by limitation, or whose property and franchises shall be sold at mortgage sale, or at private sale, or if for any reason the attitude of the corporation toward the State shall be changed from that set forth in the articles of association, except as is provided in sections two and seventeen, it shall be the duty of the last board of directors of such corporation. within thirty days thereafter, to give writtén notice of such change to the Secretary of State and the county clerk of the county where the office of such corporation is located, signed by a majority of such directors, which said notice shall be recorded as amendments are required to be recorded. And in case of neglect to give such Penalty for notice, they shall be subject to the same penalties provided in neglect to case of neglect to make annual reports, which said penalties shall be collected and applied in the same manner as in case of neglect in making annual reports. The neglect or refusal to file the reports required by this section to be filed, shall be deemed to be wilful when the report required is not filed within the time herein limited. Whenever any corporation has neglected or refused to make and file its report within twenty days after the time limited in this section, the Secretary of State shall cause notice of that fact to be given by mail to such corporation, and to each last known officer and director thereof, directed to their respective postoffice addresses. The certificate Certificate to of the Secretary of State or his deputy, of the mailing of such be evidence notices, shall be prima facie evidence in all courts and places of that fact, and that such notices were duly received by said corporation, officers and directors thereof, severally: Provided, Proviso. Flour milling corporations shall make and deposit annual reports in the month of July or August for the year ending June thirtieth, preceding, and for refusal or neglect to make and deposit the reports required by this section before the first day of September in each year, the directors shall be liable for all the debts of such corporation contracted during the period of such neglect or refusal, and shall be immediately subject to all the penalties provided in this section. All actions and suits Suits. when based on the neglect or refusal of the officers or directors of such corporations to make and file the reports required by this section, shall be commenced within two years next after such neglect or refusal has occurred, and not afterwards. of notice. commenced. (7049) SEC. 13. Every corporation organized or existing Corporate under this act shall have power to have succession by its cor- powers. porate name for the period limited in its charter, or by this act; to sue and be sued in any court of law or equity, with the same rights and obligations as a natural person; to make and use a common seal and alter the same at pleasure; to ordain and establish by-laws for the government and regulation of its affairs, and to alter and repeal the same; to elect all necessary May hold real estate. personal property. officers and to appoint and employ such agents as the business may require. (7050) SEC. 14. Every such corporation shall have power to purchase, hold and convey all such real and personal estate as the purposes of the corporation shall require, and all other real and personal estate which shall have been bona fide conveyed or mortgaged to said corporation by way of security, or May purchase in satisfaction of debts. Any corporation formed under this act may purchase real or personal property necessary for its business, and issue its authorized capital stock to the amount of the value thereof in payment therefor, and the capital stock so issued shall be full paid stock, and not liable to any further call, neither shall the holder thereof be liable to any further payment under any of the provisions of this act, except the liability imposed by section twenty-nine; and in the absence of actual fraud in the transaction, the judgment of the directors as to the value of the property shall be conclusive. And in addition to the powers herein before enumerated, every corporation organized under this act shall possess and exercise all such rights and powers as are necessarily incidental to the exercise of the powers expressly granted herein. It may also purchase and hold any grant of land made by the government to aid in any work of internal improvement. Additional powers. Application of act. SEC. 39. This act shall not include nor apply to any of the corporations provided for in the following statutes: Chapters one hundred sixty-one to one hundred sixty-four, both inclusive; chapters one hundred sixty-six to one hundred seventy-seven, both inclusive; chapters one hundred eighty-six and one hundred eighty-seven, both inclusive; chapters one hundred ninetythree to two hundred twenty-nine, both inclusive, of the Compiled Laws of eighteen hundred ninety-seven, as amended. This act is ordered to take immediate effect. Approved May 21, 1903. Librarian to whom to report. [No. 134.] AN ACT to secure information regarding all public or school libraries in this state. The People of the State of Michigan enact: SECTION 1. Hereafter it shall be the duty of the librarian of any and all public libraries, including township, school district, village or city libraries, to make an annual report