Failure to report.

where school officers report to the township clerk they shall include similar information in said report to said clerk.

SEC. 9. In case the township board of any township, or the district board of any school district, or the board of education of any village, city or township, shall fail to make the reports required by this act, or in case it shall appear that any township or school district or township district, village or city has failed to use the library money in strict accordance with the provisions of law, such township or disForfeiture of trict or township district, village or city shall forfeit its

library

moneys.

Annual

statement of

townships, etc., entitled

to library

money.

Statement

and copy, to whom furnished.

Fines, certain.

share of the library moneys that are apportioned for the ensuing year and such money shall be apportioned to other township districts, villages or cities in the county as hereinafter provided.

SEC. 10. The Superintendent of Public Instruction shall annually and previous to the tenth day of May, transmit to the clerk of each county a statement of the townships, districts, township districts, villages and cities in his county that are entitled to receive library moneys, giving the number of children in each case between the ages of five and twenty years as shall appear from the annual reports of such townships, districts, township districts, villages or cities for the school year last ending. Said clerk shall file such statement in his office and shall forthwith furnish a copy thereof to the county treasurer. The State superintendent shall also furnish a copy of such statements to the township clerks or city clerks in each county.

SEC. 11. The proceeds of all fines for any breach of the penal laws of this State, when collected in any county and paid into the county treasury, together with all moneys heretofore collected and paid into said treasury on account of such fines and not already apportioned, shall be apportioned by the county treasurer in accordance with the directions of the Superintendent of Public Instruction, as provided in the When applied preceding section, before the first day of June in each year among the several townships, districts, township districts, villages and cities in the county, which money when received by the proper authorities shall be exclusively applied to the support of township, district, township district, village and city libraries and to no other purposes.

to support of libraries.

Books, sale or donation of.

Township clerk,

liability of, for failure

to report.

SEC. 13. The district board or board of education of any school district may donate or sell any library book or books belonging to such district to the township board, where there is a township library or to the city library in cities, and such books shall thereafter form a part of the township or city library.

CHAPTER XIII.

SEC. 4. If any township clerk shall neglect or refuse to make out and transmit the annual report containing the reports of the several school districts of his township or any

other report which the law may require of him, within the time limited therefor, he shall be liable to pay the full amount lost by the township or any district or districts by such neglect or refusal, with interest thereon, to be recovered in an action of debt or on the case.

clerk or

liability of,

SEC. 5. Any county clerk or county commissioner of schools County who shall neglect or refuse to transmit to the Superintendent commissioner, of Public Instruction the reports required by this act or any for failure" other reports which the law may require, within the time to report. limited therefor, shall be liable to pay to each township, village or city the full amount which such township or any school district, village or city therein shall lose by such neglect or refusal, with interest thereon to be recovered in an action of debt or on the case.

school

of, to be

SEC. 8. The township board of each township containing Primary primary school districts and in the case of fractional school districts, districts the township board of the township in which the when officers district schoolhouse thereof is situated, shall have power removed. and is hereby required to remove from office, upon satisfactory proof, after at least five days' notice to the party implicated, any district officer who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neglect to discharge any of the duties of his office: Provided, That the power of the township board to remove Proviso. school officers from office shall not apply when the township

removal to

evidence.

is organized as a school district. In case of such removal Order for it shall be the duty of the township clerk of such township be recorded. to enter in the records of such township the resolution or order of such board for such removal; and such record of such resolution or order so entered or a certified copy thereof shall be prima facie evidence in all courts and places of Prima facie jurisdiction of such board and of the regularity of the proceedings for such removal, and, unless the party so removed shall, within thirty days after such removal, institute proceedings before a court of competent jurisdiction for the removal of such order for removal, or if after such thirty days such proceedings to obtain such removal shall be discontinued or dismissed, shall be conclusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five days' notice of the time and place fixed by said board for the hearing of the case as aforesaid.

Approved April 14, 1909.

Automobiles, etc., unauthorized

taking or using.

Proviso,

first offense.

Further proviso, provisions construed.

[No. 33.]

AN ACT to prohibit the unauthorized taking or using of automobiles or other motor vehicles by drivers or caretakers thereof, or by any other person or persons, without intent to steal the same, and to provide a penalty therefor.

The People of the State of Michigan enact:

SECTION 1. Every person who takes or uses without authority an automobile or other motor vehicle without intent to steal the same, or who shall be a party to such unauthorized taking or using, shall upon conviction thereof be punished by imprisonment in the State prison for not more than two years or by a fine of not more than five hundred dollars: Provided, That in case of first offense the court may in its discretion reduce the punishment to imprisonment in the county jail for a term of not more than three months or a fine of not more than one hundred dollars: Provided further, That the provisions of this act shall be construed to apply to any person or persons employed by the owner of said automobile or other motor vehicle or any one else, who, by the nature of his employment, shall have the charge of, or the authority to drive said automobile or other motor vehicle if said automobile or other motor vehicle is driven or used without the owner's knowledge or consent. Approved April 14, 1909.

