viso as to deceased. 3 deceased person: Provided, That whenever the words "the Proviso. opposite party" occur in this section it shall be deemed to include the assignors or assignees of the claim or any part thereof in controversy: And provided further, That when- Further proever the deposition, affidavit or testimony of such deceased amdavit of party taken in his lifetime shall be read in evidence in such suit or proceeding, that the affidavit or testimony of the surviving party shall be admitted in his own behalf on all matters mentioned or covered in such deposition, affidavit or testimony: And provided further, That when the testimony Further or deposition of any witness has once been taken and used (or shall have heretofore been taken and used) upon the trial of any cause, and the same was, when so taken and used, competent and admissible under this act, the subsequent death of such witness or of any other person, shall not render such testimony incompetent under this act, but such testimony shall be received upon any subsequent trial of such cause. This act is ordered to take immediate effect. Approved April 9, 1903. proviso. [No. 31.] AN ACT to regulate the method of procedure and the practice of the law in the circuit court for the County of Wayne. The People of the State of Michigan enact: make list of causes. SECTION 1. Hereafter whenever a cause shall be at issue in When clerk to the circuit court for the County of Wayne, either at law or in chancery, either party, or the attorney or solicitor for either party, may request the clerk of said court to place the same upon a list to be by him prepared, of causes ready for trial, and said cause shall then be in condition, after the lapse of one week, to be tried as the judges of said court may from time to time direct. monthly list. SEC. 2. The clerk of said court shall monthly prepare To print printed lists of enough cases ready for trial and at issue, under the direction of the court, as will suffice to keep said court busy for one calendar month, and the causes on said list shall stand for trial before said court without further notice, in their order as directed by said court, except that said court may assign from day to day, a still smaller number to facilitate its work, said court being hereby authorized at any time it may find its monthly call exhausted to make another call and have the clerk of said court print the same at the expense of the county, in order that work may be expedited in said court. SEC. 3. The county clerk shall, under the direction of the Drawing of circuit judges of said circuit court, in the manner authorized jury. Jurors not exempt from further duty. Proviso. Repealing clause. by law, once in each calendar month, draw a fresh panel of citizens qualified for jury duty, to sit and act as jurors in said court, whose respective terms of jury duty, except to finish some partly tried cases, shall not exceed thirty days each, except that during the months of July and August the clerk of said court by direction of the judges may omit the calling of any jurors, and any person who shall serve as a juror in a court of record in said county shall be disqualified for further jury duty for the term of one year, in courts of record in said county. SEC. 4. A talesman called to serve as a juror in any court of record in said County of Wayne shall not be thereby exempted from further jury duty under section three of this act: Provided, That any juror who has acted as a member of a panel whether summoned on the original panel or added thereto as talesman within one year theretofore may be challenged by either party; such challenge to be over and above all other things allowed by law. SEC. 5. All acts and parts of acts inconsistent herewith are hereby repealed. This act is ordered to take effect July first, nineteen hundred three. Approved April 15, 1903. When to be submitted. Who to give notice of. [No. 32.] AN ACT to provide for the submission, to the qualified electors, of the question of calling a convention for the purpose of making a general revision of the Constitution. The People of the State of Michigan enact: SECTION 1. That at the general election to be held on the first Tuesday after the first Monday of November in the year nineteen hundred four, the question of calling and holding a convention for the purpose of making a general revision of the Constitution, pursuant to the provisions of section two, or article twenty of the Constitution, shall be submitted to the electors of the State qualified to vote for members of the legis lature. The Secretary of State is hereby required to certify the question of the general revision of the Constitution to the clerks of the several counties of this State at least fifteen days previous to the said election in the same manner as is now provided by law for the certification of constitutional amendments, and to give notice of the same to the sheriffs of the several counties as provided by law. separate. SEC. 3. The ballots upon which the question of the general Ballots to be revision of the Constitution shall be submitted to the qualified electors of the State, shall be separate and distinct from any and all ballots containing the names of nominees for public office or relating to amendments to the Constitution, and shall be as follows: GENERAL REVISION OF THE CONSTITUTION. Shall a convention for the purpose of a general revision of the Constitution be held? "Yes [ ]." "No [ ]." Form of. Said ballots shall be printed by the board of election com- How printed, missioners of the several counties, and shall conform in all etc. respects, including perforation and numbering (not inconsistent herewith), to the provisions of law relating to the submission of amendments to the Constitution, and shall be delivered to the inspectors and electors, and be taken, counted, canvassed and returned in all particulars in the same manner as is provided by law for the submission of constitutional amendments and the counting, canvassing and returning of the vote thereon. Approved April 16, 1903. [No. 33.] AN ACT to amend section thirty-three of act number one hundred thirteen of the public acts of eighteen hundred seventy-seven, entitled "An act to revise the laws providing for the incorporation of companies for mining, smelting or manufacturing