as if he not barred. er to execute nothing in this act contained shall be construed to pre- when actions vent any creditor in any such contract from maintaining an action thereon at common law in like manner had no lien for the security of his debt. SEC. 23. When the debt secured by such lien is fully when lien holdpaid, the lien holder shall execute to such owner, part owner or discharge, etc. lessee, or other person having an interest or title in the lands, [building] buildings, machinery, structure, or improvements affected by such lien, a discharge as in case of a discharge of a mortgage, or shall indorse such discharge on such claim of lien filed, and upon refusal to do so on demand, shall be subject to like penalties as are provided by law for refusal to discharge mortgages which have been fully paid. SEC. 24. If any lien claimant shall die before the commence- In case of death ment of a suit thereon, or the taking of proceedings to of claimant. enforce the same, the suit or proceeding may be commenced and prosecuted by his executors or administrators, or if commenced in his lifetime, may be prosecuted by them, as it might have been by the deceased himself if living. SEC. 25. All liens or claims for liens which may arise or Liens, etc., asaccrue under the terms of this act shall be assignable, and signable, etc. proceedings to enforce such liens may be maintained by and in the name of the assignees, who shall have as full and ample power to enforce the same as if such proceedings were taken under the provisions of this act by and in the name of the lien [claimants] claimant themselves. No lien provided for in this act shall be defeated or waived by the taking by the lien claimant, from any person, of any security for such debt other than upon the real estate itself, in the absence of express agreement that the taking of such security shall be a waiver of the lien. SEC. 26. Parties entitled to liens under this act whose In case of claims claims are not due and payable, may give notice of their not due, etc. intent to claim a lien, and may become parties to any suit to enforce a lien, or institute such suit or proceedings themselves, and their claims shall be allowed subject to a reduction of interest, if such claims are not due at the time of the rendition of decree, but no process shall issue or proceedings be had to enforce a decree for such claims until the same mature. SEC. 27. Amendments to any process, pleadings or pro- Amendments to ceedings in such actions to enforce the liens given by this process, etc. act, either in form or substance, shall be allowed at any time before final decree is rendered, on application of either party, upon such terms and conditions as justice may require; and security for costs may be required as in other chancery cases. The practice in all suits brought to enforce liens Practice, etc. under the provisions of this act shall be the same as in ordinary chancery cases, and the court shall have the same power and jurisdiction over the subject matter and parties to the suit as in other chancery cases, except as herein otherwise expressly provided. And in any case where a decree Appeal, etc. Publication of notice in certain cases, etc. How certain words construed, etc. When act not to apply. Acts repealed. Saving clause. Proviso. or final order shall be made by any circuit court, in chancery, or the judge thereof, under the provisions of this act, either party who may consider himself aggrieved by such order or decree may appeal therefrom to the Supreme Court in the same manner as is provided by law for appeal in ordinary chancery cases; and the powers, duties and jurisdiction of the Supreme Court in relation to such appeal shall be the same as are provided by law in relation to appeals in ordinary chancery cases. SEC. 28. When any defendant resides out of the State, or is absent from the State or concealed therein, or cannot be found by reason of his continued absence from his place of residence, the complainant may cause notice to be given by publication in like manner and upon the same conditions as in ordinary suits in chancery. SEC. 29. For the purposes of this act, the words "owner, part owner or lessee," shall be construed to include all the interest, either legal or equitable, which such person may have in the real estate upon which the improvements contemplated by this act are made, including the interest held by any person under contracts of purchase, whether in writing or otherwise. The word "material-man," as used in this act, shall be construed to include all persons by whom any materials are furnished in or for building, altering, improving, repairing, erecting or ornamenting, or putting in any house, building, machinery, wharf or other structure. The word "laborer" shall be construed to include any mechanic, workman, artisan or laborer, employed in or about any such work as herein before specified. SEC. 30. This act shall not be construed to apply to any contract made or entered into at any time before this act shall take effect. SEC. 31. Act number two hundred and fifty-eight of the session laws of eighteen hundred and seventy-nine, as amended by the several acts amendatory thereof, relative to the liens of mechanics and others, being sections eight thousand three hundred and seventy-seven to eight thousand three hundred and ninety-eight, both inclusive, of the statutes of the State of Michigan as compiled by Andrew Howell, as amended by the several acts amendatory thereof, is hereby repealed, save that the same shall remain in full force and effect so far as to allow proceedings to be taken thereunder upon any contract in existence at the time when this act takes effect: And provided, That all lien suits, actions and proceedings accruing or taken thereunder shall not be affected by the passage of this act, but the same shall be proceeded with and concluded as though this act had not been passed; and save also, that such former laws are not repealed in so far as they repeal any other act or acts, or part or parts thereof. Also act number two hundred and seventy of the session laws of eighteen hundred and eighty-seven, relative to the liens of [ No. 180. ] AN ACT to amend section