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of such children, such tuition to be paid by the treasurer of the district in which the pupil resided at time of giving the notice herein provided, to the treasurer of the district where the high school attended is located: Provided, That a parent Proviso, or the legal guardian of such children, or the person in parental relation to such children, shall give written notice to the district board or board of education on or before the fourth Monday of June that such children desire to attend one of the three nearest high schools during the ensuing year. Upon receiving written notice of children eligible to attend When tax high schools the district board or board of education shall vote voted.. a tax sufficient to cover the necessary expense for tuition as herein provided, and may vote a tax sufficient to cover the necessary expense for daily transportation of such children: Provided further, That any surplus moneys in the treasury Further of said district belonging to the primary fund may be used proviso, in paying necessary tuition in lieu of a tax therefor.

defined.

SEC. 4. A high school shall be a graded school maintain- High school ing twelve grades of work with at least two teachers devoting their entire teaching time to the ninth, tenth, eleventh and twelfth grades: Provided, That a graded district having a Proviso, ten course of at least ten grades with one teacher devoting his grades. entire teaching time to the ninth and tenth grades shall not be obliged to pay the tuition of its pupils to a twelve grade school until such pupils have finished ten grades of work in their own district: Provided further, That the district board Further in a primary school district may pay the tuition of its pupils proviso. who have satisfactorily passed the county eighth grade examination as hereinafter specified to a graded school district maintaining ten grades of work until such pupils shall have completed said ten grades of work after which the tuition of such children shall be paid to a high school as provided in this act: Provided further, That the provisions of this act Further shall apply to all pupils who have made application to have proviso. tuition paid under act number sixty-five of the public acts of nineteen hundred nine.

SEC. 5. Pupils eligible to have their tuition paid shall be Pupils the holders of county eighth grade diplomas granted by the eligible. county boards of examiners in the several counties under rules and regulations prescribed by the Superintendent of Public Instruction, or shall have completed eight grades of work in a graded school district as evidenced by the written statement of the superintendent of schools in such graded school district.

Approved March 17, 1911.

3

Title and section amended.

Corporation authorized.

Insurance, dwelling houses, etc.

Vessels, freights, etc.

Automobiles.

[No. 15.]

AN ACT to amend the title and section one of act number one hundred thirty-six of the session laws of eighteen hundred sixty-nine, entitled "An act relative to the organization and powers of fire and marine insurance companies transacting business within this State," as amended.

The People of the State of Michigan enact:

SECTION 1. The title and section one of act number one hundred thirty-six of the session laws of eighteen hundred sixty-nine, entitled "An act relative to the organization and powers of fire and marine insurance companies transacting business within this State," as amended, are hereby amended to read as follows:

TITLE

AN ACT relative to the organization and powers of fire, marine and automobile insurance companies transacting business within this State.

SEC. 1. Any number of persons, not less than seven, may associate together and form an incorporated company for any or all of the following purposes, to-wit:

First, To make insurance on dwelling houses, stores, and all kinds of buildings, and upon household furniture, goods, wares and merchandise, and any other property, against loss or damage by fire;

Second, To make insurance as aforesaid upon vessels, freights, goods, wares, merchandise and other property, against the risks of inland navigation and transportation; Third, To make insurance upon automobiles, whether stationary or being operated under their own power, against any hazard.

Approved March 17, 1911.

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[No. 16.]

AN ACT to provide for the incorporation of mutual insurance companies to insure property against loss or damage by hail, and defining their powers and duties.

The People of the State of Michigan enact:

SECTION 1. Any number of persons not less than twenty may associate together and form an incorporated company for the purpose of mutual insurance of the property of its mem

bers against loss or damage by hail; which property to be insured may embrace grains, fruits and other farm products, as the charters and by-laws of said companies may provide, and belonging to members of said companies.

SEC. 2. Such persons so associating shall file in the office Statement, of the Commissioner of Insurance a statement, signed by all filing of. the corporators, stating their purpose of forming a company for the transaction of the business of insurance, as expressed in the first section of this act, which statement shall also comprise a copy of the charter proposed to be adopted by them.

opened;

amount

SEC. 3. The persons so associating, after having filed their Books, when statement, may open books to receive propositions and enter territory. into agreements in the manner hereafter specified; but no company organized under this act shall do any business or take any risks or make any insurance in a less territory than this State. No insurance company organized as aforesaid shall Insurance, commence business until bona fide agreements have been en- necessary. tered into for insurance with at least one hundred individuals, covering property to be insured to the amount of not less than one hundred thousand dollars, which property shall be located in not less than five counties, and not more than twenty-five thousand dollars of said property to be insured under said original applications shall be located in any one county. This restriction as to the amount of property to be insured in one county shall be construed to apply to original applications on formation of the company only, and not to the amount of insurance that may be written in any one county after any such company has completed its organization and is authorized to transact business.

SEC. 4. No company formed under this act shall purchase Real estate, or hold any real estate except:

holding limited.

