etc.

have power to administer oaths, certify to official acts, issue subpoenas, or compel the attendance of witnesses and the production of books, papers, contracts, deeds, accounts, documents and testimony. In case of disobedience on the part of any person or persons to comply with any order of the commission or any commissioner or any subpoena or upon the refusal of any witness to testify regarding any matter upon which he may be lawfully interrogated or to produce any books or papers in his custody or control which he shall have been required by any commissioner to produce, it shall be the duty of the circuit court of any county or a judge thereof upon application of a commissioner to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of the subpoena Witness fees, issued from such court or a refusal to testify therein. Each witness who shall appear before the commission or any commissioner by its or his order shall receive for his attendance the fees and mileage now provided by law for witnesses in civil cases in the circuit courts which shall be audited and paid by the State from the fund hereby appropriated in the same manner as other expenses are audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairman of the commission. Any subpoena issued by the commission or by any commissioner under the provisions of this act may be directed to the sheriff of any county in this State and may be served in any part of the State. The officer serving such subpoena shall be entitled to the same fees and mileage as are allowed by law to sheriffs for serving subpoenas in civil cases in circuit courts, such fees to be audited and paid in the same manner as is herein provided for the payment of the fees and mileage of witnesses.

Subpoena,

service of.

Experts, employment of.

SEC. 4. In addition to the clerical assistance to the Board of State Tax Commissioners provided for by law, the Board of State Tax Commissioners may with the consent of the Governor and Board of State Auditors employ such expert and clerical assistants as may be necessary to carry out the proCompensation. visions of this act. The compensation of said expert assistants and all other necessary expenses incurred in carrying out the provisions of this act shall be allowed by the Board of State Auditors on proper vouchers approved by the Board of State Tax Commissioners or any member thereof and the secretary of said board, and paid by the State Treasurer out of the moneys hereinafter appropriated therefor.

Appropriation.

Tax clause.

SEC. 5. The sum of thirty thousand dollars is hereby appropriated from any moneys in the State treasury not otherwise appropriated for the purpose of carrying out the provisions of this act, which moneys, so appropriated, are to be expended as herein provided.

SEC. 6. The Auditor General of the State of Michigan shall add to and incorporate in the State tax for the year nineteen hundred eleven the sum of thirty thousand dollars

to be apportioned, assessed, levied and collected, which sum, when collected, shall be credited to the general fund to reimburse said fund for the amount appropriated by this act. SEC. 7. In addition to the forfeitures or penalties pro- Penalties. vided for by this act it shall be unlawful for any person or corporation to refuse or neglect to comply with any lawful order made by the Board of State Tax Commissioners or any member thereof under and pursuant to the provisions of this act and for each such offense the person or corporation so offending shall be guilty of a misdemeanor and upon conviction thereof be subject to a fine not to exceed five hundred dollars for each offense in the discretion of the court, and if the convicted party be a natural person he shall be punished by imprisonment in the county jail for a period of not to exceed three months or both such fine and imprisonment in the discretion of the court.

SEC. 8. It is hereby declared that the performance of the powers and duties herein conferred upon the Board of State Tax Commissioners or any member thereof and the carrying out of the provisions of this act are immediately necessary for the preservation of the public peace and safety. This act is ordered to take immediate effect. Approved April 25, 1911.

[No. 115.]

AN ACT making appropriations for the State Tuberculosis Sanatorium for current expenses and for building and special purposes for the fiscal years ending June thirty, nineteen hundred twelve, and June thirty, nineteen hundred thirteen, and to provide a tax to meet the same.

The People of the State of Michigan eñact:

SECTION 1. There is hereby appropriated for current ex- Current penses for the State Tuberculosis Sanatorium for the fiscal expenses. year ending June thirty, nineteen hundred twelve, the sum of fifteen thousand six hundred eighty-four dollars, and for the fiscal year ending June thirty, nineteen hundred thirteen, the sum of seventeen thousand eight hundred seventy-six dollars.

SEC. 2. The further sum of thirty-one thousand two hun- Special dred fifty-five dollars is hereby appropriated for the fiscal purposes. year ending June thirty, nineteen hundred twelve, for purposes and in amounts as follows: For constructing and furnishing one infirmary wing, thirteen thousand dollars; kitchen extension, seven thousand dollars; milk house, and to build two silos, two thousand dollars; horse and harnesses, three hundred fifty dollars; farm implements, five hundred

Proviso, transfer of surplus.

How paid out.

