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[No. 117.]

AN ACT to amend sections five and seven 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.

amended.

The People of the State of Michigan enact: SECTION 1. Sections five and seven of chapter one of part Sections 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, are hereby amended to read as follows:

to capital

SEC. 5. The persons so associated shall, after the filing Subscription and approval of such articles as aforesaid, open the books of stock. subscription to the capital stock of the corporation and may keep the same open until the whole amount specified in the articles shall be subscribed; or, if said corporation is to transact business on the mutual plan, then they shall open books to receive propositions and enter into agreements as specified in the chapter under which it intends to operate.

to articles.

meeting.

SEC. 7. Any company formed under this act shall have Amendments power to amend its articles of association at any annual meeting of the stockholders or members, or at any special meeting called by the directors for that purpose, but notice of Notice of any such annual or special meeting and of the purpose for which it is called shall be served on each of the stockholders, or if it is a mutual company on each of the members, either personally or by directing the same through the postoffice to the last known postoffice address of such stockholder or member at least three weeks previous to such meeting, or may publish such notice of said annual or special meeting in a newspaper printed, published and circulated within the county or counties in which said company is transacting business, at least two successive weeks prior to said meeting, the last publication to be made at least five days prior to date of

Submitted

to Attorney General.

Filed in triplicate.

Certified by
Insurance
Commis-

sioner.

holding such meeting. Such amendments shall not take effect until submitted to the Attorney General and certified by him not to conflict with the constitution or laws of this State. Such amendments shall be filed in triplicate with the Commissioner of Insurance, one copy for his own records, one copy for the county clerk where the original copies were filed, and one copy to be returned to the company with a certified copy of the certificate of the approval of the Commissioner of Insurance attached thereto. All such amendments shall be upon the form prescribed by the Commissioner of Insurance.

Approved April 25, 1919.

Section amended.

Laws to re

[No. 118.]

AN ACT to amend section twenty-eight of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being section three thousand three hundred thirty-one of the Compiled Laws of nineteen hundred fifteen, as amended by act number two hundred seventy-five of the Public Acts of nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section twenty-eight of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being section three thousand three hundred thirty-one of the Compiled Laws of nineteen hundred fifteen, as amended by act number two hundred seventy-five of the Public Acts of nineteen hundred seventeen, is hereby amended to read as follows: SEC. 28. In all cities now organized, which may hereafter main in force. amend or revise their charters under the provisions of this act, all of the provisions of the present law, whether general or special, applying to any such city relating to the qualifications, term of office, powers, jurisdiction, duties and compensation of justices of the peace and constables therein, and the conduct of all proceedings, suits and prosecutions before such justices of the peace and appeals therefrom, and all laws creating municipal courts and the proceedings thereof in any such city, shall remain in full force and effect, except as to the time and manner of nomination and elections of judges,

Exception.

number, jurisdiction of

justices.

motion.

Time for

appeal from

judgment.

justices and court officers: Provided, That any city may in Proviso, its charter provide for and limit to one or more the number of justices of the peace for said city and may provide that the civil jurisdiction of such justice or justices ex contractu and ex delicto shall be increased to five hundred dollars with such exceptions and restrictions as are provided by law; and New trials. may also provide that such justice or justices shall have the same power and authority to set aside the verdict or judg ment and grant a new trial therein, upon legal cause shown, therefor, as the circuit courts of the State possess: Provided, Proviso, however, That a motion in writing be made and filed with the justice, before whom such cause was tried, within five days after the rendition of the verdict or judgment in said case, which said motion shall briefly and plainly set forth the reasons and grounds upon which it is made and shall be supported by affidavits setting forth the facts relied upon to be filed at the time of filing the said motion, and notice of hearing of such motion, with copy of the motion and affidavits, filed as aforesaid, shall be served upon the adverse party or Service. his attorney at least two days before the hearing thereof, and such motion shall be determined within two days after the same shall have been heard and submitted and such motion shall be submitted and heard within one week after the same shall have been filed, and the time for taking an appeal from judgment, in case such motion be not granted, shall begin to run from the time when such motion shall be over-ruled and in no case shall the pendency of such motion stay the issuing and levy of an execution in such case, but in case of a levy under execution pending such motion, no sale of the property so levied on shall be advertised or made until the final determination of such motion; and may also in its charter, or by ordinance, provide that any such justice or justices of the peace shall be paid a salary in lieu of fees, and the amount of said salary to be fixed by said charter or ordinance, in which case all fees chargeable by such justice of the peace shall be collected and paid over to such city; and that any city may also, in cases where its justice or justices of the peace have been placed on salary, provide in its charter or by ordinance for a clerk and one or more deputy clerks for such justice or deputy clerks. justices of the peace to be paid such salary, give such bond and perform such duties as shall by charter or ordinance be prescribed and such clerk and deputy clerks shall also, by virtue of their office, be empowered to administer oaths to persons making affidavits for writs in civil causes and to issue all processes and test the same in the name of either or any of the justices of the peace of the city and shall be required to collect all fees in civil causes and all costs and fines in May collect criminal causes and all moneys paid into court for security fees, fines, for costs, bail or otherwise and to enter a record of the same in a book kept by him for that purpose and be paid over by Record kept. him to the authorities of the city or county or other persons entitled to the same, as directed by the proper authorities or

Salary
of justice.

