shall elect the secretary and treasurer and such other officers teen hundred and day of A. D., nine SEC. 2. Such articles of organization shall be subscribed who shall to by at least twenty-five retail lumber dealers of the State subscribe. of Michigan, who are owners of not less than fifty thousand dollars' worth of stock in retail lumber yards, which shall be insured by such association, and when so signed shall be filed in the office of the Insurance Commissioner of this State. After the articles of association have been filed with Attorney the commissioner, with proof that policies to cover the amount General, of insurance have been applied for, they shall be examined of articles by. by the Attorney General, and if found in conformity with the law, the Commissioner of Insurance shall issue a certificate that said association is duly organized and is entitled to do business under the laws of this State. examination SEC. 3. The general management of the business of said Management, association shall be vested in a president and six directors, how vested. cach of whom shall, during his term of office, either be a policy holder in said association, or shall be a member of a firm or association or a stockholder in a corporation which shall be a policy holder in said association. The officers of Election of such company shall be elected as follows: The signers of officers. the articles of association shall elect from their number a president and six directors, of whom the president and three directors shall hold their offices until the first annual meeting or until their successors are elected, and three directors until the second annual meeting; and at the first annual meeting thereafter, three members of said board of directors shall be elected for a term of two years each. The president shall be elected annually by the policy holders and, by virtue of his office as president of the association, shall be a member of the board of directors and also president of the same. The board of directors shall fix the time and place for hold- Annual ing the annual meeting and shall elect a secretary, treas- meeting. urer and such other officers as may be provided for by the by-laws, whose duties and compensation shall be such as may be provided for in the by-laws. SEC. 4. Such association, before commencing its business, By-laws. shall prepare and adopt by-laws, which shall prescribe the duties of its officers, the manner, place and time of electing them; the place and manner of transacting its business and such other rules and regulations as may be deemed essential for the management of its affairs. Such by-laws shall not be annulled, changed, suspended or repealed, except in the inanner therein set forth, and a copy of same and of any subsequent amendments thereto or changes therein shall be, by the secretary, forthwith filed with the Commissioner of Insurance. Standard policies, authority to issue. Members, right of. Liability of. Miscellaneous provisions. Withdrawals, etc. Annual statement, what to contain. SEC. 5. Such association is authorized to issue standard policies of insurance signed by the president and secretary, agreeing to pay the person insured thereby all loss and damage to the property insured, by fire or lightning, for a period of not more than three years, not exceeding the amount of three thousand dollars. SEC. 6. Every holder of a policy of such insurance shall be a member of the association and be entitled to one vote, either in person or by proxy, for each thousand dollars of insurance or major fraction thereof, in the meetings of the association, and in the election of president and directors, and shall be eligible, or if such member be a partnership, partnership association or corporation, then a member or stockholder thereof shall be eligible to be elected to any office of such association. Such members shall be liable to the association for a share of all losses and damages by fire or lightning sustained by any other member, and shall also be liable for a share of the expense of the management of the business of such association, in proportion to the amount of insurance in such association, but his liability shall not exceed five times the amount of the cash premium required by the by-laws to be paid before the policy is issued, in addition to the premium so paid, and shall also be bound by and subject to the by-laws of the association. SEC. 7. The association shall, in and by its by-laws, provide for the manner in which such insurance shall be effected and the terms and conditions thereof; the time and manner in which such losses by it sustained under its policies of insurance shall be determined, proved, adjusted and paid, and the time and manner and the officers to whom such assessment shall be paid. It shall also, in and by its bylaws, provide such other regulations, terms and conditions as may be necessary for effectively and fully carrying out its plans of insurance, and the said by-laws in force at the time of the date of any policy of insurance issued by the association shall have the force and effect of law in the determination of all questions and claims arising under such policy between the holder thereof and the said association. SEC. 8. The said association shall also in its by-laws provide the manner, terms and conditions upon which any member thereof may withdraw, or be suspended or policy cancelled. SEC. 9. The secretary of the association shall prepare and submit to the members thereof, at each annual meeting, a detailed statement of the condition of such association and its transactions for the preceding year, showing the number of policies and to whom issued; the amounts assured thereby; the number of assessments made during the year and the amounts paid in upon each assessment; the losses sustained during the year, and whether the same have been paid or adjusted or remain unpaid or unadjusted or are disputed and the amount of the assessment unpaid; the number of members of the association; the number of new policies issued during the year; an itemized statement of the