Action to set aside order.

Jurisdiction.

Refund of over-charge.

Rate agreements prohibited.

Agreements enforceable.

Commissioner

may disapprove agreement.

Service of notice of disapproval.

Appeal to chancery.

missioner of Insurance. Any party in interest being dissatisfied with any order of the commission may within thirty days from the issuance of such order and notice thereof commence an action in the circuit court in chancery for the county of Ingham against the commission, as defendant, to vacate and set aside any such order upon the ground that such order is unlawful or unreasonable; in which suit the commission shall be served with a subpoena and a copy of the complaint. The commission shall file its answer and on leave of court any interested party may file an answer to said complaint. Upon the filing of the answer of the commission said action shall be at issue and stand ready for hearing upon ten days' notice by either party. The said circuit court for the county of Ingham in chancery is hereby given jurisdiction of such suits and empowered to affirm, vacate or set aside the order of the commission in whole or in part, and to make such other order or decree as the court shall decide to be in accordance with the facts and the law. During pendency of such proceedings the order shall be suspended, and in the event of final determination against any insurer, any over-charge during the pendency of such proceedings shall be refunded by the insurer to the persons entitled thereto.

SEC. 12. No fire insurance company or any other insurer, and no rating bureau, or any representative of any fire insurance company or other insurer or rating bureau, shall enter into or act upon any agreement with regard to the making, fixing or collecting of any rate for fire insurance upon property within this State except in compliance with this act.

SEC. 13. Any such agreement may be made and enforced provided the same be not contrary to public policy and is in writing, and, prior to its taking effect, a copy thereof be filed with the Commissioner of Insurance and with each rating bureau of which any of the parties thereto shall be a member or subscriber.

SEC. 14. The Commissioner of Insurance may, after due notice and hearing, upon complaint or upon his own motion, make an order disapproving any such agreement. No such agreement shall be in force, nor shall any rights be based thereon, after service of a copy of such order upon each of the parties to such agreement, and upon each bureau with which such agreement is required to be filed. Service may be made by mail and shall be completed upon the expiration of a reasonable time for transmission fixed in such order. Any person in interest being dissatisfied with the order or refusal to make an order by the Commissioner of Insurance may within thirty days from the issuance of such order or refusal and notice thereof, commence an action in the circuit court in chancery for the county of Ingham against the Commissioner of Insurance, as defendant, to vacate and set aside any such order upon the ground that such order is unlawful or unreasonable, or to compel said Commissioner of Insur

ance to issue an order disapproving of any such agreement on the ground that such agreement is unlawful and contrary to public policy; in which suit the Commissioner of Insurance shall be served with a subpoena and a copy of the complaint. The Commissioner of Insurance shall file his answer and on leave of court any interested party may file an answer to said complaint. Upon the filing of the answer of the Commissioner of Insurance said action shall be at issue and stand ready for hearing upon ten days' notice by either party. The said circuit court for the county of Ingham in chancery Jurisdiction. is hereby given jurisdiction of such suits and empowered to affirm, vacate or set aside the order of the Commissioner of Insurance in whole or in part or to direct the Commissioner of Insurance to make such order as the court shall decide to be in accordance with the facts and the law.

to apply.

SEC. 15. This act shall not apply to companies organized Act not under the provisions of act eighty-two of the Session Laws of this State for the year eighteen hundred seventy-three or act two hundred sixty-two of the Public Acts of the Legislature for the year eighteen hundred ninety-five, nor to any company authorized to do business in this State not charging an advance premium.

SEC. 16. Any violation of the provisions of this act by any Penalty. fire insurance company or other insurer authorized to effect insurance against the risk of loss or damage by fire or lightning in this State or by any rate making bureau or officer or agent of either shall suspend the authority of such company, insurer, rate making bureau or agent to transact any business in this State until it or he shall have paid to the Commissioner of Insurance for the use and benefit of this State a penalty of one hundred dollars for each such violation: Provided, That any action taken by the Commis- Proviso, sioner of Insurance under the provisions of this section shall review. be subject to review in the manner provided in section fourteen of this act. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved April 21, 1915.

Section amended.

Books for records.

How

constructed.

Typewriter

may be used.

Book to be bound.

[No. 77.]

AN ACT to amend section ninety-four of chapter ten of the Compiled Laws of eighteen hundred fifty-seven, said chapter being entitled "Of county officers," being section two thousand six hundred fifteen of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section ninety-four of chapter ten of the Compiled Laws of eighteen hundred fifty-seven, said chapter being entitled "Of county officers," being section two thousand six hundred fifteen of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 94. The board of supervisors of each county shall, from time to time, provide suitable books, at the expense of the county, for the entering and recording of all deeds and matters required by law to be entered and recorded by the register of deeds. Such books may be of detachable leaves in a binder which admits of its being kept locked so that it shall be impossible for any leaves to be removed therefrom or inserted therein except by or under the direction of the register of deeds, and all the pages thereof, shall be consecutively numbered before any record is made thereon. Such record may be made wholly or partly with a typewriter if ink of a permanent character is used therewith. When the number of leaves in any binder shall constitute a book of a proper and convenient size they shall be permanently bound in some manner, but may be retained in the original binder or placed in a transfer binder if the mechanism thereof permits of so securing such leaves therein that they cannot be removed therefrom with or without a key. Approved April 22, 1915.

