Amount of. Where filed. Proviso. Liable on bonds for perform ance of duties. done, any grain, fruits, vegetables, live stock, meats or poultry, and all other kinds of farm or dairy produce shall execute a bond in the penal sum of five thousand dollars running to the people of the State of Michigan, to be approved by the judge of probate in the county where his principal office may be, except as hereinafter provided, with two or more sureties, or by an indemnity company authorized by law to do business in this State, conditioned for the faithful performance of the trust reposed in him as a commission man or broker, and to pay over all moneys to the proper parties coming into his hands by virtue of his agency or trusteeship, by virtue of his receiving the goods and produce aforesaid which shall justly belong to any person. Such bond, when approved, shall be filed with the county clerk of the county where such commission or broker man shall be engaged in business and where he shall have his principal office: Provided, That the provisions of this act shall apply only to persons, firms and corporations who hold themselves out as commission men, brokers, agents or merchants and their agents. SEC. 2. Every such commission or broker man shall be liable upon his bond for all moneys received by him from the sale of such goods and produce, and for the faithful performWho may bring ance of his duties in the premises. Any party aggrieved by the failure or neglect of such commission or broker man in the sale of his goods and produce aforesaid, may bring an action against such commission or broker man and his bondsmen, either jointly or separately. action. Where to obtain certificate. SEC. 3. Every person filing the bond above described and after the approval of the same shall obtain from the county clerk or from the Secretary of State in the case of non-residents of this State, a certificate reciting the facts of the filing of a bond as aforesaid, together with the names of the sureWhen new bond ties. Whenever the bond of any such commission or broker may be ordered. man shall be deemed insecure, the judge of probate, or in case of non-residents the Secretary of State, may order addiWhen renewed. tional bondsmen or a new bond. Such bond shall be renewed or a new bond given on or before the first day of January of Duty of probate each year, and it shall be the duty of the judge of probate to judge. notify the sheriff and the prosecuting attorney of the county where such commission or broker men have their place of business, of all bonds which are not renewed on such dates, and also to furnish them with a notice of all persons who have given the proper bond. Violation a misdemeanor. Penalty. SEC. 4. Every person who shall sell any goods or produce as such commission or broker man aforesaid, or who shall solicit goods or produce to offer for sale either in his own. behalf or for another without such bond having been filed, or without such certificate having been obtained, shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than one hundred dollars, nor more than five hundred dollars and costs of prosecution, or complaints. imprisonment in the county jail not exceeding one year or both such fine and imprisonment, in the discretion of the court. SEC. 5. Any person may make a complaint for any viola- Who may make tions of the provisions of this act, and it shall be the duty of the sheriff of each county to ascertain after the report above mentioned from the judge of probate whether any parties are engaged in such commission or broker business without having complied with the requirements of this act; and it shall be his duty to make a complaint for a violation of the provisions of this act which shall come to his knowledge. He shall receive such compensation therefor as the board of su- Compensation. pervisors or the board of auditors may allow. SEC. 6. Every person, firm or corporation making applica- Fee. tion for such certificate shall pay to the county clerk the sum of five dollars on the issuing thereof, which sum shall be paid over to the county treasurer and placed to the credit of the general fund of said county. Every person a non-resident of this State shall pay the Secretary of State the sum of five dollars, to be paid to the State Treasurer and credited to the general fund of the State. SEC. 7. Every person soliciting, or causing the same to be Violation. done, any of the aforesaid goods or produce for sale for hire or on commission, to be sold either by himself or another without a bond being filed as required by section one of this act, shall be liable to the penalties provided in section five of this act, and shall also be personally liable to the owner or How liable. person having any interest in such goods or produce to the extent of such interest. resident, where non-resident, SEC. 8. Every non-resident, commission man or broker man Bond of nonsoliciting or doing business in the State of Michigan, as afore- led. said, shall file such bond with the Secretary of State, to be approved by him. Any action for damages against such non- Action against resident person may be brought in the circuit court of any where brought. county in this State where the aggrieved person may be or reside against such person or his surety, jointly or severally. All processes and notices may be served upon the Secretary Notices, on of State, who is hereby constituted the lawful agent of all non-resident persons filing such bond, for the purpose of being served with such processes and notices: Provided, That af- Proviso. ter suit is instituted and such non-resident persons have appeared in such suit, the practice shall be according to the rules and customs of said courts. whom served. construed. SEC. 9. The word person in this act shall be deemed to in- "Persons," how clude all natural and artificial persons, firms, corporations or co-partnerships. The words commission man or broker in this act shall be deemed to include and mean any person who shall 50 Act, how construed. receive for sale for another, for hire, any grain, fruits, vegetables, live stock, meats or poultry and all other kinds of farm and dairy produce. SEC. 10. Nothing in this act shall be so construed as to repeal any criminal statute affecting commission men and brokers heretofore passed. Approved June 15, 1899. Mob. how regarded. Serious injury, what to include. Persons assaulted, may recover damages. Idem. Heirs may relynching. [No. 252.] AN ACT for the Suppression of Mob Violence. The People of the State of Michigan enact: SECTION 1. That any collection of individuals pretending to exercise correctional power over other persons by violence and without authority of law shall for the purpose of this act be regarded as a "mob," and any act of violence exercised by them upon the body of any person shall constitute a "lynching." SEC. 2. The term "serious injury," for the purpose of this act, shall include any such injury as shall temporarily disable the person receiving it from earning a livelihood