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of eighteen hundred forty-six, such bond shall be in at least
double the amount of any moneys to come into his hands by
virtue of this chapter: Provided, That, except in the Upper Proviso as to
Peninsula, in townships consisting of more than one sur-
veyed township, the money so raised by money tax for high-
way purposes shall be expended in each of said several sur-
veyed townships in a just and equitable proportion to the
amount of such money tax so raised therein.

This act is ordered to take immediate effect.
Approved June 13, 1905,

[No. 220.]

AN ACT to amend section thirty-six of an act, entitled "An act to provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State," approved May thirty-one, eighteen hundred ninetythree, as amended by act number two hundred eleven of the public acts of eighteen hundred ninety-five and act number six of the public acts of eighteen hundred ninetyeight.

The People of the State of Michigan enact:

amended.

SECTION 1. Section thirty-six of an act, entitled "An act to Section provide for the enrollment, organization, equipment, maintenance and discipline of the naval militia of the State," approved May thirty-one, eighteen hundred ninety-three, as amended by act number two hundred eleven of the public acts of eighteen hundred ninety-five and act number six of the public acts of eighteen hundred ninety-eight, is hereby amended so as to read as follows:

militia fund how

SEC. 36. For the purpose of providing the funds necessary State naval for organizing, maintaining and equipping the forces of the provided. State naval brigade, by law authorized and established, it shall be the duty of the Auditor General, at the time of apportioning the State taxes, to apportion among the several counties of the State each year, in proportion to the whole amount of real and personal property therein, as equalized by the State Board of Equalization, a sum equal to two- Amount. thirds of one cent for each person who 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 with other State taxes and shall constitute and be designated as a State naval militia fund. All provisions of law relative to Collection and the collection and disbursement of the State military fund, as by law established and created, shall apply to and govern the collection and disbursement of the said State naval militia

disbursement.

Apportionment of moneys.

fund. From said State naval militia fund it shall be and
may be lawful for the State Military Board, with the ap-
proval of the Commander-in-chief, to pay and refund all
sums paid and disbursed by any division or divisions of the
naval militia for expenses of the Adjutant General's office or
for freight or transportation of arms or other articles of
equipment, loaned or furnished by the United States govern-
ment. No moneys except those expressly apportioned by law
for use, support and maintenance of the naval forces of the
State troops shall be employed for. any such purpose, and all
moneys raised and appropriated for military purposes shall,
unless otherwise expressly provided by law, be deemed to be
raised and appropriated for the sole and exclusive use, sup-
port and maintenance of the land forces of the State militia.
This act is ordered to take immediate effect.
Approved June 13, 1905.

Section amended.

Rate of charges, by whom fixed, etc.

Governor to be informed.

[No. 221.]

AN ACT to amend section thirty-eight of act number two hundred seventeen of the public acts of nineteen hundred three, being "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management, and use thereof, and to provide for the apprehension of persons believed to be insane and for their care and custody."

The People of the State of Michigan enact:

SECTION 1. Section thirty-eight of act number two hundred seventeen of the public acts of nineteen hundred three, being "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management, and use thereof, and to provide for the apprehension of persons believed to be insane and for their care and custody," is hereby amended to read as follows:

SEC. 38. The rate of charges per week to be paid each institution for the board and treatment of patients shall be fixed annually at a joint meeting of the boards of trustees and the Board of State Auditors; said charge not to exceed the actual cost thereof including all salaries, repairs, improvements and machinery, exclusive of new buildings, boilers, engines and dynamos, but this provision shall not be construed to prevent the furnishing of extra care and attendance to patients by special contract. Within ten days after the joint meeting of the said boards it shall be their duty to inform the Governor in writing of the charge per week prescribed.

If in the opinion and discretion of the Governor, the rate so When may call
fixed at such meeting shall be excessive, he shall within ten another meeting.
days after receipt of such communication call another joint.
meeting of the said boards for the purpose of fixing such a
rate as shall be approved by the Governor. The members of
the Board of State Auditors shall be allowed their actual
expenses incurred while attending said meetings. At the Quarterly report
close of each quarter the medical superintendent shall cer-
tify to the Secretary of State the name, age, and residence of
all public patients admitted or discharged during the quar-
ter.

This act is ordered to take immediate effect.
Approved June 13, 1905.

of superintendent.

[No. 222.]

AN ACT making appropriations for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven, for the purpose of promoting the horticultural interests of the State and the editing and compiling of the reports of the Michigan State Horticultural Society, and to provide a tax to meet the same.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the use of Appropriation. the Michigan State Horticultural Society for the fiscal year ending June thirty, nineteen hundred six, the sum of one thousand five hundred dollars, and for the fiscal year ending June thirty, nineteen hundred seven, the sum of one thousand five hundred dollars.

