tal stock necessary. cess, as in other cases, and such declaration or process may run into and be served upon such agent or attorney in any county of this State where such agent or attorney may be. And no insurAmount of capi- ance company, or officer, or agent or agents of any insuranc company, unincorporated or incorporated in any other State shall transact any business of insurance in this State, unless such company is possessed of at least one hundred thousand dollars of actual capital invested in stock, bonds, and mortgages, or other satisfactory security, the market value of which shall not be less than one hundred thousand dollars. And upon the filing of the aforesaid statement and resolution with the Secretary of State of this State, and furnishing him with full and satisfactory evidence of such investment as aforesaid, it shall be the duty of said Secretary of State to issue a certificate thereof, with authority to transact business of insur ance to the company, officers, agent, or agents applying for the same. Secretary of State to issue certificate. Unincorporated companies and foreign incorporations. Statement required. to set forth. (1684.) SEC. 2. It shall be unlawful for any unincorporated company or association, partnership, firm, or individual, or any member or agent or agents thereof, or for any agent or agents of any company incorporated by any foreign government other than a State of this Union, to transact any business of insurance in this State without procuring a certificate of authority from the Secretary of State of this State; such company or association, partnership, firm, or individual, or any agent or agents thereof, having first filed under oath, in the office of said Secretary of State, a statement setWhat statement ting forth the charter or act of incorporation of any and every such incorporated company, and the by-laws, copartnership agreements, articles of association of any and every such unincorporated company, association, partnership, or firm, and the name and residence of such individual, and the names and residences of the members of every such partnership or firm, and the matters required to be specified by the first section of this act, and the written authority therein mentioned, and furnish evidence to the satisfaction of the said Secretary of State that such company has invested in stocks of some one or more of the States of this Union, or of the United States, the amount of one hundred thousand dollars, and that such stocks are held by citizens of the United States, or in bonds or mortgages on real estate situated in the United States, fully securing the amount for which the same is mortgaged, or bonds of cities Other securities. of the United States the aggregate market value of the investment of the company in which shall not be less than one hundred thousand dollars; and such incorporated or unincorporated company, Amount of stocks invested. association, partnership, firm, or individual, or any agent or agents thereof, filing said statement and furnishing evidences of investment as aforesaid, shall be entitled to a certificate of authority for Entitled to cersuch body or individual in like manner as is provided for in the first section of this act. tificate. ment to be filled clerk. (1685.) SEC. 3. It shall be the duty of the company, association, Copy of statepartnership, firm, or individual, its officers, or the agent or agents, with county in either of the foregoing sections mentioned, before taking any risks or transacting any business of insurance in this State, to file, in the office of the county clerk of the county in which they propose to transact business, a copy of the statement required to be filed with the Secretary of State of the State, as aforesaid, together with a copy of the certificate of said Secretary of State, which shall be carefully preserved for public inspection by said clerk, and also to cause said statement and certificate to be published in some newspaper of general circulation in said county, for such time as the company may elect, not less than one month. ment. (1686.) SEC. 4. The statement and evidences of investment Renewal of staterequired by this act shall be renewed annually, in the month of February in each year; and the Secretary of State, on being satisfied that the capital, securities, and investments remain secure as at first, shall furnish a renewal of the certificate as aforesaid; and the agent or agents obtaining such renewed certificate shall file a copy of the same, together with a copy of the statement on which it was obtained or renewed, in the office of the clerk of the county in which said agency is established, or propose to transact business: Provided, That for the present year the said statement may be Proviso. filed at any time within three months after this act shall take effect.' to be evidence. (1687.) SEC. 5. That copies of all papers required by this act to Certified copies be deposited in the office of the Secretary of State and certified under the hand of said Secretary of State, to be true and correct copies of such papers, shall be received as evidence in all courts and places, in the same manner and have the same force and effect as the original would have if produced. sufficient com. (1688.) SEC. 6. Any insurance company, association, firm, copart- Statement, etc., nership, or individual, complying with the requirements of this pllance. act, and receiving the certificate from the Secretary of State of this State, or from any of its agents, shall not be required to furnish but the single statement and evidence required hereby, which, 1As amended by Act 54 of the Laws of 1861, p. 42, approved and took effect February 15, 1861. Penalty for violation. being filed with the said Secretary of State, shall be deemed a sufficient compliance for its free transaction of business