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and marine insurance companies transacting business within this State," approved April three, eighteen hundred and sixty-nine, as amended by the several acts amendatory thereof, be amended by adding thereto section forty-two of said act, as follows:

organized under

States may take

relieves from

SEC. 42. Any mutual insurance company organized under the Companies laws of any other State, in the United States, possessed of not less laws of other than two hundred thousand dollars in premium notes (face value) certain risks, of solvent parties, and not less than ten thousand dollars, either of etc., when. cash on deposit, or securities immediately convertible into cash for that amount, which would or shall limit its business to the class of risks hereinafter named, may be admitted to take risks upon mills, factories, and their accessories, such as elevators, warehouses, lumber yards, stores, and other property forming a part of such manufacturing property, and transact such business in this State, on Compliance with complying with the provisions of the act of which this is amenda- provisions, tory, as to fire insurance companies, so far as the same may be appli- penalties, etc. cable to mutual fire insurance companies, and compliance with the provisions of this act within the six months next succeeding its going into effect, by any company, shall be deemed to relieve the companies so complying, from all penalties or disabilities imposed, or sought to be imposed, by section six of an act entitled "An act to prevent the soliciting or issuing of unauthorized fire or inland marine insurance policies in this State," and approved May twelve, eighteen hundred and eighty-one, or under any other statutes of this State, except as herein otherwise provided: Provided, how- Proviso. ever, That no such company shall be admitted until it has paid into the office of the State treasurer, a specific tax of three per cent on the gross amount of all cash premiums received by it, for insurance on property situated in this State, prior to the time when this

mium construed.

commissioner

act takes effect: And provided further, That no insurance com- Further proviso. pany which has violated the provisions of said act, shall be admitted until it has paid into the office of the State treasurer a penalty of two hundred and fifty dollars. The term premium as used in How term prethis section, for the purpose of taxation, shall be construed to mean all moneys either heretofore or hereafter received by any insurance company, whether as original payments, or by way of subsequent assessments on premium note, and no other moneys. Before being Schedules to be admitted to do business under the provisions of this section, each furnishe of said mutual insurance companies shall furnish to the commis- of insurance. sioner of insurance, a schedule of the notes held by it, no one of which shall exceed the sum of five thousand dollars, and each yearly statement shall contain a similar schedule. The solvency of which notes shall be subject to the approval of said commissioner, who may revoke the authority of any company to do Revocation of business in this State, at any time when a reduction of fifteen per companies, etc. cent has been made in its notes, or assets required by this section. The notes required by this section, shall be liable to assessment by Notes liable to any of said companies, for any of its losses, and shall constitute a assessment. first lien on the insured property. In ascertaining the amount of Computing prepremiums upon which the tax is to be computed by any company, tax to be paid. no deduction for re-insurance shall be made except the re-insurance

authority of

miums on which

Owners may

adopt brand, etc.

is in companies authorized to do business in this State. Mutual
companies shall not re-insure any risk, except by consent of the
insured, and detailed statements of all re-insurances by such com-
panies shall be included in the annual statements filed in the insur-
ance bureau by them.

This act is ordered to take immediate effect.
Approved May 25, 1883.

[No. 122.]

AN ACT to provide for marking and branding live-stock.

SECTION. 1. The People of the State of Michigan enact, That every person who has cattle, horses, hogs, sheep, goats, or any other domestic animals, may adopt an ear-mark or brand, which ear-mark To be recorded. or brand may be recorded in the office of the county clerk of the

Proviso.

Duties of county clerks in recording.

Fee for.

Penalty for brand,

county where such cattle, horses, hogs, sheep, goats, or other domestic animals shall be: Provided, That the mark or brand so adopted and recorded shall be different from all other marks or brands, adopted and recorded in such county.

SEC. 2. It shall be the duty of the county clerks of the several counties of this State, to keep a book in which they shall record the mark or brand adopted by each person who may apply to them for that purpose, for which they shall be entitled to demand and receive twenty-five cents.

