Imágenes de páginas
PDF
EPUB

Further proviso.

Feebleminded, etc.

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.

Intormarriage with insane, otc., person deemed felony.

Penalty.

(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:

Sections amended.

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

governor

certain

service.

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:

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

be in writing 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 re moved 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.

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, howerer, That if the judge of Proviso. probate so appointed resides other than in the county in which tion of

probato the accused resides, such judge of probate shall be paid by judge.

compensa

Further proviso.

Feebleminded, etc.

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.

Intormarriage? with insane, etc., person deemed felony.

Penalty.

(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:

Secmons amended.

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

governor

certain

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:

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

be in writing 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 service. 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.

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 : Prorided, howerer, That if the judge of Proviso.

compensaprobate so appointed resides other than in the county in which tion of the accused resides, such judge of probate shall be paid by judge.

probate

Testimony. how taken, etc.

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 direc-
tion 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 testi-
mony 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.

To whom delivered.

Fees, where charged.

(No. 9.]

AN ACT to amend 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.

The People of the State of Michigan enact:

Section amended.

[ocr errors]

SECTION 1. Section twenty-seven of act number two hun. dred 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

Deposits required on hand.

« AnteriorContinuar »