surance companies for which their employer may be the agency. SEC. 5. After the first day of March, nineteen hundred Unlawful sixteen, it shall not be lawful for any person to act in this State as general, district, state agent, special agent, agent, solicitor, or otherwise, in procuring or receiving applications or in any manner directly or indirectly to aid in transacting any business for or in behalf of any insurance company, corporation or association authorized to transact business within this State, until he shall have procured from the Commissioner of Insurance a license as herein provided. Nor shall it be lawful for any insurance company, corporation or association to appoint or employ any general, district, state or special agent or directly or indirectly to authorize any person to transact any insurance business or in any manner to receive the benefit of any business done or ser vices rendered by any such agent or person within this State in any other manner than as herein provided: Provided, how- Proviso, ever, That the terms of this act shall not extend to include or prohibit the employment of or the acting by any regularly admitted attorney-at-law for or in behalf of any client by whom he shall have been regularly retained: Provided Proviso, new further, That no new license shall be issued after this act takes effect except in accordance with the provisions hereof. SEC. 6. Any authorized agent of an insurance company Insurance of transacting business in this State shall have the right to procure the insurance of risks or parts of risks, that have been refused by companies represented by him in other like companies duly authorized to transact business in this State, but such insurance shall only be consummated through a duly licensed resident agent of the company taking the risk: Provided, however, That nothing herein contained shall be Proviso, deemed to authorize the conducting of any insurance brokerage business in this State. attorneys. licenses. refused risks. brokerage. to apply. license. SEC. 7. The provisions of this act shall apply only to in- How act surance companies transacting business on a stock plan, and to all mutual or co-operative life and health and accident corporations, except fraternal beneficiary societies. SEC. 8. The Commissioner of Insurance shall have power Refusal of after a hearing to refuse to grant any license requested under the provisions of this act, should he be satisfied that the person, firm or corporation for whom the requisition is made is not a proper or fit person, firm or corporation to be permitted to transact business within this State, and the Commissioner of Insurance shall at once, notify the insurance Notice. Revocation. Proviso, review of action. Clerical help. Application for license. Statements. company or agent making such requisition of his refusal to issue the license and the reason therefor. The Commissioner of Insurance shall have power to revoke for cause shown and upon hearing given to all parties concerned, any license issued by him under the provisions of this act: Provided, That any action taken by the Commissioner of Insurance under the provisions of this section shall be subject to review by any court of competent jurisdiction. SEC. 9. Nothing in this act shall be held to extend to or include any clerical help that may be necessary in performing any of the functions provided for agents, general, district, state or special agents, nor to require such clerical help to be licensed in the same manner as their employers. No such clerical help shall solicit the business unless licensed as an agent or solicitor. SEC. 10. No license shall be granted under this act until the person, or if a firm or corporation, then the persons representing the firm or corporation for which requisition is made, shall have filed with the Commissioner of Insurance an application duly signed and verified by him, which application shall be in the following form, to-wit: To the Commissioner of Insurance of the State of Michigan : Agency as. following statement on oath: and make the First, I will not knowingly violate any of the insurance laws of this State during the term of the license applied for if issued; Second, I will not knowingly deceive any applicant for insurance, or misrepresent any of the terms or conditions of any insurance policy or the financial responsibility of any insurance company; Third, I will not persuade or attempt to persuade by any incomplete comparison or mis-representation, any person to drop or discontinue any insurance that he may have with any company or association during the term of such insurance for the purpose of taking insurance in any like com. pany or association that I may represent; Fourth, During the past year I have represented the following companies: Fifth, I am not indebted to any insurance company or general agent by virtue of any contract as former agent except as follows:... Sixth, I have had............. . years of experience in the.. insurance business and have lived in Michigan for the past ...years; Seventh, I expect to devote my time.... ance business; ..to the insur Eighth, In what other business are you engaged and in what capacity? (Explain fully.) Ninth, I have never had a license refused or revoked by the department of insurance of this or any other state. Except.... Tenth, I understand that it is against the laws of this State: (a) To act as an insurance agent or solicitor without a license from the Department of Insurance; (b) To misrepresent the conditions of any policy; (c) To estimate future dividends that may be paid by a company; (d) To make any discrimination between citizens of this State or to rebate any part of the premium or commission or offer any valuable consideration as an inducement to take insurance other than that clearly expressed in the policy; (e) To twist or attempt to twist insurance policies by misrepresentation and or unfair comparisons. The Commissioner of Insurance shall have authority to address any additional inquiries to such applicant and the entire application shall be sworn to and signed by the applicant. SEC. 11. Any person violating any of the provisions of Penalty. this act shall, upon conviction thereof, 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 both such fine and imprisonment in the discretion of the court; and upon the conviction of any agent, state or special agent, or solicitor, of any violation of the provisions of this