the premises described in the complaint, up to the time This act is ordered to take immediate effect. [ No. 87. ] | 103 180 AN ACT to amend section four of act number two hundred seventy-six of the public acts of eighteen hundred eightyseven, entitled "An act to require security to be given on staying proceedings upon verdicts and judgments in the circuit courts of this State," approved June twentyseventh, eighteen hundred eighty-seven, as added by act number one hundred fourteen of the public acts of eighteen hundred eighty-nine, the same being section seventysix hundred twenty-one f of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, Section That section four of act number two hundred seventy-six of amended. the public acts of eighteen hundred eighty-seven, entitled "An act to require security to be given on staying proceedings upon verdicts and judgments in the circuit courts of this State," approved June twenty-seventh, eighteen hundred eighty-seven, as added by act number one hundred fourteen of the public acts of eighteen hundred eighty-nine, the same being section seventy-six hundred twenty-one of Howell's annotated statutes, be and the same is amended so as to read as follows: required to stay execution upon issued out of writ of error, supreme court. SEC. 4. No further or other bond shall be required to No further bond stay and supersede execution upon any writ of error issued and supersede out of the supreme court of this State by or on behalf of the party filing the bond mentioned and required in section one of this act: Provided, That where the judgment of the circuit court is against the defendant in an action to recover possession of lands, brought under chapter one hundred twenty-three of the revised statutes of eighteen hundred forty-six, the same being chapter two hundred eighty-six of Howell's annotated statutes, the penalty of said bond shall be not less than double the amount of the annual rental value of said premises and with a further condition, that if complainant obtain restitution of the premises in said suit, the said defendant will forth with pay all rent due or to become due, or the rental value thereof, during the time the same has been retained by the defendant, to the complain ant for the premises described in the complaint, up to the time said complainant shall obtain possession thereof; together with the costs of suit in prosecuting said complaint and obtaining restitution of said premises; and if the complainant obtain restitution of said premises, he may, at his election, sue and recover on said bond, or bring his action against the defendant, under section eighty-three hundred six of Howell's annotated statutes. Approved April 22, 1895. Incorporation of mutual insur companies. [ No. 88. ] AN ACT to provide for the incorporation of mutual insurance companies to insure against loss by breakage of plate glass, and defining their powers and duties. SECTION 1. The People of the State of Michigan enact, ance plate glass That any number of persons, not less than fifteen, may associate together and form an incorporated company, for the purpose of mutual insurance of plate glass belonging to its members against loss by breakage as the charters and by-laws of said companies may provide. Articles of incorporation to be filed with com. missioner of insurance. After filing articles of associa tion may open books and receive propos1tions as to insurance. SEC. 2. Such persons, so associating, shall file in the office of Commissioner of Insurance, a statement signed by all the corporators, stating their purpose of forming a company for the transaction of the business of insurance, as expressed in the first section of this act, which statement shall also comprise a copy of the charter proposed to be adopted by them. SEC. 3. The persons so associating, after having filed their statement, may open books to receive propositions and enter into agreements, in the manner hereinafter specified; but no company organized under this act shall do any business, or take any risks or make any insurance, in a less territory than this State. No insurance company organized as aforesaid shall commence business until bona fide argeecommence busi- ments have been entered into for insurance with at least fifty individuals, covering property to be insured to the amount of not less than five thousand dollars. Number and amount required before company ness. Amount of real estate that com pany may purchase or hold, Such property SEC. 4. No company formed under this act shall purchase or hold any real estate except: First, Such as shall be necessary for its immediate as necessary to accommodation in transacting business; or conduct its business, Mortgaged property in way of security. Conveyed prop. erty for debt. Property at sales on judgments, etc. Second, Such as shall have been conveyed or mortgaged to the company in good faith by way of securities for debt; or Third, Such as shall have been conveyed to the company in satisfaction for debt; or Fourth, Such as shall have been purchased at sales upon judgments, decrees or mortgages, in favor of such disposed of with postpone sale of property. company, or held or owned by it; and all real estate obtained by virtue of any provisions of this section, except that mentioned in the first subdivision, shall be sold or Property to be disposed of within five years after the title has been per- in five years. fected in such company, unless the company shall procure a certificate from the Commissioner of Insurance that the interests of said company will materially suffer by forced sale, in which event the sale may be postponed for such Commissioner of period as the Commissioner of Insurance shall direct in insurance may said certificate, not to exceed ten years in all. SEC. 5. In addition to the foregoing provisions, it shall Mode and manbe the duty of the corporators of any company organized under the provisions of this act, to declare in the charter, which is hereby required to be filed, the mode and manner in which the corporate powers, given under and by virtue of this act, are to be exercised, the mode and manner of electing trustees, or directors, who shall be citizens of this State, the filling of vacancies, the period for the commencement and termination of its fiscal year, and may prescribe therein the liabilities of its members to be assessed towards defraying the losses and expenses of the company, and the mode and manner of collecting such assessments. trustees to be specified in ner of electing charter. ined by Attor SEC. 6. The charter thus to be filed by the corporation when charter shall be examined by the Attorney General, and if found filed to be exam. to be in accordance with the requirements of this act he ney General, shall certify