Death benefits, beneficiaries. Proviso. Proviso. Further proviso. dred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May tenth nineteen hundred seventeen, is hereby amended to read as follows: SEC. 6. Beneficiaries. The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-inlaw, stepfather, stepmother, stepchildren, children by legal adoption, adopting parents, or to a person or persons dependent upon the member: Provided, That if after the issuance of the original certificate the member shall become dependent upon an incorporated charitable institution, he shall have the privilege with the consent of the society to make such institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary and, from time to time, have the same changed in accordance with the laws, rules or regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of the said member: Provided, That any society may by its laws limit the scope of beneficiaries within the above classes: Provided further, That where an applicant or member has no relative, as above provided, to whom he may make his certificate payable, in such case he may designate any other person or make his estate his beneficiary. Approved May 5, 1921. Sections amended. [No. 109.] AN ACT to amend sections fifteen and eighteen of act number one hundred one of the Public Acts of nineteen hundred nine, entitled "An act to revise the law relative to the care of the feeble-minded and epileptic," being sections one thousand five hundred forty-seven and one thousand five hundred fifty of the Compiled Laws of nineteen hundred fif teen. The People of the State of Michigan enact: SECTION 1. Sections fifteen and eighteen of act number one hundred one of the Public Acts of nineteen hundred nine, entitled "An act to revise the law relative to the care of the feeble-minded and epileptic," being sections one thousand five hundred forty-seven and one thousand five hundred fifty of the Compiled Laws of nineteen hundred fifteen, are hereby amended to read as follows: admission, served. SEC. 15. Petitions for the admission of a person to the Petition for Michigan Home for the Feeble-minded and Epileptic may be who may made by the father, mother, husband, wife, brother, sister, make. child or guardian of a person alleged to be feeble-minded or epileptic, or by the sheriff or any superintendent of the poor, or supervisor of any township within the county in which the alleged feeble-minded or epileptic person resides, and directed to the probate court of said county. Such petition shall contain a statement of the facts upon which the allegation that such person is feeble-minded or epileptic is based, and because of which the application for the order is made. Upon Day of receiving such petition the court shall fix a day for the hear hearing. ing thereof, and may in its discretion appoint two reputable physicians to make the required examination of the alleged feeble-minded or epileptic person, whose certificates shall be filed with the court on or before such hearing. Notice of Notice, how such petition and of the time and place of hearing thereon shall be served personally, at least twenty-four hours before the hearing, upon the person alleged to be feeble-minded or epileptic, and upon the prosecuting attorney, and if the petition is made by a sheriff, superintendent of the poor or supervisor, also upon the father, mother, husband, wife or some one of the next of kin of full age, of such alleged feeble-minded or epileptic person, if there be any such known to be residing within the county, and upon such of said relatives or other persons within the state as may be ordered by the court, which said notice may be served in any part of the state. The Guardian ad court may in its discretion appoint a guardian ad litem to represent such feeble-minded or epileptic person upon such hearing. The court shall also institute an inquest, and shall Inquest. in all cases take proofs in writing as to the financial circumstances of the patient and his relatives legally liable for his support, and shall take proofs as to the alleged condition of such person and fully investigate the facts before making an order, and if no jury is required, the probate court shall determine the question of whether such person is a feeble-minded or epileptic person or not. If the court shall deem it neces- Jury. sary, or if such alleged feeble-minded or epileptic person, or any relative or any person with whom he may reside or at whose house he may be, shall so demand, a jury of six freeholders having the qualifications of jurors in courts of record shall be summoned to determine the question of whether such person is feeble-minded or epileptic, and whenever a jury is required, the court shall proceed to the selection of such jury in the same manner as is provided for the selection of a jury for the condemnation of land for railroad purposes, and such jury shall determine the question of whether such person is feeble-minded or epileptic. The jurors shall receive the same Fees of fees for attendance and mileage as are allowed by law to jurors litem. jurors. Order, when issued. Bond, where delivered. Form of order. in the circuit court. The alleged feeble-minded or epileptic person shall have the right to be present at such hearing, unless it shall be made to appear to the court by the certificate of two reputable physicians that his condition is such as to render his removal for that purpose or his appearing at such hearing improper and unsafe. If such person shall be found and adjudged to be feeble-minded or epileptic, the court shall immediately issue an order for his admission to the home for the feeble-minded and epileptic. If at the time of or before the making of such order, a bond in the penal sum of one thousand dollars, executed by a surety company author. ized to do business in this state or by two or more sureties to be approved by the judge of probate, running to the people of the state of Michigan and conditioned for the payment of the support and maintenance of the patient in the manner prescribed by law, shall be delivered to the judge of probate, together with the sum of fifty dollars as an advance payment toward the support of such patient, admission shall be ordered as a private patient, otherwise as a public patient. Such bond and advance payment, together with the order of admission and bond, shall be transmitted by the probate court to the medical superintendent of the home. Until such bond. and advance payment are delivered to the medical superintendent, the person shall be admitted to the home only as a public patient. At the request of the medical superintendent, the