of list. inspector shall not volunteer such assistance nor mark the ballot unless the elector is physically incapable of marking the ballot for himself. Whenever an elector is thus sworn Record. there shall be entered on a list, the form for which shall be furnished the inspectors of election for that purpose by the clerk of the township or city, the name and address of the voter thus sworn and the words "sworn to disability," with a statement as to the nature of the disability and the date of the election at which such entry was made. At the close of Certification the election such list shall be signed and certified as correct by each member of the election board and shall be filed with the clerk of such township or city at the same time and in the same manner as the registrar of electors. If no elector shall have been assisted as herein provided, such fact shall be certified to upon such list. Any elector who shall swear falsely False that he is incapable of marking his ballot, shall be guilty of perjury and upon conviction, subject to the punishments provided by law therefor. Any inspector who shall administer an Penalty. oath or who shall permit an oath to be administered in his presence to any person whom he knows to be capable of marking the ballot for himself or who shall assist any elector in any manner contrary to the provisions contained herein, or who shall neglect or refuse to keep the record of such oath having been administered or to mark the ballot of an assisted voter for identification, as is required herein, shall upon conviction be punished as provided in section forty-five of this act. swearing. of amend SEC. 48. Whenever any constitutional amendments or other Submission questions are proposed to be submitted to the electors, the ments or board of election commissioners of each county shall cause questions. them all to be printed on ballots separate and distinct from the ballot containing the names of nominees for public office, the substance of each amendment or other question to be clearly indicated upon said ballot by a suitable designation in distinct and easily legible type, with the words "yes" and "no" printed below it in separate lines. The elector shall How designate his vote on each separate question submitted by a cross mark (X) placed opposite the word "yes" or the word "no" under such question in a suitable place provided therefor. The said ballots shall be of uniform size and of the same Ballots. quality of white paper, and sufficiently thick that the printing cannot be distinguished from the back. Such ballots shall Numbered. be numbered and initialed the same as is required by law for the numbering and initialing of ballots containing the names marked. of nominees for public office. They shall be delivered to the Delivery, etc. inspectors and electors, and voted and canvassed in all respects in the same manner and subject to the same regulations, restric tions and penalties heretofore provided in this chapter for the ballots containing the names of the nominees for public offices, except that separate ballot boxes shall be kept and used, the Separate box for the deposit of the ballots for nominees being desig nated by the words "public officers," plainly printed or painted thereon, so as to be readily seen by each elector, and the box boxes. Proviso, female electors. Intention What to set forth. for the deposit of ballots for constitutional amendments and other questions to be designated by the words "propositions submitted" in the same manner: Provided, That questions on which female electors are permitted to vote shall be submitted on a separate ballot from that on which only male electors are permitted to vote. SEC. 49. Not less than ten nor more than twenty days prior to any election any organization or committee of citizens other than political party committees authorized by the provisions of this act and intending to appoint challengers at such election shall file with the clerk of the county, village or city in which such election is to be held, a statement setting forth the intention of such organization or committee to appoint such challengers. Such statement shall set forth the reason why such organization or committee claims the right to appoint such challengers with a facsimile of the card to be used and shall be signed and sworn to by the chief presiding officer, the secretary or some other officer of such Names, when organization or committee. Not less than five days preceding any election when such statements shall have been filed with him, it shall be the duty of such clerk to furnish to the inspectors of election in such county, village or city, the names of any organizations or committee authorized to appoint and keep challengers at the places of voting in such county, vilUnauthorized lage or city. Any person who shall file such statement in behalf of any organization or committee not authorized by the provisions of this act to appoint such challengers, or any county, village or city clerk who shall fail to perform the duties required of him by the provisions of this section, shall upon conviction, be punished as provided in section forty-five of this act. furnished. statement. Penalty. Stealing or destroying documents, etc. Fraudulent entry, etc. Penalty. Acts to be printed. Inspectors to be supplied. SEC. 50. Every inspector of election, registrar, clerk, or other officer or person having the custody of any record, registry of voters, election list of voters, affidavit, return or statement of votes, certificates, poll book, or of any paper, document or vote of any description, in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof; or who shall fraudulently make any entry, erasure, or alteration therein, except as allowed and directed by the provisions of this act; or who permits any other person so to do, shall upon conviction thereof be punished as provided in section fortyfive of this act. SEC. 51. It shall be the duty of the Secretary of State to have a sufficient number of copies of this act together with act number one hundred eighty of the Public Acts of eighteen hundred seventy-seven printed prior to each regular biennial election in November to supply a copy to each inspector of election in each township, village and city of this State. There shall be printed on the fly leaf of each copy a statement over the name of the Attorney General, calling the county clerk. particular attention of such inspectors of election to sections twenty-one, twenty-three, thirty-two, forty-five, forty-nine and fifty of this act. It shall be the duty of the clerk of each Duty of county in this State to make requisition upon the Secretary of State not less than thirty days prior to each November election for the number of copies required by such county and such clerk shall furnish one copy to each board of election inspectors in such county immediately prior to each general November election. SEC. 52. Any election official who shall be convicted of any Penalty. violation of this act shall thereafter be debarred from performing the duties of such office. Approved May 7, 1915. [No. 142.] AN ACT to amend section twelve of act number two hundred thirty-two of the Public Acts of nineteen hundred three, entitled "An act to revise and consolidate