when district year, but there shall be no review of nor appeal from such This act is ordered to take immediate effect. period effective. [No. 7.] AN ACT to amend section six of chapter eighty-three of the revised statutes of eighteen hundred forty-six, entitled "Of marriage and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended. SECTION 1. Section six of chapter eighty-three of the revised Section statutes of eighteen hundred forty-six, entitled "Of marriage and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: capable of SEC. 6. No insane person, idiot, or person who has been Who inafflicted with syphilis or gonorrhoea and has not been cured of contracting the same, shall be capable of contracting marriage. All mar- marriage. riages heretofore contracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law for all purposes; and the issues of such marriages shall be deemed and taken as legitimate as to such issue and as to both of the parents. Any person who has been Felony, afflicted of syphilis or gonorrhoea and has not been cured of what deemed. same, who shall marry shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than five hundred dollars Penalty. nor more than one thousand dollars, or by imprisonment in the state prison at Jackson not more than five years or by both such fine and imprisonment in the discretion of the court: Provided, That in all prosecutions under this act a husband Proviso. shall be examined as a witness against his wife and a wife shall be examined as a witness against her husband whether Further proviso. Feeble minded, etc. Inter marriagel with insane, etc., person deemed felony. Penalty. such husband or wife consent or not: And provided further, That in all cases arising under this act any physician who has attended or prescribed for any husband or wife for either of the diseases above mentioned shall be compelled to testify to any facts found by him from such attendance. No person who has been confined in any public institution or asylum as an epileptic, feeble-minded, imbecile or insane patient, or who has been adjudged insane, feeble-minded, an epileptic or an imbecile by a court of competent jurisdiction shall be capable of contracting marriage without, before the issuance by the county clerk of the license to marry, filing in the office of the said county clerk a verified certificate from two regularly licensed physicians of this state that such person has been completely cured of such insanity, epilepsy, imbecility, or feeble-mindedness and that there is no probability that such person will transmit any of such defects or disabilities to the issue of such marriage. Any person of sound mind who shall intermarry with such insane person or idiot or person who has been so confined as an epileptic, feeble-minded, imbecile, or insane patient or who has been so adjudged insane, feebleminded, an epileptic or an imbecile, except upon the filing of certificate as herein provided, with knowledge of the disability of such person, or who shall advise, aid, abet, cause, procure or assist in procuring any such marriage contrary to the provisions of this section shall be deemed guilty of a felony and on conviction thereof in any court of competent jurisdiction shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison at Jackson not less than one year nor more than five years, or by both such fine and imprisonment in the discretion of the court. Approved March 23, 1923. Sections amended. [No. 8.] AN ACT to amend sections six, seven and ten of chapter fifteen of the revised statutes of eighteen hundred forty-six entitled "Of resignations, vacancies and removals, and of supplying vacancies," being sections two hundred forty-five, two hundred forty-six and two hundred forty-nine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred forty-five of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Sections six, seven and ten of chapter fifteen of the revised statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," being sections two hundred forty-five, two hundred forty-six, and two hundred forty-nine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred forty-five of the public acts of nineteen hundred twenty-one, are hereby amended to read as follows: governor certain be in writing. SEC. 6. The governor may remove any and all county offi- When cers; and shall also remove all justices of the peace and town- may remove ship officers chosen by the electors of any township; or city officers. or village officers chosen by the electors of any city or village, or any ward or voting district thereof, when he shall be satisfied from sufficient evidence submitted to him, as hereinafter provided, that such officer has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this state that such officer, after his election or appointment, shall have been convicted of a felony; but the governor shall take no action upon any such charges made to him against any such officer until the same Charges to shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true. But no such officer shall be removed for such misconduct or neglect until charges thereof shall have been exhibited to the governor as above provided and a copy of the same served on such officer and an opportunity given him of being heard in his defense: Provided, That the service Proviso, of such charges upon the person or persons complained against shall be made by handing to such person or persons a copy of such charges, together with all affidavits or exhibits which may be attached to the original petition if such person or persons can be found; and if not, by leaving a copy at the last place of residence of such person or persons, with some person of suitable age, if such person can be found; and if not, by posting it in some conspicuous place upon his last known place of residence. No officer who has been removed in accordance with the provisions of this section shall be eligible to election or appointment to any office for a period of three years from the date of such removal. service. SEC. 7. The governor may direct the attorney general or Inquiry. the prosecuting attorney of the county in which such officer may be, unless such prosecuting attorney be the officer