regarding the location, condition and support of said library to the county commissioner of schools on or before the thirtieth day of June in each year. libraries, by mitted. SEC. 2. It shall be the duty of the county commissioner of List of schools in each county, immediately after receiving the re- whom and to ports from the several libraries in his county and before the whom transfirst day in September of each year, to transmit to the secretary of the State Board of Library Commissioners at Lansing a complete list of all the libraries other than personal libraries within his county, together with the several reports provided for in section one of this act, blanks for reports in both instances to be furnished by the Board of Library Commissioners. SEC. 3. Act number one hundred ninety-nine of the Pub- Act repealed. lic Acts of nineteen hundred one and all other acts or parts of acts contravening the provisions of this act are hereby repealed. Approved May 21, 1903. [No. 135.] AN ACT to regulate the ordering of stationery, paper, printing and binding under state contracts. The People of the State of Michigan enact: include. to purchase SECTION 1. The Board of State Auditors, in letting con- Contracts, tracts for furnishing stationery and paper under the condi- what to tions of an act approved March twenty-fifth, nineteen hundred three, shall include all such stationery and paper as in their judgment may be needed by the several State departments of the State of Michigan. All of such paper which the necessi- When board ties of State departments require to be purchased in large paper, etc. quantities, shall be so purchased by the Board of State Auditors, and kept in their custody and when required for any purpose by any of said departments, shall be furnished by said. board as provided in section two of this act. All articles in the nature of stationery, including lithographing and embossing, which are purchased for the use of the several State departments, shall be purchased by the Board of State Auditors on requisitions from such departments. tions submitted to SEC. 2. It shall hereafter be the duty of the chief or head when requisiof each state department, or his deputy, or any employe authorized by him, to submit to the Board of State Auditors board. any or all requisitions for paper and the printing and binding thereof, whether for the current use of said department o for the printing and binding of such reports as may be required by law to be issued, and requisitions for all printing and binding for such departments, and said board shall thereupon furnish to the state printer or binder with whom the state may at such time have a contract, the necessary orders for doing such work, together with such paper as may Bills to allow. Proviso. Repealing clause. be required therefor; such work when completed to be returned to such board, whose duty it shall be to keep a record thereof, and by it delivered to the department entitled thereto. SEC. 3. The said Board of State Auditors shall audit and allow only such bills for stationery, for paper, or for printing and binding for any of said State departments as is furnished in accordance with the provisions of this act: Provided, That all accounts for bills for stationery, or for paper, or for printing and binding for any office or department having a regular appropriation for the general expenses of such department, in which appropriation is included the cost of stationery, paper, printing and binding, shall be charged to such appropriation by the Auditor General on payment of any voucher allowed by said Board of State Auditors therefor. SEC. 4. All acts or parts of acts in so far as they conflict with the provisions of this act are hereby repealed. Approved May 21, 1903. When sentences indeterminate. Term of imprisonment. Proviso. Further proviso. Definite sentence not to be void. [No. 136.] AN ACT to provide for the indeterminate sentence and for the disposition, management and release of criminals under such sentence, and for the expense attending the same. The People of the State of Michigan enact: SECTION 1. Every sentence to the State Prison at Jackson, to the Michigan Reformatory at Ionia, to the State House of Correction and Branch of the State Prison in the Upper Peninsula, and to the Detroit House of Correction, of any person hereafter convicted of a crime, except of a person sentenced for life, or a child under fifteen years of age, shall be an indeterminate sentence as hereinafter provided. The term of imprisonment of any person so convicted and sentenced shall not exceed the maximum term provided by law for the crime for which the prisoner was convicted and sentenced, and no prisoner shall be discharged until after he shall have served at least the minimum term as provided by law for the crime for which he was convicted: Provided, That in all cases where the maximum sentence, in the discretion of the court, may be for life or any number of years, the court imposing sentence shall fix the maximum sentence: Provided further, That in all cases where no minimum sentence is fixed by law, the court imposing sentence shall fix such minimum, which minimum shall not be less than six months. SEC. 2. If, through oversight or otherwise, any person shall be sentenced to imprisonment in the said State prisons for a definite period of time other than for life, said sentence |