[No. 31.] AN ACT to authorize the State Board of Agriculture to sell a certain tract of land belonging to the Upper Peninsula experiment station and to purchase a certain other tract of land for the use of the Upper Peninsula experiment station. The People of the State of Michigan enact: sell certain land. SECTION 1. That the State Board of Agriculture is hereby Authorized to authorized to sell a certain tract or parcel of land belonging to the Upper Peninsula experiment station described as follows, to wit: A strip of land one hundred seventy feet wide Description. at the east end and two hundred seventy feet wide at the west end off from the south side of the southeast quarter of section twenty-eight in township forty-six north, range twenty-one west, Alger county, being all of the land south of the right of way of the Munising Railroad Company, conveyed by the Munising Company to the State Board of Agriculture of Michigan by a certain indenture bearing date the first day of November, eighteen hundred ninety-nine. deed. credited. SEC. 2. The State Board of Agriculture is hereby author- To determine ized to sell said tract of land at such price as may be deter- price and execute mined by said board and to execute a deed of the same by its president and secretary; all proceeds from the sale of Proceeds, where said land, except as provided in section three of this act shall be credited to the current account of the agricultural college. SEC. 3. The State Board of Agriculture is also authorized Authorized to to purchase in its discretion a strip of land containing an purchase certain area not in excess of that authorized to be sold under section one of this act; the said strip of land to be located on the Where located. south side of the northeast quarter of section twenty-eight, township forty-six north, range twenty-one west and being adjacent to the north boundary line of the land now belong ing to the Upper Peninsula experiment station. But no debt How paid for. shall be incurred for such purchase and the amount paid for such land shall be paid from, and shall not be in excess of, the amount received from the sale of land described in section one of this act. Approved March 29, 1905. Title and section amended. When courts may place defendant on probation. May place in care of probation officer. When court may [No. 32.] AN ACT to amend the title and section one, of act number ninety-one of the public acts of nineteen hundred three, entitled "An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act." The People of the State of Michigan enact: SECTION 1. The title and section one, of act number ninetyone of the public acts of nineteen hundred three, entitled "An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation under the care of probation officers provided in this act," are hereby amended to read as follows: An act to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act, and to revoke and terminate such probation, and pronounce judgment thereon, and to discharge such persons from custody when on probation, when satisfied of such person's reformation. SECTION 1. Provided the defendant has never before been convicted in this State or elsewhere of a crime or misdemeanor, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner: First, Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer and under such terms and conditions as it may determine. Second, At any time during the probationary term of a revoke probation, person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may, in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fine or imprisonment or both any time thereafter within the long discharge re est period for which the defendant might have been sentenced. The court whenever satisfied that the respondent has suffi- When court may ciently reformed that it is reasonably certain that he will not spondent. thereafter pursue a life of crime, may terminate said probation and discharge the respondent from custody. Approved March 29, 1905. ! [No. 33.] AN ACT to amend section three of act twenty-two of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of lodges of the Benevolent and Protective Order of Elks." The People of the State of Michigan enact: amended. SECTION 1. Section three of act twenty-two of the public Section acts of eighteen hundred ninety-one, entitled "An act to provide for the incorporation of lodges of the Benevolent and Protective Order of Elks," the same being section eight thousand eighty-one of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: where filed. corporate. SEC. 3. A copy of said articles of association, together Articles of with the charter and constitution of the grand lodge of the association, Benevolent and Protective Order of Elks shall be filed with the Secretary of State; and thereupon the persons who have signed such articles of association, their associates and suc- To be body cessors, 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, take, receive, hold and enjoy to them and their successors estates, real and personal, of suing and being sued, and to have a common seal, which may be altered or changed at their pleasure: Provided, Proviso. That the value of such real and personal estate shall not Value of exceed the sum of one hundred fifty thousand dollars and property. that