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[No. 102.]

AN ACT making an appropriation for the Michigan Forestry Commission.

The People of the State of Michigan enact:

reimburse

SECTION 1. There is hereby appropriated out of the gen- Amount eral fund in the State treasury fifteen hundred dollars for appropriated. the use of the Michigan Forestry Commission, to be devoted to the care of the State's property in the State's reserves in Roscommon and Crawford counties during the fiscal year ending June thirty, nineteen hundred nine. The sum herein appropriated shall be immediately available upon the passage of this act: Provided, That the State Treasurer shall Proviso, reimburse the general fund for the sum herein appropriated ment. from the income from the Michigan State forestry reserves in Roscommon and Crawford counties accordingly as same may become available: Provided further, That any such Further sum of the amount herein appropriated as shall not be used proviso. by the Michigan Forestry Commission shall be paid into the State treasury to be accredited to the general fund. This act is ordered to take immediate effect. Approved May 19, 1909.

[No. 103.]

AN ACT to amend sections thirty-six, thirty-eight and fiftyfive of act number two hundred five of the public acts of eighteen hundred eighty-seven, entitled "An act to revise the laws authorizing the business of banking and to estab lish a banking department for the supervision of such business" as amended, the same being compiler's sections six thousand one hundred twenty-five, six thousand one hundred thirty-seven and six thousand one hundred fortyfour of the Compiled Laws of eighteen hundred ninetyseven, as amended.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections thirty-six, thirty-eight and fifty-five Sections of act number two hundred five of the public acts of eighteen hundred eighty-seven, entitled "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," as amended, the same being compiler's sections six thousand

Commissioner, appointment, term.

Deputy, clerks.

Salaries.

Proviso.

Salaries, how paid.

one hundred twenty-five, six thousand one hundred twentyseven and six thousand one hundred forty-four of the Compiled Laws of eighteen hundred ninety-seven, as amended, are hereby amended to read as follows:

SEC. 36. The chief officer of the department shall be denominated the Commissioner of the Banking Department. He shall be appointed by the Governor, by and with the advice and consent of the senate, and shall hold his office for the term of four years. He may appoint a deputy and revoke such appointment at pleasure, who shall possess the powers and perform the duties attached by law to the office of commissioner during a vacancy in such office, and during the absence or inability of his principal. He may also employ from time to time not to exceed five clerks to assist him and his deputy in the discharge of the several duties imposed upon them by this act as he shall find necessary. The salary of the commissioner shall be thirty-five hundred dollars per annum. The salary of the deputy shall be twenty-five hundred dollars per annum and the salaries of such clerks as may be employed under this act shall be at such rate per annum as the commissioner shall decide: Provided, That such rate is not in excess of that of the clerks of the several State departments. The salaries of the commissioner, deputy and clerks shall be paid monthly by the State Treas urer, upon a voucher countersigned by the Auditor General. Vouchers for the commissioner's salary must be first approved by the Governor. Vouchers for the deputy and the clerks' salaries must be first approved by the commissioner. All actual and necessary traveling expenses of said commissioner, deputy or clerks, incurred in the discharge of their duties under this act, shall be fully itemized upon proper vouchers and certified in the order indicated for the salaries, and presented to the Board of State Auditors. If allowed, the Auditor General shall countersign. The State Treasurer shall upon the presentation of vouchers so allowed and countersigned, reimburse the said officers' expenses. Within fifteen days from the notice of their appointment, respectively, the commissioner and his deputy shall take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State. The said approval, etc. Commissioner of the Banking Department and his deputy, aforesaid, shall each give to the people of this State a bond in the penal sum of twenty-five thousand dollars, with two or more sureties, to be approved by the State Treasurer, conditioned for the faithful discharge of the duties of their respective offices; and the commissioner or his deputy shall not be interested directly or indirectly, in any national bank, nor in any bank or other corporation under their supervision, nor engaged in the business of banking. There shall be assigned to said commissioner suitable rooms in the State capitol for conducting the business of said department,

Expenses.

Oath of office.

Bond,

etc.

increased, etc.

SEC. 38. Every bank existing or hereafter incorporated Inspection, under the laws of this State shall be subject to the inspection and supervision of the Commissioner of the Banking Department, as provided in this act. He may also employ Examiners, from time to time such examiners to assist him and his salaries, how deputy in the discharge of the several duties imposed upon them by this act, as he shall find necessary. Salaries of the examiners shall be the sum of seventeen hundred dollars per annum during the first year of their employment as such, and shall be increased one hundred dollars each year of such employment until the full sum of two thousand dollars is reached, which sum shall be their annual salary thereafter. The salaries of the examiners shall be paid monthly, by the State Treasurer, upon a voucher countersigned by the Auditor General. Vouchers for the examiners' salaries must be first approved by the commissioner. All traveling expenses Expenses. of examiners shall be paid as is indicated in this act and provided for in the payment of expenses of commissioner, deputy and clerks. Bank examiners shall file with the Com- Bond. missioner of Banking a bond for ten thousand dollars for the faithful discharge of their duties.

