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as other State taxes are assessed, levied and collected, which sum,
when collected, shall be credited to the general fund to reimburse
it for the sum appropriated by section one of this act.
This act is ordered to take immediate effect.
Approved June 7, 1889.

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[No. 137.]

AN ACT making an appropriation for the maintenance and support of the Mining School at Houghton, [in the county of Houghton,] Michigan, for the years eighteen hundred eightynine and eighteen hundred ninety.

SECTION 1. The People of the State of Michigan enact, That the sum of forty-four thousand dollars be and the same is hereby appropriated out of the general fund for the support and maintenance of the Mining School at Houghton, in the county of Houghton, Michigan, of which sum one-half shall be used during the year eighteen hundred eighty-nine and the remainder during the year eighteen hundred ninety for that purpose. SEC. 2. The Auditor General shall add to and incorporate with the State tax for the year eighteen hundred eighty-nine the sum of twenty-two thousand dollars, and for the year eighteen hundred ninety the sum of twenty-two thousand dollars, to be assessed, levied and collected [as other State taxes are assessed, levied and collected,] which sums, when collected, shall be placed to the credit of the general fund to reimburse it for the sum appropriated by section one of this act.

This act is ordered to take immediate effect.
Approved June 7, 1889.

pp op lation.

Fu the appropriation.

[No. 138.]

AN ACT making appropriations for the Reform School for the years eighteen hundred and eighty-nine and eighteen hundred and ninety.

SECTION 1. The People of the State of Michigan enact, That the sum of fifty-three thousand dollars for the year eighteen hundred and eighty-nine, and the further sum of fifty-three thousand dollars for the year eighteen hundred and ninety, or so much of the said sums as may be necessary, are hereby appropriated to defray the current expenses of the Reform School.

SEC. 2. The further sum of eight thousand two hundred and fifty dollars, or as much thereof as may be necessary, is hereby appropriated for the following special purposes: For a new laundry and dry room, two hundred and fifty dollars; for a root cellar, five hundred dollars; for maintenance of department of

technology, fifteen hundred dollars; for laying out and grading grounds, construction of sidewalks, paving of gutter line on Pennsylvania avenue, and fence building, six thousand dollars.

SEC. 3 Of the above mentioned sums the Auditor General shall Tax.
add to and incorporate with the State tax for the year eighteen
hundred and eighty-nine, sixty-one thousand two hundred and
fifty dollars; and for the year eighteen hundred and ninety, fifty-
three thousand dollars, to be assessed, levied and collected as [any]
other State taxes are assessed, levied and collected, which sums,
when collected, shall be passed to the credit of the general fund,
to reimburse it for the sums appropriated by sections one and two
of this act.

This act is ordered to take immediate effect.
Approved June 8, 1889.

[No. 139.]

AN ACT to protect fish and regulate fishing in the waters of this State by prohibiting the use of seines, pound nets, gill nets and other fixed or set nets with meshes below certain sizes, and regulating the use of such nets and to repeal inconsistent acts.

in certain nets.

to be used.

SECTION 1. The People of the State of Michigan enact, That size of meshes the meshes of the parts of pound or trap nets, commonly called the lead, the funnel and the heart shall not be less than five inches in extension, and the meshes of the parts of said nets commonly called the pot, crib or pocket (being that part in which the fish are finally captured), shall not be less than three and one-half inches in extension. No pound, trap, or other fixed or what nets not set net of whatever name or description shall be used in any waters of this State, the meshes of which are less in size than permitted by this section: Provided, That pound nets with pots, Proviso. cribs or pockets of not less than two and one-half inch mesh in extension may be used for taking perch, herring and pickerel in the waters of this State, but this exception shall not be construed to permit the capture of other fish in any such nets; and in any prosecution under this section the burden of proving that the acts of the defendant come within this exception is hereby cast upon the defendant: And provided further, That the provisions Further of this act shall not apply to the inland lakes and rivers of this State. But this exemption of the inland rivers shall not be construed to exempt the rivers connecting the great lakes.

proviso.

SEC. 2. The meshes of gill nets shall not be less than four and size of meshesone-quarter inches in extension. No gill net shall be used in the in gill uets. waters of this State the mesh of which is less than provided in this section. The measurement of mesh referred to in this act shall be construed to refer to the size as manufactured: Provided, That gill nets of not less than two and three-fourths Proviso.

Meshes of seines.

Use of seines.

Pound nets, how set.

Violation of act a misdemeanor

Penalty.

Acts repealed.

inches in extension may be used for taking perch, herring, blackfins and long jaws in the waters of this State, but this exception shall not be construed to permit the capture of other fish.

SEC. 3. The meshes of seines shall not be less than three and one-half inches in extension. No seine shall be used in the waters of this State the mesh of which is less than is provided in this section.

SEC. 4. No seine shall be used in the waters of this State, except to be drawn upon shore or to a dock to which one rope of the net is fastened. The use of seines and every species of drag net by drifting or towing with boats is prohibited in all waters of this State. Pound nets shall be so set that the bars forming the meshes shall be in straight lines and running at an angle of forty-five degrees to the horizon.

SEC. 5. Any person who shall be found guilty of a violation of any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars and not more than one hundred dollars, together with the costs of prosecution, and in default of the payment shall be confined in the county jail until such fine and costs shall have been paid, but such confinement shall not exceed thirty days. This act shall not be construed so as to prevent the using of twine now in use.

SEC. 6. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.

Approved June 8, 1889.

Not less than three may Incorporate.

Articles, where d.ed, etc.