Sections amended.

[No. 34.]

AN ACT to amend sections one, two and three of act number one hundred forty-one of the public acts of nineteen hundred five, as amended by act number seventy-eight of the public acts of nineteen hundred seven, entitled "Au act to provide for the exercise by religious societies of corporate powers for certain purposes.

The People of the State of Michigan enact:

SECTION 1. Sections one, two and three of act number one hundred forty-one of the public acts of nineteen hundred five, as amended by act number seventy-eight of the public acts of nineteen hundred seven, entitled "An act to provide for the exercise by religious societies of corporate powers for certain purposes," are hereby amended to read as follows:

organized

may elect

SEC. 1. When there is organized within this State any When diocese, synod, conference, district or other organization, diocese, etc., being an association of congregations or societies, or a trustees. quarterly conference of a station, mission, class, congregation, circuit or other organization of a religious denomination, which shall desire to possess corporate powers in order to effectuate the purposes of such organization, such diocese, synod, conference, board of district stewards, or a quarterly conference thereof, may, at a meeting thereof held and conducted according to the rules and regulations of such organization, association or quarterly conference, elect trustees in number not more than nine nor less than three, and also designate the corporate name by which such trustees and their successors in office shall be known.

given

of election.

how

and recorded.

term of

SEC. 2. It shall be the duty of the officer presiding over Trustees, such election to give to such trustees a certificate of their certificate election under his hand and seal, specifying the name by which such trustees and their successors shall thereafter be known. Such certificate shall be acknowledged by the person Certificate, making the same, before some officer authorized to take acknowledged of deeds, acknowledgments which certificate and the deeds, which acknowledgment thereof shall be recorded by the county clerk of the county in which such meeting was held in a book provided for such or similar purposes; such clerk shall be Recording entitled to receive ten cents for each folio for recording the fee. same, a certified copy of which shall be filed in the office of the Secretary of State, and thereafter such trustees and their successors shall be a body corporate by the name expressed in such certificate. They and their successors shall hold Trustees, their offices for the term of one year, or until the organization office. or association first making such election elects others to succeed them; and a certified copy of the record of said certificate under the seal of the Secretary of State or of the county clerk where said record is made or kept shall be received as prima facie evidence of the fact of the due existence and incorporation of such association in all courts in this State: Provided, Proviso, That if such board of trustees be elected by a quarterly con- certificate ference of a station, mission, class, congregation or circuit filed with or any other organization, the certificate of election as pro- clerk. vided in this section shall be filed with the county clerk: Provided further, That when a quarterly conference or other Further organization elects a board of trustees for any local congre- trustees for gation situated in a county other than where such meeting local and election were held, a certified copy of the certificate of election as provided in this section shall be recorded in the office of the county clerk of the county where such congregation or class is situated; and when such trustees are duly elected and the certificate of their election is filed as specified in this section, then such trustees shall exercise full power and control over the property belonging to such congregation or class as provided in section three of this act.

when

county

proviso,

congregation.

Corporate powers.

Proviso,
sale or
encumbrance

of property.

olution an

etc.

SEC. 3.

Such trustees may have a common seal and may alter the same at pleasure and by their corporate name may take into their possession, hold and enjoy all the property, real and personal, purchased for, devised, granted or conveyed to them for the use and benefit of such religious organization; they may also in such corporate name sue and be sued in all courts, recover and hold all debts, demands, rights and privileges, and they may sell and convey, mortgage or lease any real estate belonging to such organization or held by them as such trustees: Provided, however, That no sale or encumbrance of any real estate or personal property belonging to such organization shall be made unless such board of trustees shall first be authorized to make such sale or encumbrance by a resolution approved by a majority of the members present and voting at any regular meeting of said church or organization electing such board of trustees, or Corporate res at a special meeting called for that purpose. In every case nexed to deed, of the conveyance or encumbrance of real estate, said trustees shall annex to their deed or mortgage a certified copy of the corporate resolution authorizing such conveyance or encumbrance, and such certified resolution shall be recorded with such deed or mortgage in the office of the register of deeds of the county where said real estate is situated, and when so recorded such record or a certified copy thereof made by the register of deeds shall be received as prima facie evidence of the authority conferred by such resolution in all courts in this State. The proceeds of the sale of any personal property, real estate, mortgage or lease shall be, when received by said trustees, turned over to the treasurer of such organization electing such trustees, or treasurer elected by such board of trustees, to be disposed of as provided by the rules and by-laws of such church or organization. Such trustees may also, upon the death or resignation of any of their number, fill the vacancy so caused by electing any member belonging to such church or organization, and the person elected to fill such vacancy shall hold office for the remainder of the unexpired term, or until the organization or association electing the said trustees shall make a new election. Approved April 14, 1909.

Proceeds of sale, how disposed of.

Vacancies, how filled.