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Section amended.

Ferrets, etc., unlawful to use.

Proviso, farmers, etc.

Permit.

[No. 50.]

AN ACT to amend section one of act number two hundred seven of the public acts of nineteen hundred fifteen, entitled "An act to prohibit the hunting of rabbits with ferrets and guinea pigs or other rodents; exempting from its provisions farmers and fruit growers hunting on their own lands, and those townships wherein electors so decide by referendum; prescribing penalty for violation and repealing act number one hundred eighty of the public acts of nineteen hundred eleven, entitled 'An act to prohibit the hunting of rabbits with ferrets or guinea pigs,' and all other acts or parts of acts in contravention therewith," as amended by act number two hundred thirty-one of the public acts of nineteen hundred twenty-one, being section seven thousand five hundred forty-eight of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred seven of the public acts of nineteen hundred fifteen, entitled "An act to prohibit the hunting of rabbits with ferrets and guinea pigs or other rodents; exempting from its provisions farmers and fruit growers hunting on their own lands, and those townships wherein electors so decide by referendum; prescribing penalty for violation and repealing act number one hundred eighty of the public acts of nineteen hundred eleven, entitled 'An act to prohibit the hunting of rabbits with ferrets or guinea pigs,' and all other acts or parts of acts in contravention therewith," as amended by act number two hundred thirty-one of the public acts of nineteen hundred twenty-one, being section seven thousand five hundred fortyeight of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 1. It shall be unlawful to make use of a ferret or guinea pig or any other rodent for the purpose of hunting, taking, killing or pursuing rabbits: Provided, That farmers or fruit growers may make use of ferrets or guinea pigs or any other rodent in hunting and killing rabbits on their lands, upon obtaining a permit from the department of conservation, which department is hereby authorized to issue such permits when deemed advisable. The possession of a ferret by any person without such permit shall be prima facie evidence of Further pro- the violation of this act: Provided further, That whenever it shall appear to the director of conservation, upon application and affidavits of three or more freeholders of any community of the state, that rabbits are damaging or threatening to damage fruit trees of such freeholders, the director of conservation shall grant to the persons making application therefor, authority to kill rabbits by use of ferrets or other

viso, when

may kill rabbits.

made.

rodent or in any other manner for such period of time as he shall designate. The application and affidavit shall be made Application, by the persons seeking such authority and the affidavit shall etc., by whom set forth the fact that the application is made for the purpose of protecting the owner's fruit trees against damage by rabbits and for no other purpose. It shall be the duty of the director of conservation to furnish suitable blanks for such purpose.

Approved April 11, 1923.

[No. 51.]

AN ACT to amend sections fourteen and thirty-one of chapter four of part three of act number two hundred fifty-six of the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May ten, nineteen hundred seventeen, and to add three new sections to said chapter to stand as sections fourteen-a, fourteen-b and fourteen-c.

The People of the State of Michigan enact:

SECTION 1. Sections fourteen and thirty-one of chapter Sections four of part three of act number two hundred fifty-six of amended. the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May ten, nineteen hundred seventeen, are hereby amended and three new sections are added to said Sections chapter to stand as sections fourteen-a, fourteen-b and fourteen-c, said amended sections and added sections to read as follows:

added.

SEC. 14. Consolidation and mergers. No fraternal benefit Consolidation society organized under the laws of this state to do the busi- and mergers. ness of life, accident, or health insurance, shall consolidate or merge with any other fraternal benefit society, or reinsure its insurance risks, or any part thereof, with any other fraternal benefit society, or assume or reinsure the whole or

Contract, to whom submitted.

insurance commissioner.

Proviso.

any portion of the risks of any other fraternal benefit society, except as herein provided. No fraternal benefit society or subordinate body thereof shall merge, consolidate with or be reinsured by any company or association not licensed to transact business as a fraternal beneficiary society.