charged, to conduct and inquire into the charges made, and Notice. the said attorney general or such prosecuting attorney shall thereupon give at least eight days' notice to the officer accused of the time and place at which he will proceed to the examination of witnesses in relation to such charges before some circuit court commissioner or judge of probate for the same county, or any judge of probate who may be appointed by the governor for such purpose, and he shall also, at the time of giving such notice, serve upon the officer accused a copy of such charges: Provided, however, That if the judge of Proviso. probate so appointed resides other than in the county in which tion of probate the accused resides, such judge of probate shall be paid by fudge. compensa Testimony, how taken, etc. To whom delivered. Fees, where charged. such county the sum of ten dollars per day and expenses for time actually used in such hearing. SEC. 10. At the time and place there specified in the notice, the commissioner or judge of probate, before whom such inquiry shall be conducted, shall proceed to take the testimony of the witnesses produced before him by the attorney general or prosecuting attorney and by the officer accused, which witnesses shall be sworn by such commissioner or judge of probate and every answer given by them to any question, which either party shall require to be reduced to writing, shall be taken stenographically or in writing under the direction of such commissioner or judge of probate, and such testimony shall be certified by the commissioner or judge of probate, taking the same to be a correct transcript of all of the testimony so taken in said hearing. Such testimony so taken and certified shall be delivered by said commissioner or judge of probate to such prosecuting attorney or attorney general, who shall transmit the same with a summary of such testimony to the governor, and the fees of the commissioner or other officer for the performance of such services shall be a charge against the county. Approved March 23, 1923. Section amended. Deposits required on hand. [No. 9.] AN ACT to amend section twenty-seven of act number two hundred five of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," being section seven thousand nine hundred ninety-six of the compiled laws of nineteen hundred fifteen, as amended by act number twentythree of the public acts of nineteen hundred nineteen. The People of the State of Michigan enact: SECTION 1. Section twenty-seven of act number two hundred five of the public acts of eighteen hundred eighty-seven. entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," being section seven thousand nine hundred ninety-six of the compiled laws of nineteen hundred fifteen, as amended by act number twenty-three of the public acts of nineteen hundred nineteen, is hereby amended to read as follows: SEC. 27. A savings bank shall keep at least twelve per cent of its total deposits on hand, or with national or state banks or trust companies, payable on demand, in cities approved by the commissioner of the banking department as reserve cities, or invested in United States bonds; three-fifths of the remainder of the savings deposits shall be invested by the board of directors as follows: etc. (a) In bonds of the United States, of any state or terri- U. S. bonds, tory of the United States: Provided, That such state or Proviso. territory has not, in the ten years preceding the time of such investment, repudiated its debt and failed to pay the same, or the interest due thereon, or upon any part of such debt; or bonds. (b) In the public debt or bonds of any city, county, town- Municipal. ship, village or school district of any state or territory in the etc., bonds. United States, which shall have been authorized by the legis lature of such state or territory, or in farm loan bonds issued Farm loan by federal land banks under authority of that act of congress approved July seventeen, nineteen hundred sixteen, known as the federal farm loan act, and amendments thereto: Pro- Proviso. vided, That the total indebtedness of such municipality does not exceed five per cent of its assessed valuation; except by a vote of two-thirds of the board of directors, such bonds may be purchased if the total liabilities do not exceed ten per cent of its assessed valuation; or (c) In the legally authorized bonds of any road district Road district in Michigan organized, constituted, and existing by virtue of bonds. the provisions of act number fifty-nine of the public acts of nineteen hundred fifteen, and amendments thereto; or bonds. (d) In the legally authorized first mortgage bonds of any Steam R. R. steam railroad corporation organized under the laws of any state of the United States: Provided, That such company Proviso. has for five years prior to the time of making such investment by such bank, paid annually, dividends equal to not less than four per cent on its entire capital stock and has not during said period defaulted in the payment of the matured principal or interest of any debts incurred by it and secured by a mortgage or trust deed upon its property or any part thereof, or in the payment of any part of the matured principal or interest of any bonds guaranteed and assumed by it; lines. (e) In the first mortgage bonds of railroad companies Leased whose lines are leased or operated or controlled by any railroad company specified in paragraph (d) of this section, if said bonds be guaranteed both as to principal and interest by the railroad company to which said lines are leased or by which they are operated or controlled; retiring debtedness. (f) In the legally authorized mortgage bonds of any steam Bonds railroad corporation organized under the laws of any state prior of the United States, which shall have been issued for the mortgage inpurpose of retiring all prior mortgage indebtedness on so Inuch of the property of such company as is covered by the mortgage securing such issue of bonds, and further providing for additions, extensions or improvements: Provided, Proviso. That such company has for three years prior to the time of making such investment by said bank paid annually dividends equal to not less than four per cent on its entire capital |