Clerks,

May administer oaths,

issue process,

etc.

etc.

by law and the legislative body of such city shall cause the Yearly audit. books of such clerks to be audited at least once each year to

Transfer of causes.

Entry on docket.

Jury cases.

Terms for trial; jurors.

ascertain that such books are correctly kept and that all money received has been properly accounted for; and may also provide that any cause pending before any justice of the peace of said city may, whenever such justice is unable to act in such cause at the time the matter comes before him, be transferred upon his order or, in case of his absence, by the clerk to one of the other justices of the peace of such city without any notice to the parties in the cause, but a note of such transfer shall be entered upon the docket of the case and when two or more justices shall have acted in any one cause or proceeding the docket shall be signed in the manner and within the time provided by law by the justice who shall have given the final judgment in such cause; and, in cases where such justices have been placed on salary and a clerk or clerks have been provided, such city may, by charter or ordinance, provide that jury cases may be set for trial upon one or more certain days of each month, or as soon thereafter as such trial can be reached, and to establish terms for the trial of jury cases and may provide that a panel of jurors shall be drawn and certified to the clerk of such justice court in the manner provided by law for the drawing of circuit court jurors in the county where such city is located, and shall determine the number of jurors to be drawn for each panel to serve at each term of such justice court, the selection of jurors to serve in each case shall be made, as nearly as may be, in the same manner as provided in circuit courts, but the trial of such cause by jury shall be otherwise conducted as provided by law for trials by jury before justices of the peace in townships, and further that as soon as all jury cases set for any term, and ready for trial, shall have been disposed of, the panel of jurors called for said term shall be discharged: Prowhen no jury vided, however, That when there is no jury in attendance in said court the justice thereof, in order to avoid hardship from delay, may, in his discretion, order a jury impaneled in accordance with the method provided by law to secure a jury in trials before justices of the peace in townships.

Law governing.

Proviso,

in attendance.

Approved April 25, 1919.

"

[No. 119.]

AN ACT to authorize any city having a population of twentyfive thousand or more to take for public use the absolute title in fee to any public utility for supplying water, light, heat, power or transportation to the municipality and the inhabitants thereof within or without its corporate limits.

The People of the State of Michigan enact:

SECTION 1. Any city in this State having a population of twenty-five thousand or more is hereby authorized to take for public use the absolute title in fee to any public utility for supplying water, light, heat, power or transportation to the municipality and the inhabitants thereof within or without its corporate limits, the same being then and there the private property of any person or of any corporation, within the limits of the State constitution, and to institute and prosecute proceedings for that purpose.

Authority to public

take over

utilities.

Proceedings,

Description

SEC. 2. Such proceedings may be begun and prosecuted how may be under this act whenever the common council of such city begun. shall have declared by resolution that it deems it necessary that such city take for public use the absolute title in fee to any such public utility. Such resolution shall describe the of property. property sought to be taken for public use and direct the city attorney, corporation counsel or other law officer of the city by whatsoever name or title designated, to institute the necessary proceedings on behalf of such city to carry out the object of such resolution to take the absolute title in fee to private property by such city. Jurisdiction is hereby con- Jurisdiction. ferred upon the circuit court for the county in which such city is situated.

in circuit

court.

SEC. 3. The city clerk shall make and deliver to such attor- Petition filed ney or other law officer of the city, as may be, a copy of such resolution certified under the seal of the city and it shall be the duty of such attorney, corporation counsel or other law officer of the city to prepare and file in the name of the city, in such circuit court a petition signed by him in his official character and duly verified by him, to which petition a certified copy of the resolution of the common council shall be annexed. Said certified copy shall be prima facie evidence of the action taken by the common council and of the passage of said resolution. The petition shall state, among other things, What to that it is made and filed as commencement of judicial proceedings by the city in pursuance of this act to acquire the right to take, for public use, either within or without its corporate limits, the absolute title in fee to public utilities for supplying water, light, heat, power or transportation to the munici pality and the inhabitants thereof, the same being then and there the private property of any person or of any corpora

state.

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