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such deposits shall be made as soon as practicable after such funds are received by such county treasurer: Provided Further further, That nothing herein contained shall prevent the proviso. county treasurer from keeping on hand in his office such reasonable sum as may be necessary in conducting the affairs of such office. All moneys so deposited in such bank or Interest. banks shall bear interest at such a rate to be approved by the board of supervisors or the board of county auditors, as the case may be, to be computed upon average daily balances, and placed to the credit of the county on the thirty-first day of December and the thirtieth day of June in each year, and at any time the account may be closed. SEC. 2. It shall be the duty of the county clerk of any Sealed bids. county, at least thirty days prior to the annual session of the board of supervisors in the year nineteen hundred nine, and not later than the first day of October in each year thereafter that a general election occurs, to send notices to each bank in the county soliciting sealed bids for the deposit of all public funds belonging to the county, said first desig nation to be for one year from and after the thirty-first day of December, nineteen hundred nine, but thereafter to be designated for a period of two years next ensuing, which said bids shall be by the clerk delivered unopened to the board of supervisors at its annual meeting, or to the county board of auditors at its first meeting next after the receipt of such proposals by the clerk, and they shall be opened and read, and such board may, for any reason by it deemed sufficient, reject any and all bids and order the disposition of such bids and funds as hereinafter specified. If one or Contract more of such bids shall be deemed satisfactory by such board, it may contract with such bank or banks tendering such satisfactory bid or bids for the safe keeping of all county funds and agreeing to give good and ample security for the safe keeping and reimbursement of the same whenever called for; said funds so held by such bank or banks Account to be subject to be drawn on account current by the county current. through its proper officer.

with bank.

SEC. 3. Before any deposit shall be made with any bank Bond. or banks as aforesaid, such bank or banks shall execute and deliver to the board of supervisors or the board of county auditors, as the case may be, a good and sufficient bond in an amount at least equal to the maximum amount to be deposited in such bank, and with such sureties as shall be approved by such board and the prosecuting attorney of the county. Said bonds shall be made to the county and shall be conditioned for the safe keeping and repayment of such moneys or any part thereof on demand and the payment of said interest, and shall contain such other conditions as may be required by the board of supervisors or the board of county auditors, not inconsistent with the provisions of this act.

Interest,

SEC. 4.

All interest moneys so paid by any bank or banks how credited. on the deposits as aforesaid, shall be credited to and form a part of the general fund of the county.

Bonds, new and additional.

Deposits,

SEC. 5. The board of supervisors or the board of county auditors is hereby authorized to require new and additional bonds or security from the county treasurer and from the depository or depositories at any time or times, when it shall deem the interest of the county requires it shall be done to protect the county against loss or risk of loss of any moneys deposited or to be deposited with such county treasurer or county depository or depositories.

SEC. 6. The board of supervisors or the board of county withdrawal of auditors, whenever it shall deem it unsafe to continue said deposits with any such bank or banks, or if it deem the security insufficient, may direct the county treasurer to withdraw said deposits from such bank or banks, and it shall thereupon be the duty of said treasurer to withdraw such deposits as so directed: Provided, That if any bank or banks should suspend payment of its deposits while it may hold deposits of said public moneys as a depository under the provisions of this act, the county treasurer and his bail or bondsmen shall not be liable for the amount of any loss that may be occasioned or sustained without the negligence of the county treasurer, by such suspension.

Proviso, county

treasurer, etc., not liable.

Powers and duties, how

performed.

SEC. 7. All powers conferred and duties imposed upon exercised and the boards of supervisors or the boards of county auditors under the provisions of this act, shall, in those counties having a board of county auditors, be exercised and performed by such board of county auditors exclusively.

Interest.

Penalty.

SEC. 8. It shall be the duty of the county treasurer to keep the accounts of the treasurer with all banks or depositories, where any moneys of the county may be kept or deposited, upon the regular books of his office, so that each item of all such accounts shall appear thereon. All items of interest, which may become due the county from depositories, shall be entered on the books of the treasurer when received in such a manner that it shall appear upon what account and for what time such interest accrued.

SEC. 9. Any person guilty of a violation of any of the provisions of this act shall on conviction thereof be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court. Approved May 18, 1909.

[No. 100.]

AN ACT to amend section sixteen of act two hundred seventeen of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws organizing asylums for the insane and to regulate the care, management and use thereof, and to provide for the apprehension of persons believed to be insane, and for their care and custody."

The People of the State of Michigan enact:

SECTION 1. Section sixteen of act two hundred seventeen Section of the public acts of nineteen hundred three, entitled "An amended. act to revise and consolidate the laws organizing asylums for the insane and to regulate the care, management and use thereof, and to provide for the apprehension of persons believed to be insane, and for their care and custody," is hereby amended to read as follows:

petition for

asylum.

relative to

service of.

