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Borrower's liability, amount

limited.

limitations

Further proviso, when liabilities may be increased.

dred forty-one of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number two hundred sixtyfive of the Public Acts of eighteen hundred ninety-nine and act number two hundred sixty-two of the Public Acts of nineteen hundred five and act number three hundred twenty-two of the Public Acts of nineteen hundred seven, is hereby amended to read as follows:

SEC. 52. The total liabilities to any bank of any person or of any company, corporation or firm for moneys advanced, including in the liabilities of the company or firm the liabilities of the several members thereof, except special partners, shall at no time exceed one-tenth part of the amount of capital and surplus of such bank, but the discount of bills of exchange drawn in good faith against actually existing values and the discount of commercial or business paper actually owned by the person negotiating the same shall not be conProviso, when sidered as money borrowed: Provided, however, That the forenot applicable. going limitations shall not apply to loans on real estate or other collateral securities authorized by this act, and deposited with the bank, or a trust company organized under the laws of this State: Provided further, That by a two-thirds vote of directors, the liabilities to any bank of any person or company, or corporation or firm may be increased to a sum not exceeding one-fifth of the capital and surplus of the bank; but such additional one-tenth of such capital and surplus shall not be loaned to any officer or director, or to any partnership in which such officer or director is a partner, or to any corporation in which such officer or director owns a majority of the capital stock, until such officer, director, partnership or corporation furnishes collateral or endorsements satisfactory to the directors, or files with the bank a sworn statement of assets and liabilities showing a net worth of sufficient amount to be entitled to such credit: Provided further, That before any bank under the supervision of the laws of this State shall loan any of its funds to its officers or its employes, such loans shall be first submitted to the directors of such bank for their approval. Not more than one-fourth of the assets of any bank shall be loaned or invested in steam railroad bonds, and not more than onetenth of the assets of any bank shall be invested in the bonds of any one railroad corporation described in paragraph (c) or (d) of section twenty-seven, and not more than one-twentieth of such assets in the bonds of any company or corporation described in paragraphs (e), (f) or (g) of said section, and not more than one-tenth of the assets of any bank shall be loaned to any one person, corporation or firm on the collateral pledges described in paragraph (h) of same section.

Further proviso, directors' approval.

Approved March 26, 1913.

[No. 29.]

AN ACT to amend sections fifteen, twenty-three and twentyfour of act number one hundred one of the Public Acts of nineteen hundred nine, entitled "An act to revise the law relative to the care of the feeble-minded and epileptic."

The People of the State of Michigan enact:

amended.

SECTION 1. Sections fifteen, twenty-three and twenty-four Sections of act number one hundred one of the Public Acts of nineteen hundred nine, entitled "An act to revise the law relative to the care of the feeble-minded and epileptic," are hereby amended to read as follows:

admission,

whom made.

contain.

examination.

SEC. 15. Petitions for the admission of a person to the Petitions for Michigan Home for the Feeble-Minded and Epileptic may be how and by made by the father, mother, husband, wife, brother, sister, child or guardian of a person alleged to be feeble-minded or epileptic, or by the sheriff or any superintendent of the poor, or supervisor of any township within the county in which the alleged feeble-minded or epileptic person resides, and directed to the probate court of said county. Such petition shall con- What to tain a statement of the facts upon which the allegation that such person is feeble-minded or epileptic is based, and because of which the application for the order is made. Upon Hearing and receiving such petition the court shall fix a day for the hearing thereof, and may in its discretion appoint two reputable physicians to make the required examination of the alleged feeble-minded or epileptic person, whose certificate shall be filed with the court on or before such hearing. Notice of such Notice, petition and of the time and place of hearing thereon shall be serving of. served personally, at least twenty-four hours before the hearing, upon the person alleged to be feeble-minded or epileptic and upon the prosecuting attorney, and if the petition is made by a sheriff, superintendent of the poor or supervisor, also upon the father, mother, husband, wife or some one of the next of kin of full age, of such alleged feeble-minded or epileptic person, if there be any such known to be residing within the county, and upon such of said relatives or other persons within the State as may be ordered by the court, which said notice may be served in any part of the State. The Guardian, court may in its discretion appoint a guardian ad litem to represent such feeble-minded or epileptic person upon such hearing. The court shall also institute an inquest, and shall Inquest, what in all cases take proofs in writing as to the financial circumstances of the patient and his relatives legally liable for his support, and shall take proofs as to the alleged condition of such person and fully investigate the facts before making an order, and if no jury is required the probate court shall determine the question of whether such person is a feeble

ad litem.

to determine.

When jury may be summoned; what to determine.

Jurors' fees, etc.

Order for admission, when court to issue.