First, Such as shall be necessary for its immediate accommodation in transacting business; or

Second, Such as shall have been conveyed or mortgaged to the company in good faith or by way of securities for debt;

or

Third, Such as shall have been conveyed to the company in satisfaction for debts; or

Fourth, Such as shall have been purchased at sales upon judgments, decrees or mortgages in favor of such company, or held or owned by it; and all real estate obtained by virtue of any provisions of this section, except that mentioned in the first subdivision, shall be sold or disposed of within five years after the title has been perfected in such company, unless the company shall procure a certificate from the Commissioner of Insurance that the interest of said company will materially suffer by forced sale, in which event the sale may be postponed for such period as the Commissioner of Insurance shall direct in said certificate, not to exceed ten years in all.

SEC. 5. In addition to the foregoing provisions, it shall Charter be the duty of the corporators of any company organized un

provisions.

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der the provisions of this act to declare in the charter, which is hereby required to be filed, the location of its principal office, the mode and manner in which the corporate powers given under and by virtue of this act are to be exercised; the number and titles of officers, the number of trustees or directors and the mode and manner of their election, the method of filling vacancies, the period for commencement and termination of the company's fiscal year. The officers and trustees shall be citizens of this State, and the officers may be elected either by the members or by the directors or trustees as may be designated in the articles of incorporation, but the directors or trustees shall be elected by the members at the annual meeting. The charter shall fix the time of holding the annual meeting, the method of giving notice to the members of such annual meeting, the manner of calling special meetings of the members and the giving of notice thereof, and may prescribe the liabilities of the members to be assessed towards defraying the losses and expenses of the company and the mode and manner of collecting such assessments.

SEC. 6. The charter thus to be filed by the corporation shall be examined by the Attorney General, and if found to be in accordance with the requirements of this act he shall certify the same to the Commissioner of Insurance, and said commissioner may appoint three disinterested persons who shall be residents of this State, who shall certify under oath that said corporation has received and is in actual possession of the premiums or engagements of insurance, as the case may be, to the full extent required in this act: Provided, however, That the Commissioner of Insurance may make such examination personally or by his deputy. Copies of such certificate shall be filed in the office of the Commissioner of Insurance, whose duty it shall then be to furnish such corporation with a certified copy of the charter and certificate aforesaid, which shall be its authority to commence business and issue policies, and the same may be used as evidence for or against such corporation.

SEC. 7. The corporators or the trustees or directors, as the case may be, of any company organized under this act, shall have power to make such by-laws, not inconsistent with the constitution or laws of this State, as may be deemed necessary for the government of its officers and members and the conduct of its affairs.

SEC. 8. Any company formed under this act shall conform in all respects and be governed by chapter one hundred thirtytwo of Howell's Annotated Statutes, except where the same is inconsistent herewith.

SEC. 9. Any company incorporated under this act shall have the power to amend its articles of association or charter at any regular annual meeting held according to the provisions of said charter or articles of association, and upon giving notice of an intention so to do and of the time and the place of the meeting for that purpose; such notice shall

be published for five successive weeks in some newspaper published weekly in the county in which the business office of said company is located, or such notice of intention may be given by printed circulars, postal cards or letters, to be addressed to all members, officers, trustees and directors of such company, and deposited in the postoffice with postage fully paid thereon at least three weeks previous to such meeting. Any company organized under this act may amend its charter or articles of association at a special meeting called for that purpose, in accordance with the provisions of its charter, and by giving the notice of such intention to amend

in the manner authorized by this section. All amendments Amendments, hereafter made shall be submitted to the Attorney General filing, etc. and his certificate of compliance with the law obtained; and said amendments shall be filed in the office of the Commissioner of Insurance and also with the clerk of the county in which the home office of the company is located.

SEC. 10. Any company incorporated under this act shall Assessment. have the right to provide in its articles of incorporation for the collection annually of an assessment of not exceeding one dollar per thousand on the amount insured for the purpose of accumulating a surplus, in addition to such assessments as are necessary for the payment of current losses and expenses until such time as the accumulated surplus of the company shall equal fifty thousand dollars.

SEC. 11. No company incorporated under the provisions of Policies. this act shall issue any policy until the form thereof has been filed in the office of the Commissioner of Insurance and has been approved by him. Every such policy shall have printed thereon the articles of incorporation or charter and by-laws of the company issuing it.

Approved March 17, 1911.

[No. 17.]

AN ACT to amend sections one hundred forty-six, one hundred forty-eight, one hundred fifty-two and one hundred fifty-three of act number two hundred eighty-one of the public acts of nineteen hundred five, as amended by act number eight of the public acts of nineteen hundred nine, entitled, "An act to amend sections one hundred forty-five and one hundred forty-six of act number one hundred seventy-four of the public acts of nineteen hundred one, approved May twenty-seventh, nineteen hundred one, and to amend sections one hundred forty-seven, one hundred forty-eight, one hundred forty-nine, one hundred fifty, one hundred fifty-two, one hundred fifty-three and one hundred fifty-four of act number one hundred fifty-four of the public

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