seven of the Compiled Laws, is hereby repealed; and sections one, three, five, six, seven, eight, nine, ten, eleven and thirteen of chapter eleven, and sections four, five and eight of chapter thirteen of said act, being sections four thousand seven hundred fifty-two, four thousand seven hundred fifty-four, four thousand seven hundred fifty-six, four thousand seven hundred fifty-seven, four thousand seven hundred fifty-eight, four thousand seven hundred fifty-nine, four thousand seven hundred sixty, four thousand seven hundred sixty-one, four thousand seven hundred sixty-two, four thousand seven hundred sixty-four and sections four thousand seven hundred sixtyeight, four thousand seven hundred sixty-nine and four thousand seven hundred seventy-two of the Compiled Laws of eighteen hundred ninety-seven are hereby amended to read as follows:

Township

or city may maintain library.

Proviso,

CHAPTER XI.

SECTION 1. A library may be maintained in each organized township or city which shall be the property of the township or city and under the control of the township board of said township or the board of education of the village or city. All actions relating to such library or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the township or city: Provided, abandonment. That if in the judgment of said township board the people of said township will be better served by disposing of said library to the several school districts of the township, said board shall have authority to take such action, or the said board may authorize the merging of the township library into a free public library in accordance with the statutes authorizing the establishment of such free public libraries, and after such merging the free public library so established shall receive all the books of the former township library, and the township library shall be considered abandoned: Provided further, That when any legal action is taken or Becomes necessary concerning the township library the township clerk shall represent the township in all actions concerning said library: Provided further, That when any township has already been organized as a township school district or shall hereafter be organized as a township school district, the control of the township library shall pass from the township board to the board of education of such township, and all rights, powers and duties heretofore exercised by the said township board or the members thereof shall be thereafter exercised and performed by the township board of education through the proper officers.

Further

proviso, in case of legal action.

Further proviso,

township school district.

Township library, who to have charge of, etc.

SEC. 3. The township board shall have charge of the township library and the township treasurer shall apply for and receive from proper authorities all moneys appropriated for the township library and shall keep a separate account of

control to

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- passing of 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 villages. 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.

library where kept.

term, etc.

The township board shall cause the township Township library to be kept at some central and suitable place in the 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.

district

books and

SEC. 6. Any school district, by a majority vote at an an- School nual or special meeting, may establish a school district library 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 secretary such facts and statistics relative to the library as include. the State Superintendent of Public Instruction may direct, and

report of,

Failure to report.

Forfeiture of

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.

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

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 district or township district, village or city shall forfeit its 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

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. i

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: