proceeding is pending showing his interest in such suit or proceeding, enter an order of course therein that the same shall, as far as he is concerned, proceed against him in his proper name as a codefendant with the other persons defendant therein as herein provided, and upon service of a copy of said affidavit and order and notice of the filing and entry thereof upon the complainant or his solicitor, together with notice of entry of the usual order of appearance, said cause shall from that time proceed as in all other causes in chancery, but the right and interest of such person so appearing shall be open to question upon the hearing of such cause or proceeding and in any other manner now provided by law.

SEC. 8. On the hearing of any suit or proceeding under this Decrees, act, if the allegations of the bill or petition are proven to the satisfaction of the court, and if it shall appear that the claims or possible rights of the defendants in the subject matter of the suit are of no validity and ought to be barred, the court shall decree accordingly; or if there are valid liens existing, or possible, uncertain or doubtful conditions to be construed, it shall make a decree determining their nature, validity or extent which shall determine the rights of all parties complainant or defendant, and shall be effectual to exclude all parties to such suit contrary to such determination, and shall have the same effect as a release by the holder thereof of every actual or possible claim which such decree shall find to be without validity, and if the effect of such decree is to Recording of quiet the title to lands, or if it in any way concerns the title ing real estate to real estate, a certified copy thereof may be recorded in the office of the register of deeds of any county where said lands or any part of the same are situated. The court may award costs in its discretion.

Approved May 26, 1909.

decree affect

[No. 124.]

AN ACT to amend act number thirty-two of the public acts of nineteen hundred five, entitled "An act to amend the title and section one of act number ninety-one of the public acts of nineteen hundred three, entitled 'An act to authorize the several courts of the State having jurisdiction in criminal cases to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act.'"

The People of the State of Michigan cnact:

amended.

SECTION 1. Section one of act number ninety-one of the pub- Section lic acts of nineteen hundred three, entitled "An act to authorize the several courts of the State having jurisdiction in crimi

Probation, when certain defendants may be

placed on.

Custody and supervision.

nal cases to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act," as amended by act number thirty-two of the public acts of nineteen hundred five, is hereby amended to read as follows:

SEC. 1. Provided the defendant has never before been convicted in this State or elsewhere of a felony other than simple larceny, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where discretion is conferred on the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases. where it may appear to the satisfaction of the court that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

First, Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer, or some other suitable person, and under such terms and conditions as it Recognizance, may require, and may require a recognizance with one or more sufficient sureties and in such penalty as the court may deem reasonable, conditioned for the appearance of the respondent at such times as the court may order;

May revoke probation.

Pronounce judgment.

Second, At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may in its discretion revoke and terminate such probation. Upon such revocation and termination the court may immediately pronounce judgment, imposing fine or imprisonment, or both, at any time thereafter within the longest period for which the defendant might have been sentenced. The from custody. Court whenever satisfied that the respondent has sufficiently reformed, that it is reasonably certain that he will not thereafter pursue a life of crime, may terminate said probation and discharge the respondent from custody. Approved May 26, 1909.

Or discharge

[No. 125.]

AN ACT to provide for the incorporation and regulation of co-operative and mutual protective associations of railway conductors and engineers.

The People of the State of Michigan enact:

associations,

SECTION 1. Any number of railway conductors and loco Cooperative motive engineers, not less than seven, who shall be residents incorporation of this State, desiring to become a body corporate for the of purpose of carrying on upon the assessment or co-operative plan the business of providing indemnity to members, not exceeding five hundred dollars, for loss of position arising from discharge or retirement, may, by complying with the provisions hereof, become, with those railway conductors and locomotive engineers that may hereafter be associated with them, or their successors, a body corporate and politic.

association.

SEC. 2. The persons proposing the formation of such cor- Articles of poration shall associate by signing articles of association in duplicate and acknowledging the same before some officer of this State authorized to take acknowledgment of deeds, who shall append thereto his certificate of such acknowledgment. SEC. 3. Such articles shall state:

Articles of incorporation,

First, The names of the persons associating in the first in- what to state. stance and their respective places of residence;

Second, The name by which such corporation shall be known in law, the place in this State where its principal office for the transaction of business is to be located, and the period for which it is to be incorporated, not to exceed thirty years: Provided, That the name of such corporation shall not be similar to that of any other corporation organized under the laws of this State and shall contain the words "mutual" or "co-operative" used in such a manner as to indicate that the company is carried on upon a mutual or assessment plan; Third, The object of the incorporation, the number of classes or divisions of members therein and the object or purpose of such classification or division; all of which shall be definitely and correctly stated;

Fourth, In what manner and amount assessments, premiums, or payments are to be required from the members, the purposes and objects to which the moneys so realized are to be appropriated, and the names and objects of each fund into which any such money shall be paid, together with the amount or proportion of the assessments which is to be placed in the respective funds, and shall provide that not more than per centum of any assessment shall

be used for the purpose of paying expenses;

Fifth, The number of its trustees and regular officers and the time and place of holding the annual meeting of the members;

Articles to whom submitted. where filed.

Body corporate.

Recording certified.

Evidence of incorporation.

Articles,

when void.

When may Commence business.

Oath, etc.

Sixth, Any other matters not inconsistent with this act as may be approved by the Attorney General and the Commissioner of Insurance as hereinafter provided.

SEC. 4. Upon the execution and acknowledgment of such articles the same shall forthwith be submitted to the Attorney General and Commissioner of Insurance for examination and if such articles shall be found to comply with the provisions of this act, said officers shall respectively endorse the same with their approval and said articles shall thereupon be filed and recorded in the office of the Secretary of State and in the office of the clerk of the county in which the principal office of the corporation is located and a certified copy thereof shall be filed in the office of the Commissioner of Insurance.

SEC. 5. Upon the recording and filing of such articles as aforesaid, the signers thereof shall, with those who may thereafter become associated with them, become and be a body corporate and politic for the purposes set forth in said articles. The Secretary of State and the county clerk aforesaid shall each certify on said articles the fact of recording as aforesaid, giving the date and book and page of record The original articles or the record thereof or a copy thereof certified by the Secretary of State or the Commissioner of Insurance shall be prima facie evidence in all proceedings, of the due formation, existence and capacity of such corporation; but such articles of association shall become void on the expiration of one year from the date of record thereof unless a certificate of authority to do business has been issued as hereinafter provided.

SEC. 6. Such corporation shall not commence business unless it shall have procured bona fide agreements for indemnity therein from at least two hundred eligible persons, which shall be an amount of not less than five hundred dollars each, and shall have received at least one assessment thereon in cash from each of said persons according to the rate and plan set forth in its articles of association, which amount so received in cash shall aggregate at least two hundred dollars; nor until it is fully organized by the election of proper and suitable officers and the secretary and treasurer shall have given good and sufficient bonds to the association, to be held by the president of the association, for the faithful performance of their duties, which bonds shall be not less than two thousand dollars and shall be at least twice the amount of money liable to come into their hands as such officers at any one time, said bonds to be approved by the Commissioner of Insurance. The president and secretary of such corporation shall furnish under oath to the Commissioner of Insurance proof of such agreements for indemnity, giving the name, residence, age and amount of indemnity applied for by each applicant and the amount of assessment actually paid by each applicant, and also proof of the

election and qualification of the officers, and the custodian of the funds of such corporation shall furnish to the Commissioner of Insurance a certificate under oath that he has received and holds in trust for the benefit of such applicants the sum of two hundred dollars or more.

authority,

SEC. 7. Upon compliance with the provisions of this act Certificate of and upon the payment of a fee of ten dollars for the benefit issuance of. of the State to the Commissioner of Insurance, he shall issue to the corporation so complying a certificate of authority to do business in this State for the period of one year from the first day of April of the year of its issue unless the same be sooner revoked.

govern.

SEC. 8. Except as herein specifically provided and in all Act to respects not inconsistent with the provisions of this act, associations organized hereunder shall be governed by and subject to all the provisions of act number one hundred eighty-seven of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws providing for the incorporation of co-operative and mutual benefit associations, and to define the powers and duties and regulate the transaction of the business of all such corporations and associations doing business within this State," as amended and now in force.

Approved May 26, 1909.

[No. 126.]

AN ACT making appropriations for the Michigan State Normal College for current expenses for the fiscal years ending June thirty, nineteen hundred ten, and June thirty, nineteen hundred eleven, and for building and special purposes for said institution for the fiscal year ending June thirty, nineteen hundred ten, and for building and special purposes for the fiscal year ending June thirty, nineteen hundred eleven, and to provide a tax to meet the same.

The People of the State of Michigan enact:

expenses.

SECTION 1. There is hereby appropriated for the current Appropriation, expenses of the Michigan State Normal College for the fiscal current year ending June thirty, nineteen hundred ten, the sum of one hundred forty-five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred eleven, the sum of one hundred forty-five thousand dollars.

school

SEC. 2. The further sum of six thousand dollars is hereby Training appropriated for said institution for the fiscal year ending building. June thirty, nineteen hundred ten, for the completion and equipment of the new part of the training school building.