Resolution of council. to treasurer, get receipt. provisions of this act to settle with said applicant the amount of the city taxes, interest and charges, upon such terms and conditions as it shall deem best, and may remit, compromise and adjust the city taxes on said lands of the applicant upon any terms and conditions which in its judgment are advisable. Should a compromise settlement be recommended by the common council, the terms and conditions upon which the settlement of the city taxes with said applicant on said land or lands are to be made, shall be set forth in a resolution in writing, and adopted by a majority vote of the common council of Applicant to pay the city of Saginaw. In all settlements of city taxes made under the provisions of this act the applicant shall pay the amount agreed upon to the treasurer of the city of Saginaw and obtain a receipt therefor, and the applicant, upon presenting said receipt, showing that he has paid in full the amount provided in said resolution, together with a certified copy of said resolution, to the Auditor General of the State of Michigan, and paying to the Auditor General the total amount of State and county taxes, together with interest and charges thereon against said lands, at the time said application shall be made, thereupon the Auditor General shall execute a receipt or receipts, certificate or conveyance, whereby said lands held by the State at the time said application was made, shall be transferred to the applicant and wholly relieved from all liens for such tax as for such years, subject to the provisions of the general tax laws of the State. When auditor general to ex ecute conveyance, etc. State tax lands, where subject to sale. Proviso as to persons desiring to purchase. Council may settle with applicant. Resolution. SEC. 2. All lands within the corporate limits of the city of Saginaw held by the State as State tax lands, or as State bids, for the year A. D. nineteen hundred, and prior years, shall be subject to sale at the office of the Auditor General to any person applying therefor, subject to the general tax laws of the State: Provided, Any person desiring to purchase any of said lands or State bids for said years may, at any time after this act shall take effect, by petition in writing, apply to the common council of the city of Saginaw for a reduction of the total amount of city taxes, interest and charges against said lands at the time of said application, and the common council of the city of Saginaw is hereby authorized and empowered by the provisions of this act to adjust with said applicant the amount of the city taxes, interest and charges, upon such terms and conditions as it shall deem best, and may remit, compromise and adjust the city taxes on said lands of the applicant upon any terms and conditions which in its judgment are advisable. Should a compromise settlement be recommended by the common council, the terms and conditions upon which the settlement of the city taxes with said applicant on said land or lands are to be made, shall be set forth in a resolution in writing and adopted by a majority vote of the common council of the city of Saginaw. In all settlements of city taxes made under the provisions of this act, the applicant shall pay the amount agreed upon to the treasurer of the city of Saginaw and obtain a receipt therefor, general to ex and the applicant, upon presenting said receipt showing that he has paid in full the amount provided in said resolution, together with a certified copy of said resolution, to the Auditor General of the State of Michigan, and paying to the When auditor Auditor General the total amount of State and county taxes, ecute deed, etc. together with interest and charges thereon against said lands, at the time said application shall be made, thereupon the Auditor General shall execute and deliver to the purchaser a receipt, certificate or deed, conveying all the right, title and interest of the State to such tax land or lands acquired or accrued by virtue of the original sale or sales of said land or lands to the State, subject to the provisions of the general tax laws of the State. SEC. 3. All moneys paid to the Auditor General under the Moneys, how applied. provisions of this act shall be applied as provided by the general tax laws of this State, and all moneys paid to the city treasurer shall by the treasurer of the city of Saginaw be apportioned between the several funds to which they belong: Provided, That from all moneys realized under this act from Proviso. any property against which there is a tax for local improvements, said local improvement tax shall first be satisfied, and the balance apportioned among the several funds as above. undivided share SEC. 4. Any person owning an undivided share, or other How owner of part of any real estate assessed in one description, may pay may pay city tax. the city tax, if authorized by the common council, by paying on each part thus owned the amount of city tax having the same relation to the whole city tax as the part on which payment is made has to the whole parcel. The person making such payment shall accurately describe the part on which he makes payment, and if the lands of two or more persons have been assessed together, the common council or the Auditor General, if practicable, may separate the same and apportion to each parcel its just proportion of the taxes, interest and charges. act. SEC. 5. None of the taxes assessed for any year subsequent Taxes affected by to nineteen hundred shall be affected by the provisions of this act, excepting reassessed taxes for the year nineteen hundred, and prior years. SEC. 6. The words "State taxes" herein shall be construed State, county and city taxes, how to mean those taxes apportioned by the Auditor General to construed. the county of Saginaw; the words "county taxes" shall mean all those taxes raised, spread upon and apportioned to the several townships, city and villages, by the board of supervisors of said county; the words "city taxes" shall mean those taxes returned by the city treasurer of the city of Saginaw to the county treasurer of the county of Saginaw as city taxes, school taxes, special taxes, and all other taxes excepting State and county taxes, as above