When bids examined. Proviso. When board to make contracts. cers duly authorized by law to fix and determine the same, and to be completed in a reasonable length of time, to be specified in the contract for the same. 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 there proceed to open and examine all proposals received pursuant to such notice: Provided, That no bid shall be entertained unless accompanied by a guarantee bond, in such amount as the said board of state auditors shall require, conditioned that the bidders will enter into the contract if awarded to them. The board of state auditors shall properly prepare a schedule of all bids and examine and compare the samples for paper and stationery separately, and immediately enter into written contracts to commence on the first day of July, one thousand nine hundred three, with the person or persons whose propositions are the lowest, and who shall exe cute bonds to the people of the State of Michigan, jointly and severally, with good and sufficient sureties, in such penal sum as the board of state auditors shall require for the faithful performance of said contract, and stipulating that in the case of 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 Forfeiture of 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 of state auditors, work a forfeiture of said contract, and the board may purchase such goods in open market, charging any increase of cost thereof to said contractor, and may call upon the bondsmen to pay said amount upon the failure of the contractor so to do; and if such bondsmen shall fail to pay when called upon so to do, said board shall institute, for and on behalf of the State, the proper proceeding or proceedings, to recover any damages sustained because of non-fulfillment of and contract to furnish any of the goods provided herein, and so contracted to furnish. contract. Term of contracts. Proviso. SEC. 5. The contracts for furnishing fuel or for steam heating, as provided in section one of this act, and for furnishing paper and stationery, which shall be made under this act in the year one thousand nine hundred three, shall be for the period of two years beginning July first, one thousand nine hundred three, and ending June thirtieth, one thousand nine hundred five: Provided, That the board of state auditors shall have authority to award contracts for fuel or for steam heating, as provided in section one of this act, for a term of either two or four years; and the contracts for printing and binding, made in accordance with this act, shall be for the period beginning July first, one thousand nine hundred four, and ending June thirtieth, one thousand nine hundred six. And all subsequent contracts shall be for the period of two years or four years as herein provided, from and after the expiration of existing contracts. demands on contracts. SEC. 6. All demands arising against the state under such Auditing of contracts, from time to time, shall be audited by the board of state auditors; but no charge for constructive labor shall in any case be allowed. The auditor general shall draw his warrant on the state treasurer for all sums so audited and allowed, who shall pay the same out of any moneys in the treasury not otherwise appropriated. perform SEC. 7. In case any such contractor shall fail to perform Failure to his contract, it shall be the duty of the said board of state contract. auditors to cause the objects of such contract to be accomplished in any way by them deemed advisable for the best interests of the State; and it shall be the duty of the attorney general forthwith to prosecute the bonds of such delinquent contractor. SEC. 8. Act number one hundred sixty-three of the laws of Act repealed. the year one thousand eight hundred fifty-three, as amended, being sections one thousand five hundred thirty-one, one thousand five hundred thirty-two, one thousand five hundred thirty-three, one thousand five hundred thirty-four, one thousand five hundred thirty-five, one thousand five hundred thirty-six, one thousand five hundred thirty-seven of the Compiled Laws of eighteen hundred ninety-seven, be and the same are hereby repealed. This act is ordered to take immediate effect. [No. 13.] AN ACT to protect fish and prohibit the use of seines, gill nets or any form of pound, trap, sweep or set nets, or like device, in any of the waters of Lake Superior, within an imaginary line from Laughing Fish Point to a point two miles north of the most northerly point of Grand Island, and continuing in an easterly direction to Grand Portal on Pictured Rocks on the southern coast of Lake Superior. The People of the State of Michigan enact: in certain SECTION 1. That no person or persons shall fish with, use Use of nets or set any seines, gill nets or any form of pound, trap, sweep waters. or set nets or any like device for taking fish, in any of the waters of Lake Superior, on either side of Grand Island, or within two miles of the most northerly part thereof, which, within the meaning of this act, shall be defined as those waters between and extending over an imaginary line, drawn from the northerly point of Laughing Fish Point to a place in Lake Superior two miles north of the most northerly point of Grand Island, and from said point north of Grand Island in a south-easterly direction, touching the most northerly Penalty for violation. Duty of game warden. When nets to be destroyed. point of Grand Portal on Pictured Rocks, on the southern shore of Lake Superior. SEC. 2. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any justice of the peace having jurisdiction, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and costs of prosecution, or imprisonment in the county jail not to exceed sixty days, or both such fine and imprisonment, in the discretion of the court. SEC. 3. It shall be the duty of the State Game Warden, the commissioners of State fisheries and the sheriffs within their respective jurisdictions, to enforce the provisions of this act, and when, upon complaint or information otherwise obtained, they shall discover any violations thereof, to institute the necessary proceedings to punish the offenders, and it shall be their duty to seize and destroy any nets found, used or set in violation of this act. SEC. 4. Any and all such nets set in said prohibited waters in violation of the provisions of this act, are hereby declared to be a public nuisance, and may be taken up and destroyed by any person finding the same, without criminal or civil liability. This act is ordered to take immediate effect. How may extend cor porate existence. [No. 14.] AN ACT to