the laws provid ing for the incorporation of manufacturing and mercantile companies, or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations," as amended by act number one hundred ninety-four of the Public Acts of nineteen hundred five, and as further amended by act number one hundred thirty-seven of the Public Acts of nineteen hundred seven. The People of the State of Michigan enact: amended. SECTION 1. Section twelve of act number two hundred Section thirty-two of the Public Acts of nineteen hundred three, entitled "An act to revise and consolidate the laws providing for the incorporation of manufacturing and mercantile companies, or any union of the two, and for the incorporation of companies for carrying on any other lawful business, except such as are precluded from organization under this act by its express provisions, and to prescribe the powers and fix the duties and liabilities of such corporations," as amended by act number one hundred ninety-four of the Public Acts of nineteen hundred five, as further amended by act number one hundred thirty-seven of the Public Acts of nineteen hundred seven, is hereby amended to read as follows: annual SEC. 12. Every corporation subject to this act, including Duplicate every foreign corporation admitted to carry on business in reports. this State under the provisions of this act, shall annually, Proviso, flour milling Further proviso, report at other time. What report to state. in the month of January or February, make duplicate reports showing the condition of such corporation on the thirty-first day of December next preceding on suitable blanks to be furnished by the Secretary of State, as hereinafter provided: Provided, That flour milling corporations shall make and corporations. deposit annual reports in the month of July for the year ending June thirty preceding: Provided further, That any such corporation, which shall make and file with the Secretary of State a statement, in writing certified to by its president and secretary, showing that its fiscal year ends at a time other than December thirty-first and that it is its custom to take an inventory and balance its accounts at the close of such fiscal year, and cannot make an accurate report for any other date, shall make its report showing its condition at the close of its fiscal year, such report to be filed within sixty days after such close of its fiscal year. Such report shall state the amount each of common and preferred capital stock authorized, and the amount thereof subscribed for, and the amount thereof actually paid in in cash, and the amount thereof paid in property; the total value as near as may be estimated of all property owned by the corporation; the value of different items or classes of property as follows: Real estate used in its business; real estate not used in its business; goods, chattels, merchandise, material and other tangible property; patent rights, copyrights, trade marks and formulas; good will; and all other property, specifying the kind; value of all credits owing to the corporation; the amount of debts of the corporation; the name and postoffice address of each stockholder and the number of shares of preferred and common stock held by him at the date of such report; the name and postoffice address of each officer and director of the corporation, and such other information as the Secretary of State may require. It shall be the duty of the Secretary of State in the month of December in each year, or in case of corporations whose fiscal year ends prior to December thirty-first, on application of such corporation, to mail to each corporation which is subject to the provisions of this act, suitable blanks on which shall be printed a copy of this section. Such reports shall be signed by a majority of the board of directors and verified by the oath of the secretary of the corporation, and deposited in the office of the Secretary of State within the said month of January or February, or within sixty days after the close of such fiscal year, accompanied by a filing fee of fifty cents. The Secre tary of State shall carefully examine such reports, and if upon such examination they shall be found to comply with all the requirements of this section, he shall then file one of them in his office, and shall forward the other by mail or county clerk. express to the county clerk of the county in which the office in this State for the transaction of the business of said corporation, is situated. And it shall be the duty of such county clerk, upon receipt of such report, to immediately cause the Duty of secretary of state. Reports, how signed. Where filed. Examination Filing and delivery to corporate same to be filed in his office. If any corporation neglect or Neglect refuse to make and file the reports required by this section or refusal. within the time herein specified, and shall continue in default for ten days thereafter, its corporate powers shall be suspended thereafter, until it shall file such report, and it Penalty. shall not maintain an action in any court of this State upon any contract entered into during the time of such default; and any director of such corporations so in default, who has neglected or refused to join in the making of such report shall be liable for all the debts of such corporation contracted during the period of such neglect or refusal, and shall also be liable to such corporation for any damages sustained by it by reason of such refusal or neglect. And in case a corpora- Change of tion organized or doing business under the provisions of status. this act shall be dissolved by process of law, or whose term of existence shall terminate by limitation, or whose property and franchise shall be sold at mortgage sale, or at private sale, or if for any reason the attitude of the corporation toward the State shall be changed from that set forth in the articles of association, it shall be the duty of the last board of directors of such corporation within thirty days thereafter to give written notice of such change to the Secretary Notice of State, signed by a majority of such directors and accompanied by a recording fee of fifty cents, which said notice shall be recorded as amendments are required to be recorded. And in case of neglect to give such notice, they shall be sub- Neglect to give notice. ject to a penalty of five dollars for each and every day during the continuance of such neglect or refusal. Whenever any Notice of corporation has neglected or refused to make and file its re- to report. port within twenty days after the time limited in this section, the Secretary of State shall cause notice of that fact to be given by mail to such corporation, directed to its postoffice address. The certificate of the Secretary of State or his Proof of deputy, of the mailing of such notice, shall be prima facie notice. evidence in all courts and places of that fact, and that such notices were duly received by said corporation. All actions and Limitation suits based on the neglect or refusal of the officers or directors of such corporations to make and file the reports required by this section shall be commenced within two years after such neglect or refusal has occurred and not afterwards. Approved May 7, 1915. failure receipt of of actions. |