society, after the existence of one year or more, shall have a membership of less than four hundred or shall determine to discontinue business, the Commissioner of Insurance may present the facts relating thereto to the Attorney General, who shall, if he deem the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction, and such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that • such society should be closed, said society shall be enjoined from carrying on any further business, and some person shall be appointed receiver of such society, and shall proceed at once to take possession of the books, papers, moneys and other assets of the society, and shall forthwith, under the direction of the court, proceed to close the affairs of the society and to distribute its funds to those entitled thereto. No such proceedings shall be commenced by the Attorney Notice, etc. General against any such society until after notice has been duly served on the chief executive officers of the society and a reasonable opportunity given to it, on a date to be named in said notice, to show cause why such proceedings should not be commenced. The Commis- Foreign societies, ex SEC. 25. Application for receiver, etc. No application for When receiver injunction against or proceedings for the dissolution of or appointed, etc. the appointment of a receiver for any such domestic society or branch thereof shall be entertained by any court in this State, unless the same is made by the Attorney General. SEC. 26. Examination of foreign societies. sioner of Insurance, or any person whom he may appoint, amination. may examine any foreign society transacting or applying for admission to transact business in this State. The said commissioner may employ assistants, and he, or any person he may appoint, shall have free access to all the books, papers and documents that relate to the business of the society, and may summon and qualify as witness under oath and examine its officers, agents and employes and other persons in relation to the affairs, transactions and conditions of the society. He may, in his discretion, accept in lieu of such examination the examination of the insurance department of the state, territory, district, province or country where such society is organized. The actual expenses of examiners making any Examiners' such examination shall be paid by the society upon statement who to pay. furnished by the Commissioner of Insurance. expenses, submit. If any such society or its officers refuse to submit to such Refusal to examination or to comply with the provisions of the section relative thereto, the authority of such society to write new business in this State shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this State. Adverse publications. When license revoked. Review of findings, etc. Certain societies exempted. Domestic societies. SEC. 27. No adverse publications. Pending, during or af ter an examination or investigation of any such society, either domestic or foreign, the Commissioner of Insurance shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affecting the status, standing or rights of any such society, until a copy thereof shall have been served upon such society, at its home office, nor until such society shall have been afforded a reasonable opportunity to answer any such financial statement, report or finding, and to make such showing in connection therewith as it may desire. SEC. 28. Revocation of license. When the Commissioner of Insurance on investigation is satisfied that any foreign society transacting business under this act has exceeded its powers, or has failed to comply with any provisions of this act, or is conducting business fraudulently, or is not carrying out its contracts in good faith, he shall notify the society of his findings, and state in writing the grounds of his dissatisfaction, and after reasonable notice require said society, on a date named, to show cause why its license should not be revoked. If on the date named in said notice such objections have not been removed to the satisfaction of the said commissioner, or the society does not present good and sufficient reasons why its authority to transact business in this State should not at that time be revoked, he may revoke the authority of the society to continue business in this State. All decisions and findings of the commissioner made under the provisions of this section may be reviewed by proper proceedings in any court of competent jurisdiction, as provided in section sixteen of this act. SEC. 29. Exemption of certain societies. Nothing contained in this act shall be construed to affect or apply to grand or subordinate lodges of Masons, Odd Fellows or Knights of Pythias (exclusive of the insurance department of the Supreme Lodge Knights of Pythias), and the Junior Order of United American Mechanics (exclusive of the beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics), labor organizations or societies which limit their membership to any one occupation or religious denomination, nor to similar societies which do not issue insurance certificates, nor to an associa tion of local lodges of a society now doing business in this State which provides death benefits not exceeding five hundred dollars to any one person, or disability benefits not exceeding three hundred dollars in any one year to any one person, or both, nor to any contracts of reinsurance business on such plan in this State, nor to domestic societies which limit their membership to the employes of a particular city or town, designated firm, business house or corporation, nor to domestic lodges, orders or associations of a purely relig ious, charitable and benevolent description, which do not provide for a death benefit of more than one hundred fifty dollars, or for disability benefits of more than one hundred fifty dollars to any one person in any one year. The Commissioner of Insurance may require from any society such information as will enable him to determine whether such society is exempt from the provisions of this act. benefit Any fraternal benefit society, heretofore organized and in- Fraternal corporated and operating within the definition set forth in societies. sections one, two and three of this act, providing for benefits in case of death or disability resulting solely from accidents, but which does not obligate itself to pay death or sick benefits, may be licensed under the provisions of this act, and shall have all the privileges and shall be subject to all the provisions and regulations