[No. 163.] AN ACT to amend sections ten, eleven, twelve, thirteen and sixteen of chapter eighty-one of the Revised Statutes of eighteen hundred forty-six, entitled "Fraudulent conveyances and contracts relative to personal property," being sections nine thousand five hundred twenty-three, nine thousand five hundred twenty-four, nine thousand five hundred twenty-five, nine thousand five hundred twenty-six and nine thousand five hundred twenty-nine of the Compiled Laws of eighteen hundred ninety-seven, said section nine thousand five hundred twenty-three being last amended by act number three hundred thirty-two of the Public Acts of nineteen hundred seven. The People of the State of Michigan enact: amended. SECTION 1. Sections ten, eleven, twelve, thirteen and six- Sections teen of chapter eighty-one of the Revised Statutes of eighteen hundred forty-six, entitled "Fraudulent conveyances and contracts relative to personal property," being sections nine thousand five hundred twenty-six and nine thousand five hundred twenty-four, nine thousand five hundred twenty-five, nine thousand five hundred twenty-six and nine thousand five hundred twenty-nine of the Compiled Laws of eighteen hundred ninetyseven, said section nine thousand five hundred twenty-three being last amended by act number three hundred thirty-two of the Public Acts of nineteen hundred seven, are hereby amended to read as follows: mortgage, SEC. 10. Every mortgage or conveyance intended to operate Chattel as a mortgage of goods and chattels which shall hereafter where filed. be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage or a true conv thereof shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the goods or chattels are located, and also where the mortgagor resides, except when the mortgagor is a non- Non-resident resident of the State, when the mortgage or a true copy thereof shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is. And Affidavit of unless the mortgagor named in such mortgage or conveyance intended to operate as a mortgage, or some person for him having knowledge of the facts shall, before the filing of the same, make and annex thereto an affidavit setting forth that the consideration of said instrument was actual and adequate, and that the same was given in good faith for the purposes in such instrument set forth. No officer shall receive. of state. good faith. False statement. Proviso, public utility corporations. such instrument or file the same in his office until such affidavit is made and annexed thereto. Every person who shall knowingly make any false statement in any such affidavit, upon conviction thereof shall be deemed guilty of the crime of perjury: Provided, That in case of corporations engaged in transporting passengers or freight, or conveying electricity or gas or telephonic or telegraphic communications, all that is or shall be required is the filing of the copy of such mortgage with the register of deeds of each county through which the lines or property thereof passes, and such mortgages shall not require any affidavit of renewal: Provided further, That when such mortgage or other conveyance intended to operate as a mortgage is given upon a stock of merchandise or merchandise and fixtures or any part thereof purchased for resale at retail then such instrument or a true copy thereof, and of the affidavit thereto attached shall also be filed in the office of the register of deeds of the county with register. where the goods and chattels are located. Further proviso, merchandise, etc. To be filed Duty of officer to file. Entry of names in book. When mortgage to cease. Affidavit of renewal. Proviso, affidavit before purchase. Officers' fees. SEC. 11. It shall be the duty of the register of deeds and township or city clerk upon the presentation of any such instrument or copy for that purpose, and the payment of his fees, to endorse thereon the time of receiving the same, and to deposit such instrument or copy in his office, to be kept for the inspection of all persons interested. SEC. 12. Such register of deeds and township or city clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of the mortgagors alphabetically, and shall note therein the time of filing each instrument or copy. SEC. 13. Every such mortgage shall cease to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing of the same, or a copy thereof, unless within thirty days next preceding the expiration of the year, the mortgagee, his agent or attorney shall make and annex to the instrument or copy on file as aforesaid, an affidavit setting forth the interest which the mortgagee has by virtue of said mortgage in the property therein mentioned, upon which affidavit the register of deeds and township or city clerk shall endorse the time when the same was filed: Provided, That such affidavit being made and filed before any purchase of such mortgaged property shall be made, or other mortgage received or lien obtained thereon in good faith, shall be as valid to continue in effect such mortgage, as if the same were made and filed within the period as above provided. SEC. 16. The register of deeds, township and city clerks shall be entitled to receive the following fees for services under the provisions of this chapter: For filing each instrument, copy or affidavit, six cents; for entering the same in a book, six cents for each party to such instrument; for searching for each paper, six cents, and the like fees for certified copies of such instruments, copies or affidavits as are allowed by law for copies of records kept by registers of deeds. Approved May 7, 1915. [No. 164.] AN ACT to provide for the establishment of a branch bacteriological laboratory in the upper peninsula of the State and authorizing the employment