court shall require the sureties upon such bond to justify their responsibility anew or order that a new bond be given in place of the original, which justification or new bond shall be transmitted to the medical superintendent, and unless such justification or new bond shall be delivered to the medical superintendent within thirty days the patient shall, from the time of such request, be regarded as a public patient. The court shall designate a proper person or persons to take such feeble-minded or epileptic person to the home, who shall each receive as pay for such services the sum of three dollars per day, together with necessary expenses, which together with all court expenses shall be borne by the county from which the patient is sent. The order for admission shall be substantially in the following form: State of Michigan The probate court for the county of at a session of said court held at the probate office in the on the of in said county day of A. D. 19. Present, Honorable Judge of Probate. In the matter of a feeble-minded person. having been appointed for hearing the petition of that said .. a the Michigan Home for the Feeble-minded and Epileptic as patient, and due notice of the hearing on said petition having been given as required by law and as directed by said court, the said petitioner appeared .... It appearing to the court upon filing the certificates of two that said... is a ... person and is in need of care and treatment at the Michigan Home for the Feeble-minded and Epileptic; It is ordered that said ... be ad mitted to the Michigan Home for the Feeble-minded and Epileptic as a It is further ordered that . patient. and is hereby designated and directed to remove said be to said Michigan Home for the Feebleminded and Epileptic, with full power and authority for that purpose. Judge of Probate. from estate If the order for admission is as a public patient and it shall When paid appear from the proofs taken in writing as aforesaid that the patient has an estate out of which the state may be reimbursed for his maintenance, the court shall direct in said order for admission, the payment out of such estate of the whole or such part of the cost of maintenance of said patient at said home as he shall deem just, regard being had to the needs of those having a legal right to support out of said estate, which said order shall remain in full force and effect until modified by proceedings under section seventeen of this act, or until the patient shall be discharged from said home, and the judge of probate committing such patient shall be notified of his discharge. Whenever an order is made committing any person to the home, a copy of such order together with the personal and family history of such person, upon blanks to be furnished the judge of probate by the medical superintendent of the Michigan Home for Feeble-minded and Epileptic, including a full copy of the report of the physicians, shall be mailed forthwith to the medical superintendent, who shall endorse thereon the date of receipt and file the same in his office. The medical superintendent shall also classify the Superintendperson committed according to sex, chronological age, mental classify. ability and physical defects as same may be revealed by the personal and family history and the report of the examining physician; the medical superintendent shall also endorse upon the commitment, the department in the home where in his opinion the person committed would receive the care and training best adapted to his condition, and whenever there ent to Proviso. Further proviso, who not admitted. When state reimbursed. Citation, court to issue. When payment ordered. Refusal to pay. shall be room in any department of the home to receive additional patients the medical superintendent shall at once notify the probate court which made the commitment earli est received for the department in which the vacancy occurs, and filed as aforesaid, and said court shall within thirty days thereafter cause said patient to be taken to said home or shall enter an order that such person is no longer entitled to admission and shall notify the medical superintendent thereof: Provided, Preference shall be given to the admission of indigent patients, so far as circumstances permit: Provided further, That no feeble-minded woman above the age of forty-eight years, not an epileptic, nor any feeble-minded man not an epileptic whose condition is due to senility, shall be admitted to said institution. SEC. 18. If a public patient is an indigent person and has relatives who are legally liable for his support, the prosecuting attorney of the county in which the order of admission was made shall petition the probate court of said county in his name as prosecuting attorney, stating that such person has been ordered admitted to the Michigan Home for the Feebleminded and Epileptic as a public patient; that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said relatives may be adjudged to reimburse the state for the expenses paid and to be paid by it in his behalf. The court shall thereupon issue a citation to said relatives to show cause why the prayer of the petition should not be granted. The citation shall be served at least fourteen days before the day of hearing and may be served in any part of the state. If it shall appear to said court on said hearing that such person is indigent and that he has relatives who are parties to said proceedings who are legally liable for his support and who are able to contribute thereto, he may make an order requiring payment by such relatives of such sum or sums of money as he may find they are reasonably able to pay, not exceeding, however, in all, the amount fixed under the authority of section twenty-seven of this act for the maintenance of public patients in said home, for the same fiscal year. Said order shall require the payment of such sums to the State Treasurer to be made annually, semi-annually or quarterly as the court may direct. The court shall furnish the State Treasurer a certified copy of such order and it shall be the duty of the State Treasurer to collect the sums therein named and to turn the same into the state treasury so long as such person is a public patient. If such relatives so ordered to pay shall neglect or refuse so to do, the State Treasurer shall notify the prosecuting attorney of the county in which the proceedings were had, and in case any of the said relatives reside in another county or counties, then also the prosecuting attorney of such county or counties, of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside shall proceed by action to be brought in the |