by manual labor. SEC. 3. Any person who shall be taken from the hands of officers of justice in any county by a mob and shall be assaulted by the same with whips, clubs, missiles, or in any other manner, shall be entitled to recover from the county in which such assault shall be made, the sum of one thousand dollars as damages, by action as hereinafter provided. SEC. 4. Any person assaulted by a mob and suffering lynching at their hands shall be entitled to recover of the county in which such assault is made the sum of five hundred dollars; or if the injury received is serious, the sum of one thousand dollars, or if it result in permanent disability to earn a livelihood by manual labor, the sum of five thousand dollars. The grade of injury provided for in this act shall be determined and found by the jury trying the case. SEC. 5. The legal representative of any person suffering death by lynching at the hands of a mob, in any county of this State, shall be entitled to recover of the county in which such lynching may occur the sum of five thousand dollars damages for such unlawful killing. And such recovery shall be dis tributed among the heirs and personal representatives of the deceased in accordance with the laws of descent and distribution in force in this State at the time of such recovery. Such recovery shall not be regarded as a part of the estate of the person lynched, nor be subject to any of his liabilities. begun. SEC. 6. Actions for the recoveries provided for in this act Action, how may be begun in any court having original jurisdiction of an action for damages for malicious assault, within one year of the time of such lynching. paid. SEC. 7. Any judgment rendered against any county, against Judgment, how which recovery shall have been made, shall be paid by the county auditors, or county treasurer, upon presentation to them or him of a certified copy of such judgment, out of the contingent fund of said county, and if there be no money, or not sufficient money in the contingent fund to pay the amount of any judgment remaining unpaid so rendered, it shall be the duty of the board of supervisors in the next succeeding tax to include a sum sufficient to pay the whole, or any part of any such judgment, together with the costs that may be attached in every such case. minor. SEC. 8. In case the decedent has left minor children him In case of surviving the fund shall be turned over to a regularly appointed guardian, who shall apply the same under the direction of the judge of probate, allowing not more than five hundred dollars for counsel fees in the action for such recovery. of action to recover. SEC. 9. The county in which any lynching shall occur shall County, right have a right of action to recover the amount of any judgment rendered against it in favor of the legal representatives of any person killed or seriously injured by a mob, including costs, against any of the parties composing such mob. And also against any officer whose negligence may have contributed to the killing or injury aforesaid. Any person present at such lynching and aiding and abetting or encouraging those engaged in such lynching shall be deemed a member of the mob and shall be liable in such action. SEC. 10. In case a mob shall carry a prisoner into another Idem. county, or shall come from another county to commit violence on a prisoner brought from such county for safe keeping, the county in which the lynching was committed may recover the amount of the judgment and costs against the county from which the mob came, unless there was contributory negligence on the part of the officials of said county, in failing to protect the prisoner or disperse said mob. SEC. 11. Nothing in this act shall be held to relieve any Homicide. person concerned in such lynching from prosecution for homicide, or assault, for engaging therein. Approved June 21, 1899. [No. 253.] AN ACT to establish and confirm the jurisdiction of Probate Courts over Testamentary Trusts and Trustees, and to provide for the Administration and control of such trusts in said courts. Appointment of trustees. Letters of trusteeship. Bond of trustees. Inventory to be made of real and personal estate. May dispose of. Annual accounting. Settlement to be made at expiration of trust. The People of the State of Michigan enact: SECTION 1. That if a testator has omitted in his will to appoint a trustee in this State, and if such appointment is necessary to carry into effect the provisions of the will, the probate court of any county in which the will is admitted to probate shall at once give notice, as provided by this act, to all persons interested. Upon petition of any beneficiary under such will, to said probate court, praying for the appointment of a trustee, such probate court, after notice, as provided in this act, to all persons interested, of the filing of said petition, shall appoint a trustee, who shall have the same powers. rights and duties, and in whom the estate shall vest, in like manner as if he had been originally appointed by the testator. SEC. 2. When lands in this State are held in trust for persons resident here by a trustee who derives his appointment or authority from a court having no jurisdiction within this State, such trustee shall, on petition made to the probate court in the county in which the lands lie, and after due notice, as provided by this act, be required to take out letters of trusteeship from said court; and, upon his neglect or refusal to comply with such order, the court shall declare such trust vacant, and shall after notice to all parties interested appoint a new trustee in whom the trust estate shall vest in like manner as if he had been originally appointed or authorized by said court. SEC. 3. Every testamentary trustee before he enters upon his duties as trustee, shall, except when it is otherwise specially provided by law, give bond, with sufficient sureties, in such sum as the probate court for the county in which the will is proved or allowed may order, payable to the judge of said court and his successors, with conditions substantially as follows: First, To make and return to the probate court at such time as it may order a true inventory of all the real and personal estate belonging to him as trustee, which, at the time of making such inventory, shall have come to his possession or knowledge, or to the possession of any other person for him; Second, To manage and dispose of all such estate, and faithfully to discharge his trust in relation thereto, according to law and the will of the testator; Third, To render upon oath at least once a year, until his trust is fulfilled, a true account of the property in his hands and of the management and disposal thereof, and also to render such account at such other times as said court may order; Fourth, At the expiration of his trust to settle his account in the probate court, and to pay over and deliver all the estate remaining in his hands, or due from him on such settlement, to the person or persons entitled thereto; |