act the Commissioner of Insurance shall suspend the authority of such agent, state or special agent, or solicitor, to transact any insurance business within the State of Michigan for a period of not less than three months; any insurance company employing an agent, state or special agent, and failing to procure a license required by this act, or permitting such agent, or state or special agent, to transact business for it within the State before such certificate has been procured, shall pay to the Commissioner of Insurance for the use of the State a penalty of twenty-five dollars for each offense, and in the event of failure to pay such penalty within ten days after notice from the Commissioner of Insurance, Revocation the authority of such company shall be revoked by the Com- of authority. missioner of Insurance until such penalty is paid, and no such company shall be re-admitted until it shall have complied with all of the terms and conditions imposed for admission in the first instance: Provided, That any action Proviso, taken by the Commissioner of Insurance under the pro- court. visions of this section shall be subject to review by any court of competent jurisdiction. Approved May 6, 1915. 27 review by Sections amended. How probate made. Power to take testimony. [No. 125.] AN ACT to amend sections one and three of act number one hundred one of the Public Acts of eighteen hundred eighty-one, entitled "An act to provide for the probate of foreign wills in certain cases," being compiler's sections nine thousand three hundred five and nine thousand three hundred seven of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Sections one and three of act number one hundred one of the Public Acts of eighteen hundred eightyone, entitled "An act to provide for the probate of foreign wills in certain cases," being compiler's sections nine thousand three hundred five and nine thousand three hundred seven of the Compiled Laws of eighteen hundred ninetyseven, are hereby amended to read as follows: SEC. 1. That whenever it shall become necessary to make probate in this State of the last will of any deceased person, which was executed in a foreign country, by the laws of which no probate of wills, after the death of the maker, is required or provided for, or, being executed in a foreign country, by the laws of which probate of wills, after the death of the maker, is required or provided for, but the testator, at the time of his death, is not domiciled in such foreign country, if the original will cannot be produced in this State for probate, the same may be proved and allowed in this State, by a full and complete copy thereof in the circuit court in chancery in and for any county, in which the maker of such will left any property, at his or her decease, affected by such will. SEC. 3. Said court shall have full power by the means of commissions, or letters rogatory, to take the testimony of any officer, magistrate or other persons having custody or possession of the original will, of the witnesses thereto, and of any other person whose testimony is required, and if upon the proofs of the case, a full and complete copy of such will is shown, and it shall sufficiently appear that the alleged will is valid, and sufficient to pass any of the property, real or personal, of the maker within this State, that said will was executed in a foreign country, that the maker is dead, and that the original will is retained in the foreign country, and cannot be produced in this State for. probate, and that the laws of said foreign country do not require or provide for the probate of said will after the death of the maker or, being executed in a foreign country, by the laws of which probate of wills, after the death of the maker, is required or provided for, but the testator, at the time of his death, is not domiciled in such foreign country, it shall then be lawful for said circuit court in chancery to admit said will to probate, or so much thereof as it shall find to be valid in Admission this State, and such allowance and probate shall have the to probate. same effect as if the same had been made in any probate court in this State, of lawful jurisdiction, upon production and proof of the original will. Approved May 6, 1915. [No. 126.] AN ACT to provide a tax to meet the amounts disbursed by the State for the current expenses of the Michigan State Prison, the State House of Correction and Branch Prison in the Upper Peninsula and the Michigan Reformatory. The People of the State of Michigan enact: SECTION 1. The Auditor General shall add to and incor- Tax clause. porate in the State tax for the year nineteen hundred fifteen, the sum of one hundred seventy-eight thousand dollars for the purpose of reimbursing the State treasury for money disbursed under existing laws on account of current expenses for the Michigan State Prison, the State House of Correction and Branch Prison in the Upper Peninsula and the Michigan Reformatory during the fiscal year ending June thirty, nineteen hundred thirteen, by institutions as follows: For the AppropriaMichigan State Prison, the sum of seventy-eight thousand tions for dollars; for the State House of Correction and Branch Prison in the Upper Peninsula, the sum of fifty-two thousand dollars; for the Michigan Reformatory, the sum of forty-eight thousand dollars. prisons. SEC. 2. The Auditor General shall add to and incorporate Tax clause. in the State tax for the year nineteen hundred sixteen, the sum of one hundred twenty-two thousand dollars for the purpose of reimbursing the State treasury for money disbursed under existing laws on account of current expenses for the State House of Correction and Branch Prison in the Upper Peninsula and the Michigan Reformatory during the fiscal year ending June thirty, nineteen hundred fourteen, by institutions as follows: For the State House of Cor- Appropriarection and Branch Prison in the Upper Peninsula, the sum of forty-four thousand dollars; for the Michigan Reformatory, the sum of seventy-eight thousand dollars. The money aris ing from the taxes levied under the provisions of this act shall when collected, be placed to the credit of the general fund to reimburse the same for the money previously expended. tions for reformatories. SEC. 3. The several sums appropriated or disbursed by the How sums provisions of law for which this tax is levied, shall be paid paid out, out of the general fund in the State treasury to the proper |