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ance of duties.
county clerk to furnish.
conviction thereof shall be subject to the punishment pre
scribed in section forty-six. Non-perform- SEC. 48. When by this act any act or duty is required to
be done or performed by or under the direction, supervision or authority of any officer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or who shall be responsible for such neglect, shall be guilty of a misdemeanor and shall be punished
as provided in section forty-six. Commence- SEC. 49. No prosecution for any offense mentioned in this prosecutions. act shall be maintained unless it shall be .commenced within
six months after the date of the primary election in connection
with which the offense is alleged to have been committed. Liability of Neither the complaining witness, nor any other person who witnesses.
may be called to testify in any such proceeding, shall be liable to criminal prosecution under this act for any matters or causes in respect to which he shall be examined or to which his testimony shall relate, except to prosecution for perjury
committed in such testimony. Posters, Sec. 50. It shall be the duty of the county clerk of each
county to cause to be printed large posters containing verbatim the whole of sections forty-six, forty-seven and fortyeight of this act, and shall furnish two of such posters to the board of primary election inspectors of each election precinct in his county at the same time that the official ballots for use at primary elections are delivered, and the board of primary election inspectors shall cause the said posters to be posted in conspicuous places in the polling place so that the
same can be plainly seen and read by all persons at any City, village primary election. It shall be the duty of the clerk of any and township clerks, duty city, township or village in which this act is operative to
deliver to the board of primary election inspectors of each elec. tion precinct within his jurisdiction, before the time for opening of the polls on primary election day, the register of electors and the party enrollment book and the blanks for poll lists and returns and any other supplies necessary to carry
out the provisions of this act. Liquors, sale
SEC. 51. The day on which any primary election shall be of, on primary days. held pursuant to the provisions of this act, shall be deemed
to be an election day in any city, county or district where such primary election is held within the meaning of section seventeen of act number three hundred thirteen of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this State, and to repeal all acts and parts of acts inconsistent with the
provisions of this act.” Act repealed. Sec. 52. Act number one hundred eighty-one of the public
acts of nineteen hundred five, entitled "An act relative to the nomination of party candidates for public office and delegates
to political conventions, in certain cases, to regulate and protect primary elections, and to prescribe penalties for violations of the provisions hereof," is hereby repealed, except that the enrollment of voters had thereunder shall continue in force as herein provided.
Approved October 24, 1907.
AN ACT to repeal section twenty-five and to amend sections
ten, twenty-seven, fifty-three and fifty-eight of act number two hundred four of the public acts of nineteen hundred one, as amended by act number one hundred eleven of the public acts of nineteen hundred five, entitled “An act to increase the efficiency of the military establishment of the State of Michigan and to repeal all former acts or parts of acts inconsistent with the provisions of this act.”
The People of the State of Michigan enact:
SECTION 1. Section twenty-five of act number two hundred four of the public acts of nineteen hundred one as amended repealed and by act number one hundred eleven of the public acts of nineteen hundred five, entitled “An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," is hereby repealed, and sections ten, twenty-seven, fifty-three and fifty-eight of said act are hereby amended to read as follows:
Sec. 10. Each regiment of infantry shall consist of the Regiments same number of battalions and companies, of officers, non
of infantry, commissioned officers and musicians as shall be prescribed consist of. from time to time for like organizations in the United States army, as near as may be, subject to the rules and regulations prescribed by the State Military Board. The organization, National armament and discipline of the Michigan National Guard guard; how
organized, etc. shall be the same as that which is now, or may hereafter be prescribed for the regular and volunteer armies of the United States; and the Governor may, by proper order, perfect such organization, armament and discipline, at any time, so as to comply with the laws, rules and regulations that may be prescribed for the regular and volunteer armies of the United States. The term of enlistment in the Michigan National Term of Guard shall be for three years, and company officers, except when elected to fill a vacancy, shall be commissioned for a term of three years and until their successors shall be commissioned
Sec. 27. For the purpose of providing the necessary ex. "State milipenses to carry out the provisions of this act, it shall be the tary fund,
, duty of the Auditor General, at the time of apportinning the etc.
