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way by the owner or owners of said plat or subdivision. The Survey, survey or conveyance showing title to said roadway shall be record of. recorded in the office of the register of deeds of the county wherein said land lies.

This act is ordered to take immediate effect.
Approved May 11, 1915.

[No. 173.]

AN ACT to amend the title and sections one and fifteen of act number two hundred fifty-seven of the Public Acts of nineteen hundred thirteen, entitled "An act to regulate the construction and operation of moving picture shows and theatres showing moving pictures, in which celluloid films are used, to provide for an inspection fee for operating the same and to place supervision of such shows and theatres under the department of the State Fire Marshal.

The People of the State of Michigan enact:

sections

SECTION 1. The title and sections one and fifteen of act Title and number two hundred fifty-seven of the Public Acts of nine- amended. teen hundred thirteen, entitled "An act to regulate the construction and operation of moving picture shows and theatres showing moving pictures in which celluloid films are used, to provide for an inspection fee for operating the same, and to place supervision of such shows and theatres under the department of the State Fire Marshal," are hereby amended to read as follows:

TITLE.

title.

An Act to regulate the construction and operation of moving Amended picture shows and theatres showing moving pictures, to provide for an inspection fee for operating the same, and to place supervision of such shows and theatres under the department of the State Fire Marshal.

SEC. 1. No moving picture machine shall hereafter be Unlawful installed in any building to which the public is admitted ex installation. cept as hereinafter provided, and no audience room in which exhibitions of moving pictures are given shall hereafter be opened to the public except when in full compliance with the requirements of this act. Provided, however, That this act Proviso, shall not apply to moving picture exhibitions given solely for act not to religious, benevolent, educational and mechanical and scien- certain tific demonstrative purposes, when in the giving of such exhibitions there is used only a special size moving picture machine, constructed for the sole use of non-inflammable films

apply to

exhibitions.

Inspection by fire marshal.

Fee.

Proviso,

limit of fees.

of such size and perforations that standard films cannot be operated thereon.

SEC. 15. Every motion picture show, theatre or other amusement place or audience room in the State of Michigan showing motion pictures shall be inspected by the State Fire Marshal, his deupty, or assistant State Fire Marshal not less than twice each year. The owner of a moving picture show, theatre or other amusement place or audience room showing motion pictures shall pay to the State Treasurer for each inspection, the sum of ten dollars, and all money so paid shall be credited to the State fire marshal fund for the use of the fire marshal department: Provided, however, That no more than twenty dollars shall be collected for such inspections in any one year on account of any one place of amusement or other audience room.

Approved May 11, 1915.

Retirement fund board.

Terms of office.

Vacancies.

Officers of board. Terms.

[No. 174.]

AN ACT to provide for a retirement fund for teachers in certain cases.

The People of the State of Michigan enact:

SECTION 1. There shall be a teachers' retirement fund board, hereinafter called the retirement fund board, consisting of the Superintendent of Public Instruction and five other members appointed by the Governor. At least one of such members shall be a woman teacher in the public schools. The first appointments shall be made within ten days after this act takes effect. The members of such board first appointed shall hold office respectively for terms of one, two, three, four and five years from August one, nineteen hundred fifteen, to be designated in the appointments. Their successors shall be appointed for terms of five years. A vacancy in the office of any member shall be filled for the unexpired term by the Governor.

SEC. 2. There shall be a president, a vice-president and a secretary of said board to be elected by a majority vote of the members of the board. The president and vice-president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board, but shall not exceed three years. The secretary shall not be a member of the board. His salary or compensation shall be fixed by the compensation. board, but shall not exceed eighteen hundred dollars a year. The members of the board shall serve without compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing

Secretary,

Expenses.

meetings.

services as members thereof. The board shall meet annually Annual at Lansing, on the first Friday in October, and shall hold meeting. such other meetings as they deem necessary. If a member of Absence from the board be absent from two consecutive meetings without reasonable excuse for such absence, accepted by the board, his office shall be declared vacant by the board, and such vacancy filled as herein before provided.

moneys.

SEC. 3. The State Treasurer shall be ex-officio treasurer Treasurer of the retirement fund and shall be the custodian thereof. of fund. The moneys belonging thereto shall be deposited by him in banks or trust companies, subject to the same provisions of Care of law as regulate the deposit of State funds. The retirement fund board shall determine from time to time the investment Investment. of the permanent retirement fund, but each investment shall be subject to the approval of the State Treasurer and such fund shall only be invested in those securities in which savings bank deposits may be lawfully invested.

SEC. 4. The retirement fund board, subject to the provi- Powers of sions of this act, shall have power:

(1) To select such employes as may be necessary to carry into effect the provisions of this act, and fix their compensation and prescribe their duties;

(2) To investigate all matters relating to the operation of this act, and for that purpose to subpoena witnesses and compel their attendance to testify before it. Any member of the board may administer oaths or affirmations to such witnesses;

(3) To require all boards, officers and persons having duties to perform hereunder in respect to contributions by teachers to the retirement fund, to report from time to time on such matters relating to such contribution as it shall deem advisable, and to prescribe the form of such reports;

(4) To draw its warrants upon the State Treasurer for the payment of annuities to teachers who have been retired as provided in this act, and for the purchase of such securities as the board shall have decided to purchase as herein provided. No payment shall be made from the teachers' retirement fund, except upon warrant drawn pursuant to resolution duly adopted by the board and signed and attested as the board may prescribe;

board.

increase of

(5) To increase the contributions from the teachers according to the provision made in section six of this act: Provided, That such increase shall not be made until the Proviso, contributions from all sources, not including the principal contributions. of the permanent fund, are insufficient to carry out the provisions of this act: Provided, That after collecting the addi- Proviso, tional contributions as above provided, should there still be pro rata insufficient funds in any year to pay all annuities in full, then, and in such case, each teacher entitled to an annuity, shall be paid pro rata in same proportion as the amount of money on hand is to the amount due.

payments.

