fee two per cent of the gross premiums or deposits for the preceding calendar year, deducting all amounts distributed to subscribers or credited to their accounts.

(574) SEC. 12. Except as herein provided no law of this state shall apply to the exchange of such indemnity contracts.

Insurance of County Buildings.

[R. S. '46, ch. 14.]

(575) § 2543. SEC. 44. When directed by the board of Insurance of buildings of supervisors, the county treasurer shall cause to be insured county. any or all the public buildings belonging to the county, as said board shall direct, and the insurance thereon shall be taken in the name of the treasurer, and his successors in office.

collect moneys

(576) § 2544. SEC. 45. In case of the destruction of, or Treasurer to damage done to the buildings so insured, the treasurer shall in case of have authority, and it shall be his duty, to demand and re- damage. ceive the moneys which shall be due on account of such insurance, and in case of neglect or refusal to pay the same, he shall sue for and collect such moneys in his name of office whenever directed by the board of supervisors, and pay the same into the county treasury, to be used in repairing or rebuilding such public buildings.

Under this section, the supervisors have no authority to expend money received from insurance upon public buildings for any other purpose than the reconstruction of the same.-Att'y General v. Alcona supervisors, 167/ 667.

Computation of Taxable Property.

[Act 206, P. A. 1893.]

property, how assessed.

(577) § 3834. SEC. 11. All corporate property, except Corporatewhere some other provision is made by law, shall be assessed to the corporation as to a natural person, in the name of the corporation. The place where its office is located in its articles of incorporation shall be deemed its residence: Pro- Proviso. vided, Its business is actually transacted at such office; but if it shall establish its principal office in any other place than the place named in its articles of incorporation, then the place where it transacts its principal business shall be deemed its residence for all the purposes of this act. If there be no principal office in this state, then at the place in this state, where such corporation or agent transacts busi

Further proviso.

Property of certain corporations exempt.

Property of insurance companies, how computed.

ness: Provided further, That all the personal property of all corporations heretofore or hereafter organized under the laws of this state for the purpose of engaging in maritime commerce or navigation shall be assessed only in the city, village or township which is stated in their original articles of association or in any amendment thereof heretofore or hereafter made to be the location of their general office for business. The property of corporations paying specific taxes shall be exempt as to the property covered by such taxation, except when otherwise provided by law. All other property of such corporation shall be taxed under this act. In computing the taxable property of insurance companies organized under the laws of this state, the value of the real property on which a company pays taxes shall be deducted from its net assets above liabilities, as determined and shown by the last report of the commissioner of insurance, including in such liabilities the legal reserve required by the laws of this state, or the regulations of the insurance department, and the remainder shall be the personal property for which the company shall be assessed.

Am. 1903, Act 235.

Taxation of insurance companies.-Insurance Co. v. Assessors, 91/517; Id. 95/466.

This section indicates an intention to tax the property of the company. and not a design to impose a franchise tax.-F. & M. Ins. Co. v. Hartz. 132 / 518. Prior to the amendment of 1903, the reinsurance reserve fund of an insurance company was not considered a debt in the ordinary sense of the term and did not entitle the company to the exemption of an equal amount of credits from taxation.-Id. And it was properly included among liabilities in determining the net assets of an insurance company for the purpose of taxation under this section. Mich. Mut. Life Ins. Co. v. Detroit Com. Council, 133/408. Place of residence, see Detroit v. Lothrop Estate Co., 136/265; Transportation Co. v. Detroit Assessors, 139 / 1. property.--Portsmouth Twp. v. Cranage Steamship Co., 148 / 230.

Situs of

Where suits against, may be brought.

CHAPTER XII.-LEGAL PROCEEDINGS.

An Act to authorize suits to be brought against insurance companies organized under the laws of this state, in the circuit court of any county in this state, in which the plaintiff shall reside, and such company issue policies or take risks.

[Act 178, P. A. 1881.]

The People of the State of Michigan enact:

(578) § 10444. SECTION 1. Suits may be commenced, tried and disposed of against insurance companies, or cooperative and mutual benefit associations, having for their object insurance against any risk, organized under the laws of this state, by any member of said company or association, or other person, in the circuit court of any county in this state in which the plaintiff resides, and such company issues

policies, certificates of membership, or takes risks, in the same manner and with like effect as if the suits were brought in the county where such company or association has its principal office.

Am. 1901, Act 51.

For the purpose of commencing suit a mutual benefit association must be regarded as an insurance company, within the laws of the state.-Miner v. Mich. Mut. Ben. Ass'n, 63/341. Justices of the peace have jurisdiction against foreign insurance companies where the cause of action accrues within this state.-McLean v. Prudential Ins. Co., 130/591. Does not apply to fraternal beneficiary societies organized under Chapter 212, C. L., 1897, as amended.-Monger v. New Era Association, 145/ 683.

menced.

(579) $10445. SEC. 2. Such suits may be commenced How comby declaration or writ, which may be served upon any agent or officer of such company or association, residing or found within the county where the suit is brought, or in any county in this state, by the sheriff of any county where such agent or officer may be found, or by the sheriff of the county where the principal office of such company or association is located.

Am. Id.

awarded.

