Gambar halaman
PDF
ePub

Parties defendant.

"Person" or
"persons," how
construed.

Repealing elause.

clared to be unlawful by this act may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover two-fold the damages by him sustained, and the costs of suit. Whenever it shall ap pear to the court before which any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not. SEC. 12. The word "person" or "persons" whenever used in this act, shall be deemed to include corporations, partnerships and associations existing under or authorized by the laws of the State of Michigan, or any other State, or any foreign country.

SEC. 13. All acts or parts of acts contravening the provisions of this act are hereby repealed.

Approved June 23, 1899.

Unlawful for insurance com

circulars, etc.

[No. 256.]

AN ACT to provide for the prevention of false and fraudulent advertisements. circulars, notices and statements of insurance companies and false representations concerning the same, and against the misappropriation of funds, and to provide penalties therefor.

The People of the State of Michigan enact:

SECTION 1. If any life, accident, sick benefit, fire, casualty panies to pub or other insurance corporation organized or operating within lish fraudulent this State shall, by means of any advertisement, circular, notice or statement printed or written, published, posted or circulated through and by the agency of any officer, agent or other person, or by any other means, falsely represent or hold out to the public that the capital stock of such company is greater than its actual amount, or that the accumulation of such company is greater than its actual cash or market value, or shall represent the financial condition to be other than it actually is or was at the time of making such statement, every director or officer of such company guilty of any participation therein shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the court; and if any such company, after such

Penalty.

etc., deemed

out compen. sation.

of charter.

false advertisement, circular, notice or statement shall have When moneys, been published, posted or circulated, shall receive any money, received withnote or obligation for the payment of money, from any person, as a consideration for any insurance made or policy issued or to be issued by such company, such money, note or obligation shall be deemed and taken to have been received without consideration; and the directors of such company, and auy officer or agent receiving the same, shall be jointly and severally liable in an action of assumpsit for the repayment thereof, and shall also, in like manner, be liable to the person insured for the amount of the insurance. And any such false adver- Forfeiture tisement, circular, notice or statement shall be sufficient ground for proceedings on the part of the Attorney General, in the supreme court, for a forfeiture of the chartered privileges of such company, or for an order prohibiting the further transaction of business by it within this State: Provided, Proviso. That no such forfeiture shall be declared on that ground solely, if it shall appear either that the publication was by mistake, or that the directors, officers or agents making the same have been dismissed from the service of such company, and that the company has published such true statement of its affairs as may have been directed by the Attorney General, or such

court.

make false

SEC. 2. It shall be unlawful for any person to make a false Unlawful to statement in any report required by law to be made by any life report. insurance corporation or fraternal beneficiary association organized or authorized to do business in this State, or to so make any such statement or report as to fraudulently conceal the real facts, and if intentionally so made shall, if the company be organized under the laws of this State, be cause of forfeiture of the corporate franchise, and if the company be organized under the laws of any other state or government. be cause for revocation of such company's license to do business in this State, by the Commissioner of Insurance, after hearing granted. Any officer or agent guilty of any such false or fraudulent statement, or of any intentional violation of the provisions of this act, or who shall aid or abet others in any such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not ex- Penalty. ceeding one thousand dollars, or by imprisonment not exceed ing three months, or by both such fine and imprisonment, in the discretion of the court. And it shall be the duty of the Duty of Commissioner of Insurance to notify the prosecuting attorney of Insurance. of the proper county of any offense under this act which may come to his knowledge, and it shall thereupon become the duty of the prosecuting attorney to cause proceedings to be taken for the punishment thereof.

Commissioner

appropriate or

SEC. 3. It shall be unlawful for any officer or agent of a Unlawful to fraternal beneficiary or co-operative mutual life insurance com- use reserve pany doing business in this State to appropriate or use any portion of the reserve or mortality funds of such association

funds.

Penalty.

Repealing clause.

for any other purpose than such as the articles of association, by-laws and contracts with members prescribe. Any officer of a corporation mentioned in this section who shall violate any of the provisions thereof shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not exceeding one thousand dollars, or by imprisonment not exceeding six months, or both such fine and imprisonment, in the discretion of the court.

SEC. 4. All acts and parts of acts inconsistent with the provisions of section one of this act are hereby repealed. Approved June 23, 1899.

Section amended.

Corporations liable as garnishees.

Service of summons.

[No. 257.]

AN ACT to amend section twenty-five of act number one hundred thirty-seven of the laws of one thousand eight hundred forty-nine, as amended, relative to authorizing proceedings against garnishees and for other purposes, as amended, being section eight thousand fifty-five of Howell's Annotated Statutes, the same being compiler's section one thousand fourteen of the Compiled Laws of eighteen hundred ninetyseven, as amended by act number one hundred seventy-eight of the session laws of one thousand eight hundred ninetyone, and to add two new sections thereto to stand as sections twenty-five a and twenty-five b.

