over twelve years of age and one and one-half cents per mile for all persons between the ages of five and twelve years. Persons under five years of age accompanied by a person over twelve years of age shall be carried free.

etc.

SEC. 2. The Michigan Public Utilities Commission is here- Commission by given power and authority to regulate the rates of fare may regulate, for the transportation of passengers to be charged by any electric interurban railroad within this state, but shall have no power to fix any such rates of passenger fare in excess of three cents per mile. The maximum rate of fare provided in section one of this act shall in no case be charged by any interurban railroad except in the cases hereinafter set forth. The Michigan Public Utilities Commission is hereby authorized and directed, with all convenient speed, to make a complete inventory, appraisal, audit and study of all the interurban railroads within this state, and from said inventory, appraisal, audit and study to determine the reasonable requirements of such railroads to meet operating costs, taxes, property retiral, and return upon a fair value. When these requirements shall have been determined, the Michigan Public Utilities Commission shall as often as deemed necessary, fix a rate of fare per passenger mile, which in connection with all other revenues of such interurban railroad shall yield a total annual revenue equal to said requirements: Provided, That such rate of fare shall in no instance exceed Proviso. the rate as fixed by section one of this act: Provided, That a Proviso, minimum trip fare of five cents may be charged.

minimum fare.

inventory,

SEC. 3. All costs of such inventory, appraisal, audit, and Expense of study shall be paid by the interurban railroad receiving the etc., who to same, into the treasury of the state of Michigan, under such pay. rules and at such times as the Michigan Public Utilities Commission shall direct, and said payments shall only be used by said commission for the purposes of this act. The cost of such payments may be amortized by said railroads over a period of years to be fixed by the said commission. SEC. 4. Any interurban railroad, municipal corporation Review of or person interested in any order of the Michigan Utilities Commission may cause such order to be reviewed in the circuit court of Ingham county in the same manner as the orders of the said commission are now reviewed by virtue of act number three hundred of the Public Acts of the state of Michigan for nineteen hundred nine, and amendments thereto.

order.

SEC. 5. Until such time as the rates of fare for the trans- Rates of fare. portation of passengers within this state are fixed for the several interurban railroads by the Michigan Public Utilities Commission under the provisions of this act, or otherwise, it shall be lawful for any interurban railroad to charge for transporting within this state, of any passenger, not to exceed the following rates of fare, namely: A minimum fare of five cents for a distance not exceeding five miles, and for all other distances not to exceed the following rates:

Proviso.

Further proviso.

Further proviso.

Municipal rights not impaired.

(a) For all such railroads whose gross passenger earnings as reported to the Michigan Public Utilities Commission for the year nineteen hundred twenty equaled or exceeded fourteen thousand dollars per mile of first line main track operated by such company, on which regular passenger service was maintained, including all branch roads owned, leased, operated, controlled, occupied, or managed by such company, not to exceed a rate of fare of one and one-half cents per mile;

(b) For all companies whose said gross earnings, so reported as aforesaid, equaled twelve thousand dollars but did not exceed fourteen thousand dollars per mile of first line main track, so operated as aforesaid, not to exceed a rate of fare of two cents per mile;

(c) For all companies whose said gross earnings, so reported as aforesaid, equaled ten thousand dollars but did not exceed twelve thousand dollars per mile of first line main track, so operated as aforesaid, not to exceed a rate of fare of two and one-half cents per mile;

(d) For all companies whose said gross earnings, so reported as aforesaid, did not exceed ten thousand dollars per mile of first line main track, so operated as aforesaid, not to exceed a rate of fare of three cents per mile: And provided, That in the future until rates of fare shall be fixed as herein before provided, or otherwise, whenever such gross earnings of any of such interurban or suburban railroads, as reported to the said Michigan Public Utilities Commission for any year subsequent to nineteen hundred twenty shall be increased or diminished, such interurban or suburban railroad shall charge not to exceed the rates of passenger fare hereinbefore provided for the class in which such gross earnings, so reported, shall place such railroad: Provided further, That children of the age of five years or under, accompanied by a person over twelve years of age, shall be transported free, and children of the age of twelve years or under shall be transported for not to exceed one-half the rates of passenger fare herein provided for adult passengers for each of such railroads: Provided further, That nothing in this act contained shall apply to any street railroads engaged solely in the transportation of passengers within the corporate limits of any city or within a distance of five miles of the corporate boundaries thereof.

SEC. 6. Nothing in this act contained shall be construed to impair any rights possessed by any municipality for the reasonable control and regulation over its streets, alleys and public places, nor to prevent any municipality from hereafter granting franchises for the use thereof to any public utility upon such terms and conditions as may be agreed upon under existing laws, the obligations of which shall be entitled to the protection of the provisions of the constitution of this state and of the United States.

SEC. 7. Any such railroad company which shall within Failure of thirty days after notification by the Michigan Public Utili- railroad to comply. ties Commission, fail to comply with the provisions of this act, shall immediately after such failure become liable to the people of the state of Michigan in a penalty of one thousand dollars per day for each and every secular day during the pendency of such failure, which said penalty shall be collected in action to be brought by the Michigan Public Utilities Commission in any court of competent jurisdiction within this state, and which said penalty when collected shall be paid into the state treasury and credited to the pri mary school fund. The penalty in this section mentioned Penalty supshall be supplemental to and shall not be deemed to supersede any extraordinary remedy by mandamus or otherwise authorized by law to be instituted by the state, the Michigan Public Utilities Commission or any state officer or board or any other person to compel compliance with the provisions of this act.

plemental.

clause.

