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Bond.

Right of action, who to have.

Not to affect present officers.

Expense of maintenance,

how, and to whom, paid.

When

transferred.

ing him in charge or his guardian ad litem. The bond to be given on such appeal shall run to the judge of probate of the county for the use and benefit of any person who shall be injured by the allowance of such appeal, in such penalty and with such surety or sureties as the probate court may approve, and it shall be conditioned for the diligent prosecution of such appeal, and the payment of all such damages and costs as shall be awarded to any person on account of the allowance of such appeal in case the person appealing shall fail to obtain a reversal of the decision appealed from. Any person injured by the allowance of such appeal shall have a right of action upon such bond in case the decision so appealed from is not reversed. Proceedings under an order of admission shall not be stayed pending an appeal therefrom, except upon the special order of the probate court, which may revoke or modify said special order at any time. The court may also, during the pendency of said appeal, make such order for the temporary care or confinement of the alleged feeble-minded or epileptic person as he may deem

necessary.

SEC. 40. Nothing in this act shall be construed to affect the tenure of office of any of the present officers of the Michigan Home for the Feeble-Minded and Epileptic.

SEC. 41. The expense of maintenance of public patients shall be paid to the Michigan Home for the Feeble-Minded and Epileptic upon the warrant of the Auditor General in accordance with the general accounting laws of this State. The county from which each public patient was committed shall be liable to the State for the first year's maintenance of such patient at the home.

SEC. 42. When any patient shall become insane while patient to be confined in said home and the medical superintendent shall certify in writing that such patient is insane and is not a fit subject for care and maintenance at said home, such patient shall forthwith be transferred to the asylum of the district from which such patient was committed, and the expense of such transfer shall be audited and paid by the Board of State Auditors upon properly attested, itemized vouchers, approved by the medical superintendent. Such transfer shall not affect the liability upon any bond for private support or any order for reimbursement for public support, but all such bonds and orders for reimbursement shall be liable and in full force for the cost of maintenance at the asylum to which such patient is transferred.

Acts

repealed.

SEC. 43. All acts or parts of acts in any way contraven-
ing the provisions of this act are hereby repealed.
This act is ordered to take immediate effect.
Approved May 18, 1909.

[No. 102.]

AN ACT making an appropriation for the Michigan Forestry Commission.

The People of the State of Michigan enact:

reimburse

SECTION 1. There is hereby appropriated out of the gen- Amount eral fund in the State treasury fifteen hundred dollars for appropriated. the use of the Michigan Forestry Commission, to be devoted to the care of the State's property in the State's reserves in Roscommon and Crawford counties during the fiscal year ending June thirty, nineteen hundred nine. The sum herein appropriated shall be immediately available upon the pas sage of this act: Provided, That the State Treasurer shall Proviso, reimburse the general fund for the sum herein appropriated ment. from the income from the Michigan State forestry reserves in Roscommon and Crawford counties accordingly as same may become available: Provided further, That any such Further sum of the amount herein appropriated as shall not be used proviso. by the Michigan Forestry Commission shall be paid into the State treasury to be accredited to the general fund. This act is ordered to take immediate effect. Approved May 19, 1909.

[No. 103.]

AN ACT to amend sections thirty-six, thirty-eight and fiftyfive of act number two hundred five of the public acts of eighteen hundred eighty-seven, entitled "An act to revise. the laws authorizing the business of banking and to establish a banking department for the supervision of such business" as amended, the same being compiler's sections six thousand one hundred twenty-five, six thousand one hundred thirty-seven and six thousand one hundred fortyfour of the Compiled Laws of eighteen hundred ninetyseven, as amended.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections thirty-six, thirty-eight and fifty-five Sections, of act number two hundred five of the public acts of eighteen hundred eighty-seven, entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," as amended, the same being compiler's sections six thousand

Commissioner, appointment, term.

Deputy, clerks.

Salaries.

Proviso.

Salaries, how paid.

Expenses.

Oath of office.

one hundred twenty-five, six thousand one hundred twentyseven and six thousand one hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven, as amended, are hereby amended to read as follows:

SEC. 36. The chief officer of the department shall be denominated the Commissioner of the Banking Department. He shall be appointed by the Governor, by and with the advice and consent of the senate, and shall hold his office for the term of four years. He may appoint a deputy and revoke such appointment at pleasure, who shall possess the powers and perform the duties attached by law to the office of commissioner during a vacancy in such office, and during the absence or inability of his principal. He may also employ from time to time not to exceed five clerks to assist him and his deputy in the discharge of the several duties imposed upon them by this act as he shall find necessary. The salary of the commissioner shall be thirty-five hundred dollars per annum. The salary of the deputy shall be twenty-five hundred dollars per annum and the salaries of such clerks as may be employed under this act shall be at such rate per annum as the commissioner shall decide: Provided, That such rate is not in excess of that of the clerks of the several