fifty-six of act number fifty-nine of the laws of eighteen hundred and seventy-one, being section five hundred and fifty-four of Howell's Annotated Statutes, relative to the annual report of prosecuting attorneys to the Attorney General. amended. SECTION 1. The People of the State of Michigan enact, Section That section fifty-six of act number fifty-nine, of the laws of eighteen hundred and seventy-one, being section five hundred and fifty-four of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows: SEC. 56. Each prosecuting attorney shall, on the thirtieth Report of proseday of June and the thirty-first day of December in each cuting attorney. year, make and transmit to the Attorney General a report, setting forth particularly the amount and kind of official business done by him in his county in the preceding six months, the number of persons prosecuted, the crimes and misdemeanors for which prosecutions were had, the result thereof, and the punishment awarded. This act is ordered to take immediate effect. [No. 181.] AN ACT to amend sections one and two of act number one hundred and ninety of the public acts of the year one thousand eight hundred and eighty-three, being an act, entitled "An act to provide for the location, erection, organization and management of an asylum for insane criminals," the same being section one thousand nine hundred forty three a and one thousand nine hundred forty-three b of Howell's Annotated Statutes, volume three. SECTION 1. The People of the State of Michigan enact, Sections That sections one and two of act number one hundred amended. and ninety of the public acts of one thousand eight hundred and eighty-three, being sections nineteen hundred forty-three a and nineteen hundred forty-three b of Howell's Annotated Statutes, volume three, be amended so as to read as follows: Change of name. To be asylum property. Subject to franchise fee. Proviso. Articles must be SEC. 1. The Michigan Asylum for Insane Criminals, shall hereafter be known as be known as the Michigan Asylum for Dangerous and Criminal Insane. SEC. 2. All land and buildings now used by the said asylum shall be asylum property. This act is ordered to take immediate effect. [ No. 182. ] AN ACT to provide for the payment of a franchise fee by corporations. SECTION 1. The People of the State of Michigan enact, That every corporation or association hereafter incorporated by or under any general or special law of this State shall pay to the Secretary of State a franchise fee of one-half of one mill upon each dollar of the authorized capital stock of such corporation or association and a proportionate fee upon any and each such subsequent increase thereof: Provided, That the fee herein provided for shall in no case be less than five dollars. SEC. 2. The Secretary of State shall not receive for filing accompanied by or record the articles of association of any corporation or association unless accompanied by the fee provided for in this act. fee. Disposition of fees. SEC. 3. The fees collected under the provisions of this act shall be paid into the State treasury and placed to the credit of the general fund. This act is ordered to take immediate effect. Description and [ No. 183. ] AN ACT to provide for the registration and identification of criminals, in the penal institutions of this State, by the Bertillon system. SECTION 1. The People of the State of Michigan enact, measurement of That in every prison in this State to which persons convicted of any felonous offense are, or may be committed criminals. History and photograph. by the courts of this State, or of the United States, the warden or other officer in charge shall record, or cause to be recorded, in a record kept for that purpose, a description and measurement, by the Bertillon or such other system as may be deemed proper for the identification of criminals, and also a criminal history of every such person so committed, so far as the same may appear from the records of this State, or of any other state, or otherwise as full and complete as may be obtainable, and may attach thereto a photograph, or photographs, of such person so recorded. be made public SEC. 2. The register herein provided for shall not be Register not to made public, except for the identification of persons except in certain accused of crime, and in their trial for offenses committed cases. after having been imprisoned for a prior offense, and then only upon the order of the judge of the court or of the prosecuting attorney of the county, or the United States attorney of the district, in which the person is being held for a crime; which said order shall be attested by the seal of the court, and such record may be given in evidence upon any trial of an offender against the laws, for the purpose of proving a former conviction, or convictions, and the offense or offenses for which he may have been convicted. SEC. 3. Whenever the prisons of the different states, To whom duplior the department of justice of the United States shall cate furnished. establish an officer for compiling such records as are herein provided for, the warden or other officer in charge shall send to such office when requested, a duplicate of every description and measurement taken. This act is ordered to take immediate effect. [ No. 184. ] AN ACT making an appropriation for the further equipment of the Mining School at Houghton, in the county of Houghton, Michigan. SECTION 1. The People of the State of Michigan enact, Appropriation, That the sum of fifteen thousand dollars be and the same is hereby appropriated from the general fund in the State SEC. 2. Money for payments under this act shall be Moneys, how drawn from the State treasury on requisition by the board drawn, of control, signed by the president and secretary thereof, which shall be presented to the Auditor General, who shall draw his warrants on the State Treasurer therefor. SEC. 3. Said board of control is hereby authorized at any Authority to time during the year eighteen hundred and ninety-one, or draw money, etc. thereafter, to draw from the general fund of the State treasury the amount of money hereby appropriated at such times and in such amounts as they shall deem necessary. |