Tax clause.

fifty-five dollars; new filter bed, one thousand dollars; drain across Mr. Drew's farm, one thousand three hundred dollars; new hot water heater, three hundred dollars; porches and ventilators for shacks, seven hundred fifty dollars; telephone installation, two hundred dollars; grading and new roads, one thousand dollars; sidewalks, five hundred dollars; incinerator, one thousand two hundred dollars; building porch and remodeling superintendent's quarters, one thousand dollars; office furnishings, two hundred dollars; special printing, two hundred dollars; purchasing of piano, three hundred fifty dollars; furnishings for help's dining room, two hundred and fifty dollars; and for fire protection, one hundred dollars: Provided, That if the amount designated in this section for any one of the purposes stated be insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General in writing before any expense in excess of the specific appropriation is incurred, be used in the account or accounts where such deficiency seems unavoidable, the intent of this proviso being to make the entire thirty-one thousand two hundred fiftyfive dollars available for the purposes stated herein if in the judgment of the State Board of Corrections and Charities and Auditor General it is deemed advisable to make the transfers for which provision is hereby made.

SEC. 3. The several sums appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the State Tuberculosis Sanatorium at such time and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder.

SEC. 4. The Auditor General shall incorporate in the State tax for the year nineteen hundred eleven the sum of forty-six thousand nine hundred thirty-nine dollars, and for the year nineteen hundred twelve the sum of seventeen thousand eight hundred seventy-six dollars, which, 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.
Approved April 25, 1911.

[No. 116.]

AN ACT to establish a lien upon grain, seed and other products for threshing or hulling the same, to provide the manner of enforcing such lien, and prescribing a penalty for the selling, secreting or otherwise disposing of property subject to such lien.

The People of the State of Michigan enact:

threshing,

SECTION 1. Any owner, part owner or lessee of a thresh- Lien for ing machine, huller or other similar machine who shall thresh etc. or hull any grain, corn, beans, peas or other vegetable produce for another, shall, upon the filing of the statement herein provided, have a lien for the value of such services, or in case there is an agreed price, then for such agreed price upon the grain or other product so threshed or hulled, said lien to commence from the time of filing notice and making demand as hereinafter provided. Such lien shall not attach in any case where the grain which may have been threshed, hulled or husked, shall have passed into the hands of an innocent purchaser or dealer in the usual course of trade.

filed with

SEC. 2. Any person or persons entitled to a lien under Statement this act shall, within ten days after the threshing is com- township pleted, file in the office of the township clerk of the town- clerks. ship in which the grain or seed was grown, or threshing or hulling done, a statement in writing verified by oath, stating the name of the person claiming the lien, the amount, quantity and kind of grain, seed or product threshed or hulled, the amount due claimant for said services as near as may be, over and above all legal set-offs, the name of the person for whom the threshing was done, and a description of the land upon which the grain or seed was grown or threshing or hulling done; such description shall be deemed sufficient if it properly identifies the premises by the name of the owner or occupant, or other description which accurately and clearly identifies the location of the property upon which such lien is claimed: Provided, That such lien shall be Proviso, deemed to have been waived by the person entitled thereto windin unless such statement shall be filed within the period of ten days as aforesaid.

waived.

Township

SEC. 3. It shall be the duty of the township clerk, upon orduty of. presentation of such statement and notice of lien, to file the same in his office in the same manner as provided by law for the filing and recording of chattel mortgages; and he shall be entitled to charge and receive from the person filing such statement and notice a fee of twenty-five cents and

no more.

of lien.

SEC. 4. A copy of any such statement and notice of lien Enforcement as aforesaid, certified by the township clerk, shall be received in evidence in any proceeding taken to enforce the

Suit, how commenced.

Judgment.

Attachment.

Execution.

Proviso.

Misdemeanor, penalty.

lien herein provided for, but only of the fact that such statement and notice of lien was received and filed according to the endorsement of the township clerk thereon, and of no other fact.

SEC. 5. The person having such lien may commence a suit for the recovery of such charges, by summons in the usual form, before any justice of the peace of the city or township in which he resides against the person liable for the payment thereof.

SEC. 6. If such summons be returned personally served upon the defendant, the same proceedings shall be had, in all respects, as in other suits commenced by summons, in which there is a personal service of process, and judgment shall be rendered in such suit in like manner.

SEC. 7. If the officer return upon such summons, that the defendant cannot be found within his county, the same proceeding shall be thereupon had, in all respects, as near as may be, as in suits commenced by attachment, in which there is not a personal service of a copy of the attachment upon the defendant, and judgment shall be rendered in such suit in like manner.

SEC. 8. If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect, as upon judgments rendered in suits commenced by attachment, and the property upon which the plaintiff holds such lien, or so much thereof as shall be sufficient to satisfy such execution, may be sold thereon in the same manner as if it had been seized and held upon an attachment in such suit: Provided, That the provisions of this act shall apply only to the parties to the contract.

SEC. 9. Any person who shall thereafter upon demand, refuse to pay the amount due for such threshing or hulling, and who shall sell, secrete, or dispose of the property covered by or subject to such lien, without the written consent of the owner or owners of said lien, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment in the discretion of the court. Approved April 25, 1911.