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audit claims.

Supervisors to of the county by filing the same with the county clerk. The said board of supervisors shall, as soon as may be, proceed to audit the said bill, and if found that the expenses were necessarily incurred, the services actually and necessarily performed and the amounts claimed for such expenses and services are severally just and reasonable under the circumstances, the said board of supervisors shall allow the same or such parts thereof as the majority of the members elect of said board shall deem just, and provide for their immediate payment by the said county; and in auditing such accounts said several boards of supervisors shall have full power to examine into the merits of all claims presented to them in accordance with the provisions herein contained, and may subpoena witnesses and take any other measures necessary to arrive at the truth of the same; and the said board of supervisors is hereby empowered, if necessary, to issue orders or borrow money on the faith and credit of the county to pay all such necessary bills and expenses and to include the same in the next appropriation of money to be raised by taxation in said county: Provided, The board of supervisors or county board of auditors shall fix the maximum fee and mileage for medical attendance upon contagious diseases chargeable to the county, and shall authorize the superintendents of the poor, upon the application of any board of health of a township, city or village, to contract with a physician or physicians to attend contagious diseases. Approved May 18, 1909.

Payment of claims.

Proviso, fee for mileage and medical attendance.

Moneys,
how deposited.

Proviso, deposits.

[No. 99.]

AN ACT authorizing the board of supervisors of any county,
or the board of auditors in those counties having a board
of county auditors, to designate a bank or banks as a
depository or depositories of county moneys, and prescrib-
ing the duties of certain officers relative thereto, and
prescribing certain penalties for the violation of its pro-
visions.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the county treasurer of any county to deposit daily all moneys, drafts or checks on hand belonging to the county, in such bank or banks as may be designated by the board of supervisors, or the board of county auditors in counties having a board of county auditors, as hereinafter provided: Provided, That in case no such bank shall be located at the county seat of the county,

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proviso.

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 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 designation 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,

how credited.

Bonds, new and additional.

Deposits,

SEC. 4. All interest moneys so paid by any bank or banks on the deposits as aforesaid, shall be credited to and form a part of the general fund of the county.

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.

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 determination and take proofs as to the alleged insanity of such person,

Sanity,

of.

Jury,

summoning of.

Fees.

Temporary detention of patients.

Proviso.

Order for admission.

Bond.

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

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