passing of such funds. The township treasurer shall pay out such library moneys on the order of the township clerk, countersigned by the supervisor. The township board shall purchase books and procure the necessary appendages for the township library: Provided, That when the township library shall pass Proviso, to the control of the township board of education, the town- control to ship treasurer shall continue to apply for and receive all board of library moneys and pay them over to the treasurer of the board of education upon proper warrant of the township district. In villages or cities the treasurer of the board of Cities or education shall apply for and receive all moneys apportioned or appropriated for libraries and shall disburse such funds in the same manner as other educational funds. education. villages. term, etc. SEC. 5. The township board shall cause the township Township library where library to be kept at some central and suitable place in the kept. township which it shall determine. Said board shall also, Librarian, within ten days after the annual township meeting, appoint appointment, a librarian for the term of one year to have the care and superintendence of said library, and such librarian shall be responsible to the township board for the impartial enforcement of all rules and regulations lawfully established in relation to said library. library books and SEC. 6. Any school district, by a majority vote at an an- School nual or special meeting, may establish a school district district library, due notice of said action to be stated on the annual how may be established, or special meeting notice, and such district shall be entitled etc. to its just proportion of books from the library of any town- Share of ship in which it is wholly or in part situated, to be added money. to the district library, and also to its equitable share of any library moneys remaining unexpended in any such township or townships at the time of the establishment of such district library or that shall thereafter be raised by tax in such township or townships or that shall thereafter be apportioned to the township for library purposes. who to SEC. 7. The district board of any school district or the Library, board of education of any township school district, village have charge or city in which a library may be established in accordance of, etc. with the provisions of this act, shall have charge of such library and provide the necessary conveniences for the proper care of such library, and said board shall be responsible for and shall use all moneys raised or apportioned for its support in accordance with the provisions of law. report SEC. 8. The township clerk shall give in his annual report Township to the Superintendent of Public Instruction such facts and clerk to statistics relative to the management of the township library annually. and the library moneys thereof as said Superintendent of Public Instruction shall direct, and the district board or board of education of any district, village or city having a Director, library shall give in the annual report of the director or what to report of, secretary such facts and statistics relative to the library as include. the State Superintendent of Public Instruction may direct, and 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. When applied to support of libraries. Books, sale or donation of. Township clerk, liability of, for failure to report. 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 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. 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 PUBLIC ACTS, 1909-No. 32. 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 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 removal to SEC. 8. The township board of each township containing Primary primary school districts and in the case of fractional school 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 In case of such removal Order for is organized as a school district. 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. evidence. Automobiles, etc., unauthorized taking or using. 1 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 trustees. 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 may elect 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. fee. 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 acknowledgments of deeds, which certificate and the 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 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 county 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 filed with proviso, congregation. |