deposited in a savings or other bank, and that such fund so accumulated, with its own earnings, shall constitute the amount of benefits to be paid to the beneficiary or beneficiaries of the member first dying, and that upon the death of a member, a new mortuary, fund shall be created by a like assessment upon each of said members remaining and each new member upon becoming a member, so that the amount of death benefits to be paid by such society shall be governed by the number of members in good standing, and the amount earned by such fund, so deposited in such bank. SEC. 5. Every such corporation shall, when by him re. Report to quested to do so, and upon blanks, by him furnished, report Commissioner. to the Insurance Commissioner, all facts concerning its business, which he may require, and shall be subject to the supervision of said commissioner, according to the provisions of sections fifteen and twenty-two of act one hundred eightyseven of the public acts of eighteen hundred eighty-seven, so far as the same may be applicable and not in conflict with the provisions of this act. Insurance rations may SEC. 6. Any society, coming within the purview of this Former corpoact, that may have heretofore become incorporated under and receive benefit by virtue of any other law, may secure the benefits and of this act. provisions of this act, by filing in the office of the Secretary of State and also in the office of the county clerk of said Mason county, notice in writing, signed by its president and secretary, of its desire so to do. This act is ordered to take immediate effect. [No. 72.] AN ACT to regulate the granting of relief to and the admission of certain poor persons to the asylums and almshouses, and to provide for collecting the expense of the temporary care and transportation of such persons, and to repeal all acts or parts of acts inconsistent herewith. The People of the State of Michigan enact: entitled to SECTION 1. Any poor person who is incompetent to earn Persons not a livelihood at the time of such person's entry into any admission to county in this State, or becomes so incompetent within one asylums, etc. year from the time of such entry, shall not be entitled to admission into any of the State asylums or county asylums or almshouses at the expense of the State or county or to receive any public relief of any nature, when the name of the county or State from whence said person came can be ascertained, excepting such temporary care or relief as such Temporary person may need pending his return, as hereinafter provided, to the county where he was last continuously settled for one year. relief. Duty of superintendents of the poor. Form of notice. Service of notice. Proof of service. Denial of liability by superintendents of poor. SEC. 2. The superintendents of the poor, or any of them, of the county in which such person shall have entered, as aforesaid, in which such person may require temporary relief, shall, within ten days after ascertaining the county in which such person shall have been last continuously settled for one year previous to the time of such entry, give notice, in writing, to the superintendents of the poor of such county, which said notice shall be substantially in the following form: To the Superintendents of the Poor of the county of .... Take Notice, That. who was last continuously settled for a poor person, one year in the before leaving said county and is temporarily coming into the county of...... .day of.... Superintendent of the Poor of A. D...,... ...County. The said notice may be served by any superintendent of the poor of the county where such poor person may temporarily be as aforesaid, upon the superintendents of the poor of the county in which such poor person was last continuously settled for one year, by delivering said notice personally to any of said superintendents of the poor, or by sending a copy of said notice, by registered mail, addressed to the superintendents of the poor of said county, at the county seat of said county; and in any action arising under or by virtue of the provisions of this act, an affidavit of the fact of serving such notice made by the superintendent of the poor making personal service of said notice, as aforesaid, or the affidavit of such superintendent of the poor of the fact of registering and mailing said notice, accompanied by the postoffice receipt for such registered letter and a true copy of the notice enclosed in said letter, shall be sufficient proof of such service. SEC. 3. It shall [be] the duty of the superintendents of the poor, or any of them, of the county sought to be charged with the care, relief, support and return transportation of poor persons by means of the notice required in section two of this act, if they, or any of them, shall deem their county not legally responsible for the care, relief, support and return transportation of such poor persons, to serve a denial of liability, in writing, upon the superintendent of the poor from whom notice was received in accordance with the provisions of section two of this act, within ten days after the date of service of such notice, which said denial shall be substantially in the following form: To the Superintendents of the Poor of the County of Notice of .: ...hereby Take Notice, That the county of denies any and all liability of every name and nature for the care, relief, support and return transportation of the poor person mentioned in a cer ...day of.... . . ...A. superintendent of the .county, and served on the superin tendents of the poor of... .... day of... Dated this. ...county on the...... denial of liability. Superintendent of the Poor of ..County. notice. from denial of Which said denial, in writing, shall be served and proof Service of of such service shall be made in like manner as provided in section two of this act. And in case of service of said denial of liability, as aforesaid, such poor person shall not be transported to said county sought to be charged with the liability for his care, relief, support and return transportation, as aforesaid, until such liability shall be determined by some circuit court within the State; but if such When barred written denial shall not be served on the superintendents liability. of the poor of the county where such poor person or persons may temporarily be, as aforesaid, in the time and in the manner aforesaid, then the county sought to be charged with the care, relief, support