Not used for other purposes.
State taxes to apportion each year among the several counties of the State, in proportion to the whole amount of real and personal property therein, as equalized by the State Board of Equalization, a sum equal to six cents for each person who, as it shall appear by the last preceding census, was a resident of this State, which sum so apportioned shall be collected in the same manner as other State taxes, and shall constitute the State military fund. The fund herein provided for the expense of the Michigan National Guard, shall be a continuing fund available only for that purpose and shall not be diverted to any other fund or used for any other
purpose. Armories, SEC. 53. Any corporation organized under this act may, agreements as with the consent of the State Military Board, enter into an to joint of by certain agreement with any athletic, literary, or Young Men's ,
Christian Association or Grand Army of the Republic, respecting the joint use by said military corporation and said other named corporations of any gymnasium, or other part of any armory erected or leased by said military corporation, either in connection with a building to be erected by said athletic,
literary, or Young Men's Christian Association or Grand Proviso as to Army of the Republic, or separately: Provided, however, approving
That the terms and stipulations of said agreement shall be Construction, first approved by the State Military Board.
Armories may etc., of, by
also be constructed and equipped by the State, for the use of
the permanent organized militia of the State, as hereinafter Annual appro- provided. To provide a fund for this purpose, there shall be priation,
appropriated not to exceed forty thousand dollars annually until the amount raised shall be sufficient to provide each
organization of the permanent organized militia with an Armory build- armory under the terms of this act. The amounts raised ing fund.
under the provisions of this section for building armories
shall be paid into the State treasury and carried in a fund to How paid be known as the armory building fund. This money shall be out, etc.
paid out by the treasurer upon the warrant of the State Military Board, approved by the Governor in the same manner as funds are paid out of the military fund upon the warrant of the Military Board, and they shall be paid out only for the purpose of erecting and equipping armories, as here.
inafter provided. The Military Board shall have general general super supervision of the preparing of plans and specifications for vision, etc.
armories, of letting contracts for the erection, furnishing and equipping the same, and of providing for the inspection of the erection thereof. And all expenses connected therewith shall
be a charge on, and be payable out of the armory building To accept and fund. The State Military Board shall have power to accept for armories. land for sites for armories, said sites to be without cost to the
State of Michigan, and take title thereto in the name of the
for the purpose of condemning land for armory building Proviso sites: Provided, That such proceedings shall be instituted
only when the amount to be paid upon the verdict of the jury
in the proceeding shall have been deposited with or adequately guaranteed to the State Military Board. The Military Board To procure
title, etc. shall have power to procure title to property and cause examination thereof to be made, and to condemn property for the purpose of using same for armories erected under authority of this act. When it is necessary to condemn lands for the Proceedings purposes of this act, the Military Board shall have power to for condemncause proceedings therefor to be instituted by the State of sites, how
. Michigan for the purpose of obtaining such land and said commenced. proceedings shall be started, maintained and terminated in the same manner as is now provided by law when it becomes necessary for the State of Michigan to condemn property for public purposes. The use of lands for armory building sites is hereby declared to be a necessary public purpose. When the Preparing and State Military Board deems it advisable to erect an armory plans, etc.,
approving of for any of the organizations of the National Guard, it shall of armory. cause plans, specifications and estimates to be prepared for an armory at the place it has so directed, and when the same shall have been prepared and approved by the Governor it shall proceed to erect said armory as hereinafter directed in this act. If, after the plans, specifications and estimates have Donation of been prepared in the manner herein provided, the military between eestiorganization or organizations for which the proposed armory mate and is to be erected, or some person or persons, firm, corporation where de
appropriation, or municipality acting for such military organization, shall posited. deposit with the State Treasurer for the credit of such armory building fund, an amount in cash or certified check, equal to the difference between the estimated cost and the amount appropriated by the State for such armory; and when such Bids, when amount shall have been deposited as aforesaid, the State
