[ No. 58. ] AN ACT to amend sections eleven, twenty-eight and thirty of act one hundred eighty-seven, of the session laws of eighteen hundred and eighty-seven, approved June seventeenth, eighteen hundred eighty-seven, entitled "An act to revise the laws providing for the incorporation of co-operative and mutual benefit associations, and to define the powers and duties and regulate the transaction of the business of all such corporations and associations doing business within this State," and to add new section thereto to stand as section thirty-one. amended, SECTION 1. The People of the State of Michigan enact, sections That sections eleven, twenty-eight and thirty of act number one hundred eighty-seven of the session laws of eighteen hundred and eighty-seven, approved June seventeenth, eighteen hundred eighty-seven, entitled "An act to revise the laws providing for the incorporation of co-operative and mutual benefit associations, and to define the powers and duties and regulate the transaction of the business of all such corporations and associations doing business within this State, "be and the same are hereby amended so as to read as follows, and that a new section be added thereto to stand as section thirty-one. at principal SEC. 11. The books, papers and documents of such cor- Books, papers, poration organized under the laws of this State shall be etc., to be kept kept at its principal office, and every such corporation shall office. provide in its articles of association for the accumulation of an emergency fund, which shall not at any time be less than the maximum amount at risk on any one life, which fund, together with the income thereon, shall be a trust Trust fund to fund for the payment of death claims, or other benefits be maintained, provided for in their policies or certificates; said fund shall be accumulated by existing corporations within six months from the time of the taking effect of this act, and by all others from the date of their incorporation. Such fund, with the increase thereof, shall be deposited, under trust deeds, to the credit of the corporate name of the corporation in some incorporated bank or banks, or may be invested by the trustees in its corporate name, in such securities as insurance companies are allowed by law to invest their funds. Such corporations organized in this State shall not May hold certain have the power to take or hold real estate, except such as may be necessary for the transaction of its business, or may be acquired in the foreclosure of mortgages and all real estate acquired in the foreclosure of mortgages shall be sold or disposed of within five years after the title has been perfected in any such corporations. Annual state- Annual statements of the transactions and financial condition of such ments to be corporation shall be made at the annual meeting of its members, and a copy of each annual statement filed with the insurance department of this State, in so far as it relates real estate. made. Proviso as to miums or assessments. to its financial transactions and condition, and its certificate or policy account shall be mailed to every member within thirty days from the date of filing such statement: Provided, That any such corporation may provide in its payment of pre- policy for the payment at stated periods, of premiums or assessments, for the purpose of accumulating and maintaining and may accumulate and maintain a mortuary, an emergency and a reserve fund, and may provide in such policy that the members may receive the benefit of any surplus moneys not needed by such corporation. Nothing contained payments to be in this act shall be construed to permit any contract promising any fixed cash payment to any certificate or policy holder, excepting in the contingency of death or total permanent physical disability. When cash made. What notice of assessment shall specify. Notice to holder tion of certificate. SEC. 28. Every notice of an assessment or call made by any corporation or association organized, existing or doing business hereunder shall specify the amount to be paid, the loss or benefit for the payment of which the call or assessment is made, except where premiums are made payable in the policy at stated intervals, and the time and place for the payment of the same, together with a correct statement of the mortuary or beneficiary fund, and of the emergency fund, showing the receipts, disbursements and balances at the close of the calendar month. No funds or moneys received or collected by any corporation or ciation organized, existing or doing business hereunder, for the purpose of paying or providing for the payment of death losses or accident indemnities shall be used or paid out for any purpose other than those contemplated in section eleven of this act. SEC. 30. No policy or certificate issued by any corpobefore cancella ration or association doing business under the provisions of this act shall be canceled for the non-payment of any assessment, periodical call or dues, without first having mailed to the holder of such policy or certificate, at his or her last known postoffice address, a notice stating the amount of such assessment, periodical call or dues, and the limit of time in which the same must be paid. An affidavit made by the person having charge of the mailing of such notices, that any such notice was mailed, stating the date of mailing, shall be prima facie evidence thereof. Affidavit of per son mailing notice to be prima facie evi dence. Sick benefits may be included. SEC. 31. All corporations or associations authorized by this act to engage in the business of providing indemnity to members for disability or death by accident may include also in such business indemnity to members for disability caused by sickness, and all provisions of this act relating to accident insurance shall apply to the sick benefit insurance herein provided for. This act is ordered to take immediate effect. [No. 59. ] AN ACT to amend section one of act number two hundred twenty-one of the session laws of eighteen hundred and sixty-five, entitled "An act requiring judges of probate in certain cases to give notice to foreign consuls of an application for administration in the estate of deceased persons, approved March eighteenth, eighteen hundred sixty-five, as amended by the acts amendatory thereof, the same being section sixty-eight hundred and twelve of Howell's annotated statutes. amended. SECTION 1. The People of the State of Michigan enact, Section That section one of