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Section amended.

Money deposited with county treasurer.

Order of discharge.

[No. 12.]

AN ACT to amend section thirty-four of chapter fifty-seven of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions. of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand nine hundred fortysix of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section thirty-four of chapter fifty-seven of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand nine hundred fortysix of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 34. When any executor or administrator shall have made final settlement with the probate court it shall be the duty of the court to order said executor or administrator to deposit with the county treasurer such moneys as he may have belonging to any non-resident or unknown heir, legatee or claimant whose whereabouts after diligent inquiry he cannot ascertain, or to any heir, legatee or claimant who has declined or refused after due tender made to accept such money, taking his receipt therefor; and upon filing said receipt in the probate court where such settlement has been made, such executor or administrator shall be entitled to have an order made discharging him and his bond, the same as though he had paid the money to the heir, legatee or claimant and taken receipt therefor.

Approved March 12, 1919.

[No. 13.]

AN ACT to require that all farm tractors hereafter sold or offered for sale in this State shall be equipped with a suitable fender or other safety covering over the rear or driving wheels of such tractors.

The People of the State of Michigan enact:

with fenders.

SECTION 1. Hereafter no farm tractor shall be sold or Tractors to offered for sale in this State that is not equipped with suitable be equipped fenders or other safety covering over the rear or driving wheels of such tractors: Provided, That the provisions of this Proviso. act shall not apply to any type of tractor whereof the driving power is transmitted to the front wheels of such tractors and in consequence the rear wheels thereof are not equipped with cleats, lugs, etc., designed to give proper traction.

SEC. 2. Any person or persons, firm or corporation selling Penalty. or offering for sale any farm tractor in contravention of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not exceeding one hundred dollars or by imprisonment in the county jail for not exceeding three months or by both such fine and imprisonment in the discretion of the court. Approved March 12, 1919.

[No. 14.]

AN ACT to amend section one of chapter fifty of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand seven hundred thirty-six of the Compiled Laws of nineteen hundred fifteen, as amended by act number one hundred seventy-two of the Public Acts of nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter fifty of act number three Section hundred fourteen of the Public Acts of nineteen hundred

amended.

Writs of error, may issue of

course.

fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand seven hundred thirty-six of the Compiled Laws of nineteen hundred fifteen, as amended by act number one hundred seventy-two of the Public Acts of nineteen hundred seventeen, is hereby amended to read as follows:

SEC. 1. Writs of error, upon any final judgment or determination, may issue of course, out of the supreme court, in vacation as well as in term, and shall be returnable to the same court.

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Approved March 12, 1919.

Section amended.

Department established.

[No. 15.]

AN ACT to amend section one of chapter one of part one 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."

The People of the State of Michigan enact:

SECTION 1. Section one of chapter one of part one 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," is hereby amended to read as follows:

SEC. 1. There is hereby established a separate and distinct State department which shall be especially charged with

the execution of the laws in relation to insurance and surety business and to perform such other duties as may be required by law: Provided, however, That the said department so Proviso. established shall be deemed and considered as in continuation of and the successor to the insurance bureau established by act one hundred eight of the Session Laws of eighteen hundred seventy-one, and other acts amending and supplementing the same. The chief officer of the said department Commissioner shall be known as the Commissioner of Insurance. He shall be a citizen of this State, and shall have his office at the seat To be citizen of government, and shall personally superintend the duties of of State, etc. his office, and shall not be directly or indirectly connected with the management of affairs of any insurance company.

of Insurance.

He shall be appointed by the Governor by and with the con- Appointment. sent of the senate, and shall hold his office for the term of four years from and after the first day of July in the year of his appointment, and until his successor is appointed and qualified. The Governor shall have the power, and it is hereby made his duty, to remove said Commissioner of Insurance Removal. for neglect of duty, breach of trust, incompetency or malfeasance in office, upon reasonable cause shown; and in case of such removal, the Governor shall file in the office of the Secretary of State, and report to the legislature at its next session, the reasons for such removal. Approved March 18, 1919.

[No. 16.]

AN ACT to amend section two of chapter four, section nine of chapter five, section eight of chapter six and sections four and five of chapter seven of act number two hundred fifty-four of the Public Acts of eighteen hundred ninetyseven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," as amended, the same being sections four thousand nine hundred three, four thousand nine hundred thirteen, four thousand nine hundred twenty-two, four thousand nine hundred thirty-five and four thousand nine hundred thirty-six of the Compiled Laws of nineteen hundred fifteen, and to add four new sections to said act to stand as sections eighteen, nineteen, twenty and twenty-one of chapter six thereof.

The People of the State of Michigan enact:

SECTION 1. Section two of chapter four, section nine of Sections chapter five, section eight of chapter six and sections four amended.

Sections added.

and five of chapter seven of act number two hundred fiftyfour of the Public Acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," as amended, the same being sections four thousand nine hundred three, four thousand nine hundred thirteen, four thousand nine hundred twenty-two, four thousand nine hundred thirtyfive and four thousand nine hundred thirty-six of the Compiled Laws of nineteen hundred fifteen, are hereby amended, and four new sections added to said act to stand as sections eighteen, nineteen, twenty and twenty-one of chapter six thereof, said amended sections and added sections to read as follows:

Determina

tion of commissioner.

Announcement.

CHAPTER IV.

SEC. 2. At the time and place of letting and before receiving any bids, the county drain commissioner shall have the right, and it shall be his duty to determine whether the whole of the per cent of taxes to be spread for benefits to lands in the construction of such drain shall be assessed and collected in that same year, or whether the same shall be divided into two or more equal installments, not exceeding ten in all, one installment to be collected in that same year and the remaining installments, one each year during the successive years until all shall have been collected. Such determination, however, shall be made then and there, and shall be publicly announced for the information of bidders; and the county drain commissioner shall also then and there announce for the information of bidders the per cent of tax to be assessed against any township or townships, and whether in his opinion it will be necessary to divide the amount thereof into Installments. installments as hereinafter directed: Provided, That the per cent of tax determined by the county drain commissioner to be assessed against townships in all cases where the amount thereof shall not exceed a sum equal to one-half of one per cent of the total assessed valuation of such township, shall be spread in the first year; and in case said amount shall exceed a sum equal to one-half of one per cent of the total assessed valuation of such township then the same shall be divided into installments, so that not more than one-half of one per cent of the total assessed valuation of such township shall be spread in the first year and a like sum shall be spread in each and every year thereafter until the amount of such total tax is spread.

Proviso.

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