Vacancies, in board of trustees, how filled. Term. Certificate of recorded, etc. Cox, Charles W. Baldwin, Frank P. Glazier, David D. Erwin, Dempster D. Martin and Edward A. Elliott are hereby constituted and 'continued a body corporate by the name of Albion College, and shall be trustees of said corporation with the classification which now exists in the board of trustees of said Albion College, for the purpose of maintaining and conducting an institution of learning located at the city of Albion in the county of Calhoun in the State of Michigan; and the said Albion College shall be and hereby is vested with all the corporate powers, privileges and rights of the Wesleyan Seminary at Albion and the Albion Female College as heretofore existing, except as hereby changed or altered and with all the corporate property of said previously existing corporations as fully to all intents and purposes as before vested in the said previously existing corporations. SEC. 2. The power to fill vacancies occurring in the board of trustees of said Albion College by death, expiration of term of office, or otherwise, is hereby and hereafter vested in the Michigan Annual Conference of the Methodist Episcopal Church and in the Detroit Annual Conference of the Methodist Episcopal Church and in the Alumni Association of said Albion College, so that each of said annual conferences shall elect two trustees in each and every year and shall fill vacancies occurring in the classification belonging to each of said annual conferences to serve for the unexpired term of the person or persons whose places he or they may be elected to fill. Each of said trustees elected for a regular term shall hold his office for the term of three years and until his successor shall be elected. The election in said annual conference shall be by ballot. Each trustee so elected election, where shall receive a certificate of his election from the secretary of the annual conference by which he is elected, and such certificate shall be recorded in the office of the county clerk in the county of Calhoun, State of Michigan. The Alumni Association of said Albion College shall, at its annual meeting in June of each year, elect by such method as the association shall from time to time direct, except as hereinafter provided, one trustee whose election shall be certified by a certificate signed by the secretary of said association, and such certificate shall be recorded as above in the office of the county clerk in the county of Calhoun, State of Michigan. Trustees so elected shall serve for a regular term of three years and said association may elect, for the purpose of filling vacancies, trustees who shall serve for the unexpired term of the vacancy so filled. If any person so elected as a trustee shall be a graduate of said college, in order to be eligible to said office, he shall have graduated at least five years previous to the time of entering upon his said office, and no person graduating from said college shall be qualified to vote at any election of trustees by said alumni until the Election of trustee by Alumni Association. Eligibility of graduates. year following his graduation, and it shall be understood that no member of the Alumni Association is eligible to vote in the election of said trustees except graduates of the College of Liberal Arts. tees. confer. SEC. 3. The said trustees shall have power to make by- Power of truslaws for their own government and for the government of the institution; to elect or appoint the faculty or board of instruction of said college; to prescribe the course of study; to attend the examinations of the classes; to regulate the government and instruction of students and manage the affairs of said corporation in such manner as they think best calculated to promote and carry out the objects contemplated in this act. They shall have power to confer the Degrees may bachelor's degree upon such persons as shall have completed satisfactorily to the faculty and said trustees the course of study prescribed. They shall have power to confer the master's degree on such graduates of Albion College or of other institutions of similar grade as they shall judge worthy, and they shall have power, also, to confer such honorary degrees as are usually conferred by colleges and universities and shall have all other powers and privileges belonging to colleges according to the laws of this State: Provided always, That the course of study for graduation Proviso. shall be equal to that which is required in the University of Michigan. SEC. 4. The president of said Albion College shall be President of college, elecelected by the board of trustees and by virtue of his office tion of, memof president shall be a member of said board of trustees with ber of board. all the powers and privileges of a trustee, so that the whole. number of trustees of said college as herein provided shall be sixteen and no more, except as herein provided. A majority of the trustees shall constitute a quorum for the transaction of business. gifts, have SEC. 5. The said corporation shall be capable of suing May receive and being sued and receiving by gift, will or bequest, property, seal, etc. real and personal, and of holding and conveying the same. The said corporation shall have power to make and use a common seal, and to alter the same at pleasure. to be vitiated SEC. 6. This act shall be and hereby is declared to be a pub- Provisions not lic act; no non-user of any of the privileges hereby granted by irregularito the said corporation shall create or produce a forfeiture of ties. the same and no misnomer of said corporation in any deed, will, testament, gift, grant, demise or other instrument, contract or conveyance shall defeat or vitiate the same, provided that the corporation be sufficiently described to ascertain the intent. SEC. 7. When the total number of persons who have grad- When may inuated from Albion College with the bachelor's degree shall crease trustees. have reached eight hundred, the Alumni Association of said Albion College shall be empowered to elect four trustees instead of three and to keep that number of representatives in 1 Visitors, who may appoint. Report of board. Endowment Fund Commit terms, etc. the board of trustees as provided in section two of this act; when the entire number of graduates with the bachelor's degree shall have reached nine hundred, said Alumni Association may, as hereinbefore provided, elect and maintain five