[No. 51.] AN ACT to license and regulate the business of transient merchants, to provide penalties for the violation of this act, and to repeal certain inconsistent acts. The People of the State of Michigan enact: defined. SECTION 1. The term "transient merchant" as used in this "Transient act shall mean any person, firm, association or corporation merchant" engaging temporarily in a retail sale of goods, wares or merchandise, in any place in this state and who, for the purpose of conducting such business, occupies any lot, building, room or structure of any kind. Such term shall not be construed to apply to any person selling goods, wares or merchandise of any description raised, produced, or manufactured by the individual offering the same for sale nor to persons handling vegetables, fruits or perishable farm products at any established city or village market, or parties operating stores or refreshment stands at resorts or having booths on or adjacent to the property owned or occupied by them, nor to any stands. on any fair-grounds. The word "person" as used in this act shall include any "Person" corporation, or partnership, or two or more persons having a defined. joint or common interest. SEC. 2. It shall be unlawful for any person, either as License. principal or agent, to engage in business as a transient merchant in the state of Michigan without having first obtained a license in the manner herein provided. what to contain. SEC. 3. Any person desiring to engage in such business Application, shall make and file with the county treasurer of the county in which he intends to do business, a written application stating the applicant's name, residence, place where he intends to do business and kind of business. If said applicant is acting as agent for another person, he shall cause to be filed with such county treasurer a power of attorney appointing said county treasurer the agent of said principal on whom service of process may be made in any suit commenced against him. Said applicant shall at the same time deposit To file with said county treasurer, or file a surety company bond in bond. a like amount, the sum of five hundred dollars and pay to him the further sum of twenty-five dollars as a license fee, whereupon said county treasurer shall issue to said applicant a license as herein provided if satisfied that the business to be conducted by such merchant is not intended to cheat or defraud the public, which license shall expire on December thirty-first following the date of issue. claims. SEC. 4. Deposits made with such county treasurer as re- Deposits subquired by the preceding section shall be subject to claims Ject to of creditors and claims for local license fees on behalf of any city, village or township in all cases where a judgment has been obtained against such transient merchant in any court When license void. Who prima facie transient merchant. Penalty. Municipal regulation. Acts repealed. Saving clause. in this state and the time for appealing such judgment has expired. In such cases garnishment proceedings may be commenced in such court against said county treasurer. It shall thereupon be the duty of the county treasurer to remit to any such court any balance of said cash deposit remaining in his hands not exceeding the amount of said judgment, for the purpose of satisfying the same. Any balance of said cash deposit remaining in the hands of the county treasurer four months after the expiration of said license shall be remitted to said transient merchant, provided, if, at such date, the county treasurer shall have received notice of any suit then pending against said transient merchant, said deposit shall not be returned until sixty days after the termination of such suit. SEC. 5. Any such license shall be void as soon as the deposit made with the county treasurer as provided in section three hereof shall have been exhausted because of garnishment suits as mentioned in the preceding section. Such county treasurer may revoke any license issued by him hereunder, for good cause shown, after giving the licensee reasonable notice and opportunity to be heard. SEC. 6. Transaction of business as defined in section one of this act by any person for a period of less than six months consecutively shall be prima facie evidence that such person was a transient merchant within the intent and meaning hereof. SEC. 7. Any violation of this act shall be a misdemeanor and any person upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment in the discretion of the court. SEC. 8. Nothing in this act contained shall interfere with the licensing or regulation of said business by any municipality, township, or county in this state not inconsistent with the provisions hereof. SEC. 9. Act number one hundred ninety-one of the public acts of nineteen hundred one, the same being sections six thousand nine hundred eighty-four to seven thousand, inclusive, of the compiled laws of Michigan of nineteen hundred fifteen, and act number two hundred ninety-four of the public acts of nineteen hundred thirteen, the same being sections seven thousand one to seven thousand nine, inclusive, of the compiled laws of Michigan of nineteen hundred fifteen, as amended by act number three hundred eighty-three of the public acts of nineteen hundred twenty-one, are hereby repealed. SEC. 10. This act is declared to be severable and if any section, sentence, or clause thereof shall be held to be unconstitutional for any reason by any court of competent jurisdiction it shall not affect the validity of the balance of the act. Approved April 16, 1925. [No. 52.] AN ACT to amend section ten of chapter two of act number two hundred eighty-three of the public acts of nineteen hundred nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," being section four thousand three hundred twenty-seven of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred thirty-two of the public acts of nineteen hundred seventeen. The People of the State of Michigan enact: SECTION 1. Section ten of chapter two of act number two Section hundred eighty-three of the public acts of nineteen hundred amended. nine, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this state and providing for the election and defining the powers, duties and compensation of state, county, township and district highway officials," being