iron, copper, silver, mineral coal, and other ores or minerals, and to fix the duties and liabilities of such corporations," as amended, being section seven thousand and twenty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section thirty-three of act number one hun- Section dred and thirteen of the public acts of eighteen hundred seventy-seven, entitled "An act to revise the laws providing for the incorporation of companies for mining, smelting, or manufacturing iron, copper, silver, mineral coal, and other ores or minerals, and to fix the duties and liabilities of such corporations," as amended, is hereby amended to read as follows: To make report in duplicate. Where filed. Who to prepare blanks. SEC. 33. Such report shall be executed in duplicate by said president and secretary, and shall be sworn to before some officer authorized to administer oaths. If sworn to outside the limits of the State it shall be before a commissioner for Michigan, a notary public having a seal, or any other person authorized to take acknowledgments of deeds. Such duplicate report shall be filed on or before the thirty-first day of July annually, one copy with the Secretary of State of this State, and the other with the clerk of the county in this State where the mine or smelting or manufacturing works of the corporation are principally or wholly situated. If any person signing such duplicate report shall, as to any material facts therein stated, wilfully swear falsely, he shall be deemed guilty of perjury. Blank reports shall be prepared by the Secretary of State and furnished to any corporation on application therefor. Whenever any corporation ceases to carry on business for one year or more it shall not be required to make such reports until it again commences business. Approved April 16, 1903. Section amended. When unlaw business. [No. 34.] AN ACT to amend section one of act number two hundred and six of the public acts of nineteen hundred one, entitled "An act to prescribe the terms and conditions on which foreign corporations may be admitted to do business in Michigan." The People of the State of Michigan enact: SECTION 1. Section one of act number two hundred and six of the public acts of nineteen hundred one, entitled "An act to prescribe the terms and conditions on which foreign corporations may be admitted to do business in Michigan," is hereby amended to read as follows: SEC. 1. It shall be unlawful for any corporation orful to carry on ganized under the laws of any state of the United States (except the State of Michigan), or of any foreign country to carry on its business in this State, unless it shall first have filed and recorded, in the office of the Secretary of State, a certified copy of its charter, or articles of incorporation, and have filed evidence of appointment of an agent in this State to accept service of process and have paid to the Secretary of State the requisite filing and recording fees and franchise fees in amount and to be determined as follows: With whom to Such corporation, by its president, secretary, treasurer and superintendent, or any two of them, shall make and file with the Secretary of State a statement duly sworn to by file statement. at least two of such officers, in such form as the Secretary of State may prescribe, containing the following facts: cation of Mich erty, etc. decision of First, The location of the office or offices of the company in To contain loMichigan, and the names and addresses of the officers or igan office. agent of the company in charge of its business in Michigan; Second, The value of the property owned and used by the Value of propcompany in Michigan, where situated, and the value of the property owned and used by the company outside of Michigan, the aggregate amount of business transacted by said company during the preceding year, and the proportion of such business transacted in this State, and such other facts bearing on this matter as the Secretary of State may require. From the facts thus reported, and any other facts coming Amount of to his knowledge bearing upon the question, the Secretary of franchise fee. State shall determine the proportion of the capital stock of the company represented by its property and business. in Michigan. Such company shall pay to the Secretary of State one-half a mill on each dollar of the proportion of its authorized capital stock represented by the property owned and used and business transacted in Michigan, determined as above provided. But such fee shall in no case be less than twenty-five dollars. Any such corporation shall have Appeal from the right on application, to be heard by the Secretary of State secretary of touching the matter of the determination of the proportion state. of its capital stock represented by property used and business done in Michigan. Any corporation aggrieved by the decision of the Secretary of Sate, may, within ten days, appeal to the Auditor General, State Treasurer and Attorney General, whose decision in the matter shall be final. Every How may incorporation which has paid a franchise fee and been admit- crease capital. ted to do business in this State, which shall thereafter increase its authorized capital, or shall increase the proportion of its capital stock, represented by property used and business done in Michigan, shall within thirty days after such increase file an additional statement with the Secretary of State, and pay an additional fee of one-half of one mill on each dollar of the amount of increase of its capital stock, represented by property owned and business done in Michigan, and any such corporation shall, at any time when requested by the Secretary of State, file an additional statement, under oath of at least two of its officers, showing the proportion of its property used and business transacted in Michigan. Every corporation subject to the provisions of this Penalty for section which shall neglect or fail to comply with its re- ply with act. quirements, shall be subject to a penalty of one thousand dollars for every month that it continues to transact any business in Michigan, without complying with the requirements of this section, to be recovered by action in the name of the people of the State of Michigan in any court of competent jurisdiction. No foreign corporation, subject to the failure to com |