representatives in said board of trustees, and when the total number of graduates with the bachelor's degree shall have reached one thousand, then and thereafter said Alumni Association shall be empowered to elect and maintain six trustees, as provided in section two, making the total number of trustees, including the president of the college, nineteen, and no more. SEC. 8. The Michigan and Detroit Annual Conferences of the Methodist Episcopal Church and the Alumni Association of Albion College shall have the power to appoint visitors to said college, and the Superintendent of Public Instruction for the State may appoint three visitors annually; the board of trustees shall make a full report of the state and condition of said college to the Michigan and Detroit Annual Conferences of the Methodist Episcopal Church and to the Alumni Association at each annual session, and to the Superintendent of Public Instruction of the State, who shall incorporate the same in his annual report or so much thereof as he may deem proper. SEC. 9. A committee is hereby constituted and continued, tee, members, to be known as the Albion College Endowment Fund Committee, to consist of three persons who shall be chosen or elected by the board of trustees of Albion College, each of whom shall serve for a period of six years from and after the first day of January immediately succeeding the date of his election as a member of said Albion College Endowment Fund Committee, except as provided in section ten hereof. Compensation. The members of said committee may receive such reasonable compensation for their services as said board of trustees shall allow; all vacancies occurring in said committee shall be filled by said board of trustees. Said committee shall appoint one of their own number treasurer, with power and authority to execute and acknowledge discharges of all liens, mortgages or other securities held by said committee whenever the same shall have been paid in full, and said treasurer shall give to the board of trustees of Albion College a good and sufficient bond to be approved by said board of trustees. Treasurer, power, bond, etc. Present mem- SEC. 10. The members of said Albion College Endowment Fund Committee as now constituted shall be and are hereby continued, that is to say: The committee shall consist of Samuel Dickie, of Albion, Michigan, whose term of office as a member of said committee shall terminate January first, nineteen hundred ten; Clement Smith, of Hastings, Michigan, whose term of office shall terminate January first, nineteen hundred twelve, and William H. Brace, of Detroit, Michigan, whose term of office shall terminate January first, nineteen hundred fourteen. Committee as SEC. 11. It shall be the duty of said committee to receive Duty, etc., of all moneys and other property, real and personal, that may to moneys. be subscribed, collected, donated, devised or bequeathed for the purpose of increasing the endowment fund of said Albion College and to invest the same in such manner as the committee shall deem best, having due regard to the security of the investment as well as to the income derived therefrom, it being intended hereby to charge said committee with the sole management and control of said endowment fund in trust for said Albion College. SEC. 12. It shall be the duty of said committee to report Report. to the board of trustees, semi-annually and at such other times as said board may require, the amount and condition of said fund and the amount of interest which shall have accrued on the same, and to pay over semi-annually the interest so accruing to the said board of trustees, the same to be paid to the treasurer of the board of trustees of Albion College. SEC. 13. All acts and parts of acts inconsistent with the Repealing provisions of this act are hereby repealed. This act is ordered to take immediate effect. clause. [No. 80.] AN ACT to amend section twenty-five of chapter two hundred forty-eight of the Compiled Laws of eighteen hundred ninety-seven, entitled "Wills of real and personal estate," being compiler's section nine thousand two hundred eighty-five. The People of the State of Michigan enact: amended. SECTION 1. Section twenty-five of chapter two hundred Section forty-eight of the Compiled Laws of eighteen hundred ninetyseven, entitled "Wills of real and personal estate," being compilers' section nine thousand two hundred eighty-five, is hereby amended to read as follows: after making SEC. 25. When any child shall be born after the making Provision for of his father's or his mother's will and no provision shall be children born made therein for such child, he or she shall have the same of will. share in the estate of the testator as if the parent had died intestate. And the share of such child shall be assigned to him as provided by law in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child. Approved May 8, 1907. Unlawful to defraud boarding [No. 81.] AN ACT for the protection of boarding house keepers. The People of the State of Michigan enact: SECTION 1. Any person who shall stop, put up, board or lodge at any boarding house as a guest or boarder by the day, house keepers. week or month, or shall procure any food, entertainment or accommodation without paying therefor, unless there is a distinct and express agreement made by such person with the owner, proprietor or keeper of such boarding house for credit, with intent to defraud such owner, proprietor or keeper out of the pay for such board, lodging, food, entertainment or accommodation, or any person who, with intent so to defraud, shall obtain credit at any boarding house for such board, lodging, food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding thirty days or by fine not exceeding one hundred dollars, or by both such fine and imprisonment in the discretion of the court. Penalty. What deemed prima facie evidence. SEC. 2. Proof that board, lodging, food, entertainment or accommodation was obtained by false pretense or by false or fictitious show or pretense of baggage, or that the person refused or neglected to pay for such board, lodging, food, entertainment or accommodation on demand, or that he absconded or left the premises without paying or offering to pay for such board, lodging, food, entertainment or accommodation, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie proof of the fraudulent intent mentioned in section one of this act. This act is ordered to take immediate effect. |