provide for the extension of the term of existence of corporations or associations organized under act number twelve of the Public Acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and to provide for the care and maintenance thereof," as amended, being sections eight thousand three hundred ninety-nine to eight thousand four hundred twelve inclusive of the Compiled Laws of eighteen hundred ninety-seven, the corporate term of which has heretofore expired or which may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporations or associations. The People of the State of Michigan enact: SECTION 1. It shall be lawful for any corporation or association organized under act number twelve of the Public Acts of eighteen hundred sixty-nine, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries and to provide for the care and maintenance thereof," as amended, whose corporate term of existence has ing, how extension by expired or may hereafter expire by limitation, at a special meeting of the board of directors of said corporation or association called for that purpose, to direct the continuance of its corporate existence for a further term not exceeding thirty years from the expiration of its former term, which resolution or direction shall express the date of the commencement and the termination of said extended term. Such special meeting Special meetmay be called by the president, vice president, treasurer or called. secretary of the corporation or association whose term of existence is about to expire, or by either of the persons acting as president, vice president, treasurer, or secretary of the corporation or association whose term of corporate existence has expired by limitation, and notice of Notice of. such meeting shall be given to all the directors of said corporation or association at least ten days prior to the date of such meeting, by delivering to each of said directors, then living, personally, a written or printed notice of such meeting, or by leaving such notice at the residence of such director, or in lieu of such personal service, by publishing notice of such meeting once in each week for three weeks in succession, in a newspaper printed, published and circulating in the county in which said corporation or association cares for and maintains a cemetery. The board of directors of any corporation or Resolution of association, the same being either a de jure or a de facto cor- directors. poration, organized under said act as amended, and which corporation or association has heretofore acquired and held and still holds land conveyed or leased to it in its corporate name, may at such special meeting determine by resolution to reorganize such corporation or association and thereby such reorganization shall take, assume and keep the name of such corporation or association as the same has before been known, and such re-organization of such corporation or association so made and directed, shall be and remain a corporation with all the powers, duties and obligations of a corporation or association newly made or organized under said act and its amendments. Upon the adoption of such resolution, which When to sign said resolution shall have the concurrence of a majority of articles. such directors in cases where the term of existence of such corporation shall not have expired, and the concurrence of a majority of the directors present at such meeting and not less than three in number in case the term of the existence thereof shall have expired, it shall be the duty of the officers of such corporation or association present at such meeting, together with a sufficient number of other directors to constitute the above required number, to make, sign and acknowledge duplicate articles of association or incorporation, in which shall be What to set set forth the amount of land owned by such corporation or association whose term of existence is about to expire or has expired by limitation, and the county or town in which it is situated, the amount of capital theretofore subscribed for and the number of shares into which the same is divided, the name duplicate forth. Where filed. of the new organization, which shall be the same as that of the corporation or association to be replaced or succeeded, the number of persons who shall constitute the board of directors thereafter, being not less than five nor more than thirteen, the names of those who shall constitute the first board of directors, and the name of the first treasurer, the names of those owning shares in such former corporation or association by subscription, assignment or otherwise, and the number of shares owned by each, as far as shown by the books of the old corporation or association. Said articles shall further set forth that the corporation is to hold, keep and retain the corporate name and continue the corporate existence of the corporation whose term is about to expire, or in case the term of existence of such corporation or association has already expired, that the purpose is to organize anew, and to take up, renew and continue the corporate existence of such corporation or association for a term not exceeding thirty years from the date of such expiration. One of such articles of re-organization shall be filed and recorded in a book kept for that purpose in the office of the county clerk of the county where such corporation or association is located, and the other to be kept by such corporation or association. Either of said duplicate articles of reorganization, or a certified copy of the record of the same shall be prima facie evidence of the facts therein recited, and of the validity and existence of the Powers, etc., said corporation or association. The corporation or association so made, re-organized or renewed, shall be a corporation to all intents and purposes, having all the powers, and being subject to all the restrictions of the corporation originally organized under said act, or under said act as amended, and the same shall succeed to, own and hold all the property or rights of action held, owned and had by the corporation or association which it succeeds prior to its renewal or re-organization, and shall be liable for all its debts, liabilities and obligations as fully and completely as if its former corporate term had not expired, and its corporate existence had been beyond any question, both de jure and de facto. The officers and directors of the corporation or association renewed or re-organized shall hold and continue in their offices until their successors shall be duly elected and qualified. of corpora tion. This act is ordered to take immediate effect. |