shelter, food, care and clothing for them and leaves them or any of them a burden upon the public, and leaves the State of Michigan, 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 Proviso. 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 clothing, then the court may suspend sentence therein: Provided, That upon Proviso. 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.

testify.

SEC. 2. In the hearing of all complaints under this act the Wife may wife may testify against the husband without his consent. Approved April 16, 1903.

[No. 40.]

AN ACT to amend section one of act number eighty-seven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for appropriation of money to pay the salary of the Attorney General, clerks and certain expenses in such department, and to provide the manner and condition of payment, and to repeal all acts and parts of acts contravening the provisions of this act," as amended.

The People of the State of Michigan enact:

amended

SECTION 1. That section one of act number eighty-seven section of the public acts of eighteen hundred ninety-one, entitled "An act to provide for appropriation of money to pay the salary of the Attorney General, clerks and certain expenses in such department, and to provide the manner and condition of payment, and to repeal all acts and parts of acts contravening the provisions of this act," as amended by act number one hundred twenty-seven of the public acts of eighteen hundred ninety-three, as further amended by act number one hundred fifty of the public acts of nineteen hundred one, be and the same is hereby amended to read as follows:

SEC. 1. That there be and the same is hereby appro- Appropriation priated out of the moneys in the treasury to the credit of the for clerks, etc. general fund not otherwise appropriated, the following sums, for the salary of the Attorney General, assistants and clerks

To make report in duplicate.

Where filed.

Who to prepare blanks.

SEC. 33. Such report shall be executed in duplicate by said president and secretary, and shall be sworn to before some officer authorized to administer oaths. If sworn to outside the limits of the State it shall be before a commissioner for Michigan, a notary public having a seal, or any other person authorized to take acknowledgments of deeds. Such duplicate report shall be filed on or before the thirty-first day of July annually, one copy with the Secretary of State of this State, and the other with the clerk of the county in this State where the mine or smelting or manufacturing works of the corporation are principally or wholly situated. If any person signing such duplicate report shall, as to any material facts therein stated, wilfully swear falsely, he shall be deemed guilty of perjury. Blank reports shall be prepared by the Secretary of State and furnished to any corporation on application therefor. Whenever any corporation ceases to carry on business for one year or more it shall not be required to make such reports until it again commences business. Approved April 16, 1903.

Section amended,

When unlaw

business.

[No. 34.]

AN ACT to amend section one of act number two hundred and six of the public acts of nineteen hundred one, entitled "An act to prescribe the terms and conditions on which foreign corporations may be admitted to do business in Michigan."

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred and six of the public acts of nineteen hundred one, entitled "An act to prescribe the terms and conditions on which foreign corporations may be admitted to do business in Michigan," is hereby amended to read as follows:

SEC. 1. It shall be unlawful for any corporation or ful to carry on ganized under the laws of any state of the United States (except the State of Michigan), or of any foreign country to carry on its business in this State, unless it shall first have filed and recorded, in the office of the Secretary of State, a certified copy of its charter, or articles of incorporation, and have filed evidence of appointment of an agent in this State to accept service of process and have paid to the Secretary of State the requisite filing and recording fees and franchise fees in amount and to be determined as follows: With whom to Such corporation, by its president, secretary, treasurer and superintendent, or any two of them, shall make and file with the Secretary of State a statement duly sworn to by

file statement.

at least two of such officers, in such form as the Secretary of State may prescribe, containing the following facts:

cation of Mich

erty, etc.

secretary of

First, The location of the office or offices of the company in To contain loMichigan, and the names and addresses of the officers or igan office. agent of the company in charge of its business in Michigan; Second, The value of the property owned and used by the Value of propcompany in Michigan, where situated, and the value of the property owned and used by the company outside of Michigan, the aggregate amount of business transacted by said company during the preceding year, and the proportion of such business transacted in this State, and such other facts bearing on this matter as the Secretary of State may require. From the facts thus reported, and any other facts coming Amount of to his knowledge bearing upon the question, the Secretary of franchise fee. State shall determine the proportion of the capital stock of the company represented by its property and business in Michigan. Such company shall pay to the Secretary of State one-half a mill on each dollar of the proportion of its authorized capital stock represented by the property owned and used and business transacted in Michigan, determined as above provided. But such fee shall in no case be less than twenty-five dollars. Any such corporation shall have Appeal from the right on application, to be heard by the Secretary of State decision of touching the matter of the determination of the proportion state. of its capital stock represented by property used and business done in Michigan. Any corporation aggrieved by the decision of the Secretary of Sate, may, within ten days, appeal to the Auditor General, State Treasurer and Attorney General, whose decision in the matter shall be final. Every How may incorporation which has paid a franchise fee and been admit- crease capital. ted to do business in this State, which shall thereafter increase its authorized capital, or shall increase the proportion of its capital stock, represented by property used and business done in Michigan, shall within thirty days after such increase file an additional statement with the Secretary of State, and pay an additional fee of one-half of one mill on each dollar of the amount of increase of its capital stock, represented by property owned and business done in Michigan, and any such corporation shall, at any time when requested by the Secretary of State, file an additional statement, under oath of at least two of its officers, showing the proportion of its property used and business transacted in Michigan. Every corporation subject to the provisions of this Penalty for section which shall neglect or fail to comply with its re- ply with act. quirements, shall be subject to a penalty of one thousand dollars for every month that it continues to transact any business in Michigan, without complying with the requirements of this section, to be recovered by action in the name of the people of the State of Michigan in any court of competent jurisdiction. No foreign corporation, subject to the

failure to com

business in

state.