they and their successors shall have the power to give, grant, sell, lease, mortgage, demise, and dispose of said real Sale of property, and personal estate or part thereof at their will and pleasure, proceeds, how and the proceeds, rents and incomes shall be devoted to the protection and aid of its members and their families, and for no other purpose. Said corporation shall have full power to May make rules, make and establish rules, regulations and by-laws, for regu- by-laws, etc. lating and governing all the affairs and business of said corporation not repugnant to, or inconsistent with the constitution, rules and edicts of the grand lodge of the order, or with the constitution and laws of this State, or of the United States, and to elect and appoint from its members, such offi- Sections amended. [No. 34.] AN ACT to amend sections thirty-four, thirty-seven and thirty-nine of act number one hundred eighty-seven of the public acts of 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," approved June seventeen, eighteen hundred eighty-seven, and the acts amendatory thereof, and as amended by act number two hundred forty-six of the public acts of nineteen hundred three, and to repeal all acts and parts of acts inconsistent with the provisions of this act. The People of the State of Michigan enact: SECTION 1. Sections thirty-four, thirty-seven and thirtynine of act number one hundred eighty-seven of the public acts of 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 business of all such corporations and associations doing business within this State," approved June seventeen, eighteen hundred eightyseven, and the acts amendatory thereof, and as amended by act number two hundred forty-six of the public acts of nineteen hundred three, are hereby amended to read as follows: SEC. 34. Every corporation, association or society organized under this act shall maintain a reserve or emergency fund, which said fund shall be deposited with the State Treasurer, and shall be the sum of two thousand dollars, except as hereinafter provided: Provided, That whenever the amount of the assessments or premiums paid into the home office of any such corporation, association or society shall exceed the sum of twenty-five thousand dollars and shall not exceed fifty thousand dollars, in any one year, such reserve or emergency fund shall be maintained and deposited with the State Treasurer as aforesaid, in the sum of three thousand dollars: Further proviso. And provided further, That in case the amount of assessments or premiums paid into the home office of any such corporation, association or society shall exceed the sum of fifty thou To maintain reserve fund. Amount, where deposited. Proviso. sand dollars in any one year, such reserve or emergency fund shall be maintained and deposited with the State Treasurer as aforesaid, in the sum of five thousand dollars. how dissolved. SEC. 37. Such vote or approval of a contract or reinsur- Corporation, ance or transfer of its risks, shall act as a dissolution of the corporation, association or society; and all liability upon its When liability certificates shall cease upon the expiration of five days follow- to cease. ing such vote, but its officers may thereafter perform any act necessary to close its affairs; and upon such dissolution as Reserve fund, aforesaid the State Treasurer shall upon the written order of when paid over. the Commissioner of Insurance at once return and pay over to the proper officers of such corporation, association or society the reserve or emergency fund deposited with him as hereinbefore provided. panies, when reserve paid SEC. 39. În event any such corporation, association or so- Insolvent comciety be adjudged insolvent the State Treasurer shall upon the written order of the Commissioner of Insurance pay over to receiver. the receiver thereof the amount remaining in the reserve or emergency fund deposited with him as aforesaid, and the receiver shall apply said fund, or so much thereof as is neces- How fund used. sary, to the payment of all outstanding claims or other legal indebtedness against such corporation, association or society, and if thereafter there remain a balance the same shall be paid to the proper officers of said corporation, association or society. SEC. 2. All acts and parts of acts inconsistent with the Acts repealed. provisions of this act are hereby repealed. This act is ordered to take immediate effect. [No. 35.] AN ACT to amend section one of an act, entitled "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes, in the holding of courts and relative to the continuance of suits," approved March eighth, eighteen hundred sixty-five, as amended by act number two hundred eight of the public acts of eighteen hundred eighty-one; as amended by act number seventy-seven of the public acts of eighteen hundred ninety-three; as amended by act number one hundred eightyfive of the public acts of eighteen hundred ninety-three, being section four thousand eight hundred eighty of the Compiled Laws of one thousand eight hundred ninety-seven, as amended by act number two hundred fifty-four of the public acts of one thousand nine hundred three. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred twenty- Scetion four of the session laws of eighteen hundred sixty-five, en- amended. |