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Premiums, etc.

Proviso.

Bond of commissioner.

Commissioner to give and

assistants.

cause to be created in the State treasury a fund to be known as "accident fund." Each such employer shall contribute to this fund to the extent of such premiums or assessments as the commissioner shall deem necessary to pay the compensation accruing under this act to employes of such employers or to their dependents, which premiums and assessments shall be levied in the manner and proportion hereinafter set forth. There shall be maintained in said accident fund a sufficient amount of cash to pay current losses and expenses, and the balance may be invested by the Commissioner of Insurance and the State Treasurer acting together, in such securities as are specified in section four of act number seventy-seven of the public acts of eighteen hundred sixty-nine, for deposit by insurance companies with the State Treasurer. All such securities shall be purchased and may be sold at such time, in such manner and in accordance with such rules and conditions as may be prescribed and required by the joint action of said Insurance Commissioner and State Treasurer: Provided, however, That no such investment shall be made nor any securities sold or disposed of except by and with the consent and approval in writing of the Board of State Auditors. The Commissioner of Insurance shall give a good and sufficient bond in the sum of twenty-five thousand dollars, executed by some surety company authorized to do business in the State of Michigan, covering the collection and disbursement of all moneys that may come into his hands under the provisions of this act. The premium on said bond shall be paid out of the general funds of the State on an order of the Auditor General. Said bond must be approved by the Board of State Auditors.

SEC. 9. The Commissioner of Insurance shall issue proper take receipts. receipts for all moneys so collected and received from employers, as aforesaid, shall take receipts for all sums paid to employes for compensation under the provisions of this act, and shall keep full and complete records of all business transDeputies and acted by him in the administration of such funds. He may employ such deputies and assistants and clerical help as may be necessary, and as the Board of State Auditors may authorize, for the proper administration of said funds and the performance of the duties imposed upon him by the provisions of this act, at such compensation as may be fixed by Expenses, how said Board of State Auditors, and may also remove them. The paid. Commissioner of Insurance and such deputies and assistants shall be entitled to receive from the State their actual and necessary expenses while traveling on the business of the board, but all such salaries and expenses so authorized by the provisions of this act shall, when audited and approved by the Board of State Auditors, be charged to and paid out of said accident fund. He shall include in his annual report a full and correct statement of the administration of such fund, showing its financial status and out standing obli

Annual accounting of fund.

gations, the claims, and the amount paid on each claim, claims not paid, claims contested and why, and general statistics in respect to all business transacted by him under the provisions of this act.

how and when

SEC. 10. All payments on account of injuries to employes Payments, from said accident fund shall be made only upon the certifi- made. cate of the Commissioner of Insurance, which certificate shall be in accordance with the agreement for compensation as approved by the Industrial Accident Board; such certificate shall be filed with the Auditor General, who shall thereupon draw his warrant on the State Treasurer against said accident fund. If at any time there shall not be sufficient money in said fund wherewith to pay the same, the employer on account of whose workmen it was that such warrant was drawn, shall pay the same, and he shall be credited upon his next following contribution to such fund the amount so paid, with interest thereon at the legal rate, from the date of such payment to the date such next following contribution becomes payable, and if the amount of the credit shall exceed the amount of the contribution, he shall be repaid such excess. Approved April 16, 1913.

[No. 80.]

AN ACT to amend section sixteen of act number 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," as amended by act number one hundred of the Public Acts of nineteen hundred nine.

The People of the State of Michigan enact:

amended.

SECTION 1. Section sixteen of act number two hundred Section 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," as amended by act number one hundred of the Public Acts of nineteen hundred nine, is hereby amended to read as follows:

Application

for order for admission,

who may make.

Hearing.

Notice,

service of.

Guardian ad litem.

Inquest.

When jury summoned.

SEC. 16. The father, mother, husband, wife, brother, sister, or child of a person alleged to be insane, or the sheriff or any superintendent of the poor, or supervisor of any 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 the hearing thereof, and shall appoint two reputable physicians 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 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 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 fully investigate the facts before making such 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

etc.

patient, when

the sanity or insanity of the alleged insane person. The Jurors' fees, 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 Proviso. 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 Private for the support of such insane person, at such asylum, in ac- admitted as. cordance with the by-laws thereof, shall be executed by at least two persons or by some surety company authorized to do business in this State, to be approved by such probate court, and delivered to him, together with such sum, as an advance payment towards 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 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 in- When county sane person is ordered as a public patient, then the county support. 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 or surety company executing such bond to justify their responsibility anew, or order that a new bond be given in the 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

liable for

Court may

dian.

time of such request, be regarded as a public patient. If the relatives or friends of such insane person shall so request, 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 person or persons to take such insane person to the asylum, 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 appoint guar- 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 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 Form of order for admission. The order for admission shall be substantially for admission. in the following form:

Bond.

State of Michigan,

The Probate Court of the County of

At a session of said court, held at the probate office in the

on the

Present, Hon.

In the matter of

... of
day of

hearing the petition of
said

as a

.in said county,

.... A. D. 19.. Judge of Probate.

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be admitted to the patient, and due notice of the hearing of said petition having been given as required by law and as directed by said court, the said petitioner appeared

It appearing to the court upon filing the certificates of two legally qualified physicians, and after a full investigation of said matter with the verdict of is insane

a jury that said

and a fit person for care and treatment in said asylum, and
that
should be admitted to said

asylum as a

It is ordered, That said

patient.

be

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