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State Auditors to examine proposals and let contracts, etc.
Further proviso, time: Provided further, That if from any cause it shall
not be practicable for the Secretary of State to advertise as provided in this section, in the month of April, one thousand eight hundred and ninety-one, then the said Secretary of State shall have the right to advertise for such bids as soon thereafter as practicable, by giving the same notice and observing all the provisions of this 'section as near as
SEC. 2. Said notice shall specify the kind and quality of the articles, but under no circumstances shall the name of the manufacturer or brand be given in any advertisement or specifications of articles for which proposals are to be received. Ample security shall be required for the faithful performance of each and every contract made in pursuance of said notice. All stationery and supplies in the nature of stationery, school and janitor's supplies, of which such a quantity can be foreseen as will last till the next contract is let, and provided they can be bought in sufficient quantities to make it an object, shall be placed under contract. Each bidder for stationery shall furnish at the time of putting in his bid samples of the articles asked for, corresponding with his bid, said samples to be marked with the item, number and price, and no bid shall be entertained for items on which no samples are furnished.
SEC. 4. At the time and place certified in said notice, it shall be the duty of the board of State auditors to meet and then and there proceed to open and examine all pro
posals received by the Secretary of State, pursuant to such Proviso. notice: Provided, That no bid shall be entertained unless
accompanied by a guarantee bond, in such amount as said board of State auditors shall require, conditioned that the bidders will enter into the contract if awarded them. The board of State auditors shall properly prepare a schedule of all bids, and examine and compare the samples for stationery separately, and immediately enter into written contracts to commence on the first day of July, one thousand eight hundred and ninety-one, with the person or persons whose propositions are the lowest, and who shall execute bonds to the people of the State of Michigan, jointly and severally, with good and sufficient sureties, in such penal sums as the board of State auditors shall require for the faithful performance of said contract, and stipulating that in case of the failure of the bidders to perform their contract, such bondsmen shall pay the difference, if any, between the amount of the bid made by the contractor and the price of such goods in open market. Failure upon the part of any contractor to furnish goods within a reasonable time, complying with contract sample, shall, in the discretion of the board, work a forfeiture of said contract, and the board may purchase such goods in open market, charging any increase of the cost thereof to said contractor, and may call upon the bondsmen to pay said amount upon the
failure of the contractor so to do: Provided further, That Further proviso.
This act is ordered to take immediate effect.
[ No. 84. ] AN ACT to amend chapter ten of act number one hundred
and sixty-four of the public acts of eighteen hundred and eighty-one, approved May twenty-first, eighteen hundred and eighty-one, entitled “An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act,” as amended by act number fifty-three of the public acts of eighteen hundred and eighty-three, by adding thereto a new section, to stand as section number six.
SECTION 1. The People of the State of Michigan enact, Chapter That chapter ten of act number one hundred and sixty-four of the public acts of eighteen hundred and eighty-one, approved May twenty-first, eighteen hundred and eightyone, entitled “An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act” as amended by act number fifty-three of the public acts of eighteen hundred and eighty-three, be and is hereby amended by adding thereto a new section, to stand as section number six, said section to read as follows:
SEC. 6. Whenever the trustees of any organized graded Duty of trustees school district shall be presented twenty days before the annual meeting thereof with a petition signed by ten electors of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district there shall be submitted to said annual meeting the proposition to change from a graded school district to one more primary school districts the said trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said
in certain cases,
In case of vote to change, etc.
meeting shall vote to change to one or more primary school
This act is ordered to take immediate effect.
[ No. 85. ]
AN ACT to provide for the incorporation of companies
furnishing automatic electric fire-alarms. Number of
SECTION 1. The People of the State of Michigan enact, incorporators. That any five or more persons may organize a corporation
under this act for the purpose of furnishing automatic electric fire-alarms in the manner following, to wit: The
persons associating shall sign and acknowledge before any What articles officer competent to take acknowledgments of deeds, articles shall contain
which shall contain: Statement. First, A statement that the same are entered into for
the purpose of organizing a corporation under this act; Name.
Second, The name of the corporation to be organized;
Fourth, The term of the existence of such corporation,
which shall not exceed thirty years; Amount of Fifth, The amount of its capital stock which shall not
exceed two hundred fifty thousand dollars and the number of shares into which the same shall be divided; the amount of the capital stock subscribed at the time of the exe
cution of such articles, and the amount paid thereon; Purpose.
