neglect, nisde etc. neglect Dy, a eanor, pay C. required or permitted by this act shall willfully swear falsely, SEC. 103. Any officer who shall willfully neglect or SEC. 104. If the cashier of any bank shall willfully neglect or refuse to make and file in the office of the county clerk, a list of the names of the stockholders, the amount of stock held by each, and their respective residences, as provided in this act, or shall willfully make and file any false entry or statement in any such list, he shall be guilty of a misdemeanor and on conviction be punished by a fine not exceeding five hundred dollars. having SEC. 105. Any person who has a lien upon any lands returned for non-payment of taxes, may pay the taxes, interest, and charges thereon; and the receipt of the county treasurer or the State Treasurer therefor, duly countersigned, shall constitute an additional lien on such lands, to the amount therein specified; and the amount so specified shall be collectible, with interest thereon, in the same manner as the original lien. on to waste, ght to barred. SEC. 106. The holder of any tax certificate shall at any time after its issue, have the right to an injunction to restrain waste on any of the lands described in such tax certificate, where such lands are chiefly valuable for timber, and the circuit court in chancery of the county in which such lands are situated shall have jurisdiction to grant such relief on bill or petition where no other relief is sought. tion for must SEC. 107. The right to recover possession of any land by any person claiming through or under any deed executed by the county treasurer by virtue of the provisions of this act shall be forever barred by the actual, open and continuous possession of any person claiming such land adversely to such tax deed for the period of five years. after the execution of such tax deed: Provided, That if the person claiming through or under such tax deed shall have once taken actual and peaceable possession of such land, by the virtue of his deed, and shall have continued in such actual possession for five years next thereafter, then the provisions of this section shall not apply, but in such case he shall be conclusively deemed the owner in fee simple of such land. SEC. 108. No person shall bring or maintain any action for the recovery of any land or the possession thereof, or make any entry thereupon, unless such action is commenced or entry made within five years after the right to make such entry or to bring such action shall have first accrued tions not to to the plaintiff or to some person through whom he claims when the defendant claims title under a deed made by the county treasurer in pursuance of the provisions of this act. SEC. 109. The [limitation] limitations for bringing actions When limitain the last two preceding sections shall not apply to any apply. person who shall be minor, nor to idiots or insane persons, but such minor may bring such action or actions after the time limited, at any time during his minority and within one year thereafter; nor shall such limitation apply where the taxes for the non-payment of which the land was sold and the tax deed executed were paid prior to the sale or where the land was redeemed from operation of such sale as provided by law, nor where the land was not liable to taxation. printed for dis repealed. SEC. 110. The Auditor General shall, from time to time, To have this act whenever he shall find it necessary, cause to be printed at tribution, etc. the expense of the State, a sufficient number of copies of this act, with such blank forms of delinquent tax record, [certificates] certificate, deeds, tax rolls, and other necessary papers to carry out proceedings under the provisions of this act, and sufficient to furnish [for] each supervisor, township treasurer, township clerk, and county clerk, the necessary copies to each county treasurer, and shall transmit to each county treasurer, at the expense of the county, a sufficient number for such county; and every county treasurer receiving such copies shall immediately transmit to the township clerk of each township the copies to be distributed by him to the officers entitled thereto. SEC. 111. Act 195, laws of 1889, being an act to provide Acts, etc., for the assessment of property and the levy of taxes thereon and for the collection of taxes heretofore or hereafter levied, and all acts or parts of acts in anywise contravening any of the provisions of this act are hereby repealed, but such repeal shall in no manner affect any rights which may have accrued, or may hereafter accrue under such [acts] act or parts of acts: Provided, That all lands heretofore returned Proviso. delinquent that have not been offered for sale shall be offered for sale by the Auditor General under act [number] 195, of the laws of 1889, and all proceedings relative to the sale of such lands and the redemption thereof and the issuing of deeds therefor shall be conducted according to the provisions of said act 195, of 1889, by the Auditor General: And provided further, That any lands offered Further proviso, under the above proviso and not sold, or that shall be bid off for the State shall, after such offer or sale to the State, subject to the other provisions of this act. Approved July 7, 1891. Willful neglect, etc., a misdemeanor, etc. Cashier, neglect of duty by, a misdemeanor, etc. Person having lien may pay taxes, etc. Injunction to restrain waste, etc. When right to recover barred. Proviso. When action for recovery must begin. required or permitted by this act shall willfully swear falsely, shall be guilty of perjury and subject to its penalties. SEC. 103. Any officer who shall willfully neglect or refuse to perform any of the duties imposed upon him by this act shall, when no other provision is made herein, be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not exceeding one year, or by a fine not exceeding five hundred dollars, in the discretion of the court, and shall be liable to any person injured thereby to the full extent of the injury sustained. SEC. 104. If the cashier of any bank shall willfully neglect or refuse to make and file in the office of the county clerk, a list of the names of the stockholders, the amount of stock held by each, and their respective residences, as provided in this act, or shall willfully make and file any false entry or statement in any such list, he shall be guilty of a misdemeanor and on conviction be punished by a fine not exceeding five hundred dollars. SEC. 105. Any person who has a lien upon any lands returned for non-payment of taxes, may pay the taxes, interest, and charges thereon; and the