Lands may be sold.

[No. 78.]

AN ACT authorizing the board of control of the Michigan State Prison to sell and dispose of certain lands situate within the county of Jackson, and providing for the reappropriation of the proceeds thereof to purchase prison farms.

The People of the State of Michigan enact:

SECTION 1. The Board of Control of the Michigan State Prison is hereby authorized and empowered to sell and dispose of the lands and premises hereinafter described, either at public or private sale, at the highest price obtainable.

SEC. 2. The lands and premises referred to in section one Description. hereof are all those pieces and parcels of land owned by the State of Michigan and controlled by the board of control of the Michigan State Prison located in the county of Jackson, said State, known and described as follows: All that certain piece or parcel of land situate and being in the township of Rives, county of Jackson and State of Michigan, known and described as follows, to wit: That part of the south half of the southwest fractional quarter of section seven in town one south of range one west, lying south of the right of way of the Grand River Valley Railroad in the county of Jackson, State of Michigan and containing forty-nine and one-tenth acres of land more or less; all that certain piece or parcel of land situate and being in the township of Blackman, county of Jackson and State of Michigan and described as follows, to wit: The southeast quarter of the southeast quarter of section thirty, and the south half of section twentynine, except a piece of land in the northeast corner, one hundred seventeen rods north and south, by twenty and one-half rods east and west, the excepted parcel being nearly fifteen acres, all in town two south of range one west, in the county and State aforesaid.

The following real estate in the township of Blackman, in Jackson county, State of Michigan, known and described as follows: The southwest quarter of the northwest quarter of section twenty-eight in town two south, range one west, and a piece of land described as follows: Commencing at the northeast corner of the southeast quarter of section twentynine, running thence south one hundred seventeen rods, thence west twenty and one-half rods, thence north one hundred seventeen rods, thence east to the place of beginning, containing fifteen acres more or less, and being a part of sec tion twenty-nine, town two south, range one west.

All those certain pieces or parcels of land owned by the State of Michigan and located on the east side of Cooper street in the city of Jackson, said State of Michigan, as follows: The north half of the southwest quarter of the northwest quarter of section thirty-five, town two south of range one west; also the northwest quarter of the northwest quarter of section thirty-five, town two south of range one west except ten acres off the north end thereof; also excepting lots one and eleven, block two, the north half of block four, and lots one to ten inclusive, block six, Bingham and Rice addition to the city of Jackson, Michigan.

advertise sale.

SEC. 3. The Board of Control of the Michigan State Prison Board to shall advertise such lands as being for sale, in one or more daily newspapers circulating in the said State of Michigan, at least once each week for a period of six weeks before any sales are made. and may also advertise periodically thereafter any such lands remaining unsold, and may print and distribute hand bills advertising such lands for sale, the expense of such advertising, with the exception of hand bills,

Options may be given.

to be deducted out of the proceeds of such sale, after the claims therefor have been approved by the said Board of Control and certified to the State Treasurer.

SEC. 4. Options may be given by the said Board of Control to any responsible person or corporation for the purchase of any lot or parcel of such lands, for any period of time not more than thirty days, the consideration for such Consideration. options to be in no case less than ten per cent of the value of

Deed.

Disposition of proceeds.

Warranty deeds.

the land described in such options, with a forfeiture of the consideration paid for such option in the event that the grantee of the option does not purchase according to the tenor thereof. No deed of conveyance of any such lands shall be delivered until the full purchase price shall have been paid in legal tender.

SEC. 5. The net proceeds of the sale of the lands hereinbefore described, shall be covered into the general fund of the State treasury by the said Board of Control, and the said sum or sums are hereby reappropriated for the purpose of purchasing, and the said Board of Control is hereby authorized to purchase and take title to other lands within said county of Jackson for prison farms, and to pay for the same out of the moneys appropriated hereby.

SEC. 6. The said Board of Control is authorized to execute warranty deeds for any of the lands herein described, to the purchaser or purchasers thereof, and for that purpose may by resolution delegate the authority to execute and deliver such deeds to the president of said board and one other member thereof.

Approved April 22, 1915.

Deeds, etc., to state whether parties are married or single.

[No. 79.]

AN ACT to provide certain requirements in written instruments conveying or mortgaging real estate or any interest therein in which there are male grantors, mortgagors or other parties executing the same to entitle the same to record.

The People of the State of Michigan enact:

SECTION 1. All written instruments conveying or mortgaging real estate or any interest therein, hereafter executed, shall state whether or not any and all male grantors, mortgagors, or other parties executing the same are married or single, and the register of deeds of the county in which any such instrument is offered for record shall refuse to receive the same for record unless it conforms to the provisions of this act.

Approved April 22, 1915.