SEC. 8. It is hereby declared that each section of this act Saving and every part of each section is severable and the holding of any section or part thereof to be void and ineffective for any cause shall not be deemed to affect any other section or part thereof.

Approved May 5, 1921.

[No. 116.]

AN ACT to amend sections nineteen and twenty of act number two hundred seventeen of the Public Acts of nineteen hundred three, as last amended by act number nineteen of the Public Acts of nineteen hundred thirteen, entitled "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management and use thereof; and to provide for the apprehension of persons believed to be insane and for their care and custody," being sections one thousand three hundred twentyeight and one thousand three hundred twenty-nine of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

amended.

SECTION 1. Section nineteen and section twenty of act Sections number two hundred seventeen of the Public Acts of nineteen hundred three, as last amended by act number nineteen of the Public Acts of nineteen hundred thirteen, entitled "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management and use thereof; and to provide for the apprehension of persons be

When public

patient possesses estate.

Citation to issue.

lieved to be insane and for their care and custody," being sections one thousand three hundred twenty-eight and one thousand three hundred twenty-nine of the Compiled Laws of nineteen hundred fifteen, are hereby amended to read as follows:

SEC. 19. When any insane person has been admitted to an asylum as a public patient, the prosecuting attorney of the county in which the order for admission was made, shall, if such person be possessed of any estate, or shall thereafter, while he shall remain such public patient, become possessed thereof, petition the probate court of said county in his name as prosecuting attorney, stating that such person is insane and has been admitted to an asylum as a public patient and that he has good reason to believe and does believe that he has an estate, and praying for the appointment of a guardian of such insane person, if one has not already been appointed, and that said estate may be subjected to the payment to the state of the expenses paid and to be paid by it on behalf of said insane person as a public patient. The court shall thereupon issue a citation to show cause why the prayer of the petition should not be granted. If the insane person has a guardian, the citation shall be served on him. If he has no guardian, it shall be served on the insane person and also upon his father, mother, husband, wife, or some one of his next of kin, if any are known When served and can be found. The citation shall be served at least fourteen days before the day of hearing, and may be served in any part of the state, in the manner provided by the rules of the probate courts. The court may appoint a guardian ad litem for the insane person. At the time of the hearing if it appears that the insane person has an estate which ought to be subjected to the claim of the state, the court shall, without further notice, appoint a guardian of the person and estate of the insane person if he has no such guardian, and the court shall make an order requiring said guardian to appropriate and apply such estate to the payment of so much or such part thereof as may appear to be proper toward reimbursing the state for the expenses thereto incurred by it on behalf of such insane person, and such part thereof toward reimbursing the state for the future expenses which it may pay on his behalf, as may to the court appear to be just and equitable, regard being had to the claims of persons having a moral or legal right to maintenance out of the estate of the insane person. If such guardian shall neglect or refuse to comply with such order, the court shall cite him to appear before the court at such time as it may direct, and show cause why he should not be removed, and to render an account of all money or property in his hands as such guardian, and on his continued failure to comply with said order, or to appear or render such account, the court may remove him and appoint some other suitable person in his place. As an additional remedy, the prosecuting attorney may enforce pay

Guardian ad litem.

How payment enforced.

ment of the sums provided in the original order, by a proper action in the name of the state. If, in the opinion of the court, the estate of the insane person is sufficient to pay the costs of these proceedings, the guardian shall be ordered to pay the same. In all other cases a certified copy of the taxed bill of costs shall be furnished to the county treasurer. The county treasurer shall pay the same to the persons entitled thereto. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum, or within one year thereafter, and recovery thereunder may be had for the expenses incurred on behalf of such insane person during the entire period or periods such insane person has been a patient in said asylum.

tives liable

SEC. 20. If a public patient is an indigent person and has When relarelatives who are legally liable for his support, the prosecut for support. ing attorney of the county in which the order of admission was made shall petition the probate court of said county in his name as prosecuting attorney, stating that the insane person has been ordered admitted to an asylum as a public patient, that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said relatives may be adjudged to reimburse the state for the expenses paid and to be paid by it in his behalf. The court shall thereupon issue a citation to citation. said relatives, together with the supervisor of the township or an alderman of the ward in which the insane patient has a legal residence, to show cause why the prayer of the petition should not be granted. The citation shall be served at When served. least fourteen days before the day of hearing, and may be served in any part of the state. If it shall appear to said court on said hearing that such insane person is indigent, and that he has relatives who are parties to said proceedings, who are legally liable for his support, and who are able to contribute thereto, he may make an order requiring the payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, in all, the entire cost of such maintenance. Said order How sums shall require the payment of such sums to the State Treas paid. urer to be made annually, semi-annually or quarterly, as the court may direct. The court shall furnish the State Treasurer a certified copy of such order, and it shall be the duty of the State Treasurer to collect the sums therein named and to turn the same into the state treasury, so long as such insane person is a public patient. If such relatives so ordered to pay Refusal, etc., shall neglect or refuse to do so, the State Treasurer shall to pay. notify the prosecuting attorney of the county in which the proceedings were had, and in case any of said relatives reside in another county or counties, then also the prosecuting attorney of such other county or counties, of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside, shall proceed by action, to be brought in the name of the state, to collect such sum.