[No. 86.]

AN ACT to provide for the organization of mutual insurance companies to do a general automobile insurance business; to prescribe their powers and duties and to regulate the same.

The People of the State of Michigan enact:

incorporators.

SECTION 1. Any number of persons not less than fifteen Number of may associate together and form an incorporated company for the purpose of writing mutual insurance upon automobiles, covering in one policy fire, theft, property damaged, liability and collision insurance, together with any other proper form of automobile insurance which may be approved on application to the Insurance Commissioner.

SEC. 2. The persons so associating shall subscribe articles Articles of of association, which shall contain:

association.

The names of the incorporators and their places of Contents.

(a) residence;

(b) The name by which the corporation shall be known, which shall not be the same as, or too closely resembling the name of any other corporation organized under the laws of this State, or doing business in this State;

(c) The place where its principal office for the transaction of its business is to be established, and the period for which it is to be incorporated, which period shall not exceed thirty years;

(d) The purpose of the corporation as mentioned in the first section of this act;

(e) The manner in which the incorporated powers are to be exercised, also, date of annual meeting; the number of directors and other officers, the manner of electing the same, and how many of the directors shall constitute a quorum, and the manner of filling vacancies, and the manner by which the assessment shall be levied and collected.

of purpose.

SEC. 3. Such persons so associating shall file in the office Statement of Commissioner of Insurance, a statement signed by all of the incorporators, stating their purpose of forming a company for the transaction of business of insurance, which statement shall also comprise a copy of the charter proposed to be adopted by them.

of charter.

SEC. 4. The charter thus to be filed by the corporation Examination shall be examined by the Attorney General, and if found to be in accordance with the requirements of this act, he shall certify the same to the Commissioner of Insurance, and said Certification. commissioner may appoint three disinterested persons, who shall be residents of this State, who shall certify under oath, that said corporation has received and is in actual possession of the premiums or engagements of insurance, as the case may be, to the full extent required in this act:

Proviso, examination by commissioner. Certificate, where filed.

Opening books.

When to commence business.

Articles, what to provide.

Proviso, damage by collision.

Accumulation of surplus.

Amendment of charter.

Notice.

Provided, however, That the Commissioner of Insurance may make such examination personally or by his deputy. Copies of such certificate shall be filed in the office of the Commissioner of Insurance, whose duty it shall then be to furnish such corporation with a certified copy of the charter and certificate aforesaid, which shall be its authority to commence business and issue policies, and the same may be used for or against such corporation.

SEC. 5. The persons so associating, after having filed the statement mentioned in section three, may open books to receive propositions and enter into agreements in the manner hereinafter specified, but no company organized under this act shall commence business until bona fide agreements have been entered into for insurance with at least two hundred individuals covering insurance upon two hundred automobiles of a valuation of one hundred fifty thousand dollars. SEC. 6. Any company incorporated under this act shall provide in its articles of incorporation, that no policy holder shall recover under his policy of insurance over one thousand dollars until the membership reaches five hundred, and not over two thousand dollars when the membership is over five hundred and less than one thousand; and after the membership reaches. one thousand, the amount that any member can recover under any policy shall be limited to five thousand dollars: Provided, That no company shall insure any person against damage to his own car on account of collision until the membership reaches one thousand.

SEC. 7. Any company incorporated under this act, shall have the right to provide in its articles of incorporation, for the collection at each assessment not exceeding fifty cents per h. p. on each automobile insured, for the purpose of accumulating a surplus in addition to such assessments as are necessary for the payment of current losses and expenses, until such time as the accumulated surplus of the company shall equal one dollar per h. p. on each automobile insured.

SEC. 8. Any company incorporated under this act shall have the power to amend its articles of association or charter at any regular annual meeting held according to the provisions of said charter or articles of association, upon giving notice of an intention so to do, and the time and the place of that meeting; such notice shall be published for three successive weeks in some newspaper published weekly in the county in which the business office of such company is located; or, such intention shall be given by printed circulars, postal cards, or letters, to be addressed to all members, officers, trustees and directors of such company, and deposited in the post office with postage fully paid thereon, at least three weeks previous to such meeting. Any company or ganized under this act may amend its charter or articles of association at any special meeting called for that purpose in accordance with the provisions of its charter, and by giving the notice of such intention to amend in the manner author

ized by this section.

general.

All amendments hereafter made shall Submission be submitted to the Attorney General, and the certificate of to attorney compliance with the law obtained; said amendments shall where filed. be filed in the office of the Commissioner of Insurance.

corporate.

SEC. 9. All companies formed under this act shall be Bodies deemed bodies corporate and politic, in fact and in name, with the right to sue and to be sued, and to have a common seal and the right to succession.

of law to

SEC. 10. The following provisions of law and any future Provisions amendments applicable to the business of life and fire in- govern. surance companies in this State shall apply to, govern and regulate insurance companies doing business by virtue of this act:

(a) Annual statement of financial condition and other proper information requested by the Commissioner of Insurance;

(b) Provisions relating to holding real estate;

(c) Provisions relative to by-laws;

(d) Examination of books, accounts and affairs of companies;

(e)

Penalties for false statements or refusal to comply with the order of the Commissioner of Insurance;

(f) tions.

Provision relative to delinquent insurance corpora

statement to

SEC. 11. A copy of every such sworn statement and report Copies of shall be sent to each member of the company within a reason- be sent. able time after it is placed on file with the Commissioner of Insurance.

Approved April 27, 1915.

[No. 87.]

AN ACT to amend section one of act number eighty-one of the Public Acts of nineteen hundred seven, entitled "An act for the protection of boarding house keepers."

The People of the State of Michigan enact:

amended.

SECTION 1. Section one of act number eighty-one of the Section Public Acts of nineteen hundred seven, entitled "An act for the protection of boarding house keepers," is hereby amended to read as follows:

SEC. 1. Any person who shall stop, put up, board or lodge Unlawful procuring of at any boarding house as a guest or boarder by the day, board, etc. 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

Proviso,

time limit.

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: Provided, That no conviction shall be had under the provisions of this act unless complaint shall be made within ten days of the time of the violation hereof. Approved April 27, 1915.

Section amended.

Orders, how
drawn.
How paid.

Proviso, amount drawn.

[No. 88.]

AN ACT to amend section eight of chapter six of act number two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand three hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section eight of chapter six of act number two hundred fifty-four of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand three hundred sixtyone of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 8. All orders for the payment for services rendered and work performed shall be drawn by the county drain commissioner upon the drain fund of each particular drain. All orders for the payment for lands for right of way shall be paid on presentation out of the county treasury and for all other services rendered and expenses incurred, except contracts for construction, shall be paid out of the first year's taxes, and the balance of such first year's taxes, if any, shall be applied pro rata among the several contractors in the payment of the contracts for the construction of such drain. For the balance due upon such contracts the county drain commissioner shall draw orders payable out of the one or other succeeding year's assessment: Provided, That no commissioner shall draw orders payable in any one year for a

interest.

larger amount than said year's assessment. All drain orders When shall be drawn payable on the fifteenth day of March of the payable. year in which the drain taxes for the payment thereof are required to be paid. All orders not paid when due, by reason of delinquency in the payment of such drain taxes, shall draw when to draw interest at the rate of six per centum per annum from the date of maturity, said interest to be computed by the county treasurer and to be paid with the principal out of the proper fund on which it was drawn, and out of no other fund, and such treasurer shall report to the county drain commissioner the amount paid as interest on such orders: Provided, That Proviso, when such order shall be presented for payment and no funds available. are available owing to the delinquency in the payment of such drain taxes, the county treasurer shall so certify upon such order and such order shall then draw interest until funds are available for the payment of the same, but no order shall draw interest until so certified by the county treasurer. Approved April 27, 1915.

funds not

[No. 89.]

AN ACT to regulate judicial procedure in civil and criminal

cases.

The People of the State of Michigan enact:

judgment may

SECTION 1. No judgment or verdict shall be set aside or When reversed, or a new trial be granted by any court of this State be reversed. in any case, civil or criminal, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice. Approved April 27, 1915.

[No. 90.]

AN ACT to provide for the protection of all species of edible frogs in this State; to regulate the sale and having in possession of frogs or portion of the carcass thereof; and providing penalties for the violation of this act.

The People of the State of Michigan enact:

SECTION 1. Hereafter it shall be unlawful to kill or take When in any manner whatsoever, any species of edible frogs in this unlawful State from November first in any year to June first in the

to kill.