[No. 294.] AN ACT to provide for the licensing and regulating the business of transient merchants, to prevent the fraudulent sale of goods by such transient merchants, to provide a lien on the goods of such transient merchants for the license fees prescribed, and to provide penalties for the violation thereof. merchant The People of the State of Michigan enact: SECTION 1. A transient merchant within the meaning of Transient this act, is any person or corporation who shall engage in, defined do, or transact any temporary or transient business at retail in any township, city, or village in this State, in the sale of goods, wares, and merchandise, and who for the purpose of carrying on such business shall have, use, or occupy any building, car, boat or room, including rooms in hotels, for the exhibition and sale of such merchandise. This act shall apply to and include principals and their agents and employes and to persons forming a copartnership. SEC. 2. It shall be unlawful for any transient merchant License to engage in, do, or transact any business in the sale of required. goods, wares, and merchandise without first having obtained a license therefor as hereinafter provided. Such transient Applicatio merchants desiring to engage in, do, or transact business in this State shall file an application for license for that purpose with the clerk of the township, city, or village in which he desires to do business, which application shall state his name, residence, building, car, boat or room in which he proposes to do business, and the length of time for which he proposes to do business. If such transient merchant pro- $25 fee. poses to do business in a township, city, or village having a population of more than one hundred thousand as shown by the last preceding United States census, he shall pay to such clerk at the time of filing said application a license fee of twenty-five dollars per day for the first five days or for any part thereof for which application is made. If such transient $20 fee. merchant desires to transact business in a township, city, or village having a population of not less than forty thousand nor more than one hundred thousand as shown by the last preceding United States census, he shall pay to such clerk at the time of filing said application a license fee of twenty dollars per day for the first five days or any part thereof for which application is made. If such transient merchant de- $15 fee. sires to transact business in any township, city, or village having a population of not less than twenty thousand nor more than forty thousand as shown by the last preceding United States census, he shall pay to such clerk at the time of filing said application the license fee of fifteen dollars per day for the first five days or for any part thereof for which $10 fee. application is made. If such transient merchant desires to transact business in any township, city, or village having a population of less than twenty thousand as shown by the last preceding United States census, he shall pay to such clerk at the time of making said application a license fee of ten dollars per day for the first five days or any part thereof Per diem fee. for which application is made. And in all cases such transient merchant shall pay to such clerk, at the time of filing such application, ten dollars per day for each day after the said five days, during which he proposes to transact such business. When license issued. Renewals. Advance advertising Application, what to show. Character of sale. SEC. 3. Upon the filing of the application and the pay. ment of the license fee provided for in the preceding section, such clerk shall issue to such transient merchant a license to do business as such, at the place described in his application and for the length of time for which payment shall have been made, and such license shall entitle such transient merchant to do business at the place and for the time therein stated. No license shall be good for more than one person, corporation, or copartnership, nor for more than one building, car, boat or room. At or before the expiration of such license, it may be renewed by said clerk on application being made therefor and the payment of the license fee at the rate herein before provided. SEC. 4. No transient merchant shall advertise, represent, or hold out that any sale of goods, wares, or merchandise is an insurance, bankrupt, insolvent, assignee's, executor's, administrator's, receiver's, or closing out sale, or sale of goods, wares or merchandise damaged by smoke, fire, water or otherwise, unless he shall have first obtained a license to conduct such sale from the clerk of the township, city or village in which he proposes to conduct such sale. The applicant for such license shall make to such clerk an application in writing therefor and under oath, showing all the facts in regard to the sale which he proposes to conduct, including a statement of the names of the persons from whom such goods, wares or merchandise so to be sold were obtained, the date of delivery of such goods, wares, and merchandise to the person making application for the license, and the place from which the said goods, wares and merchandise were last taken, and all the details necessary to fully identify the goods, wares and merchandise so to be sold. Such application shall also state whether the applicant proposes to advertise or conduct such sale as an insurance, bankrupt, insolvent, assignee's, executor's, receiver's, administrator's or closing out sale and if such application shall show that the proposed sale is of the character which the applicant desires to conduct and advertise, such clerk shall issue a license to the person applying for the same authorizing him to conduct and advertise a sale of the particular kind mentioned in the application. SEC. 5. Every person making a false statement of any Perjury. fact in the application provided for in the last preceding section shall be deemed guilty of perjury and shall on conviction thereof be imprisoned in the State prison for not less than two years nor more than ten years. act. SEC. 6. Every person who shall in any manner engage in, Violation of do, or transact the business of a transient merchant in selling goods, wares and merchandise without first having obtained a license therefor as required by this act, or who shall continue such business after the time limited in the license obtained therefor shall have expired, and any transient merchant who shall expose for sale any goods, wares or merchandise, contrary to the provisions of this act, or who shall advertise, represent, or hold forth any sale of goods, wares, or merchandise to be an insurance, bankrupt, insolvent, assignee's, executor's, administrator's, receiver's or closing out sale, without first having complied with the provisions of this act, shall be deemed guilty of a misdemeanor and shall upon