SEC. 3. If any person shall mark or brand, or alter or deface the changing, etc., mark or brand of any horse, mare, colt, jack, jenny, jennet, mule, or any one or more head of neat cattle or sheep, goat, hog, shoat, pig, or other domestic animal, the property of another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, he shall be deemed guilty of felony, and shall be punished by imprisonment at hard labor in the State prison, not to exceed two years, or by fine of not more than two hundred dollars, or both, in the discretion of the court.

This act is ordered to take immediate effect.
Approved May 25, 1883.

Section amended.

[ No. 123. ]

AN ACT to amend section nine of act fifty-eight, of the session laws of eighteen hndred and seventy-one, approved March twentyninth, eighteen hundred and seventy-one, being compiler's section two thousand two hundred and ninety, relative to the corporate rights of trust, deposit, and security companies.

SECTION 1. The People of the State of Michigan enact, That section nine of act fifty-eight, of the session laws of eighteen hundred and seventy-one, approved March twenty-ninth, eighteen hundred and seventy-one, being compiler's section two thousand two

hundred and ninety, be and the same is hereby amended so as to read as follows:

accept and exe

on deposit.

security in

(2290.) SEC. 9. Any corporation organized under this act shall Corporation may have power, in and by its corporate name, to accept and execute any cute trusts. trust which may be created by instruments in writing, appointing such corporation, trustees, for any lawful purpose, or which may be conferred upon it as executor or administrator of the estate and effects of any deceased person, by any last will and testament of any deceased person, or by appointment of the probate court of any county in this State, and to act as such trustee, executor, or administrator, in any and all matters embraced in such trust, or contemplated by such appointment; to take and receive from any May take what, individual or corporation on deposit for safe keeping and storage, gold and silver plate, jewelry, money, stock, securities, and other valuable and personal property, and may have power to collect coupons, interest, and dividends, on said above described securities, and to rent out the use of safes and other receptacles on their To rent use of premises, upon such terms and for such compensation as may be safes, etc. agreed upon; to become security for administrators, guardians, or May become other trustees, or persons in cases where by law or otherwise one certain cases, or more sureties are required, for a rate of compensation and upon such terms and conditions as shall be established by the directors of any such corporation. Such corporation shall have a lien on any To have lien gold and silver plate, jewelry, money, stocks, securities, and other dep valuable and personal property taken or received on deposit by it for safe keeping, as provided in this act, and in case such lien shall not be paid within two years from the date such lien shall accrue, or in case any property so taken or received by it shall not be May sell propcalled for by the person or persons so depositing the same, or his or tain cases. their legal representatives or assigns within two years from the date of the accruing of any lien upon the same, then such corporation may sell such property at public auction upon like notice as is required by law for constable sales on execution, and after retaining from the proceeds of such sale all liens and charges due and owing at the time of said sale, and the reasonable expenses of the same, shall pay the balance thereof to the person or persons so depositing such property, or his or their legal representatives or assigns. Approved May 25, 1883.

[ No. 124. ]

AN ACT to authorize cities and villages to take private property for the use or benefit of the public, and to repeal act number twenty-six, of the public acts of eighteen hundred and eightytwo.

on property deposited.

erty in cer

etc., authorized.

SECTION 1. The People of the State of Michigan enact, That the Common council, common council of any city, and the board of trustees of any village in this State, is hereby authorized to take private property for the use or benefit of the public, within the limitation of the State

How and when proceedings commenced.

attorney to insti

constitution, and to institute and prosecute proceedings for that purpose.

SEC. 2. Such proceedings may be commenced and prosecuted under this act, whenever the common council or board of trustees shall have declared a public improvement to be necessary in the municipality, and shall declare that they deem it necessary to take private property, describing it, for such public improvement, designating it, and that the improvement is for the use, or benefit, of City or village the public. They shall, by resolution, direct the city or village tute proceedings, attorney to institute the necessary proceedings in behalf of the municipality, in the proper court, to carry out the object of the resolution in regard to taking private property by the city or vilJurisdiction of lage. Jurisdiction is hereby conferred upon the circuit court for the county in all cases brought under this act: Provided, That in cities having a recorder's court, the proceedings shall be instituted and prosecuted in that court, and in cities having a superior court, and no recorder's court, such proceedings shall be instituted and prosecuted in such superior court.

circuit courts.

