creased.

SEC. 2. The capital stock of any stock company organized Capital stock, under this chapter shall not be less than one hundred thou- amount, etc. sand dollars, in shares of not less than twenty-five dollars or more than one hundred dollars each, which capital stock may be increased by a vote of two-thirds of the stockholders How into not more than two million dollars; nor shall any company thereafter organized on the plan of mutual insurance, commence business in this state until agreements have been entered into for insurance with at least two hundred applicants, the premiums upon which shall amount to not less than twenty-five thousand dollars, of which at least five thousand dollars shall have been paid in actual cash, and for the remainder of which notes of solvent parties, founded upon actual and bona fide application for insurance, shall have been received. No one of the notes received, as aforesaid, shall amount to more than five hundred dollars; and no two thereof shall be given for the same risk, nor made by the same person or firm, except where the whole amount of such notes does not exceed the sum of five hundred dollars; nor shall any note be regarded or represented as capital stock, unless a policy to be issued upon the same within thirty days after the organization of the company taking the same, upon a risk which shall be for no shorter period than twelve months. Each of said notes shall be payable, in whole or in part, at Notes, when any time when the directors shall deem the same requisite payable. for the payment of losses by fire, and such incidental expenses as may be necessary for transacting the business of said company; and no note shall be accepted as part of such capital stock, unless the same shall be accompanied by a certificate of the clerk of the circuit court of the county in which the person executing such note shall reside, that the person making the same is, in his opinion, pecuniarily good and responsible for the same in property not exempt from execution by the laws of this state; and no such note shall be surrendered while the policy for which it was given continues in force. No fire insurance company organized under this chap- Risk, etc., ter or transacting business in this state, shall expose itself limit of. to any loss on any one fire or inland navigation risk or hazard, to an amount exceeding ten per cent of its paid-up capital and surplus, nor shall any fire insurance company organized under the laws, or by authority of any foreign government, expose itself to any loss on any one fire or inland navigation risk, or hazard, to an amount exceeding ten per cent of its deposited capital and surplus in the United States: Provided, however, That no portion of any such risk Proviso. or hazard which shall have been re-insured in a corporation licensed to do fire insurance business in this state, shall be included in determining the limitation of risk prescribed in this section.

SEC. 6. Any stock company incorporated under the laws May Increase, of this state and transacting business under the provisions of capital this chapter may increase or decrease its capital stock in the

stock.

Petition.

Approval.

When effective.

Par value of shares.

manner herein provided. When any such company proposes to increase or decrease its capital stock, it shall first present its petition to the Commissioner of Insurance, setting forth the reasons for such increase or decrease. Said commissioner, if satisfied that the proposed increase or decrease is for the best interests of the company and its policy holders, and that no reasonable objection exists thereto, may authorize and approve the proposed plan of increase or decrease, or may direct such modification thereof as may seem proper. After the approval of the petition as aforesaid, such increase or decrease must be approved, and the articles of association amended in this respect, by the affirmative vote of not less than two-thirds of the capital stock of the company, voting in person or by proxy, at a regular or special meeting of the stockholders, but notice of such meeting, reciting the purposes thereof, shall be served on each of the stockholders, either personally or by directing same through the post office to the last known postoffice address of such stockholder at least three weeks previous to such meeting. Such increase or decrease shall not become effective until finally approved by the Commissioner of Insurance, and until compliance is made with the requirements of section seven, chapter one, part two, of this act. Whenever any company shall increase or decrease its capital stock as herein provided, the par value of its shares shall be fixed at not less than twenty-five dollars nor more than one hundred dollars each, and the directors of the company shall have authority to make provision for calling in the old and issuing new certificates of stock. Approved May 5, 1921.

Section amended,

[No. 103.]

AN ACT to amend section twenty-two of chapter three of act number one hundred sixty-four of the Public Acts of eigh. teen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and pri mary schools, and to repeal all statutes and acts contravening the provisions of this act," being compilers' section five thousand six hundred eighty-nine of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section twenty-two of chapter three of act number one hundred sixty-four of the Public Acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools and to repeal all statutes and acts contravening the pro

visions of this act," as amended, being section five thousand six hundred eighty-nine of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows:

taken.

SEC. 22. There shall be taken annually in each school dis- Census, how trict of this state a school census in the manner provided in this section:

First, In all school districts, except in incorporated cities having a population of three thousand or over and except in counties having a population of two hundred fifty thousand or over, within fifteen days next previous to the first day in June of each year, the director, or some other reputable and capable person shall be appointed by the district board to take the school census of the district and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside therein, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the Superintendent of Public Instruction may prescribe, and said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of all the children between the ages aforesaid residing in the district. Said affidavit may be made before the township clerk or other officer authorized by law to take acknowledgments; and said verified census list shall be returned with the annual report of the director to the township clerk before the first Monday in August thereafter. The director, or other person employed by the board of education, may receive as compensation for taking said census, such sum as the school board may direct not exceeding one hundred dollars; Second, In all incorporated cities or special legislative dis- When and tricts having a population of three thousand or over, within twenty days next previous to the first day in June of each year, the secretary of the board of education, or other reputable and capable person or persons employed by the board of education, shall take the school census of said city as follows:

