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dian of any State or institution funds or money, but who
does not receive any salary or compensation while acting
in such capacity, such State or institution officer may pro-
cure the required bond from any surety company author-
ized by the laws of this State to execute same, and the cost
thereof, not exceeding one per cent per annum, shall be
paid out of the treasury of the State of Michigan, upon
the warrant of the proper officer, after being first allowed by
the Board of State Auditors.

This act is ordered to take immediate effect.
Approved June 12, 1907.

Penalty for

wife or child desertion.

Proviso as to suspended sentence.

[No. 144.]

AN ACT to prevent the desertion and abandonment of wife
or children by persons charged by law with the mainte-
nance thereof; to make such abandonment and desertion a
felony and to prescribe the punishment therefor; to pro-
vide for the care of the dependent wife and children; and
to repeal act number thirty-nine of the public acts of nine-
teen hundred three.

The People of the State of Michigan enact:

SECTION 1. Any person who deserts and abandons his wife or deserts and abandons his minor children under fifteen years of age and without providing necessary and proper shelter, food, care and clothing for them, shall upon conviction be deemed guilty of a felony and punished by imprisonment in the State prison for not more than three years nor less than one year; or by imprisonment in the county jail not more than one year and not less than three months: Provided however, If, at any time before sentence he shall enter into bond to the people of the State of Michigan, in such penal sum and with such surety or sureties as the court may fix, conditioned that he will furnish his wife and children with necessary and proper shelter, food, care and clothProviso as to ing, then the court may suspend sentence therein: Provided, That upon failure of such person to comply with said undertaking he may be ordered to appear before the court and show cause why sentence should not be imposed, whereupon the court may pass sentence, or for good cause shown may modify the order and take a new undertaking and further suspend sentence as may be just and proper.

modification

of order.

Wardens to pay certain sums for benefit of wife

and children.

SEC. 2. When any person is convicted under this act and sentenced to serve a term of imprisonment either in one of the State prisons or in the Detroit House of Correction, the warden of the prison or superintendent of said House of Cor

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rection in which said person shall be confined shall, at the end of each and every week during the period of said term of imprisonment, pay over to any of the superintendents of the poor of the city or county in which the wife or children of such person resides, the sum of one dollar and fifty cents per week, if there be only a wife, and fifty cents per week additional for each minor child under the age of fifteen years, in lieu of any earnings of such person while an inmate therein, said sums to be expended by said superintendent of the poor for the care and support of the wife or children of said person, as the case may be; and it shall be the duty of the Duty of superintendents of the poor of the city or county from which superintend such person shall be committed to furnish the warden of the prison or superintendent of said House of Correction in which said person is confined, with a sworn statement, showing the names of the wife and children who are left dependent upon the city or county for support, their ages and relation they bear to such convicted person.

ents of poor.

tify against

make com

SEC. 3. In the hearing of all complaints under this act, Wife may testhe wife may testify against the husband without his consent. husband. SEC. 4. Any of the superintendents of the poor of the city who may or county or the county agent of the State Board of Correc- plaint. tions and Charities for the county wherein the wife or minor children of the person complained of reside, may make the complaint.

SEC. 5. Act number thirty-nine of the public acts of nine- Act repealed. teen hundred three, and all other acts and parts of acts contravening the provisions of this act are hereby repealed. Approved June 12, 1907.

[No. 145.]

AN ACT for the protection of owners and keepers of stallions, and to repeal act number one hundred sixty-six of the public acts of nineteen hundred five, entitled "An act for the protection of owners and keepers of stallions, and to repeal act number twenty-eight of the public acts of eighteen hundred eighty-seven, entitled, 'An act to protect the owners and keepers of stallions,' and the acts amendatory thereto."

The People of the State of Michigan enact:

mare.

SECTION 1. The owner or keeper of any stallion shall Lien upon have a lien upon the mare served by any such stallion in breeding thereof, for the amount of the service fee according to the terms of the agreement under which said mare is bred; such lien shall continue for the period of eighteen

Lien upon get of stallion.

Contract to be signed.

Form.

When contract valid as against

a bona fide purchaser.

Enforcement of lien.

months after the date of such service; and shall also have a lien upon the get, if any, by such stallion for the amount of the service fee of such stallion, and such lien shall continue for a period of six months after the birth or foal of such get.

SEC. 2. The owner or keeper of a stallion in order to obtain and perfect such lien shall require the owner of such dam to sign a contract in substantially the following form: This agreement made and entered into by and between.. first party, of ......

owner and keeper of the stallion named..
second party, of

and ...

Michigan,

Michigan, owner of dam described as follows: Name.

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years, color

pounds, and served this day by said

stallion. Service fee $..

.. due ... due

...

To insure service fee $.
First party shall have a lien on the mare for such service fee
for a period of eighteen months from this date and shall also
have a lien upon the get of said stallion, if any, for such
service fee, for a period of six months after the birth or foal
of such get. Second party to have return privilege for the
season as follows: ..