Proviso.

Petition to be

What petition to state.

SEC. 3. The city or village clerk shall make and deliver to such filed by attorney. attorney, as soon as may be, a copy of such resolutions, certified under seal, and it shall be the duty of such attorney, to prepare and file in the name of the city or village, in the court having jurisdiction of the proceeding, a petition signed by him in his official character, and duly verified by him, or by some person having knowledge of the facts; to which petition a certified copy of the resolutions of the common council, or board of trustees, shall be annexed, which certified copy shall be prima facie evidence of the action taken by the common council or the board of trustees, and of the passage of said resolutions. The petition shall state, among other things, that it is made and filed as commencement of judicial proceedings by the municipality, in pursuance of this act, to acquire the right to take private property for the use or benefit of the public, without consent of the owners for a public improvement, designating it, for a just compensation to be made. A description of the property proposed to be taken shall be given, and generally the nature and extent of the use thereof, that will be required in making and maintaining the improvement, shall be stated, and also the names of the owners, and others interested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall also state that the common council, or board of trustees, has declared such public improvement to be necessary, and that they deem it necessary to take the private property, described in that behalf, for such improvement, for the use or benefit of the public. The petition shall ask that a jury be summoned and empaneled to ascertain and determine whether it is necessary to take such private property, as it is proposed to take, for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or things, and may pray for any other or further relief, to which the municipality may be entitled, within the object of this act.

summons.

SEC. 4. Upon receiving such petition, it shall be the duty of the Clerk to issue clerk of said court to issue a summons against the respondents named in such petition, stating briefly the object of said petition, and commanding them, in the name of the people of the State of Michigan, to appear before said court, at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause, if any they have, why the prayer of said petition should not be granted.

summons.

person of un

ent is a non

SEC. 5. Said summons shall be served by the sheriff, under sheriff, Service of or a deputy sheriff, of the county, at least five days before the return day thereof, upon all the respondents found within the county, by exhibiting the original, and delivering a copy to each of them. If any respondent, who is a resident of the county, cannot be found, the summons shall be served by leaving a copy thereof at his or her usual, or last place of abode, with some person of suitable age and discretion. If any minor, or person of unsound mind, is interested When minor or in the premises to be taken, service may be made upon the guar- sound mind is dian of such person, if any, and if there is no guardian the court interested. may appoint some discreet and proper person, to be guardian for such person, in such proceedings; any such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of When respond the summons that any respondent cannot be found in the county, resident. and has not been served in the manner provided, or is a non-resident, and has not voluntarily appeared, the court may make an order requiring such respondent, or respondents, to appear and show cause why the prayer of the petition should not be granted, on a day to be named in the order, not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served upon such respondents wherever found, if practicable, at least six days before the time named in the order for appearance; or the court may make such order for appearance, and Service by require, as to any or all such non-resident respondents who shall not have been served, and have not appeared, that service be made. by publishing a certified copy of such order, for three successive weeks, at least once in each week, in at least one newspaper published within the municipality, if there be one, and if not, then in a paper published in the county, the last publication to be at least six days before the day fixed in the order for appearance. Alias and Alias and pluries pluries summons may be issued, and the court may adjourn the proceedings from time to time, as there shall be occasion, and as in other civil cases. Service of such order for appearance, in either mode prescribed, shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The Return of return of the officer upon the summons, and an affidavit of the due service, or publication of the order for appearance, if any, shall be filed in the clerk's office before a jury shall be empaneled, and be sufficient evidence of service on the respondents and of the manner of service.

publication.

summons.

officer.

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