SEC. 14-a. When any such fraternal benefit society shall propose to consolidate or merge its business or to enter into any contract of reinsurance, or to assume or reinsure the whole or any portion of the risks of any other fraternal benefit society the proposed contract in writing setting forth the terms and conditions of such proposed consolidation, merger or reinsurance shall be submitted to the legislative or governing bodies of each of said parties to said contract after due notice, and, if approved by a vote of two-thirds of the members of the supreme legislative or governing body of Submitted to each of said societies, such contract, as so approved, shall be submitted to the commissioner of insurance of this state for his approval and the parties to said contract shall at the same time submit a sworn statement showing the financial condition of each of such fraternal benefit societies as of the thirty-first day of December preceding the date of such contract: Provided, That such insurance commissioner may, within his discretion, require such financial statement to be submitted as of the last day of the month preceding the date of such contract. The commissioner of insurance shall thereupon consider such contract of consolidation, merger or reinsurance, and, if satisfied that the interests of the certificate holders of such fraternal benefit societies are properly protected, and that such contract is just and equitable to the members of each of such societies, and that no reasonable objection exists thereto, shall approve said contract as submitted. In case the parties corporate to such contract shall have been incorporated in separate states, or territories, such contract shall be submitted as herein provided to the commissioner of insurance of each of such incorporating states, or territories, to be considered and approved separately by Certificate of each of such commissioners of insurance. When said contract of consolidation, merger or reinsurance shall have been approved as hereinabove provided, such commissioner or commissioners of insurance shall issue a certificate to that effect, and thereupon the said contract of consolidation, merger or reinsurance shall be in full force and effect. In case such contract is not approved the fact of its submission and its contents shall not be disclosed by the commissioner of in

When approved.

Approval in other states.

approval.

In case of disapproval.

Expenses, etc., how paid.

surance.

SEC. 14-b. All necessary and actual expenses and compensation incident to the proceedings provided hereby shall be paid as provided by such contract of consolidation, merger Proviso, com- or reinsurance: Provided, however, That no brokerage or commission shall be included in such expenses and compensation or shall be paid to any person by either of the parties to any such contract in connection with the negotiation therefor

mission, etc.

where

filed.

or execution thereof, nor shall any compensation be paid to any officer or employes of either of the parties to such contract for directly or indirectly aiding in effecting such contract of consolidation, merger or reinsurance. An itemized Statement of, statement of all such expenses shall be filed with the insurance commissioner, or commissioners, as the case may be, subject to approval, and when approved the same shall be binding on the parties thereto. Except as fully expressed in the contract of consolidation, merger or reinsurance, or itemized statement of expenses, as approved by the commissioner or commissioners of insurance, as the case may be, no compensation shall be paid to any person or persons, and no officer or employe of the state shall receive any compensation, directly or indirectly, for in any manner aiding, promoting or assisting any such consolidation, merger or reinsurance.

SEC. 14-c. Penalties. Any person violating any of the pro- Penalties. visions of the three sections next preceding this section shall be guilty of a felony, and upon conviction shall be liable to a fine of not more than five thousand dollars, or to imprisoninent for not more than five years, or to both fine and imprisonment.

SEC. 31. Penalties. Any person, officer, member or ex- Idem. amining physician of any society authorized to do business under this chapter, who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any society. transacting business under this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court; and any person who shall wilfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall wilfully make any false statement in any verified report or declaration under oath required or authorized by this act, elsewhere than by sections fourteen-a or fourteen-b, shall be guilty of perjury and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury. Any person who shall Soliciting solicit membership for, or in any manner assist in procuring membership in any fraternal benefit society not licensed to do business in this state, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized as herein provided to do business as herein defined in this state, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. Any society, or any officer, agent or employe thereof neglecting or

membership.

refusing to comply with, or violating any of the provisions of this chapter, the penalty for which neglect, refusal or violation is not specified in this section, or in section fourteen-c, shall be fined not exceeding two hundred dollars upon conviction thereof.

Approved April 11, 1923.

Section amended.

continued.

[No. 52.]

AN ACT to amend section twelve of chapter one of part two of act number two hundred fifty-six of the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan, relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May ten, nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section twelve of chapter one of part two of act number two hundred fifty-six of the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May ten, nineteen hundred seventeen, is hereby amended to read as follows:

Corporate ex- SEC. 12. That it shall be lawful for any insurance coristence, how poration, whose term is about to expire by limitation, at any time within two years next preceding the expiration of such term, by a vote of two-thirds of its capital stock, or of its members, present and voting, as the case may be, at any annual meeting, or at any special meeting of its stockholders or members called for that purpose, to direct the continuance of its corporate existence for such further term not less than thirty years from the expiration of the existing term, as may be expressed in a resolution for that purpose. The president and secretary of such members' or stockholders' meeting shall make and sign triplicate copies of such resolution, and its passage shall be verified by the oath of such Where fled. secretary attached to each of such duplicates. One of said copies shall be filed in the office of the commissioner of in

Resolution, who to sign.

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