The lien, herein provided, shall be enforced by the seizure of
the property and the sale thereof after like notice as re-
quired by law for constable's sales. Such seizure may be
made at any time when first party may deem himself in-
secure, or if the owner of said dam or colt shall sell, assign
or dispose of, or attempt to sell, assign or dispose of the
property, or remove or attempt to remove the same from the
township of
county of....
Michigan. The sale may be made at any time after such
seizure and the giving of the notice as herein provided.

In witness whereof the parties hereto have this ....
.....day of .....

their respective names.

"

A. D. .....

subscribed

SEC. 3. The lien herein provided shall not be valid as against a subsequent bona fide purchaser unless the owner or keeper of such stallion, or his assign, shall, after such service and before a bona fide sale of such mare or colt, file with the township or city clerk in the township or city wherein such property is owned or kept the contract or a true copy thereof as entered into by the owners or keepers of said stallion and said dam and shall pay to the clerk the sum of twenty-five cents as a filing fee. The lien as between the parties to the contract shall be absolute without any filing of such contract.

SEC. 4. Such lien may be enforced by the owner or keeper of such stallion, or by any person to whom such debt may be assigned, by seizure and sale of the colt or mare, or both, mentioned in said lien, or so much thereof as may be necessary to satisfy said debt, and also the reasonable expense of

such seizure and sale, returning the residue, if any, to the owner of such colt or mare. Such seizure and sale to be made according to the provisions of this act: Provided, Proviso, as That no recovery can be had for the services of such stal- to misreprelion, where the owner or keeper thereof has wilfully or fraudulently misrepresented the breeding of such stallion.

sentation.

SEC. 5. Act number one hundred sixty-six of the public Act repealed. acts of nineteen hundred five, and all acts in conflict with the provisions of this act are hereby repealed. Approved June 12, 1907.

[No. 146.]

AN ACT to amend section two of act number two hundred thirty-two of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations."

The People of the State of Michigan enact:

amended.

SECTION 1. Section two of act number two hundred thirty- Section two of the public acts of nineteen hundred three, entitled “An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations," is hereby amended to read as follows:

etc.

SEC. 2. The articles of association of every such corpora- Blanks, who tion shall be made on suitable and uniform blanks which it to furnish, is hereby made the duty of the Secretary of State to furnish on application free of charge, or upon blanks substantially uniform approved by the Secretary of State, which articles shall be signed by the persons associating in the first instance and acknowledged before some person authorized by the laws of this State to take acknowledgments of deeds, and shall state:

First, The name assumed and by which the corporation Name. shall be known in law: Provided, No name shall be assumed Proviso. already in use by any other existing corporation of this

Purposes.

Place of business.

Capital stock.

Shares.

Amount paid in.

Description

State, or corporation lawfully carrying on business in this
State, or so nearly similar as to lead to uncertainty or con-
fusion;

Second, Distinctly and definitely, the purpose or purposes
for which the corporation is formed, and it shall not be law-
ful for said corporation to divert its operations, or appro-
priate its funds to any other purpose, except as hereinafter
provided;

Third, The principal place or places at which its operations are to be conducted;

Fourth, The amount of the total authorized capital stock, which shall not be less than one thousand dollars, and not more than twenty-five million dollars; the amount of capital stock subscribed, which shall not be less than fifty per cent of the authorized capital stock; the articles may provide for common and preferred stock subject to section thirty-five, and in that case shall contain an exact statement of the terms upon which the common and preferred stocks are created, and the amount of each subscribed, and the amount of each paid in;

Fifth, The number of shares into which the capital stock is divided, which shall be of the par value of ten dollars or one hundred dollars each;

Sixth, The amount of capital stock paid in at the time of executing the articles, which shall not be less than ten per cent of the authorized capital, and in no case less than one thousand dollars, except in case of a capitalization of two thousand dollars or under, when it shall be twenty-five per cent thereof, and the amount so paid in shall not be reduced below such per cent of its capital. Such capital stock may be paid in, either in cash or in other property, real or perof property. -sonal; but where payment is made otherwise than in cash there shall be included in the articles an itemized description of the property in which such payment is made, with the valuation at which each item is taken, which valuation shall Proviso, kind be conclusive in absence of actual fraud: Provided, That only such property shall be so taken in payment for capital stock as the purposes of the corporation shall require, and only such property as can be sold and transferred by the corporation, and as shall be subject to levy and sale on execution, or other process issued out of any court having competent jurisdiction, for the satisfaction of any judgment or decree against such corporation: And Provided further, That davit of value. there shall be made and attached to any such articles of as

of property.

Proviso, affi

Office in state.

sociation an affidavit by at least three of the organizers of
such corporation, that they know the property described in
such articles of association and that the same has been
actually transferred to such corporation, and that such prop-
erty is of the actual value therein stated;

Seventh, The place in the State of Michigan where the office
of the company is located;

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