(580) SEC. 3. The trial judge may, where there is a re- Costs, how covery by plaintiff in any suit commenced by virtue of this act, award costs to plaintiff, notwithstanding the fact that the amount recovered is less than one hundred dollars. Added Id.

An Act to provide for bringing suits against co-operative and mutual benefit insurance societies and associations organized under the laws of other states or territories and doing business in this state.

[Act 174, P. A. 1885.]

The People of the State of Michigan enact:

be served on

(581) § 10429. SECTION 1. Every mutual benefit or co- Process may operative society or association organized or incorporated un- commissioner der the laws of any other state, territory or country for the of insurance. purpose of paying a sum of money to some beneficiary upon the death or physical disability of a member thereof, shall, if it have any member or members residing in this state, make Written stipuand file with the commissioner of insurance a written stipu- filed with lation, duly authenticated by such society or association, commissioner. stipulating and agreeing that any legal process affecting such society or association served on the insurance [commissioner] commissioners or his deputy shall have the same effect as if personally served on the society or association.

lation to be

begun in any

(582) § 10430. SEC. 2. Suit may be begun against such Suits may be society or association in any county in this state in which county. the plaintiff resides or in which such society or association

Failure to file agreement.

of misde

meanor.

has members holding certificates of membership, and service of process as provided in the preceding section shall be a sufficient personal service on the society or association.

(583) § 10431. SEC. 3. In case any such society or association shall fail to file such stipulation as aforesaid with the commissioner of insurance, the service of any such process as aforesaid may be made upon the presiding officer, or any vice president, secretary, treasurer, or trustee, or director of any such society or association, or upon the presiding officer of any branch organization or subordinate body thereof within this state, with like force and effect as if made When guilty personally upon such society or association; and any person who shall collect, receive or remit any money on assessments or otherwise for or to any such society or association which shall not have within this state any one of the officers or persons aforesaid on whom service may be made as aforesaid, and which shall not have filed such aforesaid stipulation within thirty days after this act shall take effect, shall be deemed guilty of a misdemeanor and upon conviction thereof shall, for each offense, be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not to exceed three months, or by both such fine and imprisonment, in the discretion of the court.

Penalty for.

To apply to.

(584) § 10432. SEC. 4. This act shall apply to all [manner] manners of foreign co-operative and mutual benefit societies and associations having members residing in this state.

Company to stipulate as to service of process.

An Act relative to the service of process upon insurance companies not incorporated under the laws of this state.

[Act 155, S. L. 1873.]

The People of the State of Michigan enact:

(585) § 10015. SECTION 1. That no life, fire, inland, or marine insurance company, not incorporated under the laws of this state, shall insure property or do business in this state, until it has filed with the commissioner of insurance a written stipulation, duly authenticated by the company, stipulating and agreeing that any legal process affecting such company, served on the insurance commissioner or his deputy, shall have the same effect as if personally served on the company or its authorized attorney in this state.

An action may be brought in the county of plaintiff's residence, or in any county where service can be had upon a duly authorized agent of the defendant; the statute not being intended however to extend the jurisdiction so as to confer it upon any other court of the state.-Smith v. Provident Savings Life Assurance Soc., 159 / 167. See also People v. Fidelity & De posit Co., 163/99.

to transmit

panies, etc.

(586) § 10016. SEC. 2. The commissioner of insurance Commissioner shall, within three months from the passage of this act, trans- copies of this mit a copy thereof, with proper blanks for such stipulation, act to comto every company authorized to do business in this state, and shall receive and file the stipulations herein provided for, and the same shall be safely kept in his office.

not to be re

(587) § 10017. SEC. 3. So long as any liability of such Stipulation stipulating company to any resident of this state shall con- voked while tinue, such stipulation shall not be revoked or modified, ex- liability cept that another shall be filed according to law.

exists.

cording to sufficient.

(588) 10018. § SEC. 4. Service of process, according to Service aca stipulation provided in this act, shall be sufficient personal stipulation service on the company. (589) § 10019. SEC. 5. A copy of such stipulation, cer- Evidence of tified by the commissioner of insurance or his deputy, and a certificate that process has been duly served on him or his deputy, shall be a sufficient evidence thereof.

service.

shall be

(590) § 10020. SEC. 6. When process against or affect- How service ing any company is served on the commissioner of insurance, made. or his deputy, the same shall be by duplicate copies, one of which shall be filed in the office of said commissioner and the other by him immediately mailed, postage prepaid, to the home office of the company, or such branch or general agency of the company, or to the address of the authorized resident attorney in this state, as the company may designate in such stipulation.

There is no exception in this section and it applies to all cases of suits against foreign insurance companies.-Hartford Fire Ins. Co. v. Owen, 30/ 444.

cess" defined.

(591) § 10021. SEC. 7. The word "process" in this act Word "proshall include any writ, declaration, summons, order, or subpoena whereby any action, suit, or proceeding at law, or in chancery, shall be commenced against any such insurance company, whether such suit or proceeding is connected with the insurance business of such company in this state or not, and whether such suit or proceeding is founded upon any claim or demand connected with such business of insurance, or upon matters growing out of such business, or whether it is founded or based upon any other claim or demand, whatever may be the nature of such claim or demand.

a

This provision as to the meaning of the word "process" clearly includes summons in garnishment.-Insurance Co. v. Judge, 105/566.