defined; and the word "person" shall be construed to mean corporation, firm, "Person." copartnership or partnership association limited. SEC. 7. If any person makes application to the Auditor When council to General to pay the State and county taxes, interest and other refund money to applicant, Certain proceedings, general laws to govern. When settlements Repealing clause. charges, upon any description of lands, or seeks to purchase any State tax lands bid off to the State for unpaid taxes, and the Auditor General is unable to deed said lands to said applicant or discharge the lien for the non-payment of taxes on account of prior application to purchase said lands having been made theretofore by another party, or sale of said lands having been made by the State, the common council of the city of Saginaw, by resolution, may instruct the city treasurer to refund said sum of money as may have been paid to said officer by said applicant under the provisions of this act. SEC. 8. All questions, matters and proceedings not otherwise provided for in this act shall be governed by the general tax laws of this State. SEC. 9. All settlements of taxes on property in the city of Saginaw, on and after the first day of January, A. D. nineteen hundred seven, shall be made only under the general tax laws of this State, and after said date the provisions of this act shall be inoperative for the purpose of making such settlement. SEC. 10. All acts or parts of acts contravening or in Bond required for payment of subcontractors. Subcontractors to give written notice. [No. 187.] AN ACT to insure the payment of subcontractors and wages earned and material used in constructing, repairing or ornamenting public buildings and public works. The People of the State of Michigan enact: SECTION 1. When public buildings or other public works are about to be built, repaired or ornamented under contract at the expense of the State, or of any county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contracting on behalf of the State, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, repairing or ornamenting of such building or works. SEC. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act required to be given by the principal contractor, and that in the case of the giving to benefit of of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said When entitled subcontractor shall be entitled, subject to the rights of the security, etc. persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished materials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal contractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall attempt to relieve the principal contractor as against the demands of those performing labor or furnishing materials to the subcontractor. SEC. 3. Such bond shall be executed by such contractor to Bond, to whom executed; sureties, the people of the State of Michigan in such amount and with by whom such sureties as shall be approved by the board of officers or approved, etc. agents acting on behalf of the State, county, city, village, township, or school district as aforesaid, and shall be conditioned for the payment by such contractor to any subcontractor or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any subcontractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works: Provided, however, That the principal contractor shall not be Proviso. required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt or the written orders of such parties to pay the sums due to them to subcontractors. Such bond shall be deposited with and held by Where deposited. such board of officers or agents for the use of any party interested therein. had on bond. SEC. 4. Such bond may be prosecuted and a recovery had Recovery to be by any person, firm or corporation to whom any money shall be due and payable on account of having performed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this State for the use and benefit of such person, firm or corporation: Provided, however, That in the case of a Proviso. suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or materials contracted for by him: And provided further, That in no case Further proviso. brought under the provisions of this act shall the people of this State be liable for costs. Approved June 7, 1905. Section amended. Ownership and conveyance of real estate. Service of process. Proviso as to service of process. Repealing clause. [No. 188.] AN ACT to amend section ten of an act, entitled "An act authorizing the formation of partnership associations, in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances," approved May twenty-two, eighteen hundred seventy-seven; and to repeal all acts or parts of acts in conflict herewith. The People of the State of Michigan enact: SECTION 1. Section ten of an act, entitled "An act authorizing the formation of partnership associations, in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances," approved May twenty-two, eighteen hundred seventy-seven, being section six thousand eighty-eight of the Compiled Laws of this State of the year eighteen hundred ninety-seven, is hereby amended so as to read as follows: SEC. 10. All real estate owned or purchased by any association, created under and by virtue of this act, shall be held and owned and conveyance thereof shall be made in the association name; said association shall sue and be sued in their association name; and when suit is brought against any such association, service of process and other papers in such suit prior to appearance therein by defendant, shall be made upon the chairman, secretary or treasurer thereof: Provided, If no such officer reside in the county where the principal office or place or business of such association is located, or no such officer be found in such county within five days after the commencement of such suit, service of such process and papers may be made upon such association by service thereof upon any clerk, agent or attorney thereof in its office or place of business named in its articles of incorporation, which service shall be as complete and effective as if made upon each and every member of such association. SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. This act is ordered to take immediate effect. |