act number two hundred and twentyone of the session laws of eighteen hundred and sixty-five, entitled "An act requiring judges of probate in certain cases to give notice to foreign consuls of an application for administration in the estate of deceased persons, approved March eighteenth, eighteen hundred and sixty-five, as amended, the same being section sixty-eight hundred and twelve of Howell's annotated statutes, be and the same is hereby amended so as to read as follows: to notify foreign 105 306 SECTION 1. Whenever it shall appear upon application to Judge of probate any probate court for letters of administration, or to prove consul. the will of any deceased person, that the heirs at law of said deceased, or any of them, are residents of a foreign country, it shall be the duty of the judge of such probate court to notify the consul, vice consul, or consular agent, resident in [this] State, if there be one of such foreign nation where the said heir or heirs may reside and if no such consul, vice consul, or consular agent, reside in the State, he shall notify the consul of such foreign nation in the city of New York, of the pending of, and the day appointed for hearing such application. And such notice may be given by letter addressed to such consul, vice consul, or consular agent, and deposited in the postoffice with the postage prepaid thereon, at the city or village where such application was made, at least sixty days before such day of hearing, unless such heir or heirs shall file in such probate court a waiver of such notice, in writing and under oath. Approved April 4, 1895. Act amended, Who may execute articles of association. [ No. 60. ] AN ACT to amend act number one hundred seventy-three of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of orders of the Sons of St. George," approved June thirtieth, eighteen hundred ninety-one, by adding two sections thereto to stand as sections eight and nine. SECTION 1. The People of the State of Michigan enact, That act number one hundred seventy-three of the session laws of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of orders of the Sons of St. George," approved June thirtieth, eighteen hundred ninetyone, be and the same is hereby amended by adding two sections thereto to stand as sections eight and nine. SEC. 8. Any ten or more members of the body known as the Grand Lodge of the State of Michigan of the Order Sons of St. George, which number shall include the executive board of said grand lodge, may, under the provisions of this act, make and execute articles of association under their hands and seals, to be acknowledged before some officer of this State having authority to take acknowledgment of deeds, which articles shall set forth the same facts provided for in section two of this act, except that the location may be set forth as in the State of MichiCorporate name. gan merely, and the corporate name shall be the "Grand Lodge of the State of Michigan of the Order Sons of St. George," and the object and purpose of the association shall be, and shall be set forth as, to exercise such juris diction, power and authority over subordinate lodges of said order in this State as are now, or may be given it by virtue of the articles and regulations of such Grand Lodge as they now, or as they may from time to time exist, not inconsistent with the laws and constitution of this State and of the United States. Articles of asso of State. SEC. 9. Such articles of association shall be filed in the with Secretary office of the Secretary of State, and thereupon the persons who have signed the same, their associates and successors, shall be a body corporate with all the powers and privileges as to property conferred by this act upon local lodges of said order, together with the jurisdiction, power and authority over local or subordinate lodges of said order in this State, mentioned in the preceding section, and shall be subject to all the provisions of law and reservations of power described in section seven of this act. This act is ordered to take immediate effect. [ No. 61. ] AN ACT to amend section one of act number two hundred fifty-six of the public acts of eighteen hundred eighty-one, entitled "An act to provide for suits against foreign corporations in the courts of this State," approved June tenth, eighteen hundred eighty-one, being section eighty-one hundred forty-five of Howell's annotated statutes of Michigan. amended. SECTION 1. The People of the State of Michigan enact, Section That section one of act number two hundred fifty-six of the public acts of eighteen hundred eighty-one, entitled "An act to provide for suits against foreign corporations in the courts of this State, approved June tenth, eighteen hundred eighty-one, being section eighty-one hundred forty-five of Howell's annotated statutes of Michigan, be and the same is hereby amended so it shall read as follows: SECTION 1. The People of the State of Michigan enact, Where sults may That suits may be commenced at law or in equity in the be commenced. circuit court for any county of this State where the plaintiff resides or service of process may be had and suits at law, before justices of the peace in such county; and in cases where the plaintiff is a non-resident in any county of the State, against any corporation not organized under the laws of this State in all cases where the cause of action accrues within the State of Michigan, by service How service of a summons, declaration or chancery subpoena within the State of Michigan, upon any officer or agent of the corporation, or upon the conductor of any railroad train, or upon the master of any vessel belonging to or in the service of the corporation against which the cause of action has accrued: Provided, That in all cases, except before justices of the peace, no judgment shall be rendered for sixty days after the commencement of suit, and the plaintiff shall, within thirty days after commencement of suit, send notice by registered letter to the corporation defendant at its home office. Approved April 4, 1895. [No. 62. ] AN ACT to provide for the reorganization of fire and marine insurance companies, the terms of existence of which may hereafter expire by limitation, and to fix the duties and liabilities of such renewed corporation. of fire and mar SECTION 1. The People of the State of Michigan enact, Reorganization That it shall be lawful for any corporation heretofore organ- ine insurance ized or existing under the general laws of this State, for companies, |