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[No. 32.]

AN ACT making a deficiency appropriation for the State Highway Department for the fiscal year ending June thirty, nineteen hundred thirteen, and providing a tax to meet the same.

The People of the State of Michigan enact:

purposes.

SECTION 1. There is hereby appropriated for the State Amounts and Highway Department for the fiscal year ending June thirty, nineteen hundred thirteen, the sum of one hundred fifty thousand dollars, of which fifteen hundred dollars shall constitute the sum to be used for salaries and the running expenses of the department, and the balance shall constitute the State reward fund for the improvement of the public wagon roads, as provided in act number two hundred eighty-three of the l'ublic Acts of nineteen hundred nine as amended. Any money's remaining in either or both of these funds at the close of the fiscal year shall be carried over by the Auditor General and added to the funds which become available for the following year.

SEC. 2. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred thirteen, the sum of one hundred fifty thousand dollars, which amount when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved March 28, 1913.

[No. 33.]

AN ACT to amend section one hundred twenty-two of act number two hundred six of the Public Acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the Public Acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," approved June one, eighteen hundred ninety-three, being section three thousand nine hundred forty-five of the Compiled Laws of eighteen hundred ninety-seven, relative to the blanks used by county officers in returning delinquent taxes to the Auditor General.

Section amended,

Blanks, etc., who to furnish, etc.

The People of the State of Michigan enact:

SECTION 1. Section one hundred twenty-two of act number two hundred six of the Public Acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the Public Acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," approved June one, eighteen hundred ninety-three, being section three thousand nine hundred forty-five of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended to read as follows:

SEC. 122. It shall be the duty of the Auditor General to provide and furnish in due season to the several county clerks and treasurers, at the expense of the State, all forms, blanks and record books made necessary by this act, and it shall be the duty of said county clerks and treasurers to use the blanks furnished by the State or approved by the Auditor General, and no others.

Approved March 28, 1913.

Sterilization of certain persons.

Examining board, who

[No. 34.]

AN ACT to authorize the sterilization of mentally defective persons maintained wholly or in part by public expense in public institutions in this State, and to provide a penalty for the unauthorized use of the operations provided for.

The People of the State of Michigan enact:

SECTION 1. Authority is given to the management of any institution maintained wholly or in part by public expense, in whose custody may be held individuals who have been by a court of competent jurisdiction adjudged to be and who are mentally defective or insane, to render incapable of procreation, by vasectomy or salpingectomy or by the improvement of said surgical operation which is least dangerous to life and will best accomplish the purpose, any person who is mentally defective or insane.

SEC. 2. The boards of the aforesaid institutions and the to constitute. physicians or surgeons in charge of each of said institutions, shall for each of their respective institutions constitute a board, the duty of which shall be to examine such inmates

of said institutions as are reported to them by the warden or medical superintendent to be persons by whom procreation would be inadvisable. Such board shall receive the re- Duty of. port of insanity experts hereinafter mentioned, examine the physical and mental condition of such persons and their record and family history so far as the same can be ascertained, and if in the judgment of a majority of said board, procreation by any such person would produce children with an inherited tendency to insanity, feeble-mindedness, idiocy or imbecility, and there is no probability that the condition of such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall direct a competent physician or surgeon with such other assistants as may be necessary, to perform the operation of vasectomy or salpingectomy or any other operation or improvement on vasectomy or salpingectomy recognized by the medical profession, as the case may be, upon such person. Such operation shall be performed in a safe and humane manner, and the board making such examination, and the institution physician or surgeon shall receive no extra compensation therefor: Provided, That at least thirty days' notice Proviso, shall be given to the parents or guardian of such person be- notice. fore the performing of such operation; said notice to specify the purpose, time and place of such examination: Provided Further further, That when said parents or guardian object to the proviso. performance of such operation, then the question of the sanity of such person shall be referred to the probate court of the county in which the institution is located where the question of the sanity and the necessity for this operation shall be determined as in other insane cases before such courts.

hire expert physicians.

