Where may be sued, etc.

Shares, personal property, etc.

Tax on real estate.

Responsibility

mortgages, or notes and mortgages on unincumbered real estate within the State of Michigan, worth double the amount secured thereby, or in public stocks and bonds of the United States, or any State of the United States that has not defaulted on its principal or interest within ten years; or of any organized county or township, or incorporated city or village, or school district in this State, or in any other such State, duly authorized to be issued, or in such real or personal securities as they may deem proper.

SEC. 12. Any such corporation may be sued or proceeded against in the county in which its principal office shall be located, and service of any legal process against any corporation formed under this act, may be made on the president, secretary, cashier, or any other officer who may be found within such county; or if neither of them can be found, then by posting a copy of such process in some conspicuous place in the principal office of such corporation.

SEC. 13. The shares of stock of the corporations established under this act shall be deemed personal property, and shall betransferable only on the books of such corporations in such manner as their by-laws shall prescribe. All real estate owned by any such company may be taxed as other real estate in the city, village or township where the same may be situated, and the residue of its capital shall be taxed as personal property; but the assessment thereof for taxation shall not be at a greater rate than is assessed on money capital in the hands of individual citizens in the same city, village or township.

SEC. 14. The stockholders of every corporation or association of stockholders. formed under this act shall be held individually responsible equally and ratably, and not one for another, for all contracts, debts and engagements of such corporation to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares. But no person holding stock therein as executor, administrator, trustee, receiver, or guardian, and no person holding such stock as collateral security, shall be personally liable as a stockholder in such company, but the estate and funds of said executor, administrator, trustee, receiver, or guardian shall be liable in like manner, and to the same extent as the testator or intestate, or the ward or person interested in such trust fund would have been if living, and competent to act and hold stock in his own name.

Report.

SEC. 15. Every company organized under the provisions of this act shall report its condition and operations as often, and on the same dates, and publish the same, as banks doing business under the laws of this State are required to report to the commissioner of the banking department; and all such companies shall be Inspection, etc. subject to the inspection and supervision of the commissioner of the banking department, and the charges for such inspection and supervision shall be the same as provided in section forty of the When receiver general banking laws of the State of Michigan. Whenever an execution issued on any judgment recovered in a court of record in this State against such corporation shall have been returned unsatisfied and the commissioner of the banking department shall

may be appointed.

receiver.

have ascertained that the same cannot be collected by reason of the insolvency of such corporation, or in case the said corporation shall be engaged in carrying on business in violation of any provision of this act, and shall not cease such violation forthwith after notice to it so to do by said commissioner of the banking department, the commissioner of the banking department may forth with, with the approval of the Attorney General, apply to a court of competent jurisdiction for the appointment of a receiver for such corporation. Notice shall be given of such application to such corporation, and such receiver, if appointed, under the direction of such court shall take possession of the books, records Duty of 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 debts and sell 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 liability of the stockholders. Such receiver shall pay over all moneys so Idem. -collected or received to the State Treasurer and also make report to the commissioner of all his acts and proceedings, and the moneys so collected by said receiver shall be distributed in the same manner as provided in the case of an insolvent bank in the general banking law of the State of Michigan.

corporations

SEC. 16. The provisions of this act shall apply to and govern What all corporations now existing and organized under act number this act to fifty-eight of the session laws of eighteen hundred and seventy-one govern, etc. and amendments thereto, except that any such corporations may continue to do business with the amount of capital provided in said last named act, and all such corporations shall, on or before the first day of January next following the time when this act becomes operative, file with the commissioner of the banking department a certificate, executed by the president and secretary of each company in substantial conformity to the requirements of original articles of incorporation, provided for in section three of this act.

SEC. 17. Act number fifty-eight of the session laws of eighteen Acts repealed. hundred and seventy-one, approved March twenty-ninth, eighteen hundred and seventy-one, entitled "An act to provide for the incorporation of trust, deposit and security companies," being chapter eighty-eight of Howell's Annotated Statutes, also act number one hundred and twenty-three of the session laws of eighteen hundred and eighty-three, approved May twenty-fifth, eighteen hundred and eighty-three, entitled "An act to amend 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, relative to the corporate rights of trust, deposit and security companies," are hereby repealed. This act is ordered to take immediate effect. Approved May 23, 1889.

