out. SEC. 2. The amount hereby appropriated shall be paid How paid out of the state treasury at such times and in such manner as is or may be provided by law. This act is ordered to take immediate effect. To the Honorable, The Speaker of the House. Sir: May 6, 1925. I am returning to you, herewith, with my approval, House Enrolled Act No. 83, being House Bill No. 438, File No. 277, entitled, "An act to make a deficiency appropriation for the Department of Agriculture-Slaughtered Animals-for the fiscal year ending June thirty, ninteen hundred twenty-five," with the exception that the sum of sixty thousand dollars is hereby stricken from the appropriation of one hundred thousand dollars, provided for, leaving the same stand at forty thousand dollars. While I consider the work of eradicating tuberculosis among cattle of prime importance, there will be little trouble experienced in completing the work now in progress for the present fiscal year for the last mentioned sum. Respectfully, Governor. [No. 222.] AN ACT to amend section thirty-four of chapter seventeen of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provi sions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section twelve thousand five hundred twenty-two of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section thirty-four of chapter seventeen of Section act number three hundred fourteen of the public acts of amended. nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, Copy received as evidence. evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," is hereby amended to read as follows: SEC. 34. Any copy of the record of observations in regard to the condition of the weather taken under the direction of the signal service department of the United States, when certified by the officer in charge thereof at the place where the same is taken and kept, that the same is a true copy of the record on file in said signal service office, may be received in evidence in any civil or criminal cause in any court, and shall be prima facie evidence of the facts and circumstances therein contained and stated. Approved May 6, 1925. Section amended. [No. 223.] AN ACT to amend section ten of act number eighty-five of the public acts of nineteen hundred twenty-one, entitled "An act prescribing the fees, taxes and charges to be paid to the state by corporations doing or seeking to do business in this state; prescribing the method and basis of computing such fees, taxes and charges; requiring certain annual reports to be filed by corporations; providing for the disposition of the moneys received under this act, and prescribing penalties for non-compliance with the provisions thereof," and to add thereto a new section to stand as section three-a. The People of the State of Michigan enact: SECTION 1. Section ten of act number eighty-five of the public acts of nineteen hundred twenty-one, entitled "An act prescribing the fees, taxes and charges to be paid to the state by corporations doing or seeking to do business in this state; prescribing the method and basis of computing such fees, taxes and charges; requiring certain annual reports to be filed by corporations; providing for the disposition of the moneys received under this act, and prescribing penalties for non-compliance with the provisions thereof," is hereby amended, and a new section three-a is hereby added to the provisions of said act, said sections to read as follows: SEC. 3-a. The value placed upon each share of stock of fee, basis of. no par value by a corporation for the purpose of sale, or for exchange for property, or other stock, or for any other purpose, shall be taken as the basis of the franchise fees required at the time of incorporation or upon the increase of capital of Section added. Franchise a corporation for profit. Such value shall be at least one dollar. Where any shares of stock shall within one year after incorporation or within one year after an increase in capital be exchanged for property or for other stock at a price in excess of that stated in the articles of association, there shall be filed with the secretary of state a sworn statement in respect thereto and there shall be paid to the secretary of state on account thereof an additional franchise fee, such fee to be computed at the same rate as in the case of original incorporation: Provided, That no additional fran- Proviso. chise fee shall be required where the value placed upon such shares is based upon earnings of a corporation. statement, SEC. 10. In case any corporation required to file the re- False port and pay the fee or fees prescribed in this act shall make additional any wilfully false statement in such report, such corpora- penalty. tion shall be subject to an additional penalty in the sum of fifty per cent of the amount of the franchise fee required to be paid. Such penalty shall in no case be less than fifty dollars nor more than ten thousand dollars. In case any corporation required to file the report and pay the fee or fees prescribed in this act shall fail or neglect to make such report within the period required by law, such corporation shall, in addition to its liability for such privilege fee and interest thereon, be subject to a penalty of one hundred dollars, and an additional penalty of five dollars for each day's continuance of such failure or neglect, which penalty or penalties shall be collected in an action to be instituted by the attorney general of this state as prescribed by law; and it shall be the duty of the secretary of state to report to the attorney general every case of such failure or neglect promptly. This act is ordered to take immediate effect. [No. 224.] AN ACT to amend section four of act number two hundred seventy-nine of the public acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being section three thousand three hundred seven of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred nineteen of the public acts of nineteen hundred twenty-three. The People of the State of Michigan enact: SECTION 1. Section four of act number two hundred Section seventy-nine of the public acts of nineteen hundred nine, en- amended. titled, as amended, "An act to provide for the incorporation Permissive charter provisions. Borrow money; purposes. Proviso. Proviso. Proviso. Proviso. of cities and for revising and amending their charters," being section three thousand three hundred seven of the compiled laws of nineteen hundred fifteen, as amended by act number one hundred nineteen of the public acts of nineteen hundred twenty-three, is hereby amended to read as follows: SEC. 4. Each city may in its charter provide: (a). For annually laying and collecting taxes in a sum not to exceed two per centum of the assessed value of all real and personal property in the city; (b) For borrowing money on the credit of the city for the purpose of acquiring, owning, purchasing, constructing or operating a water works system, a sum not to exceed eight per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating an electric light and power system, a sum not to exceed three per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating such other public utilities as may be authorized by law, a sum not to exceed two per centum of the assessed value of all the real and personal property in the city: Provided, That a city may borrow money and pledge its credit for all public purposes, including the acquir ing, owning, purchasing, extending, constructing or operating of public utilities, a sum not exceeding eight per centum of the assessed value of all real and personal property in the city: Provided, That in cities where the amount of money which may be borrowed is now limited by law, such limit shall continue until it shall be raised or lowered by a threefifths vote of the electors voting on the question at a general or special election and in all cities bonds issued for public improvements in connection with which a special assessment district is made to pay therefor and which are a charge upon such district, shall not be included unless the contrary is provided by the charter and the resources of the sinking fund shall be deducted in determining the amount of such indebtedness. When a city is authorized to acquire, own, purchase, construct, or operate any public utility, it may, for the purpose of acquiring, owning, purchasing, constructing or operating the same, issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, That such mortgage bonds issued beyond the general limits of bonded indebtedness prescribed by law shall not impose any liability upon such city, but shall be secured only upon the property and revenues of such public utility, including the franchise, stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure: And provided, That said mortgage bonds shall be sold for not less than par, bear interest at a rate not in excess of six per centum, and the total amount thereof shall not exceed sixty per centum of the original cost of the utility: And provided further, That the Further charter shall provide for the creation of a sinking fund by proviso. setting aside such percentage of the gross or net earnings of the public utility as may be deemed sufficient for the payment of the mortgage bonds at maturity. In case of fire, flood or other calamity, the legislative body may borrow for the relief of the inhabitants of the city and for the preservation of municipal property, a sum not to exceed one-fourth of one per centum of the assessed value of all real and personal property in the city, due in not more than three years, even if such loan would cause the indebtedness of the city to exceed the limit fixed in the charter, and cities having a population of fifty thousand or more, owning and operating a water works plant and distributing system which, by its charter, is permitted to refund moneys advanced, or paid on special assessments imposed for water main extensions, may, through its legislative body, borrow on the faith and credit of the city to provide such refunding from time to time as buildings shall be connected with such water main extensions and may issue bonds therefor due in not more than thirty years in an amount and at a rate of interest limited by the charter of such city. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes and to refund moneys advanced or paid on special assessments for water main extensions, as above stated, and bonds secured only by mortgage on the property and franchise of a public utility which shall exceed in the aggregate eight per centum of the assessed value of all the real and personal property in the city: Provided, That the Proviso, may cities now incorporated and not under the general provisions debtedness. of this act, including cities incorporated as fourth class cities, may, while so incorporated, incur indebtedness up to the limits contained in the act of incorporation; (c) For laying and collecting rents, tolls and excises; Purposes. (c-1) For regulating, restricting and limiting the number and locations of oil and gasoline stations; (d) For the regulation of trade, occupations and amusements within its boundaries, not inconsistent with state and federal laws; (e) For the punishment of those who violate its law or ordinances, but no punishment shall exceed a fine of five hundred dollars or imprisonment for ninety days, or both in the discretion of the court; said imprisonment may be in the county jail or city prison, or in any workhouse in the state authorized by law to receive prisoners from such city; (f) For the establishment of any department that it may deem necessary for the general welfare of the city, and for the separate incorporation thereof: Provided, however, That Proviso. these provisions shall not be construed to extend to and include public schools; |