SEC. 2. The moneys appropriated by this act shall be paid How paid. by the State Treasurer upon the warrant of the Auditor General. The accounts of the society shall be made upon forms of vouchers furnished by the Auditor General, shall be fully itemized, and shall show that the disbursements were for the purposes prescribed in this act. Said accounts shall be certified as correct by the president and secretary of the Michigan State Horticultural Society.

SEC. 3. The moneys hereby appropriated may be used by How used. the officers of the Michigan State Horticultural Society for procuring lectures, employing scientists or experts to investigate the diseases and insect enemies of trees, vines, plants or fruit, to determine and promulgate the best method of preventing or destroying said diseases and insects, or in such other manner as in the judgment of said board will best promote the horticultural interests of the State; also in the work

To be incorporated in state tax.

of collecting material, securing cuts for illustrations, and in preparation of the copy of the reports of said society for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven.

SEC. 4. The Auditor General shall incorporate in the State tax for the year nineteen hundred five the sum of fifteen hundred dollars, and for the year nineteen hundred six, fifteen hundred dollars, which, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved June 13, 1905.

When sale of merchandise void as to creditors

Seller etc., shall make detailed inventory.

[No. 223.]

AN ACT to regulate the sales, transfers and assignments of stocks of goods, merchandise and fixtures, in bulk.

The People of the State of Michigan enact:

SECTION 1. The sale, transfer or assignment, in bulk, of any part or the whole of a stock of merchandise, or merchandise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the business of the seller, transferor or assignor, shall be void as against the creditors of the seller, transferor, assignor, unless the seller, transferor, assignor and purchaser, transferee and assignee, shall, at least five days before the sale, make a full detailed inventory, showing the quantity and, so far as possible with exercise of reasonable diligence, the cost price to the seller, transferor, and assignor of each article to be included in the sale; and unless the purchaser, transferee and assignee delist of creditors, mands and receives from the seller, tranferor and assignor a written list of names and addresses of the creditors of the seller, transferor and assignor, with the amount of indebtedness due or owing to each, and certified by the seller, transferor and assignor, under oath, to be a full, accurate and complete list of his creditors, and of his indebtedness; and unless the purchaser, transferee and assignee shall, at least five days before taking possession of such merchandise, or merchandise and fixtures, or paying therefor, notify personally, or by reg istered mail, every creditor whose name and address are stated in said list, or of which he has knowledge, of the proposed sale and of the price, terms and conditions thereof.

Purchaser to receive written

etc.

Purchaser to notify all creditors.

Act to include corporations, etc.

SEC. 2. Sellers, transferors and assignors, purchasers, transferees and assignees, under this act shall include corporations,

associations, copartnerships and individuals.

But nothing Not applicable contained in this act shall apply to sales by executors, admin- to certain sales. istrators, receivers, trustees in bankruptcy, or by any public officer under judicial process.

etc., to become

receiver.

SEC. 3. Any purchaser, transferee or assignee, who shall When purchaser, not conform to the provisions of this act, shall, upon application of any of the creditors of the seller, transferor, or assignor, become a receiver and be held accountable to such creditors for all the goods, wares, merchandise and fixtures that have come into his possession by virtue of such sale, transfer or assignment: Provided, however, That any pur- Proviso, as to chaser, transferee or assignee, who shall conform to the pro- complying visions of this act shall not in any way be held accountable to with this act. any creditor of the seller, transferor or assignor, or to the seller, transferor or assignor for any of the goods, wares, merchandise or fixtures that have come into the possession of said purchaser, transferee or assignee by virtue of such sale, transfer or assignment.

Approved June 16, 1905.

purchaser, etc.,

[No. 224.]

AN ACT authorizing school district boards, boards of trustees of graded schools and boards of education in cities to establish and maintain day schools for the deaf, and authorizing payment therefor from the general fund, and repealing act number one hundred seventy-six of the public acts of eighteen hundred ninety-nine and all other acts or parts of acts conflicting with the provisions of this act.

The People of the State of Michigan enact:

deaf, when

SECTION 1. That upon application by a school district Day schools for board, board of trustees of a graded school, or board of educa- established, etc. tion of any city of this State to the Superintendent of Public Instruction, he shall grant permission to such board to establish and maintain, an1 such board shall thereupon be empowered to maintain within the limits of its jurisdiction one or more day schools having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three years, whose parents or guardians in the case of orphans are residents of the State of Michigan.

of Public Instruc

SEC. 2. Any board which shall maintain one or more day Report to Supt. schools for the instruction of the deaf shall report to the tion. Superintendent of Public Instruction annually, and at such other times as he may direct, such facts concerning the school or schools as he may require.

SEC. 3. The board of education of the city or district Annual budget.

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