receipt of the county treasurer or the State Treasurer therefor, duly countersigned, shall constitute an additional lien on such lands, to the amount therein specified; and the amount so specified shall be collectible, with interest thereon, in the same manner as the original lien. SEC. 106. The holder of any tax certificate shall at any time after its issue, have the right to an injunction to restrain waste on any of the lands described in such tax certificate, where such lands are chiefly valuable for timber, and the circuit court in chancery of the county in which such lands are situated shall have jurisdiction to grant such relief on bill or petition where no other relief is sought. SEC. 107. The right to recover possession of any land by any person claiming through or under any deed executed by the county treasurer by virtue of the provisions of this act shall be forever barred by the actual, open and continuous possession of any person claiming such land adversely to such tax deed for the period of five years after the execution of such tax deed: Provided, That if the person claiming through or under such tax deed shall have once taken actual and peaceable possession of such land, by the virtue of his deed, and shall have continued in such actual possession for five years next thereafter, then the provisions of this section shall not apply, but in such case he shall be conclusively deemed the owner in fee simple of such land. SEC. 108. No person shall bring or maintain any action for the recovery of any land or the possession thereof, or make any entry thereupon, unless such action is commenced or entry made within five years after the right to make such entry or to bring such action shall have first accrued tions not to to the plaintiff or to some person through whom he claims when the defendant claims title under a deed made by the county treasurer in pursuance of the provisions of this act. SEC. 109. The [limitation] limitations for bringing actions When limitain the last two preceding sections shall not apply to any apply. person who shall be a minor, nor to idiots or insane persons, but such minor may bring such action or actions after the time limited, at any time during his minority and within one year thereafter; nor shall such limitation apply where the taxes for the non-payment of which the land was sold and the tax deed executed were paid prior to the sale or where the land was redeemed from operation of such sale as provided by law, nor where the land was not liable to taxation. printed for dis SEC. 110. The Auditor General shall, from time to time, To have this act whenever he shall find it necessary, cause to be printed at tribution, etc. the expense of the State, a sufficient number of copies of this act, with such blank forms of delinquent tax record, [certificates] certificate, deeds, tax rolls, and other necessary papers to carry out proceedings under the provisions of this act, and sufficient to furnish [for] each supervisor, township treasurer, township clerk, and county clerk, the necessary copies to each county treasurer, and shall transmit to each county treasurer, at the expense of the county, a sufficient number for such county; and every county treasurer receiving such copies shall immediately transmit to the township clerk of each township the copies to be distributed by him to the officers entitled thereto. SEC. 111. Act 195, laws of 1889, being an act to provide Acts, etc., for the assessment of property and the levy of taxes thereon repealed. and for the collection of taxes heretofore or hereafter levied, and all acts or parts of acts in anywise contravening any of the provisions of this act are hereby repealed, but such repeal shall in no manner affect any rights which may have accrued, or may hereafter accrue under such [acts] act or parts of acts: Provided, That all lands heretofore returned Proviso. delinquent that have not been offered for sale shall be offered for sale by the Auditor General under act [number] 195, of the laws of 1889, and all proceedings relative to the sale of such lands and the redemption thereof and the issuing of deeds therefor shall be conducted according to the provisions of said act 195, of 1889, by the Auditor General: And provided further, That any lands offered Further proviso. under the above proviso and not sold, or that shall be bid off for the State shall, after such offer or sale to the State, be subject to the other provisions of this act. Approved July 7, 1891. JOINT RESOLUTIONS, 1891. [ No. 1. ] JOINT RESOLUTION proposing an amendment to section one, article nine, of the constitution of this State, relative to the salary of the Attorney General. Resolved by the Senate and House of Representatives of the State of Michigan, That an amendment to section one, of article nine, of the constitution of this State be and the same is hereby proposed, to read as follows: SECTION 1. The Governor shall receive an annual salary of four thousand dollars; the judges of the circuit court shall each receive an annual salary of two thousand five hundred dollars; the Attorney General shall receive an annual salary of two thousand five hundred dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the State Treasurer shall receive an annual salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thousand dollars; the Commissioner of the Land Office shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever for the performance of any duties connected with their office. It shall not be competent for the Legislature to increase the salaries herein provided: Be it further resolved, That said amendment shall be submitted to the people of this State at the next spring election, on the first Monday of April, in the year one thousand eight hundred and ninety-one, and the Secretary of State is hereby required to give notice of the same to the sheriffs of the several counties of this State at least twenty days prior to said election, and the said sheriffs are required to give the several notices required by law, and the several townships and cities in this State shall prepare suitable boxes for the reception of ballots cast for or against said amendment. Each person voting for said amendment shall have written or printed on his ballot the words, "Amendment to the constitution relative to the salary of the Attorney General -Yes," and each person voting against said amendment shall have on his ballot in like manner, "Amendment to the constitution relative to the salary of the Attorney GeneralNo." The ballots shall in all respects be canvassed and returns made as in general elections of State officers. Ordered to take immediate effect. |