SEC. 5. The retirement fund board shall make rules not Rules.

What to provide.

Contributions to retirement fund.

inconsistent with the provisions of this act, which, when approved by the Superintendent of Public Instruction, shall have the force and effect of law.

Such rules shall:

(1) Provide for the conduct and regulation of the meetings of the board and the transaction of its business;

(2) Prescribe the manner of payment of contributions by teachers to the retirement fund, and the payment and methods of payment of annuities therefrom;

(3) Establish a system of accounts, showing the condition of said fund, the receipts, expenditures and investments;

(4) Prescribe the forms of all accounts, warrants, reports and other documents to be used by all persons and officers having duties to perform under this act;

(5) Regulate the performance of duties of boards of education, trustees, and other officers and persons, imposed upon them by this act in respect to the contributions by teachers to the retirement fund, and the deduction of such contributions from teachers' salaries.

SEC. 6. (1) All teachers, except those, who, being under contract when this act takes effect, do not elect to come under its provisions, shall contribute to the retirement fund according to the following provisions:

(a) A teacher who shall have taught five years or less, in this State or elsewhere in public schools, shall contribute one-half per centum of his or her annual contractual salary, Proviso, but not more than five dollars during any year: Provided, contributions. That the retirement fund board may increase the contributions to one per centum of his or her annual contractual salary, but to not more than ten dollars in any year.

increase of

Proviso, idem.

Proviso, idem.

Who deemed to have agreed to contribute.

Contribution

by teachers employed.

(b) A teacher who shall have so taught more than five years, but less than fifteen years, shall contribute one per centum of his of her annual contractual salary, but not more than ten dollars during any year: Provided, That the retirement fund board may increase the contribution to two per centum of his or her annual contractual salary, but to not more than twenty dollars during any year.

(c) A teacher who shall have so taught fifteen years or more, shall contribute two per centum of his or her annual contractual salary, but not more than twenty dollars during any year: Provided, That the retirement fund board may increase the contribution to three per centum of his or her annual contractual salary, but to not more than thirty dollars during any year.

(2) After this act takes effect, every teacher contracting to teach in the public schools, including all who under any previous contract of employment have not elected to come under this act, shall, by so contracting, be conclusively deemed to agree to pay and to authorize the deduction from salary of the assessments herein provided.

(3) Any person who when this act takes effect is employed as a teacher in the public schools, may within the unexpired

term of such employment elect to come under the provisions of this act by notifying in writing the retirement fund board, and at the same time filing with the local school board or other body vested with control of such schools, a duplicate of such notice and an authorization to deduct from each subsequent installment of salary the proper assessment, as herein prescribed.

SEC. 7. Boards of education, trustees, and other school au- Deductions thorities, having duties to perform in respect to the payment from of salaries to school teachers who are under this act, shall cause to be deducted from each installment of salary of such teachers the pro rata amount due from such teachers to the teachers' retirement fund, and forward the same to the treasurer thereof, as prescribed by the retirement fund board. Every officer and person failing to perform any duty pre- Failure scribed by this act, shall be liable to a penalty of fifty dol- to comply. lars for each offense, to be recovered in an action of debt in Penalty. the name of the people of the State of Michigan. And in case of any such liability, the Attorney General, upon requisition of the retirement fund board, shall prosecute and recover the Recovery and penalty herein provided, and when recovered pay the same to the treasurer of the school district who shall place the same to the credit of the library fund of the said district.

disposition.

ment thirty

SEC. 8. A teacher who has taught for a period or periods Annuities aggregating thirty years, of which period at least fifteen upon retireyears, including the last five years of service preceding the years' service. application for retirement, shall have been spent in the public schools in this State, shall, upon and during retirement from actual service as a teacher on or after December one, nineteen hundred fifteen, be entitled to an annuity of a sum equal to one-half of the average annual contractual salary paid to said teacher during the last five years of service, but no such annuity shall exceed five hundred dollars nor be less than three hundred dollars. A teacher who has taught for a period Twenty-five or periods aggregating twenty-five years, of which period at years' service. least fifteen years, including the last five years of service preceding the application for retirement, shall have been spent in the public schools of this State, shall, upon and during retirement from actual service as a teacher, on or after December one, nineteen hundred fifteen, be entitled to an annuity which bears the same ratio to the annuity provided for on retirement after thirty years of service as the total number of years of service of said person bears to thirty years. A teacher who, having taught in the public schools of this State for a period or periods aggregating fifteen years Fifteen or more and being in the judgment of the employing board years' service. either physically or mentally incapable of teaching, is deemed deserving of an annuity by the retirement fund board, may be retired, and shall, upon retirement, be entitled to an annuity of as many thirtieths of the full annuity herein provided after thirty years' service as said teacher has taught years in the public schools of this State. The time spent in

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