disbursements and condition of its funds. A copy of such annual statement Copy, where shall, within thirty days after such meeting, be filed with the Insurance Commissioner of this State. filed. books, SEC. 10. All the books, papers and files of such associa- Access to tion shall at all times be open to the examination of any papers, etc. member thereof, his agent or attorney, and any such member, agent or attorney shall at all times have the right to make such copies of such books, papers and files as he may wish. The books of the association shall at all times be subject to examination by the Commissioner of Insurance or his deputy. Approved February 18, 1909. [No. 3.] AN ACT to amend section one of act number two hundred fifty-six of the public acts of eighteen hundred eighty-one, entitled "An act to provide for suits against foreign corporations in the courts of this State," the same being section ten thousand four hundred forty-two of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: commenced. SECTION 1. Section one of act number two hundred fifty- Section six of the public acts of eighteen hundred eighty-one, entitled amended. "An act to provide for suits against foreign corporations in the courts of this State," the same being section ten thousand four hundred forty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. In cases where the plaintiff is a resident of the Suits, how State of Michigan, suits may be commenced at law or in may be equity in the circuit court for any county in this State where the plaintiff resides or where service of process may be had, and suits at law may be commenced before any justice of the peace in such county, against any corporation not organized under the laws of this State, by service of a summons, dec- Service. laration or chancery subpoena, within the State of Michigan, upon any officer or agent of the corporation, or upon the conductor of any railroad train, or upon the master of any vessel belonging to or in the service of the corporation against which the cause of action has accrued. And where the plain- Non-resident. tiff is a non-resident of the State of Michigan, suits may be commenced in like manner against such corporations, in all cases where the cause of action accrued within the State of Proviso, notice to defendant. Michigan: Provided, That in all cases, except before justices of the peace, no judgment shall be rendered for sixty days after the commencement of suit, and the plaintiff shall, within thirty days after commencement of suit, send notice by registered letter to the corporation defendant at its home office. Approved March 3, 1909. Section amended. Liberty of jurors in criminal actions. Oath. [No. 4.] AN ACT to amend section one of act number one hundred seventy-six of the public acts of eighteen hundred ninetythree, entitled "An act to provide for the placing of juries, while engaged in the trial of cases of murder, under the charge of a competent officer duly sworn as prescribed in this act, and to define the duties of certain officers in relation thereto, and to provide a penalty for any wilful violation thereof," being section eleven thousand nine hundred sixty of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred seventysix of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the placing of juries, while engaged in the trial of cases of murder, under the charge of a competent officer duly sworn as prescribed in this act, and to define the duties of certain officers in relation thereto, and to provide a penalty for any wilful violation thereof," being section eleven thousand nine hundred sixty of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. The jurors sworn to try a criminal action in any court of record in this State, may, at any time before the cause is submitted to the jury, in the discretion of the court, be permitted to separate or to be kept in charge of proper officers. When an order shall have been entered by the court in which such action is being tried, directing said jurors to be kept in charge of such officers, the following oath shall be administered by the clerk of the court to said officers: "You do solemnly swear that you will, to the utmost of your ability, keep the persons sworn as jurors on this trial from separating from each other; that you will not suffer any communication to be made to them, or any of them, orally or otherwise; that you will not communicate with them, or any of them, orally or otherwise, except by the order of this court, or to ask them if they have agreed on officer. their verdict, until they shall be discharged; and that you will not, before they render their verdict, communicate to any person the state of their deliberations, or the verdict they have agreed on, so help you God." And thereafter it shall be Duty of the duty of the officer so sworn to keep the jury from separating, or from receiving any communication of any character, until they shall have rendered their verdict, except under special instruction in writing from the trial judge. Approved March 3, 1909. [No. 5.] AN ACT to amend section fifteen of act number one hundred eighty-three of the public acts of eighteen hundred ninetyseven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," approved May twenty-nine, eighteen hundred ninety-seven, being section three hundred seventy-seven of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number seventy-five of the public acts of nineteen hundred three. amended. The People of the State of Michigan enact: SECTION 1. Section fifteen of act number one hundred Section eighty-three of the public acts of eighteen hundred ninetyseven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," approved May twenty-nine, eighteen hundred ninety-seven, being section three hundred seventy-seven of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number seventyfive of the public acts of nineteen hundred three, is hereby amended to read as follows: SEC. 15. In the second circuit the stenographer shall be Salary. paid an annual salary of two thousand dollars. Approved March 11, 1909. 2 |