Penalty. conviction thereof, be fined in a sum of not less than fifty dollars nor more than five hundred dollars, or shall be imprisoned in the county jail for not less than ten days nor more than thirty days in the discretion of the court. amount of SEC. 7. Should any transient merchant do any business in Lien for selling goods, wares or merchandise without first having se- license. cured a license therefor as provided by this act, the amount which should have been paid by such transient merchant pursuant to the provisions of this act, shall be a first lien in favor of the township, village or city in which such business shall be done, upon all goods, wares and merchandise of such transient merchant within said township, city or village and the treasurer thereof may enforce the payment of the same Enforcement. by levy upon and sale of such goods, wares and merchandise in the same manner that the payment of delinquent taxes. upon personal property is enforced under the tax law of this State. SEC. 8. All license fees collected under the provisions of Fees, disposithis act shall be paid by the person collecting the same into tion of. the general fund of the township, city or village entitled to the same. SEC. 9. Nothing in this act contained shall be held or con- Sales not strued to affect sales by traveling representatives or regu- affected. larly established jobbers or manufacturers selling to the trade, nor to persons selling by sample for future delivery, nor any person selling products raised upon lands leased or owned by him; nor to individuals handling vegetables, fruits or perishable farm products. Approved May 13, 1913. -60 60 PUBLIC ACTS, 1913-Nos. 295, 296. uthority to urchase. [No. 295.] AN ACT to authorize the State Board of Agriculture to purchase a certain tract of land adjacent to that upon which the Michigan Agricultural College is located. The People of the State of Michigan enact: SECTION 1. The State Board of Agriculture is hereby authorized to purchase in its discretion a certain tract of land, not exceeding one hundred and ten acres, on the southeast quarter of section thirteen, town four north, range two west, Ingham county, said land being adjacent to the land upon which the Michigan Agricultural College is located, and said State Board of Agriculture may pay for said land, when purchased, out of any funds appropriated for the support of the Michigan Agricultural College. Approved May 13, 1913. ection nended. [No. 296.] AN ACT to amend section five of act number one hundred forty of the Public Acts of nineteen hundred eleven, entitled "An act making appropriations for the Michigan Employment Institution for the Blind for current expenses and for building and special purposes for the fiscal years ending June thirty, nineteen hundred twelve, and June thirty, nineteen hundred thirteen, and to provide a tax therefor, and providing for the maintenance, expenditure, renewal and regulation of a revolving industrial fund for the blind," approved April twenty-five, nineteen hundred eleven, and to add thereto a new section to stand as section six of said act. The People of the State of Michigan enact: SECTION 1. Section five of act number one hundred forty of the Public Acts of nineteen hundred eleven, entitled "An act making appropriations for the Michigan Employment Institution for the Blind for current expenses and for building and special purposes for the fiscal years ending June thirty, nineteen hundred twelve, and June thirty, nineteen hundred thirteen, and to provide a tax therefor, and providing for the maintenance, expenditure, renewal and regulation of a revolving industrial fund for the blind," approved April twenty-five, nineteen hundred eleven, is hereby amended, and a ection added. new section is hereby added to said act to be known as section six, said amended and added sections to read as follows: SEC. 5. All sums derived from the sales of the wares manu- "Revolving fund." factured in the industrial departments of the Michigan Employment Institution for the Blind, together with all lawful accessions and additions thereto as hereinafter provided, shall constitute a "revolving industrial fund for the blind," which fund shall be continually renewed from the proceeds of all How renew sales of wares manufactured by blind artisans in said institution and of raw materials supplied at cost to blind artisans trained therein, and from all sums collected or received for maintenance of inmates or for service lawfully rendered for a stipulated price by said institution or any department thereof and the said fund shall be expended and disposed of How for the purchase of raw materials for use in the manufacture expended. of brooms, whisks, rugs, chair seats, and other wares made by blind workers trained or employed in the industrial departments of said Employment Institution for the Blind, and for the purpose of handling, carrying and marketing the manufactured product of said industrial departments until disposed of, and for the payment of wages earned by the blind employes of said institution, and to provide for such other expenses as may be incurred under rules and regulations prescribed by the board of trustees of said employment institution: Provided, That all sums collected or received Proviso. by said institution from inmates thereof in payment for food, lodging, laundry work, other domestic service, medicines and medical attendance, in accordance with the provisions of section eleven of act number one hundred sixty-nine of the public acts of nineteen hundred three, entitled "An act to establish the Michigan Employment Institution for the Blind and provide for its management, to make an appropriation therefor, and to provide for a tax to meet the same," approved June two, nineteen hundred three, shall be added, debited and transferred to and made a part of the aforesaid revolving industrial fund for the blind for the purchase of necessary raw materials and equipments and for the payment of wages earned by blind employes of said institution and the other necessary operating expenses of the aforesaid industrial departments, and the proper care, sale and delivery of the manufactured product thereof: Provided fur- Further ther, That when any of the wares produced by the labor of proviso blind beneficiaries of said Employment Institution for the claim. Blind shall be sold by said institution to any person, firm or corporation on credit, the claim of the State for the price thereof shall be a claim preferred against the property, money and effects of the debtor and shall have priority over the claims of all other creditors: Provided further, That any Further and all net earnings of the industrial departments of said proviso. institution, now on hand, not exceeding ten thousand dollars are hereby transferred to and made a part of the said revolving industrial fund for the blind; and all such earn preferred |