SEC. 3. In case an institution has no physician at its head When may authority is given to the board of managers to cause such operation to be performed, to hire expert physicians to examine and report on the condition of the subject, and to perform the operation with such other assistants as may be necessary: Provided, Before said operation is ordered there Proviso. shall first be secured from two physicians having qualifications prescribed by law for examiners in insanity, a written statement or report that such operation is desirable in the interests of the patient or the good of the community: And Provided further, That these physicians shall be allowed for Further their services the compensation fixed by statutes for the examination and certification of an insane person. The several sums necessary to carry out the provisions of this act shall be certified to be correct by the respective boards and shall be paid out of the general fund of the State upon the warrant of the Auditor General.

proviso, compensation.

Records, when

set forth.

SEC. 4. In relation to each individual person sterilized filed, what to under the provisions of this act, the board of control of the institution in which said person is an inmate shall file with the State Board of Public Health of Michigan, a written record setting forth the name, age, sex, nationality, type or class of mental defectiveness of said person, the nature of the operation performed, the subsequent mental and physical condition as affected by said operation: Provided, That said records shall not be for public inspection, but may be open to inspection of the members of the board of control of the aforesaid institutions and of the members of the immediate family of the person operated upon, or any physician or surgeon designated by them.

Proviso.

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SEC. 5. Except as authorized by this act, every person who shall perform, encourage, assist in or otherwise promote the performance of either of the operations described in section one of this act, for the purpose of destroying the power to procreate the human species, or any persons who shall knowingly permit either of such operations to be performed upon such person, unless the same shall be a medical necessity, shall be guilty of a felony, and upon conviction thereof shall be fined not more than one thousand dollars or imprisoned in the State Prison not more than five years, or both in the discretion of the court before whom the said person or persons were so convicted.

Approved April 1, 1913.

Section

amended.

[No. 35.]

AN ACT to amend section five of act number one hundred ninety of the Public Acts of eighteen hundred ninety-one, entitled "An act to prescribe the manner of conducting and to prevent fraud and deception at elections in this State," being section three thousand six hundred sixteen of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number sixty of the Public Acts of nineteen hundred eleven.

The People of the State of Michigan enact:

SECTION 1. Section five of act number one hundred ninety of the Public Acts of eighteen hundred ninety-one, entitled "An act to prescribe the manner of conducting and to prevent fraud and deception at elections in this State," being section three thousand six hundred sixteen of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number sixty of the Public Acts of nineteen hundred eleven, is hereby amended to read as follows:

open.

SEC. 5. On the day of election the polls thereof shall be Polls, when open at seven o'clock in the forenoon or as soon thereafter as may be, and shall be continued open until five o'clock in the afternoon of the same day and no longer; but in townships the board may adjourn the polls at twelve o'clock, noon,

for one hour, in its discretion. The inspectors shall cause Proclamation.
proclamation to be made upon opening the polls and cause
proclamation to be made of the closing of the polls one hour,
thirty minutes and fifteen minutes, respectively before closing
thereof: Provided, That city councils, village councils or Proviso, may
township boards may by resolution keep the polls open until for closing.
eight o'clock in the evening of the same day and no longer.
SEC. 2. This act is immediately necessary for the preser-
vation of the public peace, health and safety.

This act is ordered to take immediate effect.
Approved March 31, 1913. .

extend time

[No. 36.]

AN ACT to amend section 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 compiler's section six thousand ninety-six of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred fortyseven of the Public Acts of nineteen hundred eleven.

amended.

The People of the State of Michigan enact: SECTION 1. Section seven of act number two hundred five Section 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 compiler's section six thousand ninety-six of the Compiled Laws of eighteen hundred ninetyseven, as amended by act two hundred forty-seven of the Public Acts of nineteen hundred eleven, is hereby amended to read as follows:

commissioner

SEC. 7. Whenever articles of incorporation are filed with Banking, the Commissioner of the Banking Department, as provided to make in this act, and the bank transmitting the same notifies the examination. commissioner that at least fifty per cent of its capital has been duly paid in, and that such bank has complied with all the provisions of this act required before the bank shall be authorized to commence business, the commissioner shall examine into the condition of such bank, ascertain the amount of money paid in on account of its capital, the name and place

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