appointment,

SEC. 55. If the commissioner shall become satisfied that Receiver, the capital of any bank has become impaired or reduced be- application for low the amount required by law, and such impairment or etc. reduction shall not have been made good as by him required, and the order and requisition of the commissioner in that regard shall not have been complied with, or if the commissioner shall have become satisfied that any bank has refused to pay its deposits in accordance with the terms on which such deposits were received, if received in accordance with the provisions of this act, or if any bank has violated any of the provisions of this act, or is conducting its business in an unsafe or unauthorized manner, or if any bank shall refuse to submit its books and papers and concerns to the inspection of the commissioner, his deputy, or any examiner, or if any officer of such bank shall refuse to be examined under oath touching the concerns of the bank, or if from any examination made or report here provided for, the commissioner shall conclude that such bank is in an unsound or unsafe condition to transact the banking business, so that it is unsafe and inexpedient to continue same, the Commissioner of the Banking Department shall communicate such facts to the Attorney General and, with his concurrence, application may be made by the Attorney General, in behalf of the commissioner, to a court of competent jurisdiction for the appointment of a receiver of such bank. Upon presenta- when court tion of said application to said court, and upon its being to appoint made satisfied that the capital stock of said bank has become impaired or reduced below the amount required by law, and that such impairment or reduction has not been made good, or the order of the commissioner in that respect complied

receiver.

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with, or that it has refused to pay its deposits as hereinbefore set forth, or that it has violated any provisions of this act, or is conducting its business in an unsafe or unauthorized manner, or that it has refused to submit its books, papers and concerns to inspection as aforesaid, or its officer or officers have refused to be examined under oath touching its concerns, or that it is in an unsafe or unsound condition to transact the banking business, so that it would be unsafe and inexpedient for it to continue same, the said court shall immediately appoint the banking commissioner, his deputy or one of the banking examiners in the banking department, or some other competent and disinterested person as receiver and shall determine his bond and prescribe his duties, and may make such further order as shall seem proper: Provided, That if one of the above mentioned members of the State banking department shall be appointed receiver, he shall serve without further compensation than is provided for him by this act but any sums that the court shall award as fees and expenses of said receivership shall be paid into the general fund of the State. The commissioner, pending such action, if it shall be necessary, may forthwith take possession of the books, records and assets of every description of such bank, and hold same, and said books, records and assets shall not be subject to any levies and attachments. The receiver, if any be appointed, shall, under the direction of the court, take possession of the books, records and assets of every description, of such bank, collect all debts, dues and claims belonging to it, and sell or compound all bad or doubtful assets and seli all the real and personal property of such bank, on such terms as the court shall direct and may, if necessary, to pay the debts of such bank, enforce all individual liabilities of the stockholders. Such receiver shall forthwith pay over the money so collected or received to the State Treasurer, and also make report to the commissioner of all his acts and proceedings.

Approved May 19, 1909.

Liability of railroad companies.

[No. 104.]

AN ACT to prescribe the liability of common carrier railroad companies to their employes.

The People of the State of Michigan enact:

SECTION 1. Every common carrier railroad company in this State shall be liable to any of its employes, or, in case of his death, to his personal representative for the benefit of

his widow and children, if any; if none, then for his parents; if none, then for his next of kin, for all damages which may result from the negligence of any such railroad company or from the negligence of any of its officers, agents or employes, or by reason of any defect or insufficiency due to the negligence of any such common carrier railroad company in its cars, engines, appliances, machinery, track, road bed, works, boats, wharves, coal docks or other equipment.

negligence

SEC. 2. In all actions hereafter brought against any such Contributory common carrier railroad company under or by virtue of any near a of the provisions of this act to recover damages for personal recovery. injury to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery: Pro- Proviso. rided, That the negligence of such employe was of a lesser degree than the negligence of such company, its officers, agents or employes: Provided further, That no such employe Further who may be injured or killed shall be held to have been proviso. guilty of contributory negligence in any case where the violation by such common carrier railroad company of any statute enacted for the safety of employes contributed to the injury of such employe, and such employe shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or death of such employe.

defined.

SEC. 3. The words "railroad company," as used in this 'Railroad act, shall be taken to embrace any company, association, cor- company poration, or person managing, maintaining, operating, or in possession of a common carrier railroad in whole or in part within this State, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.

of.

SEC. 4. No contract of employment, insurance, relief Employment, benefit, or indemnity for injury or death entered into by or etc., contract on behalf of any employe, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of such employe: Provided, however, That upon the trial of Proviso. such action, the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit or indemnity that may have been paid to the injured employe, or, in case of his death, to his personal representative.

SEC. 5. No action shall be maintained under this act un- Action, when less commenced within two years from the time the cause of to begin. action accrued.

SEC. 6. Nothing in this act shall be held to limit the duty Rights not of common carrier railroad companies, or impair the rights impaired. of their employes under existing laws of the State.

SEC. 7. The provisions of this act shall not apply to em- Not to apply ployes working in shops or offices.

Approved May 19, 1909.

to certain employes.

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