Sections amended.

Duty of prosecuting attorney.

Of city attorney.

Common council

[No. 109.]

AN ACT to revise and amend sections four, five, six, eight, nine, ten, seventeen and twenty of an act entitled "An act to revise and amend sections four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen,seventeen, nineteen and twenty of an act entitled 'An act to establish and organize a municipal court in the city of Grand Rapids, to be known and called the police court of Grand Rapids,' and to repeal an act entitled An act to establish and organize a police court in the city of Grand Rapids,'" approved April thirtieth, eighteen hundred and seventy-three, and all amendments thereto, and all acts and parts of acts in any wise contravening the provisions of this act, being act number seventy-six of the session laws of eighteen hundred and seventy nine, approved May thirteen, eighteen hundred and seventy-nine, being act number one hundred and twenty-seven of the session laws of eighteen handred and eighty-five, approved May twenty-eight, eighteen hundred and eighty-five.

SECTION 1. The People of the State of Michigan enact, That sections four, five, six, eight, nine, ten, seventeen and twenty of an act entitled "An act to revise and amend sections four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, seventeen, nineteen and twenty of an act entitled 'An act to establish and organize a municipal court in the city of Grand Rapids, to be known and called the police court of Grand Rapids,' and to repeal an act entitled An act to establish and organize a police court in the city of Grand Rapids,'" approved April thirtieth, eighteen hundred and seventy-three, and all amendments thereto, and all acts and parts of acts in any wise contravening the provisions of this act, being act number seventy-six of the session laws of eighteen hundred and seventy-nine, approved May thirteen, eighteen hundred and seventy-nine, being act number one hundred and twenty-seven of the session laws of eighteen hundred and eighty five, approved May twenty-eight, eighteen hundred and eighty-five, be and the same are hereby amended to read as follows:

SEC. 4. It shall be the duty of the prosecuting attorney of the county of Kent, or his authorized deputy or assistant, to attend all sessions of said police court, and prosecute all State criminal cases therein; and it shall be the duty of the city attorney, or any assistant authorized by the common council, to attend all sessions of said court, to prosecute all violations of the charter, by-laws or ordinances therein.

SEC. 5. The police judge shall hold a court in said city, at a for holding Place suitable place, to be provided by the common council thereof, to police court. be styled the police court, and which shall not be a court of Power of police record. Said police judge shall have power and authority to take

court.

complaints, issue all processes necessary in said court, to be signed by or attested in the name of said judge, and the court shall have the same power to punish contempts and preserve order, to

compel the attendance of witnesses, parties and jurors, and determine as to the qualifications of jurors, and such further powers incident to a circuit court, and the judge thereof, as may be convenient in the exercise of the jurisdiction and powers herein conferred upon him as such court; he shall also have all the powers and authority of a justice of the peace, except in the trial of civil cases. And in every trial in said court by jury, the Peremptory city or the people, as the case may be, shall be entitled to but two peremptory challenges, and the accused to but two peremptory challenges.

challenges, etc.