in this State. (1689.) SEC. 7. Any person or persons violating the provisions of this act shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum of not less than fifteen and not exceeding one hundred dollars, for each and every act, at the disHow prosecuted cretion of the court. Violations of the provisions of this act may be prosecuted in the name of the people of the State of Michigan, and it shall be the duty of the prosecuting attorney of each county to prosecute for any violations of the provisions of this act. Repeal. Proviso. Report to State Specific tax. Receipt for. (1690.) SEC. 8. The act entitled "An act in relation to insurance companies and insurance agents," approved February twelfth, eighteen hundred and fifty-five, be and the same is hereby repealed: Provided, That the repeal of said act shall not affect any proceedings now pending under its provisions, nor the right to prosecute for any violations of its provisions prior to the taking effect of this act. (1691.) SEC. 9. It shall be the duty of any and all companies doing business within this State under the provisions of this act, as a condition precedent to the renewal of an annual certificate by the Secretary of State, to make and file in the office of the State Treasurer annually, in the month of February in each year, on oath or affirmation, a statement of the number of policies issued. and the amount of premiums received or secured thereon, during the year then terminated, and shall pay into the hands of the State Treasurer a specific tax of three per cent on the gross amount of all premiums received in money or securities during the said year, which said specific tax may be received in any court at the suit of this State, and shall be and hereby is appropriated to the same uses and purposes as the specific taxes on railroad corporations are or hereafter may be; and it shall be the duty of the State Treasurer to give his receipt for all moneys paid into the State Treasury under the provisions of this act.' 1 Added by Act 54, Laws of 1861, p. 42; and amended by Act 158 of the Laws of 1865, p. 261, approved March 14, 1865. TITLE XIII. THE PUBLIC HEALTH. CHAPTER XLVI. The preservation of the public health; quarantine, nuisances, and offensive trades. THE PRESERVATION OF PUBLIC HEALTH; QUARAN- Chapter thirty-five of Revised Statutes of 1846. (1692.) SECTION 1. The supervisor and justices of the peace of Board of health. every township, respecting which no other provision is or shall be made by law, shall be a board of health for their respective townships, and the township clerk shall be the clerk of such board, and shall keep a record of their proceedings in a book to be provided for that purpose at the expense of the township. health officer, tion, etc. (1693.) SEC. 2. Every board of health may appoint a physician Appointment of to the board, who shall be the health officer of his township, and his compensashall hold his office during their pleasure, and they shall establish his salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the health laws, and of their own regulations. lating to causes (1694.) SEC. 3. The board of health shall make such regula- Regulations retions respecting nuisances, sources of filth, and causes of sickness, of sickness, etc. within their respective townships, and on board of any vessels in Respecting articles capable of conveying contagion, etc. Duty of board as to the purchase of burying grounds. Board to hold lands in trust. paid. their ports or harbors, as they shall judge necessary for the public health and safety; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars. (1695.) SEC. 4. The said board shall also make such regulations as they may deem necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from, their township, or into or from any vessel; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars. (1696.) SEC. 5. The said board shall also make all regulations which they may deem necessary for the interment of the dead, and respecting burying-grounds, for their township; and it shall also be the duty of said board to purchase in each surveyed township so much land for burying-grounds as shall be necessary for burying the dead of such township, provided suitable grounds therefor can be found and procured within the township, and if not, they shall then provide such grounds in the nearest adjoining township where such suitable grounds can be procured. 1 1 (1697.) SEC. 6. The board of health of the township for which such burying-grounds shall be procured, and their successors in office, shall hold the fee of such land in trust for such township; and they shall keep the same, or so much thereof as shall be necessary, surrounded with a good and substantial fence; the expenses Expenses, how of the purchase of such lands, and of fencing and regulating the same, to be certified to the town board by the board of health, and, by the town board, provided for as a part of the contingent expenses of the township: Provided however, That the board of health may, whenever they think it desirable, sell and convey single or family burial lots in said township burying-grounds, to such person or persons as may desire to procure the same, and apply the proceeds thereof towards the purchase or improvement of said grounds, certifying the amount of all such sales and expenditures to the township board as above provided.1 Proviso. Notice of regulations, how published. (1698.) SEC. 7. Notice shall be given by the board of health of all regulations made by them, by publishing the same in some newspaper of the township, if there be one published therein, and if not, then by posting them up in five public places in such township; and such notice of said regulations shall be deemed legal notice to all persons. 1 As amended by Act 142 of the Laws of 1859, p. 396, approved February 12, 1859. |