the same to the Commissioner of Insurance, and said commissioner may appoint three disinterested persons, who shall be residents of this State, who shall certify under oath that said corporation has received and is in actual possession of the premiums or engagements of insurance, as the case may be, to the full extent required in this act: Provided, however, The Commissioner of Insur- Proviso as to ance may make such examination personally or by his dep- insurance. uty. Copies of such certificate shall be filed in the office Coples of certifi of Commissioner of Insurance, whose duty it shall then be cates to be filed to furnish such corporation with a certified copy of the stoner of insurcharter and certificate aforesaid, which shall be their authority to commence business and issue policies, and the same may be used as evidence for or against such corporation. commissioner of with commis ance. have power to SEC. 7. The corporators, or the trustees or directors, as Trustees or the case may be, of any company organized under this directors shall act, shall have power to make such by-laws, not incon- make by-laws. sistent with the constitution or laws of this State, as may be deemed necessary for the government of its officers. and members, and the conduct of its affairs. con- Companies formed under one this act to be statutes, governed by the SEC. 8. Any company formed under this act shall form, in all respects, and be governed by chapter hundred and thirty two of Howell's annotated except where the same is inconsistent herewith. This act is ordered to take immediate effect. mutual fire insurance law. Section amended. Residence of circuit court stenographer. Officer of the court. Compensation, how paid. AN ACT to amend section three of act number fifty-six of the public acts of eighteen hundred eighty-nine, entitled "An act providing for the employment, defining the duties, and fixing the compensation of a stenographer for the eighth judicial circuit, State of Michigan, and to provide for the collection and disposition of stenographer's fee," approved April twenty-third, eighteen hundred and eighty-nine, the same being compiler's section sixty-five twenty-two g 5 of Howell's annotated statutes. SECTION 1. The People of the State of Michigan enact, That section three of act number fifty-six of the public acts of eighteen hundred and eighty-nine, entitled "An act to provide for the employment, defining the duties, and fixing the compensation of a stenographer for the eighth judicial circuit, State of Michigan, and to provide for the collection and disposition of the stenographer's fee," approved April twenty-third, eighteen hundred eightynine, the same being compiler's section sixty-five twentytwo g 5 of Howell's annotated statutes, be and the same is hereby amended so as to read as follows: SEC. 3. Said stenographer shall reside at the county seat of the county in which the judge of said judicial circuit shall have his place of residence. Said stenographer shall be deemed an officer of the court, and it shall be his or her duty to attend said court at each term, and to take full stenographic minutes of the testimony and proceedings upon the trial of each issue of fact tried before the court or jury, at law or in chancery, and as a compensation for such services he shall receive the sum of twelve hundred dollars per annum, which said sum shall be paid in monthly installments out of the county treasuries of the counties composing said circuit. The amount to be paid by each of said counties shall be determined upon the basis of the number of suits entered and commenced in the circuit courts for such counties, respectively, the preceding year; and on the first day of January of each Judge to appor year, or as soon thereafter as may be, it shall be the duty of the judge of said courts to apportion the amount of such salary to be paid by each county, respectively, upon the basis aforesaid, and to notify the treasurer of each county thereof, and when so notified, the treasurer of each of said counties shall thereafter, until a new apportionment of salary is made, pay, in monthly installments, the annual salary of said stenographer in accordance with said appor'tionment and notification of the circuit judge, and the receipt of said stenographer shall be a sufficient voucher for each of the county treasurers aforesaid. tion amount of salary to each county, Approved April 24, 1895. [No. 90. ] AN ACT to provide for the maintenance of discipline and for the better government of the Michigan Soldiers' Home and the Home for the Soldiers, Sailors and Marines, who served in the late civil war, their wives and mothers. Soldiers' Home. SECTION 1. The People of the State of Michigan enact, Who to be offThat the officers of the Michigan Soldiers' Home and cers of Michigan the Home for the Soldiers, Sailors and Marines who served in the late civil war, their wives and mothers, shall consist of a commandant, with the military rank of colonel; an adjutant with the military rank of major; a surgeon with the military rank of major; a quartermaster with the military rank of captain, and such non-commissioned officers as the commandant may from time to time. appoint. mandant rela SEC. 2. It shall be the duty of the commandant to pro- Duty of comvide some suitable place within said home wherein disobe- tive to disorderly dient or otherwise disorderly persons can be restrained, and persons. the said commandant or such other officer as may be temporarily in command may place in restraint any disobedient or otherwise disorderly person, until such person can be brought before the proper judicial tribunal, or until the necessity for such restraint shall have passed away: Provided, No person shall be so restrained more than forty. eight hours. report of persons SEC. 3. It shall be the duty of such commandant to commandant to make a detailed written report of every case in which said make written restraint shall have been resorted to, to the board of mana- restrained to gers of the home at the next meeting of the board such action shall have been taken. SEC. 4. All acts or parts of acts contravening the visions of this act are hereby repealed. This act is ordered to take immediate effect. board of after managers. pro- Repealing clause. [ No. 91. ] AN ACT to amend act number one hundred eighty-two of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the payment of a franchise fee by corporations, as amended by act number seventy-nine of the public acts of eighteen hundred ninety-three, by adding a new section thereto to stand as section four. amended, SECTION 1. The People of the State of Michigan enact, Section That act number one hundred and eighty-two of the public acts of eighteen hundred ninety-one, entitled "An act to |