ness of banking and to establish a banking department for the supervision of such business," as amended, being compiler's sections six thousand one hundred twenty-eight and six thousand one hundred twenty-nine of the Compiled Laws, are hereby amended to read as follows: SEC. 39. It shall be duty of the Commissioner of the Banking Commissioner, to Banking Department, and he shall have power for himself, examine banks. his deputy, or any examiner he may appoint for that purpose, to examine two or more times in each year, the cash, bills, collaterals or securities, books of account, condition and affairs of each bank under the law, and also when requested by the board of directors of any bank. For that purpose he may May examine examine on oath any of the officers, agents, clerks, customers etc. or depositors of such bank, touching the affairs and business of such bank. Any wilful false swearing in any examination What deemed shall be deemed perjury. He shall also ascertain whether each bank transacts its business at the place designated in the articles of incorporation, and whether its business is conducted in the manner prescribed by law. officers, clerks, perjury. nation, fee SEC. 40. One examination each year shall be designated as Annual examithe annual examination and for each annual examination the payable for bank examined shall pay into the State treasury for the credit of the general fund one hundredth part of one per cent of the gross amount of the assets of said bank: Provided, That the Proviso. examination fee of any bank shall not be less than twenty-five dollars and that no bank shall be compelled to pay for more than one examination in each year. The expenses incurred and services, other than examinations, performed especially for any bank, shall be paid by such bank. If such charges or the annual fee are not paid after due notice, the commissioner shall maintain an action in his name of office against the delinquent bank for the recovery of such charge, or annual fee, with interest thereon, and the sums so collected shall be paid into the State treasury. No person shall be appointed to examine a bank in which he is interested as stockholder, officer or employe or otherwise. The Commissioner of the Banking Department, his deputy, every clerk in his employment, and examiner shall be bound by oath to keep secret all facts and information obtained in the course of such examination, except in as far as the public duty of such officer requires him to report upon or take official action, regarding the affairs of such bank. No bank shall be subject to any visitation other than such as is required by this act, or otherwise authorized by law. This act is ordered to take immediate effect. Measure of damages, how determined. Amount recov ered, not subject to creditors' claims. Repealing clause. [No. 89.] AN ACT to prescribe the measure of damages in actions for negligent injuries to persons where deaths result, and where the actions are prosecuted under the survival act, and to provide for the distribution of the amounts paid on account of such damages, without participation by creditors of the deceased. The People of the State of Michigan cnact: SECTION 1. In all actions for negligent injury to persons hereafter prosecuted by the executor or administrator of an injured person, under the statute which declares that said actions shall survive, the measure of damage in each case, shall be such a sum as the court or jury shall deem fair and just with reference to the pecuniary injury resulting from the death of the injured person, to those persons who may be entitled to such damages under the law providing for the distribution of personal property left by persons dying intestate, and the amount recovered or paid in settlement of such damages shall not be subject to the claims of creditors of the deceased, but shall otherwise be distributed to the persons and in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate. SEC. 2. All acts or parts of acts in anywise contravening the provisions of this act are hereby repealed. This act is ordered to take immediate effect. Who may incorporate. Who may execute articles. [No. 90.] AN ACT to provide for the incorporation of lodges and encampments of the Independent Order of Odd Fellows. The People of the State of Michigan enact: SECTION 1. The grand and subordinate lodges of the Independent Order of Odd Fellows of the State of Michigan, may be incorporated in pursuance of the provisions of this act. SEC. 2. Any five or more persons, residents of this State, being members of any grand lodge of the Independent Order of Odd Fellows, of the State of Michigan, desirous to become incorporated, may make and execute articles of association, under their hands and seal, which said articles of association shall be acknowledged before some officer of the State having authority to take acknowledgment of deeds, and shall set forth: First, The names of persons associating in the first instance, What to set and their places of residence; forth. Second, The corporate name by which such association shall be known in the law, and the place of its business office; Third, The object and purpose of such association, which shall be to promote the general welfare of the fraternity, known as the Independent Order of Odd Fellows, and the period for which it is incorporated, not exceeding thirty years. SEC. 3. A copy of said articles of association, together with Where filed. a copy of the charter and constitution of said grand lodge, shall be filed with the Secretary of State, and thereupon the persons who shall have signed such articles of association, their associates and successors, shall be a body politic and Shall be body corporate, by the name expressed in such articles of associa- corporate. tion, and by that name they and their successors shall have succession, and shall be persons in the law, capable to purchase, take, receive, hold and enjoy, to them and their successors, estates, real and personal, of suing and being sued, and they and their successors may have a common seal, which may be changed and altered at their pleasure: Provided, That the Proviso, as to value of such real and personal estate shall not exceed the amount of sum of fifty thousand dollars, and that they and their successors shall have authority and power to give, grant, sell, lease, demise and dispose of said real and personal estate, or part thereof, at their will and pleasure, and the proceeds, rents and Proceeds, how incomes shall be devoted exclusively to charitable and benevo- used. lent purposes of the Independent Order of Odd Fellows. Said corporation shall