State departments. The salaries of the commissioner, deputy and clerks shall be paid monthly by the State Treasurer, upon a voucher countersigned by the Auditor General. Vouchers for the commissioner's salary must be first approved by the Governor. Vouchers for the deputy and the clerks' salaries must be first approved by the commissioner. All actual and necessary traveling expenses of said commissioner, deputy or clerks, incurred in the discharge of their duties under this act, shall be fully itemized upon proper vouchers and certified in the order indicated for the salaries, and presented to the Board of State Auditors. If allowed, the Auditor General shall countersign. The State Treasurer shall upon the presentation of vouchers so allowed and countersigned, reimburse the said officers' expenses. Within fifteen days from the notice of their appointment, respectively, the commissioner and his deputy shall take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State. The said approval, etc. Commissioner of the Banking Department and his deputy, aforesaid, shall each give to the people of this State a bond in the penal sum of twenty-five thousand dollars, with two or more sureties, to be approved by the State Treasurer, conditioned for the faithful discharge of the duties of their respective offices; and the commissioner or his deputy shall not be interested directly or indirectly, in any national bank, nor in any bank or other corporation under their supervision, nor engaged in the business of banking. There shall be assigned to said commissioner suitable rooms in the State capitol for conducting the business of said department.

Bond,

etc.

increased, etc.

SEC. 38. Every bank existing or hereafter incorporated Inspection, under the laws of this State shall be subject to the inspection and supervision of the Commissioner of the Banking Department, as provided in this act. He may also employ Examiners, from time to time such examiners to assist him and his salaries, how deputy in the discharge of the several duties imposed upon them by this act, as he shall find necessary. Salaries of the examiners shall be the sum of seventeen hundred dollars per annum during the first year of their employment as such, and shall be increased one hundred dollars each year of such employment until the full sum of two thousand dollars is reached, which sum shall be their annual salary thereafter. The salaries of the examiners shall be paid monthly, by the State Treasurer, upon a voucher countersigned by the Auditor General. Vouchers for the examiners' salaries must be first approved by the commissioner. All traveling expenses Expenses. of examiners shall be paid as is indicated in this act and provided for in the payment of expenses of commissioner, deputy and clerks. Bank examiners shall file with the Com- Bond. missioner of Banking a bond for ten thousand dollars for the faithful discharge of their duties.

appointment,

SEC. 55. If the commissioner shall become satisfied that Receiver, the capital of any bank has become impaired or reduced be- application for low the amount required by law, and such impairment or etc. reduction shall not have been made good as by him required, and the order and requisition of the commissioner in that regard shall not have been complied with, or if the commissioner shall have become satisfied that any bank has refused to pay its deposits in accordance with the terms on which such deposits were received, if received in accordance with the provisions of this act, or if any bank has violated any of the provisions of this act, or is conducting its business in an unsafe or unauthorized manner, or if any bank shall refuse to submit its books and papers and concerns to the inspection of the commissioner, his deputy, or any examiner, or if any officer of such bank shall refuse to be examined under oath touching the concerns of the bank, or if from any examination made or report here provided for, the commissioner shall conclude that such bank is in an unsound or unsafe condition to transact the banking business, so that it is unsafe and inexpedient to continue same, the Commissioner of the Banking Department shall communicate such facts to the Attorney General and, with his concurrence, application may be made by the Attorney General, in behalf of the commissioner, to a court of competent jurisdiction for the appointment of a receiver of such bank. Upon presenta- When court tion of said application to said court, and upon its being to appoint made satisfied that the capital stock of said bank has become impaired or reduced below the amount required by law, and that such impairment or reduction has not been made good, or the order of the commissioner in that respect complied

receiver.

Proviso.

with, or that it has refused to pay its deposits as hereinbefore set forth, or that it has violated any provisions of this act, or is conducting its business in an unsafe or unauthorized manner, or that it has refused to submit its books, papers and concerns to inspection as aforesaid, or its officer or officers have refused to be examined under oath touching its concerns, or that it is in an unsafe or unsound condition to transact the banking business, so that it would be unsafe and inexpedient for it to continue same, the said court shall immediately appoint the banking commissioner, his deputy or one of the banking examiners in the banking department, or some other competent and disinterested person as receiver and shall determine his bond and prescribe his duties, and may make such further order as shall seem proper: Provided, That if one of the above mentioned members of the State banking department shall be appointed receiver, he shall serve without further compensation than is provided for him by this act but any sums that the court shall award as fees and expenses of said receivership shall be paid into the general fund of the State. The commissioner, pending records, etc., such action, if it shall be necessary, may forthwith take possession of the books, records and assets of every description of such bank, and hold same, and said books, records and assets shall not be subject to any levies and attachments. The receiver, if any be appointed, shall, under the direction of the court, take possession of the books, records and assets of every description, of such bank, collect all debts, dues and claims belonging to it, and sell or compound all bad or doubtful assets and seli all the real and personal property of such bank, on such terms as the court shall direct and may, if necessary, to pay the debts of such bank, enforce all individual liabilities of the stockholders. Such receiver shall forthwith pay over the money so collected or received to the State Treasurer, and also make report to the commissioner of all his acts and proceedings.

Custody of

pending action.

Receiver,

when to have
custody,
duty.

Approved May 19, 1909.

Liability of railroad companies.

[No. 104.]

AN ACT to prescribe the liability of common carrier railroad companies to their employes.

The People of the State of Michigan enact:

SECTION 1. Every common carrier railroad company in this State shall be liable to any of its employes, or, in case of his death, to his personal representative for the benefit of

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