section four thou sand three hundred twenty-seven of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred thirty-two of the public acts of nineteen hundred seventeen, is hereby amended to read as follows: fund, how SEC. 10. The highway improvement fund shall be expended Highway by the township highway commissioner, under the direction improvement of the township board, in laying out, building and perma- expended. nently improving or repairing highways and bridges and in the employment of labor, purchasing of materials, tools or machinery to be used therefor. The commissioner of highways, under the direction of the township board, may contract for such tools or road machinery as they may deem advisable, to be paid for in not to exceed four years' time, but in no one year shall the payment made thereon exceed onefourth the amount of the allowable highway improvement tax: Provided, That one-half of that portion of the township Proviso. highway improvement fund tax which is assessed and collected within any incorporated village, or part thereof, shall annually be expended within the village where collected by the common council of such village, for building, permanently improving or repairing of the highways and bridges now in use in such village; and the township board shall collect and turn over to such village all state award moneys that may be due or owing on account of such building, permanently improving or repairing the highways within the village in accordance herewith. Approved April 16, 1925. Section amended. Apportionment [No. 53.] AN ACT to amend section four of chapter one of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act", being section five thousand six hundred forty-four of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section four of chapter one of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act", being section five thousand six hundred forty-four of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 4. He shall in the year nineteen hundred twenty-six of primary and annually thereafter on receiving notice from the auditor school fund. general of the amounts thereof and between the fifth and fifteenth days of July apportion ninety-five per centum of the primary school interest fund among the several townships and cities of the state in proportion to the number of children in each between the ages of five and twenty years as the same shall appear by the reports of the several township clerks and school districts made to him for the school year closing in July of the preceding year; and the remaining five per centum shall be apportioned among all school districts which have an average school membership in excess of the average for the whole state for each one hundred thousand dollars of equalized valuation in a manner such that the amount apportioned to each school district for each school census child shall be in direct proportion to the number by which the average school membership of the district exceeds the average for the whole state for each one hundred thousand dollars of equalized valuation. In computing the average school membership for each one hundred thousand dollars of valuation, whether for the state or any school district, the nearest whole number shall be used; except that when the average school membership for each one hundred thousand dollars of valuation is equally distant from two whole numbers, the next higher whole number shall be used for the purposes of this section. sidered Any child between the ages of five and twenty years resi- Who condent of the district shall be considered a member of said dis- members. trict under the provisions of this section from the day he enters a day school, as provided by law, whether public, private, denominational or parochial, until the close of the school year, unless he has died, attained the age of twenty years, or has left such school in accordance with the provisions of law or the rules and regulations prescribed by the superintendent of public instruction. The average school membership of any school district shall be determined by dividing the total number of days' membership in the entire school year of all school members resident within the school district, by the number of days actually taught. of district. The valuation of any whole school district shall be the total Valuation assessed value of the property contained therein as fixed by the township or city board of review, which in turn shall be proportionately increased or decreased to the basis of the valuation of the township or city containing said district as fixed by the county board of equalization and the result in turn proportionately increased or decreased to the basis of the valuation of the county containing said district as last fixed by the state board of equalization. The valuation of a fractional school district shall be the Fractional sum of the valuations of the fractions thereof, each of which districts. shall be computed the same as a whole school district. The valuation of the state, for the purposes of this section, State. shall be the equalized value as determined by the state board of equalization. ment, when Any school district receiving an apportionment of five per Apportioncentum of the primary school interest fund, as herein pro-mited. vided, shall be limited to an amount of such apportionment, which, together with its general apportionment of the primary school interest fund, shall not exceed the total cost of teachers' wages, plus tuition paid to other school districts within the state. The apportionment to school districts of five per centum of Basis. the primary school interest fund shall be made on the census and membership of the school year closing in July of the preceding year and on the valuation of each school district as computed in the manner heretofore described from the assessed valuations as shall appear on the assessment roll of any township or city of said county, filed in the office of the county treasurer on or after the first day of March of the year in which the school census is taken. treasurer. The county treasurer of each county shall furnish the super Duty of intendent of public instruction, on or before July first follow- county ing the receipt of said assessment rolls, a statement of the assessed valuation of each school district and fraction of a |