When admitted as private patient.

minded or epileptic person or not. If the court shall deem it necessary, or if such alleged feeble-minded or epileptic person, or any relative or any person with whom he may reside or at whose house he may be, shall so demand, a jury of six freeholders having the qualifications of jurors in courts of record shall be summoned to determine the question of whether such person is feeble-minded or epileptic, and whenever a jury is required the court shall proceed to the selection of such jury in the same manner as is provided for the selection of a jury for the condemnation of land for railroad purposes, and such jury shall determine the question of whether such person is feeble-minded or epileptic. The jurors shall receive the same fees for attendance and mileage as are allowed by law to jurors in the circuit court. The alleged feeble-minded or epileptic person shall have the right to be present at such hearing, unless it shall be made to appear to the court by the certificate of two reputable physicians that his condition is such as to render his removal for that purpose or his appearing at such hearing improper and unsafe. If such person shall be found and adjudged to be feeble-minded or epileptic, the court shall immediately issue an order for his admission to the Home for the Feeble-Minded and Epileptic. If at the time of or before the making of such order, a bond in the penal sum of one thousand dollars, executed by a surety company authorized to do business in this State or by two or more sureties to be approved by the judge of probate, running to the people of the State of Michigan and conditioned for the payment of the support and maintenance of the patient in the manner prescribed by law, shall be delivered to the judge of probate, together with the sum of fifty dollars as an advance payment toward the support of such patient, admission shall be ordered as a private patient, otherwise as a public patient. Such bond and advance payment, together with the order of admission and bond, shall be transmitted by the probate court to the medical superintendent of Public patient. the home. Until such bond and advance payment are delivered to the medical superintendent the person shall be admitted to the home only as a public patient. At the request of the medical superintendent the court shall require the sureties upon such bond to justify their responsibility anew or order that a new bond be given in place of the original, which justification or new bond shall be transmitted to the medical superintendent, and unless such justification or new bond shall be delivered to the medical superintendent within thirty days the patient shall, from the time of such request, be regarded as a public patient. The court shall designate a proper person or persons to take such feeble-minded or epileptic person to the home, who shall each receive as pay for such services the sum of three dollars per day, together with necessary expenses, which together with all court expenses shall be borne

Sureties, responsibility.

by the county from which the patient is sent. The order for Order for admission shall be substantially in the following form:

State of Michigan

The Probate Court for the County of.....

At a session of said court held at the probate office in the

the.

..of......

..day of...

In the matter of...

a feeble-minded person.

ing the petition of.

..in said county on

.A. D. 19....

Present, Honorable.

Judge of Probate.

.having been appointed for hear
..praying that said

.be admitted to the Michigan Home

for the Feeble-Minded and Epileptic as a.....
patient, and due notice of the hearing on said petition hav-
ing been given as required by law and as directed by said
court, the said petitioner appeared..

It appearing to the court upon filing the certificates of two
legally qualified physicians, and after a full investigation
of said matter, with..
..the verdict of a
is a....

jury that said.....

person and is in need of care and treatment at the Michigan Home for the Feeble-Minded and Epileptic;

It is ordered that said.....

...be admitted to the Michigan Home for the Feeble-Minded and Epileptic as

[blocks in formation]

hereby designated and directed to remove said.

.be and is

....to said Michigan Home for the FeebleMinded and Epileptic, with full power and authority for that purpose.

admission, form of.

Judge of Probate.

If the order for admission is as a public patient and it shall Maintenance. appear from the proofs taken in writing as aforesaid that the patient has an estate out of which the State may be reimbursed for his maintenance, the court shall direct in said order for admission, the payment out of such estate of the whole or such part of the cost of maintenance of said patient at said home as he shall deem just, regard being had to the needs of those having a legal right to support out of said estate, which said order shall remain in full force and effect until modified by proceedings under section seventeen of this act, or until the patient shall be discharged from said home, and the judge of probate committing such patient shall be notified of his discharge. Whenever an order is made committing any person to the home, a copy of such order together with the personal and family history of such person, upon blanks to be furnished the judge of probate by the medi

Admission.

Proviso, indigent patients. Further proviso, senility.

When patient escapes.

Aiding to escape, misdemeanor.

Penalty.

When may discharge patient.

cal superintendent of the Michigan Home for Feeble-Minded and Epileptic, including a full copy of the report of the physicians, shall be mailed forthwith to the medical superintendent, who shall endorse thereon the date of receipt and file the same in his office. Patients shall be entitled to admission in the order in which the copies of the orders for cominitment were received and filed, and whenever there shall be room at the home to receive additional patients the medical superintendent shall at once notify the probate court which made the commitment earliest received and filed as aforesaid, and said court shall within thirty days thereafter cause said patient to be taken to said home or shall enter an order that such person is no longer entitled to admission and shall notify the medical superintendent thereof: Provided, Preference shall be given to the admission of indigent patients, so far as circumstances permit: Provided further, That no feeble-minded woman above the age of forty-eight years, not an epileptic, nor any feeble-minded man not an epileptic whose condition is due to senility, shall be admitted to said institution.

SEC. 23. If the patient shall escape, the medical superintendent shall notify the judge committing such patient, and take all proper measures for his apprehension, and he may offer a reasonable reward therefor. The expense of the recapture of a private patient shall be paid by the persons responsible to the home for his care and maintenance, and of a public patient shall be paid by the home and shall be a charge against the State, to be included in its quarterly bills. Any person who shall aid or assist any person who is an inmate of the said Michigan Home for the Feeble-Minded and Epileptic to escape therefrom, or who shall aid or assist any inmate thereof absent on parole to violate his or her parole, or unlawfully detain such paroled person from the custody of any person or persons to whom such inmate has been temporarily placed in charge by the officers of said home, or shall aid or assist any female inmate of said home to leave this State, or shall marry any inmate knowing such person to be an inmate or a subject of such home without the consent of the board of control of such home, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the State Prison or State House of Correction and Reformatory for a term not to exceed two years or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment in the discretion of the court.

SEC. 24. The medical superintendent may by consent of the board of control discharge any patient in the following cases: First, A patient who, in his judgment, has recovered; Second, Any patient who has not recovered but whose discharge, in the judgment of the superintendent, will not be detrimental

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