of a bacteriologist to take charge thereof; to authorize the purchase of the necessary appliances and apparatus for such laboratory, and providing an appropriation therefor. The People of the State of Michigan enact: branch analysis. SECTION 1. The State Board of Health is hereby author- Establishized and empowered to establish a branch bacteriological ment of laboratory in the upper peninsula of the State, and to em- laboratory. ploy a competent bacteriologist to take charge of such laboratory, whose duties shall be such as are or may be defined by law or defined by the State Board of Health, and shall be performed in connection with the department of the State Board of Health. The same fees shall be paid for examina- Fees for tions and analysis made by this said bacteriologist as are required by act one hundred nine of the Public Acts of nineteen hundred seven, as amended from time to time. SEC. 2. The salary of the person appointed bacteriologist Salary fixed under this act shall be fixed by the State Board of Health, but shall not exceed the salary paid to the bacteriologist appointed under the provision of act one hundred nine of the Public Acts of nineteen hundred seven. Such salary shall How paid. be paid in the same manner as other employes of the State Board of Health are paid, and all fees paid or received by the said bacteriologist shall be immediately forwarded to the Disposition secretary of the State Board of Health at Lansing to be by him covered into the State treasury to the general bacteriological fund of the State as provided in section three of act one hundred nine of the Public Acts of nineteen hundred seven. by board. of fees. etc. SEC. 3. The State Board of Health is hereby authorized to Purchase of purchase any and all such apparatus and appliances as shall apparatus, be necessary to equip the branch laboratory authorized in this act: Provided, That the amount paid as salary to the bac- Proviso, teriologist and expended for the apparatus and appliances in limit of exany one year shall not exceed the amount of the yearly appropriation provided for in this act. The State Board of Health Selection of shall select and designate a central point in the Upper Penin- location. sula for the location of said laboratory. In all matters not penditures. herein otherwise expressly provided for, the said branch laborAct to govern. atory shall be governed by the provisions of act one hundred nine of the Public Acts of nineteen hundred seven, as amended from time to time. Appropriation. How paid. Tax clause. SEC. 4. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of any moneys in the State treasury not otherwise appropriated for the fiscal year ending June thirty, nineteen hundred sixteen, the sum of six thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seventeen, and annually thereafter, the sum of four thousand dollars, which amounts shall be paid to the State Board of Health in the manner now provided by the general accounting laws of the State. SEC. 5. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred fifteen, the sum of six thousand dollars, and for the year nineteen hundred sixteen, and annually thereafter, the sum of four thousand dollars, which amounts when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. Appropriation for books. Appropriation for traveling libraries. Printing and binding. [No. 165.] AN ACT to provide for the purchase of books for the Michigan State Library, and books and equipment for the Michigan traveling libraries, and for printing and binding, making an appropriation therefor, and providing a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the purchase of books for the State Library for the fiscal year ending June thirty, nineteen hundred sixteen, the sum of five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seventeen, the sum of five thousand dollars. SEC. 2. There is hereby appropriated for the purchase of books and equipment for the Michigan traveling libraries for the fiscal year ending June thirty, nineteen hundred sixteen, the sum of five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred seventeen, the sum of five thousand dollars. SEC. 3. The printing and binding necessary to carry on the work of the State Library and traveling libraries shall be furnished by the Board of State Auditors and paid for out of the general fund as other State printing is paid for. SEC. 4. The several sums appropriated by the provisions How paid out. of this act shall be paid out of the general fund of the State treasury to the State Librarian, at such times and in such amounts as the general accounting laws of the State shall prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 5. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred fifteen, the sum of ten thousand dollars, and for the year nineteen hundred sixteen, the sum of ten thousand 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. [No. 166.] AN ACT to provide for a deficiency appropriation for the Michigan School for the Deaf, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. The sum of seven thousand five hundred dol- Amount lars is hereby appropriated to the Michigan School for the appropriated. Deaf at Flint, to meet the deficiency in appropriation for current expenses for the fiscal year ending June thirty, nine teen hundred fifteen. SEC. 2. The sum appropriated by the provisions of this How paid out. act shall be paid out of the general fund of the State treasury to the treasurer of the Michigan School for the Deaf, at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall add to and incorporate Tax clause. in the State tax for the year nineteen hundred fifteen the sum of seven thousand five 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. |