SEC. 6. Said police court shall have exclusive original jurisdiction Jurisdiction. to issue process for, hear, try and determine all cases against persons charged with violations of the provisions of the charter of said city, or of any act of the Legislature relating to the government thereof, and of the by-laws and ordinances of the common council thereof, already enacted, or that may hereafter be enacted, anything in any other law of this State or the charter of said city or any ordinance of said city contained to the contrary thereof notwithstanding; and all the provisions of law relative to complaints against offenders for violations of the provisions of the charter of said city or any by-law or ordinance of the common council of said city or of the acts aforesaid and relative to process, proceedings and judgments therein, and relative to executions upon such judgments and proceedings thereon shall apply to said police court. Said police court shall also have exclusive original Idem. jurisdiction to issue process for, hear, try and determine all cases of misdemeanor, and of a quasi criminal nature, committed within the corporate limits of said city heretofore or hereafter within the jurisdiction of justices' courts, anything otherwise herein or in any other law of this State contained to the contrary thereof in any wise notwithstanding. Said police court shall also have exclusive original jurisdiction to issue process for, hear, try and examine, and to hold to bail or discharge all persons charged therein with the commission of felonies within the corporate limits of said city. Said police court shall have authority to sentence any person convicted therein of the commission of a misdemeanor and triable in justice courts of this State, the same as justices of the peace may by law do. It shall not be necessary to file a record of any conviction had in said court, but the dockets or Docket or journal entries and file shall be prima facie evidence of all journal entries proceedings had in said court. And in all cases of the violation facia evidence, of the provisions of the charter, by-laws or ordinances of said city, each member of the police force may make arrest without process when committed in his presence, in which case complaint when arrest and [arraignment] arrangement shall be made without delay, so may be made. that no injustice shall be done.

to be prima

etc.

without process

SEC. 8. The police judge and clerk shall receive no fees or perquisites for their services performed under this act, but in lieu Fees prohibited. thereof the police judge shall receive an annual salary of one

thousand and eight hundred dollars, one-half of which shall be Salary of judge.

paid by the city of Grand Rapids monthly in the manner provided by law for the salary of the judge of the superior court of Grand Rapids, and one-half of which shall be paid by the treasurer of the county of Kent, out of the treasury of said county, in the manner provided by law for the payment of the salary of the Salary of clerk, prosecuting attorney. The clerk of said police court shall receive an annual salary, to be paid in the manner herein provided for the payment of the salary of the police judge, of twelve hundred dollars, one-half of which shall be paid by said city and one-half thereof by the treasurer of the county of Kent, out of the treasury of said county. Neither the chief of police nor any member of salary of police. the police force of said city shall be entitled to receive for his own use any fees for services performed under this act, but in lieu thereof the chief of police and members of the police force of said city shall receive such annual salary as shall be fixed by the board of police and fire commissioners of the city of Grand Rapids.

Prohibition of fees and fixing

Common council to provide office

etc.

SEC. 9. It shall be the duty of the common council of said city for judge, clerk, to provide a suitable office for the judge and clerk of said court adjacent to the court room thereof, as near as may be, and such necessary furniture, light, fuel, records, blanks, stationery and other articles as may be required for the judge, court, clerk, jury and other officers of said court; the office of said judge not to be with that of the clerk.

Court to be open at all times.

adjournment of.

One police

officer to assist bailiff.

bailiff.

SEC. 10. The police court shall always be open for business, but may adjourn its sittings from day to day and from time to time as may be convenient and not inconsistent with the dispatch of Examinations, business therein. Cases and examinations pending in said court may be adjourned from time to time, not exceeding three months from the arraignment of the accused therein, unless the court shall be satisfied by proper evidence that the attainment of justice requires a further continuance, and then only for such further time as the exigency of the case for the attainment of the object aforesaid shall require. One member at least of the police force of said city shall attend each session of said court to assist the Appointment of bailiff. The judge of said court shall appoint a good and competent elector of said city bailiff of said court, which appointment shall be in writing signed by said judge and filed with the clerk of said court as the files or record thereof; thereupon said clerk shall make a duly certified copy of such appointment to and file the same with the board of police and fire commissioners of the city of Grand Rapids, which said board shall at that time or at its first session thereafter, by a proper To have police resolution, duly clothe such person with police powers, and who shall thereupon be a policeman of said city, vested with all the powers, rights and liabilities of such officer and of police constables, but not to receive pay as such policeman. The person thus appointed may be removed at the pleasure of such judge; such Salary of ball, bailiff shall receive a salary at the rate of eight hundred dollars per year, to be paid in the same manner as the salary of the judge of said court is paid; and upon a vacancy occurring in said office by removal or otherwise, the same shall be immediately filled as

powers.

how paid, etc.