[No. 87.] AN ACT to amend section six of chapter three of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," approved June two, eighteen hundred ninety-seven, the same being compiler's section number four thousand three hundred twenty-four of Miller's Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section six of chapter three of act number two Section hundred fifty-four of the public acts of eighteen hundred amended. ninety-seven, entitled "An act to provide for the construction and maintenance of drains and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," approved June two, eighteen hundred ninety-seven, is hereby amended so as to read as follows: addressed, etc. SEC. 6. The citation shall recite so much of the premises as Citation, what to will show jurisdiction, giving a description of the land trav-show; to whom ersed by such drain, and in the case of resident owners who reside upon the premises traversed by said drain shall be addressed to such owners by name; in the case of non-resident owner or owners not residing upon the land traversed, it shall be addressed to the non-resident owner or owners, but it shall not be necessary to name such owner or owners. It shall describe the drain by its commencement, terminus and general course, and shall set forth that land owned by the persons to whom it is addressed will be crossed by such drain and may be subject to assessment for its construction, and that a description and survey of such drain is on file with the court issuing such citation and describe the land to be taken. Such citation shall be personally served by the county drain com- Service of. missioner or some other competent person, upon every person whose lands are traversed by the said drain, who has not released the right of way and all damages on account thereof, and who resides on any land to be traversed by said drain, by delivering to him or her a copy thereof or by leaving the same at his or her residence with some person of suitable age and discretion, who shall be informed of its contents. In all cases Time between of personal service at least ten days shall intervene between and hearing the day of service and day of hearing, and the court issuing such citation shall require proof of such service by affidavit showing the time, place and manner of such service. Citations shall be served upon a township by leaving a copy thereof with the supervisor and highway commissioner of such township, or at their residence; upon cities by leaving a copy thereof with the mayor and street commissioner; upon the State by leaving day of service Service, in case of non-residents. Publication of notice. When unnecessary to publish. or mailing a copy thereof to the State Land Commissioner and the prosecuting attorney of the county in which such lands are situated; upon railroad companies by leaving a copy thereof with the agent in charge of any ticket or freight office of the company operating such railroad in the county in which the lands or right of way of the railroad traversed by said drain are situated; and if there shall be no such agent in said county, then by mailing a copy of the citation, so far as it affects the lands or right of way of said railroad company, addressed to either the president, general manager or general superintendent of the company operating such railroad, at the place where its general offices are situated, at least two weeks previous to the day of hearing; and upon other corporations by serving the same upon the officer or person designated by law in cases of civil process. If any lands involved are owned by non-residents of the township or townships, or by residents who do not reside upon the premises traversed by said drain, a copy of the citation so far as it affects such lands shall be mailed to such residents or non-residents at least two weeks before the day of hearing, if their residence can by reasonable diligence be ascertained, and shall be published in some newspaper published and circulating in the county in which such lands are located, for at least two weeks previous to the day of hearing, which publication shall be deemed to be sufficient notice to all such parties, and it shall not be necessary to name such owner or owners in said publication. The first publication of such notice. shall be at least fourteen full days before the day of hearing, and proof of its publication shall be made as above provided in the case of personal service. In case any owner of any land, wherever he may reside within the State, shall receive personal service of the citation, then as to such owner it shall not be necessary to publish such citation or serve it upon the occupant. Approved May 3, 1905. Sections amended. [No. 88.] AN ACT to amend sections thirty-nine and forty of act number two hundred five of the public acts of eighteen hundred eighty-seven, as amended, 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 sections six thousand one hundred twenty-eight and six thousand one hundred twenty-nine of the Compiled Laws. The People of the State of Michigan enact: SECTION 1. Sections thirty-nine and forty of act number two hundred five of the public acts of eighteen hundred eightyseven, entitled "An act to revise the laws authorizing the busi 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: missioner, to SEC. 39. It shall be duty of the Commissioner of the Banking ComBanking 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 enact: 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 |