of this act, except that the provisions of this act requiring medical examinations, valuations of benefit certificates, and that the certificate shall specify the amount of benefits, shall not apply to such society. SEC. 30. Taxation. Every fraternal benefit society organ- Taxation. ized or licensed under this act is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every State, county, district, municipal and school tax, other than taxes on real estate and office equipment. SEC. 31. Penalties. Any person, officer, member or exam- Misdemeanor, ining physician of any society authorized to do business un- penalty. der this act who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any society transacting business under this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court; and any person who shall wilfully make a false False statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall wilfully make any false statement in any verified report or declaration under oath required or authorized by this act, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this State in relation to the crime of perjury. statements. Any person who shall solicit membership for, or in any Unlawful manner assist in procuring membership in any fraternal bene- soliciting, fit society not licensed to do business in this State, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized as herein provided to do business as herein defined in this State, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. Penalty for violations. Any society, or any officer, agent or employe thereof neglecting or refusing to comply with, or violating any of the provisions of this act, the penalty for which neglect, refusal or violation is not specified in this section, shall be fined not exceeding two hundred dollars upon conviction thereof. SEC. 32. All acts and parts of acts inconsistent with this act are hereby repealed. Approved May 2, 1913. Edible frogs, open season. Proviso. Possession unlawful. Misdemeanor, what deemed. Penalty. Leave of absence, etc. [No. 170.] AN ACT to provide for the protection of all species of edible frogs in this State; to regulate the sale, storage and serving of frogs in hotels, restaurants or public eating places; and providing penalties for the violations of this act. The People of the State of Michigan enact: SECTION 1. Hereafter it shall be unlawful to kill or take in any manner whatsoever any species of edible frogs in this State from November first in any year to June first in the year following: Provided, however, That the killing or tak ing of frogs for fish bait shall not be unlawful. SEC. 2. No person or persons shall have in their possession, between the dates above specified, any frogs or any portion of the carcass of said frogs, for the purpose of sale or the purpose of serving for consumption in any hotel, restaurant or public eating place in this State. SEC. 3. Any person or persons killing or taking or selling or offering for sale or serving or offering to serve any frog, or portion of the carcass thereof, between the dates specified in section one of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding ten dollars, or by imprisonment not exceeding ten days, in the discretion of the court. Approved May 2, 1913. [No. 171.] AN ACT to fix the leaves of absence and furloughs of officers and men in the fire departments of cities having over two hundred fifty thousand inhabitants. The People of the State of Michigan enact: SECTION 1. In cities having over two hundred fifty thousand inhabitants, officers and men in the fire department shall each be entitled to a leave of absence of one day of twentyfour hours off duty in every four days, and a furlough of twenty days once in each year. Approved May 2, 1913. [No. 172.] AN ACT authorizing the acceptance by the State of a certain tract of land in Crawford county on certain conditions, providing for its control and management when so accepted, and making an appropriation for the purpose of making improvements thereon. The People of the State of Michigan enact: accept certain SECTION 1. The military board of the State of Michigan Authority to is hereby authorized and empowered to accept from the owner lands. or owners thereof, for and in behalf of the State of Michigan, all those certain pieces or parcels of lands situated in Crawford county in this State, described in section two of this act, by deed of gift, in fee simple, free from lien of taxes or other encumbrances, upon the conditions and for the purposes prescribed in section three hereof. SEC. 2. The lands mentioned in section one hereof are de- Description. scribed as follows, to wit: The east one-half of the northeast one-fourth of section two; east one-half of northwest onefourth of section two; northwest one-fourth of northwest onefourth of section two; west one-half of southwest one-fourth of section two; southeast one-fourth of the southwest onefourth of section two; north one-half of the southeast onefourth of section two; entire section three; east one-half of section four; southwest one-fourth of section four; south onehalf of the northwest one-fourth of section four; northwest one-fourth of northwest one-fourth of section four; entire section five; east one-half of southeast one-fourth of section six; southwest one-fourth of southeast one-fourth of section six; south one-half of northeast one-fourth of section six; northwest one-fourth of northeast one-fourth of section six; northeast one-fourth of northwest one-fourth of section six; east one-half of section seven; southwest one-fourth of section seven; southeast one-fourth of northwest one-fourth of section seven; northwest one-fourth of the northwest one-fourth of section seven; northwest one-fourth of section eight; west one-half of southwest one-fourth of section eight; southeast one-fourth of southwest one-fourth of section eight; lot one of section eight; lot three of section eight; northeast onefourth of section ten; northeast one-fourth of southeast onefourth of section ten; southeast one-fourth of section eleven; north one-half of southwest one-fourth of section eleven; northwest one-fourth of section eleven; west onehalf of northeast one fourth of section eleven; east one-half of section fourteen; southwest one-fourth of section fourteen; north one-half of northwest one-fourth of section fourteen; lot one section sixteen; lot two section sixteen; lot three section sixteen; lot four section sixteen; southwest onefourth of southeast one-fourth of section sixteen; south one |