provisions of this act, shall maintain any action in this State upon any contract made by it in this State after the taking effect of this act, until it shall have fully complied with the requirements of this act, and procured a certificate to that ef When may do fect from the Secretary of State. Upon the compliance with the provisions of this act, such corporation shall be permitted to carry on business in this State for the time set forth in its original charter or articles of association, unless this shall be for a greater length of time than is contemplated by the laws of this State, in which event the time and duration shall be the limit of time set out in the laws of this State. Approved April 16, 1903.

Section amended.

With whom to file list of

shares.

To make annual report.

Proviso.

[No. 35.]

An act to amend section three of act number one hundred twenty-eight of the public acts of eighteen hundred fiftyfive, entitled "An act to prevent the issue and sale of fraudulent stock by incorporated companies," the same being compiler's section eleven thousand three hundred and sixty-four of the Compiled Laws of eighteen hundred and ninety-seven.

SECTION 1. Section three of act one hundred and twentyeight of the public acts of eighteen hundred and fifty-five, entitled "An act to prevent the issue and sale of fraudulent stock by incorporated companies," the same being compiler's section eleven thousand three hundred and sixty-four of the Compiled Laws of eighteen hundred and ninety-seven, is hereby amended to read as follows:

SEC. 3. Every banking, insurance, mining, plank road, or other incorporated company, which issues script or shares, shall within ninety days after the passage of this act, file with the Secretary of State a list of the number of shares issued by said corporation, and the names of the owners thereof and their postoffice addresses, with the number of shares owned by each; and annually thereafter shall file with said Secretary of State during the months of January or February, in each and every year, a statement similar to that above required, showing the ownership of the shares of said corporation at the day of the date of said statement; all of which statements, including the first, shall be made by one of the officers of said company, under oath: Provided, That corporations which file an annual report with the Secretary of State containing a list of stockholders with the postoffice addresses and the number of shares held by each, shall not be required to file a separate list under this act. Approved April 16, 1903.

. [No. 36.]

AN ACT to provide for the incorporation of Michigan Commanderies of the Military Order of the Loyal Legion of the United States.

The People of the State of Michigan enact:

eries may incorporate.

SECTION 1. Commanderies of the State of Michigan, Mil- Commandtary Order of the Loyal Legion of the United States, may become incorporated by complying with the following provisions:

cute articles.

The officers of any Commandery of the State of Michigan, Officers to exeMilitary Order of the Loyal Legion of the United States, may make and execute articles of association under their hands and seals as such officers, which articles of association shall be acknowledged before some officer authorized by the laws of What to set Michigan to take acknowledgment of deeds, and set forth: First, The names of the officers above mentioned and their Omcers, places of residence;

forth.

names, etc.

Second, The corporate name by which the association shall Corporate be known in the law;

name.

Third, The object and purpose of such corporation, which Objects, etc. shall be to promote the general welfare of the Military Order of the Loyal Legion of the United States;

Fourth, The period for which the association is incorpo- Period of inrated, which shall not exceed thirty years.

corporation.

where filed.

corporate.

SEC. 2. A copy of such articles of association, together Articles. with a copy of the constitution and by-laws of any such Commandery of the State of Michigan, of the Military Order of the Loyal Legion of the United States, shall be filed with the Secretary of State, and thereupon the persons who shall sign such articles of association, their associates and successors, shall be a body politic and corporate by the name expressed Body in such articles of association, and by that name they and their successors shall have succession and shall be persons in law capable to purchase, take, receive, hold and enjoy to them and their successors estates, real and personal, of suing and being sued, and to have a common seal, but said corporation shall have no power to divert any gift, grant or bequest from the specific purpose or purposes designated by the donor or donors. It shall have the power to act as trustee under any May act as gift or bequest for any specified purpose within those named trustee. by its rules and regulations or the spirit thereof and may administer such trust by such officers, and in such manner as is in accordance with such rules and regulations of the order and with the specified instructions of the donor or donors and such trust when so created shall not be invalid for want of the names of specific beneficiaries to be benefited thereby. And in case the charter of any Commandery of the State of In case of deMichigan, Military Order of the Loyal Legion of the United States, shall be taken away or surrendered, or whenever any such commandery shall become defunct as a corporation and

funct corporation.