[No. 140.]

AN ACT to authorize the formation of corporations for acquiring, holding, leasing and selling real estate and for the erection of buildings thereon.

SECTION 1. The People of the State of Michigan enact, That any number of persons, not less than three, who shall, by articles of agreement in writing, associate according to the provisions of this act, under any name assumed by them, for the purpose of acquiring, holding, leasing and selling real estate and for the erection of buildings thereon, and who shall comply with the provisions of this act, shall, with their successors and assigns, constitute a body politic and corporate under any name assumed by them in their articles of association: Provided, No two companies shall assume the same name.

SEC. 2. Before any corporation formed under this act shall commence business, the president and directors shall cause their articles of association to be filed with the Secretary of State of this State and with the county clerk of the county in which such corporation shall conduct its business; which said articles shall be recorded at length at the expense of said corporation.

signed, etc.

SEC. 3. The articles of every such corporation shall be signed Articles to be 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 by which the corporation shall be what to state. known in law;

Second, The purpose or purposes for which such corporation is

formed;

Third, The amount of the capital stock and the number of shares;

Fourth, The amount of capital stock actually paid in, which shall not be less than ten per cent of the entire capital stock;

Fifth, The number of shares into which the capital stock is divided, which shall be of the par value of twenty-five dollars each; Sixth, The names of the stockholders and their respective residences and the number of shares held by each person;

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

Eighth, The term of its existence, not to exceed thirty years;
Ninth, The amount of capital stock, which shall not be less

than five thousand nor more than one million dollars.

SEC. 4. When any corporation shall be formed under this act, First meeting. any two of those associated may call the first meeting of the stock

holders at such time and place as they may appoint by giving notice Notice of.
thereof by publishing the same in some newspaper published in
the county in which its office is located, at least two weeks before
the time appointed for such meeting, but said notice may be
waived by a writing signed by all the subscribers to the capital
stock of said corporation, specifying the time and place for such
meeting, which writing shall be entered at full length upon the
records of the corporation and shall be filed with and preserved
by the secretary of such corporation.

Corporation.

7841-63

SEC. 5. The stock, property and affairs of such corporation Iirectors of shall be managed by not less than five nor more than thirteen directors, as the articles shall determine, each of whom shall be residents of this State. They shall hold their office one year and until their successors shall be duly chosen.

SEC. 6. The directors of every such corporation shall choose Officers, etc. one of their number to be president and one of their number to be vice-president, and shall also choose a secretary and treasurer and shall choose such other officers as the by-laws of the corporation shall prescribe; all of which said officers shall hold their offices until others shall be chosen in their stead: Provided, Proviso. That the stockholders may at any meeting called for that purpose remove all or any of said directors and other officers by a vote which shall represent two-thirds of the shares of the stock of such company, and elect and appoint others in their stead, which officers so elected shall hold their office until others shall be chosen in their stead.

SEC. 7. The directors of such corporation shall have power in Vacancy in the absence of an election by the stockholders, to fill any vacancy alled.

board, how

Subscriptions,
how called in,
e.c.

which may happen in their board by death, resignation or otherwise, for the current year.

SEC. 8. The directors may call in the subscriptions to the capital stock of such corporation by installments, in such proportion and at such times and places as they shall think proper by giving notice thereof as the by-laws shall prescribe, and in case any stockholder shall neglect or refuse payment of any such installment for the space of thirty days after the same shall become due and payable said corporation may recover the amount of said installment from such negligent stockholder in any proper action, for that purpose, or so much of the stock of such delinquent stockholder as may be necessary to pay such installment so due may be sold by the directors at public auction at the office of the secretary of the corporation, giving at least ten days' notice of such sale personally in writing to such delinquent stockholders, or by publishing the same three weeks in some newspaper published in the county where said office is located; and in case of the sale of Proceeds, how said stock the proceeds thereof shall be first applied in payment of the installment called for and the expenses of the sale and the residue, if any, shall be refunded to the delinquent stockholder. In case the proceeds of such sale shall be insufficient to pay such installment such corporation may recover the balance from such negligent stockholder. Such sale shall entitle the purchaser to all the rights of such negligent stockholder to the extent of the shares so purchased.

applied, etc.

May acquire
and hold real
estate.

1891-63

May borrow
money.

Books, how
kept, etc.

Stock deemed
personal
property.

Report.

SEC. 9. Every corporation organized under this act shall have power to acquire, own and hold all such real estate and personal estate as may be necessary for the purpose of carrying on the business of such corporation, and the same or any part thereof convey, lease or demise, mortgage, use and dispose of at pleasure: Provided, That the lands which any such corporation may hold at any one time shall not exceed five acres. Every such corporation shall also have power, being first authorized by its stockholders, at a meeting duly called for such purpose, to borrow money and to secure the payment thereof; to issue its bonds therefor secured by mortgage upon its property.

SEC. 10. The books of every such corporation containing its accounts shall be kept and shall at all reasonable times be open for inspection by any of the stockholders of said corporation, and as often as once in each year a true statement of the accounts of such corporation shall be made and exhibited to the stockholders.

SEC. 11. The stock of every such corporation shall be deemed personal property and be transferred only on the books of such corporation in such form and manner as its by-laws shall prescribe, and such corporation shall at all times have a lien upon all the stock of its members for debts due from them respectively to such corporation.

SEC. 12. Every such corporation shall annually, in the month of January, make a report for the fiscal year of such corporation which shall state the amount of its capital stock, the amount actually paid in, the amount invested in real estate and personal

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