have full power and authority to make and May make byestablish rules, regulations and by-laws, for regulating and laws, rules, etc. governing all the affairs and business of said corporation, according to the laws of the State, and the United States, and to designate, elect or appoint from its members such officers, under such name and style, as shall be in accordance with the constitution of the grand lodge. property. incorporation. SEC. 4. A copy of the record of such articles of association, Evidence of under the seal of the State, duly certified according to law, shall be received as prima facie evidence in all courts of this State, of the existence and due incorporation of such corporation. ordinate lodges. SEC. 5. Such corporation, when duly formed, shall have May institute power to institute and charter subordinate lodges within this and govern subState and from time to time to make, ordain, constitute and establish such constitution, general laws and by-laws, ordinances and regulations, as the grand lodge shall judge proper for the regulation and government of such subordinate lodges, not repugnant to the laws of this State: Provided, That the Proviso. existing subordinate lodges heretofore duly chartered by the grand lodge, shall be subject to the control of the grand lodge, under this act, as heretofore, and in the same manner and to the same extent, as those that may be hereafter instituted and Further proviso, chartered under this act: Provided further, That in case the Subordinate lodges may incorporate. Articles, where filed. Shall be body corporate. Evidence of incorporation. Proviso. May erect lodge building. corporators, or persons associating in the first instance, shall by death, resignation, or for other cause, under the rules of the grand lodge, become ineligible to act in such capacity, their successors may, from time to time, be appointed by the grand lodge. SEC. 6. Any five or more persons, residents of this State, being members of a subordinate lodge of the Independent Order of Odd Fellows, having been duly chartered by the grand lodge, desirous to become incorporated, may make and execute articles of association, specifying as provided in section two of this act, and file a copy of the same with the clerk of the county in which such corporation shall be formed, which shall be recorded by such clerk in a book to be kept in his office for that purpose; and thereupon the persons who shall have signed said articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, hold, enjoy, grant, sell, give, lease and demise, real and personal estate; of suing and being sued, and may have a common seal, and change and alter the same at pleasure; and a certified copy of the record of such articles of association, under the seal of the county where the said record is kept, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation: Provided, Said corporation shall be limited to the powers and provisions of sections three and eleven of this act, regarding real and personal estate, and the proceeds thereof, under the rules and regulations of the grand lodge, and may elect or appoint from among its members such officers, under such name and style, as shall be in accordance with its constitution. SEC. 7. Any corporation formed in pursuance of this act, may erect and own such suitable edifice, building or hall, as to such corporation shall seem proper, with convenient rooms for the meetings of the fraternity of Odd Fellows; and for May create capi- that purpose may create a capital stock of not more than fifty tal stock. thousand dollars, to be divided into shares of not more than twenty-five dollars each; and any such corporation may take, purchase, hold and own such suitable lot or parcel of ground as may be convenient, for the purpose of a cemetery, and may make all lawful rules and regulations for the disposition of lots, and the burial of the dead therein, as to such corporation may seem proper. SEC. 8. Any grand encampment or grand canton of the Independent Order of Odd Fellows of the State of Michigan, and any subordinate encampment or canton thereof, having been duly chartered, may be incorporated in like manner as grand and subordinate lodges of the Independent Order of Odd Fel lows, and enjoy the same powers, privileges and benefits under the provisions of this act. SEC. 9. All corporations, formed under this act, shall be Certain chapter subject to the provisions of chapter two hundred thirty of the to govern. Compiled Laws of eighteen hundred ninety-seven of this State, so far as the same may be applicable to corporations formed under this act; and the legislature may alter or amend this act at any time. changed. SEC. 10. The location of the business offices of the grand How location of lodge and grand encampment of the Independent Order of business office, Odd Fellows, or either of them, may be changed at any time, upon filing a written notice of such change in the office of the Secretary of State, within twenty days from the time of the change of such location. erty, may be SEC. 11. Any lodge or encampment of the Independent Amount of propOrder of Odd Fellows incorporated under the provisions of held, conveyed, this act, may receive, purchase, and hold in its corporate ca- mortgaged. pacity, real and personal estate, and the same or any part thereof, demise, convey, mortgage, use and dispose of at pleasure to the amount of two hundred thousand dollars; and may subscribe to the stock of any incorporated company, for May subscribe the purpose of erecting a suitable edifice, building or hall, with convenient rooms for the meetings and use of the fraternity of Odd Fellows. This act is ordered to take immediate effect. stock for lodge [No. 91.] AN ACT to prevent the importation from other states and the spread within this State, of dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits, and to repeal all acts or part [parts] of acts that contravene the provisions of this act. The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person or persons, Infected trees, firm or corporation, knowingly, to keep upon their premises, unlawful to keep. or upon premises under their control or charge, any trees or fruit infected with the diseases known as peach yellows, rosette, or little peach, or any part of a tree infected with the diseases known as black knot or pear blight, or any tree, shrub, plant or vine infected with any other dangerously contagious disease, or infested with the San Jose scale, cankerworm or any other dangerously noxious insect pest. It shall Unlawful to sell also be unlawful for any person or persons, firm or corpora infected trees. |