advertised Military Board shall advertise for sealed bids for the erection, for. equipping and furnishing of the same, and which advertisement shall be published in one paper in the city or county in which the armory is to be erected and also in a paper devoted to the interests of building and contractor's trade having a general circulation throughout the United States. All bids re. Where filed. ceived under said advertisement shall be filed in the office of the Adjutant General and must be accompanied by a for- Amount of feit consisting of a deposit of cash or a certified check company bids, equivalent to two per cent. of the estimate of said armory,
where credited conditioned upon the bidder entering into a contract, providing his bid is accepted, and all money forfeited shall be placed to the credit of the armory building fund. Upon the Bids, day specified in said advertisement the bids received shall be opening of. opened by the Military Board, and the lowest bid which complies with the plans and specifications submitted may be accepted. If a bid so made is accepted the State Military Contract and Board shall cause to be prepared a contract and bond between barid, pre
paring of themselves as representing the State of Michigan, and the etc., contractor for the completion of the armory and the protection of the State. Such contract and bond shall be prepared by the Attorney General of the State and shall pro
forfeit to ac
In case of full amount of donation not used.
In case of
vide for the completion of the armory and to protect the State for the pay of material, men and employes. Said contract may provide for payments from time to time in the manner there
in specified, but in no case shall the advance payment exceed Inspection of eighty-five per cent. of the bid. When the armory is completed
. filing of re
the Military Board shall inspect the same, and if satisfied shall file its report to that effect with the Governor, and not until such report is filed and approved by the Governor shall
the final payment be made upon said contract, and if upon made.
making such final payment it is shown that the full amount of the deposit or donation made by any organization, person, firm, corporation or municipality was not used in addition to the amount appropriated by the State for the erection of such armory, the amount remaining shall be returned by the
State Treasurer to the person or persons, firm, corporation or Board may municipality making the deposit or donation. Upon opening reject and re-advertise bids as aforesaid, the Military Board may reject any and all for bids.
bids, and may re-advertise for bids. In case of default, the default. Military Board can sue on the bond and advertise for other Represented bids for the completion of the work. In all cases where it is in legal work by attorney necessary to condemn lands, examine abstracts, sue on bonds, general,
or have other legal work done, the Attorney General shall Have power
represent the Military Board in said work or litigation. The donations, etc. Military Board shall have, power to receive from counties,
cities, municipalities or other sources, donations of land or contributions of money to aid in providing or erecting armories throughout the State of Michigan, for the use of the National Guard of Michigan, and which shall be held as other property
for the use of the National Guard of the State of Michigan, Counties, etc., and counties, cities or municipalities are hereby authorized to authorized
make such contributions for the purposes of this act, and are contributions. authorized to purchase land or issue bonds for the purpose
of raising money for said contribution, if the board of super
visors of the county or the common council of a city by a Maximum majority vote decide to do so. The maximum amount to be pended by expended by the State for any one company shall be ten
thousand dollars, which shall be exclusive of and in addition
to any gift or donation made to and for the benefit of any Board to have
particular authority to
If any organization of the National
armory. purchase cer- Guard of this State shall have an armory of their own erected tain armories.
by themselves, or by any person for them, and the title thereof is in said organization, the Military Board shall have authority, if its action is approved by the Governor, to purchase said armory and take the title thereof in the State, and to alter, repair, furnish and equip said armory, but the
amount so paid for said armory, alterations, repairs, furnishPurchasing ing and equipping, shall in no case exceed an amount equal to Iimited. ten thousand dollars for each company of the organization
owning and occupying such armory, and in no case shall ex
ceed one-half of the actual value thereof. disbandment
Upon the disbandof organiza- ment of an organization of the National Guard of Michigan, ing armory.
occupying and using an armory under the provisions of this
state for company.
In case of