Sixth, The purpose for which the said company is organ
ized; Number of
Seventh, The number of directors, which shall not be less directors, than five, to manage the affairs of said corporation; First directors. Eighth, The names of the persons to act as the first
directors. Each subscriber shall set opposite his name, his place of residence, and the number of shares of stock by him subscribed. Such articles shall be recorded in the office of the clerk of the county in which the principal
business office of such corporation is to be located, and a copy thereof filed in the office of the Secretary of State, and thereupon such corporation shall be deemed fully organized.
SEC. 2. The stock, property, and affairs of every corpo- Directors, how ration organized hereunder shall
be managed by its directors. The directors shall be chosen annually by the stockholders, at such time and place as shall be provided by the by-laws, and shall continue in office for one year and until others shall be chosen in their stead. No person except a stockholder shall be a director.
SEC. 3. The stock of every such corporation shall be shares. divided into shares of ten dollars each, and shall be deemed personal property.
SEC. 4. Every such corporation shall have power to con- Power of corpostruct and maintain or hire lines of wire or other material for use in the transmission of automatic electric fire-alarm signals along, over, across or under any public places, streets and highways, and across or under any of the waters in this State, with all necessary erections and fixtures therefor, proper license therefor being first · obtained: Provided, Proviso. That the same shall not injuriously interfere with other public uses of the said places, streets and highways, and the navigation of said waters; to construct, provide and furnish instruments, devices and facilities for use in the origination and transmission of such signals, and to construct, maintain and operate a central office and stations, and generally to conduct and carry on the business of originating, providing and supervising automatic electric fire-alarm signals.
SEC. 5. Service of legal process against any such corpo- How legal proration may be made upon any officer of such corporation found within the county in which the action shall have been commenced, or by leaving a copy of such process at any exchange or business office of such corporation within such county, with the person in charge thereof.
SEC. 6. Any person who shall unlawfully injure or molest Injury to properany line of wire, or property appurtenant thereto of any meanor. such corporation, or any of the instruments or apparatus of such corporation, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not Penalty. exceeding one hundred dollars, or imprisonment in the county jail not exceeding three months, or both, in the discretion of the court in which such conviction shall be had.
SEC. 7. The stockholders of all corporations organized stockholders under this act shall be individually liable for all labor performed, and materials furnished for said corporation during the time they were stockholders as aforesaid, which said liability may be enforced against any stockholder, founded on this statute, at any time after an execution shall be returned not satisfied against such company: Provided Proviso. always, That if any stockholder shall be compelled by any
cess may be served,
such action to pay such debts of any creditor, or any part thereof, he shall have the right to call upon all the stockholders to contribute their part of the sum so paid by him as aforesaid, and may sue them jointly or severally, or any number of them, and recover in such action the ratable
amount due from the person or persons so sued. Subject to gener SEC. 8. All corporations organized under this act shall al provisions of be subject to the general provisions of the existing and
subsequent laws of this State relating to corporations, so
This act is ordered to take immediate effect.
[ No. 86. ] AN ACT to authorize any railroad company, who owns,
has possession of and is operating a railroad constructed and equipped and whose railroad amd railroad property and franchises are not mortgaged, to issue bonds and to secure the same by a mortgage on its property and franchises.
Authority to bond, etc.
SECTION 1. The People of the State of Michigan enact, That any railroad company who owns, has possession of and is operating a railroad constructed and equipped, and whose railroad and railroad property and franchises are not mortgaged, shall have the right to issue bonds and to mortgage its corporate property and franchises to secure the payment of the said bonds, and may issue such bonds and dispose of the same in such manner as shall be determined upon by a vote of the owners of the entire capital stock of the said company, at a meeting duly called for that purpose.
SEC. 2. It shall be lawful for the owners of the entire capital stock of any such railroad company, at a meeting duly called for that purpose, to determine the form of the bonds referred to in section one of this act, and the length of time they shall have to run and the rate of interest that they shall bear, not exceeding ten per cent; and also the form of the said mortgage or trust deed and what provisions the same shall contain, and the trustee or trustees to whom
Owners to determine form, etc., of bonds, etc.