The People of the State of Michigan enact:

SECTION 1. That section twenty-five of act number one huudred thirty-seven of the laws of one thousand eight hundred forty-nine, as amended, being section eight thousand fifty-five of Howell's Annotated Statutes, as amended by act number one hundred seventy-eight of the session laws of one thousand eight hundred ninety-one, the same being compiler's section one thousand fourteen of the Compiled Laws of eighteen hundred ninety-seven, and adding a section thereto, be and the same is hereby amended so as to read as follows:

SEC. 25. All corporations of whatsoever nature, whether foreign, domestic, municipal or otherwise, except counties, may be proceeded against as garnishees in the same manner and with like effect as individuals under the provisions of this act, and the rules of law regulating proceedings against corporations, and the summons against the garnishee in such case may be served on the president, cashier, secretary, treasurer, comptroller or other principal officer of such corporation, and it shall be the duty of such officer so served, or the proper officer of such corporation having knowledge of the facts, to appear before the justice at the return day of such summons and

answer, subject

fendant.

against cor

answer thereto, or to answer at his option in writing, verified Answer. by his oath, before some person authorized to administer oaths, and transmit the same, by mail or otherwise, to the justice issuing said summons on or before the return day thereof, which shall be deemed a sufficient compliance with such 'summons; and unless he shall so appear or so answer, such corporation Failure to shall be held to be indebted to the defendant in the original corporation to suit to the amount of any judgment that may be made against payment of judgment such defendant in said original suit, unless within three days against deafter the return day of such summons such corporation shall, by such officer, show a sufficient reason to the satisfaction of the justice for not appearing to answer such summons, and the justice shall thereupon, on the third secular day, render judg ment against such corporation, as against other garnishees, Judgment for the amount of such debt, and with like effect; but on such poration. cause shown, such officer may be examined as other garnishees. and with like effect, as against the corporation he represents. Such corporation or the plaintiff in such suit may appeal from Appeal. such judgment rendered under this section to the circuit court of the proper county, in the same manner as appeals may be taken from any other judgment of a justice of the peace, where the liability of such corporation may be fully inquired into: Provided, That when a municipal corporation is proceeded Proviso. against, as provided for in this act, judgment shall have been obtained in a court of competent jurisdiction by the plaintiff against the defendant before garnishment proceedings shall be valid against such municipal corporation: Provided, further, Further That it shall be necessary for the plaintiff in the action to cause to be served a notice in writing upon the clerk, treasurer or comptroller of such municipal corporation, signed by the justice of the peace before whom an action of garnishment has been commenced, stating that judgment has been rendered and is on file in favor of the plaintiff and against the defendant; that the plaintiff has filed an affidavit to that effect, and that he believes or has good reason to believe that such municipal corporation is indebted to the defendant, and has money, property or effects in its hands belonging to such defendant, and that such municipal corporation shall hold such money, property or effects until the final disposition of the action of garnishment then pending before such justice, unless sooner released by the justice. Such municipal corporation receiving Corporations the notice herein provided shall hold any money, property or etc., of deeffects in its hands belonging to the defendant named in such fendant. notice until the final disposition of the action against said municipal corporation, unless sooner released by order of the justice. Such money may be released by the defendant, giv How money ing a bond in double the amount claimed to be due by the leased. plaintiff in the action then pending, conditioned that if the plaintiff recover, the bondsman will pay into the court for the use of said plaintiff the amount of such judgment and costs,

proviso.

to hold money,

may be re

Itinerant merchants to obtain license.

Application, how made.

Who to de

termine amount of license.

License, where paid, who to issue.

License not transferable.

Not to apply

to cities or

ordinance.

[No. 259.]

AN ACT to license itinerant merchants, jobbers and traders iv the sale of goods, wares and merchandise.

The People of the State of Michigan enact:

SECTION 1. That no person or persons in this State shall engage in the sale of goods, wares or merchandise as an itinerant merchant, jobber or trader, unless he or they shall have first procured a license therefor as hereinafter provided.

SEC. 2. Each and every person or persons desiring to en gage in such business shall make application in writing, under oath, to the township board, village or city council, as the case may be, specifying as near as may be the street and building in which he or they intend to carry on such business, and the manner of conducting the same.

SEC. 3. The township board, village or city council, as the case may be, to whom any such application is made, upon receipt of the same, or as soon thereafter as may be, shall determine the amount to be paid by such applicant for the license to carry on such business, which amount shall not be less than ten dollars nor more than one hundred dollars.

SEC. 4. The amount required to be paid by any such appli cant shall be paid to the township, village or city treasurer of the township, village or city wherein said application is made to carry on such business, and thereupon the township board, village or city council shall authorize the clerk of the township, village or city, as the case may be, to issue to such applicant a license under the seal of the township, village or city, which license, when issued as herein provided, shall authorize such applicant to engage in such business at the place and in the manner indicated in the application therefor for a period not to exceed one year.

SEC. 5. No person or persons licensed as an itinerant merchant, jobber or trader as hereinafter provided, shall, by virtue of one license, keep more than one house, shop or place for carrying on such business; nor shall any person or persons so licensed transfer, sell or assign his, her or their license.

SEC. 6. This act shall not apply to any village or city in villages having this State having in force and operation an ordinance regulating or licensing itinerant or transient merchants, jobbers and traders at the time this act takes effect, or that may hereafter provide for the regulation or licensing of such person or persons by ordinance.

Penalty.

SEC. 7. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con

« SebelumnyaLanjutkan »