and return transportation of such poor person shall be forever barred from denying liability for the expense of the care, relief, support and return transportation furnished pursuant to the notice served in accordance with the provisions of section two of this act. tion of poor persons. SEC. 4. If, after receiving the notice prescribed in sec- Transportation two of this act, the superintendents of the poor of the county served with such notice shall not, within twenty days, transport the poor person described in said notice to said county, then it shall be the duty of the superintendents of the poor of the county serving the notice prescribed in section two of this act to forthwith transport such poor person into the custody of the superintendents of the poor of the county upon which the notice prescribed in section Itemized statement of expenses by temporary relief. two of this act was served as aforesaid. And the superintendents of the poor of the county furnishing temporary county giving care, relief,, support and return transportation, in accordance with the provisions of section one of this act and serving notice as required in section two of this act, shall, within thirty days after furnishing such temporary care, relief, support and return transportation, present to the superintendents of the poor of the county upon which such notice was served, in accordance with the provisions of section three of this act, a sworn itemized statement of the expenses incurred in the temporary care, relief, support and return transportation of such poor person, to the superintendents of the poor of the county upon which notice was so served, and if said bill is not allowed within thirty days after being presented as aforesaid, the superintendents of the poor presenting such bill may institute an action at law, in their own name, in any circuit court within this State, against the superintendents of the poor of the county neglecting or refusing to allow such bill, for the recovery of the same, with interest from the date of presentation as aforesaid. Action for recovery of expenses. Action, where instituted. Service of process. Recovery of amount ex-pended, in certain counties. Liability of superintendent of poor. Payment of expenses for SEC. 5. Any action instituted by the superintendents of the poor of any county in this State, to recover the cost of furnishing temporary care, relief, support and return transportation to any poor person, shall be commenced in the circuit court in the county where such care, relief, support and return transportation was furnished, and service of process in such cases may be made by any officer authorized by law to serve the processes of courts of like jurisdiction in any county in this State, upon any one of the superintendents of the poor against whom such action is brought, and such service and return thereof in accordance with law shall give the court in which such action is commenced full jurisdiction to hear and determine such cause, in like manner as if served upon all said superintendents of the poor in the county where such action was commenced. SEC. 6. In those counties where the distinction between county and township poor exits [exists], the amount expended in any case where such poor person has a settlement in any township in the county, may be charged up to and recovered from such township by the superintendents of the poor for the county in which said township is situated, who have been required, under the provisions of this act, to audit, allow and pay the account for temporary care, relief, support and transportation of such poor person. SEC. 7. No superintendent of the poor, acting under the provisions of this act, in taking into custody, relieving, supporting or transporting any poor person as herein provided, shall become liable to any action or prosecution for illegal arrest or false imprisonment. SEC. 8. If any such person belongs to another state and non-residents has come from outside the State, the superintendents of the of state. poor of the county, the medical superintendent of the asylum, or the superintendent of the poor of any city where such person may be, shall furnish transportation and necessary attendance in their discretion to such person, and the expense of the same shall be allowed by the State Board of Auditors and paid by the State on properly attested vouchers from the said superintendents of the poor, medical superintendent or the superintendent of the poor of any city. SEC. 9. All acts or parts of acts contrary to the provi- Repealing sions of this act are hereby repealed. Approved May 2, 1907. clause. [No. 73.] AN ACT making appropriations for the fiscal years ending June thirty, nineteen hundred eight, and June thirty, nineteen hundred nine, for the purpose of promoting the horticultural interests of the State and the editing and compiling of the reports of the Michigan State Horticultural Society, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the use of the Appropriation. Michigan State Horticultural Society for the fiscal year ending June thirty, nineteen hundred eight, the sum of one thousand five hundred dollars, and for the fiscal year ending June thirty, nineteen hundred nine, the sum of one thousand five hundred dollars. SEC. 2. The moneys appropriated by this act shall be paid How paid. by the State Treasurer upon the warrant of the Auditor General. The accounts of the Society shall be made upon forms of vouchers furnished by the Auditor General, shall be fully itemized, and shall show that the disbursements were for the purposes prescribed in this act. Said accounts shall be certified as correct by the president and secretary of the Michigan State Horticultural Society. SEC. 3. The moneys hereby appropriated may be used by How used. the officers of the Michigan State Horticultural Society for procuring lectures, employing scientists or experts to investigate the diseases and insect enemies of trees, vines, plants or fruit, to determine and promulgate the best method of preventing or destroying said diseases and insects, or in such other manner as in the judgment of said board will best promote the horticultural interests of the State; also in the work of collecting material, securing cuts for illustrations, and in preparation of the copy of the reports of said society for the fiscal years ending June thirty, nineteen hundred eight, and June thirty, nineteen hundred nine. |