(a) The census shall be taken and reported by wards;

(b) Each enumerator shall make a list in writing of the names and ages of all children who are five years of age and under twenty years of age, whose parents or legal guardians reside in the ward or portion of the ward allotted to said enumerator, together with the names of said parents or legal guardians, giving the street and residence number in each case, said list to be in such form as the Superintendent of Public Instruction may prescribe, and it shall be verified by the oath or affirmation of the person making the same, by affidavit appended thereto or indorsed thereon, setting forth that the person or persons taking such census made

how taken.

Orphans.

Correction,

etc.

a house to house canvass of the entire ward or portion thereof canvassed by said enumerator and that it is a correct list of the parents or legal guardians, their street and residence number, the names and ages of all the children of the ages aforesaid residing in the ward or part thereof as allotted to him;

Third, In taking the census in any school district or city the director or enumerators shall not include in the census the names of any child or children in reformatories or prisons; nor the names of any child or children in asylums, almshouses, or other charitable institutions except as follows:

(a) Children in such institutions and children living in the school district placed in homes licensed by the State Board of Corrections and Charities who regularly attend the public schools;

(b) Orphans whose parents at the time of death resided in such school district or city. Children of either class shall be included in the district or ward where such institution is located, except children in class (a) where the parents or either of them reside in the city or district, and in such cases the legal residence of the child is that of the parent, except children placed in homes licensed by the State Board of Corrections and Charities which children shall be considered residents of the school district where the licensed home, in which they are living, is located. The school board of a school district where a licensed home is located shall refuse to include in the census list of said district the names of children being cared for in said licensed home whenever said school board is served with a written notice by the Superintendent of Public Instruction that the school room or rooms of said school district are inadequate for school purposes, and that no greater number of names of such children shall be included in the census list of the district than the number designated by the said Superintendent of Public Instruction. All other such children being cared for in said licensed home or homes located in said district shall not be considered residents of said district for educational purposes. Indian children shall not be included in any census, unless they attend the public schools, or their parents are liable to pay taxes in the district or city. Domestics, bell boys, and other servants, if entitled to be included in the census, must be recorded at the residence of their parents or legal guardians;

Fourth, In cities having a population of three thousand or over, the secretary of the board of education and the several enumerators shall, immediately after the first day in June of each year, compare, correct and compile the entire census. The said secretary of the board of education shall then attach thereto his affidavit that the several enumerators were duly employed by the board of education and that said census has been properly compared, corrected and compiled; and forthwith, and before the second Monday in July thereafter, transmit to the Superintendent of Public Instruction the

certain coun

ties.

entire census, together with his affidavit and the affidavits of the several enumerators, and at the same time he shall transmit to said Superintendent of Public Instruction the annual statistical and financial report of said city or district; Fifth, In all school districts in counties having a popula- How taken in tion of two hundred fifty thousand or over, the census shall be taken as follows: In all cities of three thousand or over, the census shall be taken in the manner prescribed in the foregoing paragraphs for the taking of census in such cities. In all other districts of said counties the census shall be taken as follows: Within fifteen days next previous to the first day in June of each year, the county commissioner of schools or such other reputable and capable person or persons as he may appoint, shall take the school census of the several districts in the county and make a list in writing of the names and ages of all the children who are five years of age, and under twenty years of age, whose parents or legal guardians reside in the respective districts, the names of said parents or guardians, giving street and residence number in villages and cities, in such form as the Superintendent of Public Instruction may prescribe, and said list shall be verified by the oath or affirmation of the person taking such census, by affidavit appended thereto or endorsed thereon, setting forth that the person or persons taking such census made a house to house canvass of the entire district or portion thereof canvassed by said enumerator and that it is a correct list of the names of all the children between the ages aforesaid residing in the district. Said affidavit may be made before any officer authorized by law to take acknowledgments; and said verified census list shall be filed in the office of the county commissioner of schools before the third Monday in June thereafter. Immediately after the third Monday in June Correction, of each year, the county commissioner of schools and the etc. several enumerators, or such other persons as the county commissioner of schools may appoint, shall compare and correct in his office the entire census taken by him or by enumerators appointed by him. The said commissioner of schools shall then attach to the census lists of the several districts of the county his affidavit that the several enumerators were duly employed by him and that said census has been properly compared and corrected; and forthwith, and before the second Monday in September thereafter, transmit to the Superintendent of Public Instruction the entire census by districts, together with his affidavit and the affidavits of the several enumerators. The actual and necessary expense incurred by Expense, audit, etc. the commissioner of schools in taking the census in his own county shall be audited and allowed by the board of supervisors or the county board of auditors.

SEC. 2. All acts or parts of acts inconsistent with or contravening the provisions of this act are hereby repealed. Approved May 5, 1921.