SEC. 16. The father, mother, husband, wife, brother, sis- Who may ter or child of a person alleged to be insane, or the sheriff, admission of or any superintendent of the poor, or supervisor of any insane to township, or any peace officer within the county in which the alleged insane person resides or may be, may petition the probate court of said county for an order directing the admission of said person to an asylum or institution for the care of the insane, such petition to contain a statement of the facts upon which the allegation of insanity is based and because of which the application for the order is made. Upon receiving such petition the court shall fix a day for Duty of court the hearing thereof and shall appoint two reputable phy- hearing. sicians to make the required examination of the alleged insane person, whose certificate shall be filed with the court on or before such hearing. Notice of such petition, and of Notice, 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 insane, and if made by a sheriff or peace officer, also upon the father, mother, husband, wife or some one of the next of kin of full age, of such alleged insane person, if there be any such known to be residing within the county, and upon such of said relatives residing outside of the county and within this State as may be ordered by the court, and also upon the person with whom such alleged insane person may reside or at whose house he may be. This notice may be served in any part of the State. The court to whom the petition is presented may dispense with such personal service or may direct substituted service to be made upon some person to be designated by it. The court shall state in a certificate to be attached to the petition its reason for dispensing with personal service of such notice, and, if

When guardian appointed.

Sanity,

determination

of.

Jury,

summoning of.

Fees.

Temporary detention of patients.

Proviso.

Order for admission.

Bond.

substituted service is directed, the name of the person to be served therewith. In such cases the court shall appoint a guardian ad litem to represent such insane person upon such hearing, and in other cases it may appoint such guardian ad litem. The court shall also institute an inquest and take proofs as to the alleged insanity of such person, and shall in all cases take proofs in writing as to the financial circumstances of the person and the financial circumstances of his relatives legally liable for his support, and as to the person's legal settlement, and shall make a full investigation of the above facts before making an order, and if no jury is required the probate court shall determine the question of the sanity or insanity of such person. If the court shall deem it necessary, or if such alleged insane 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 twelve freeholders having the qualifications required of jurors in courts of record shall be summoned to determine the question of insanity, 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 the sanity or insanity of the alleged insane person. The jurors shall receive the same fees for attendance and mileage as are allowed by law to jurors in the circuit court. Pending such proceedings for admission into the asylum, if it shall appear upon the certificate of two legally qualified physicians to be necessary and essential so to do, the court may order the alleged insane person to be placed in the custody of some suitable person or to be removed to the asylum of the district in which he resides, or to any hospital, home or retreat, to be detained until such petition can be heard and determined: Provided, however, That the period of such temporary detention shall not exceed thirty days, unless the court shall by special order enlarge the time. The alleged insane person shall have the right to be present at such hearing, unless it shall be made to appear to the court, either by the certificate of the medical superintendent of the asylum or the officers in charge of such hospital, home or retreat to which he may have been temporarily admitted, or 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 insane, the court shall immediately issue an order for his admission to an asylum. If at the time of or before the making of such order, a bond for the support of such insane person at such asylum, in accordance with the by-laws thereof, shall be executed by at least two persons to be approved by such probate court and delivered to him, together with such sum

patient.

as an advance payment toward his support as such by-laws may require, the admission of such insane person shall be ordered as a private patient, otherwise as a public patient. Such bond and advance payment, together with the order of admission, shall be transmitted by the probate court to the medical superintendent of the asylum. Until such bond Public and advance payment are delivered to the medical superintendent, the insane person shall be admitted into the asylum only as a public patient. The county in which such proceeding is had shall be liable to the State for the support of such patient until such bond and advance payment are delivered to the medical superintendent. In case the admission of such insane person is ordered as a public patient, then the county of which such person is a resident shall be liable to the State for the support of such patient for one year. At the request of the medical superintendent, the court shall require the persons executing such bond to justify their responsibility anew or order that a new bond be given in place of the original one, 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, the insane person shall from the time of such request be regarded as a public patient. If Private the relatives or friends of such insane person shall so re- patient. quest, the court shall order his admission as a private patient to any institution, home or retreat for the care or treatment of the insane in this State, other than one of the asylums of the State, upon such relatives or friends complying with the rules and regulations of such institution, home or retreat for the admission and support of the insane person as a private patient. The court may appoint a proper When may person or persons to take such insane person to the asylum, appoint institution, home or retreat, who shall each receive as pay for such services the sum of three dollars per day, together with his necessary expenses. The court, upon making such order for admission into an asylum, if in his judgment a guardian of such insane person is needed before a guardian of his or her person and estate can be readily appointed, may, by a separate order and without further notice, appoint summarily a guardian of the person only of such insane person, which guardianship of the person shall continue only until a guardian both of his person and estate shall be regularly appointed. Such guardian of the person shall give a bond in such sum as may be directed by the court and with sureties to be approved by the court. The guardian shall Powers and have the same rights and be subject to the same duties with respect to the person of his ward as guardians of incompetent or insane persons have by law, except that he shall not interfere with the admission and detention of the insane person pursuant to the order for admission. The order for Form of admission shall be substantially in the following form:

guardian.

duties.

order.

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