sary aid in abating the nuisance and he shall render a bill against the owner for one-half the expense incurred. If the owner refuses to pay said bill, it shall be certified to the township board and assessed against the property: Provided, Proviso. That certain plants and plant products included in the classification of public nuisances and not actually infested or infected may, in the discretion of the commissioner of agriculture, be permitted to remain without eradication until such time as they become infested or infected. for inspec SEC. 21. Any municipality, park board, or other board Application or person in control of public grounds may apply to the com- tion. missioner of agriculture for an inspection of the same with reference to the presence of insect pests or plant diseases; and upon receipt of such application, or as soon thereafter as may be conveniently practicable, the commissioner of agriculture shall comply with such request, and send to such applicant a statement as to the facts disclosed, with any recommendations which the commissioner of agriculture may deem pertinent. The expense of the special inspection shall be paid by the applicant. before ship SEC. 22. Any owner of florist's stock or other plants which Inspection are not nursery stock and which he wishes to ship into an- ment to other state or country may apply to the commissioner of agri- other state. culture for an inspection of the same with reference to the presence of insect pests or diseases likely to prevent the acceptance of such plants in such state or country, agreeing in his application to pay in full the expenses of the inspection, and upon receipt of such application and agreement, or as soon thereafter as may be conveniently practicable, the commissioner of agriculture shall comply with such request, and upon the receipt of the expenses of the inspection, he shall issue to the applicant a certificate to the facts disclosed. SEC. 23. The commissioner of agriculture when he shall find Quarantine. that there exists in any other state, territory, or district, or part thereof, any dangerous plant disease or insect infestation. with reference to which the secretary of agriculture of the United States has not determined that a quarantine is necessary and duly established such quarantine, he is hereby authorized to promulgate, and to enforce by appropriate rules and regulations, a quarantine prohibiting or restricting the transportation into or through the state, or any portion thereof, from such other state, territory, or district, of any class of nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying such plant disease or insect infestation. (a) The commissioner of agriculture is hereby authorized Seizure, etc. to make rules and regulations for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying any dangerous plant disease or insect infestation, a quarantine with respect to which shall have been established by the secretary of agriculture Notice by publication. Proviso. Violation a misdemeanor. Review of orders, etc. Misdemeanor, what deemed. Penalty. of the United States, and which have been transported to, into or through this state in violation of such quarantine. (b) All orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this act shall have the force and effect of law. (c) The notice of any hearing and the promulgation of any quarantine provided for in this section shall be by publication in one or more newspapers in circulation in the area affected: Provided, That any person within the state holding a license under the provisions of this act shall be mailed notice of such hearing or promulgation by the commissioner of agriculture. SEC. 24. Any person violating any of the provisions of this act or of any quarantine, or rules or regulations supplemental thereto, issued by the commissioner of agriculture in pursuance of this section shall be deemed guilty of a misdemeanor and subject to the penalties prescribed in section twenty-six of this act. SEC. 25. Any person affected by any rule, regulation or order made or served pursuant to this act may have a review of the same by the commissioner of agriculture and from his decision may appeal to the circuit court for the purpose of having such rule, regulation or order modified or suspended. Application for such review may be made to the commissioner of agriculture in writing within ten days after the receipt of notice of such rule, regulation or order; and such review shall be allowed and considered by the commissioner of agriculture at such time and place and under such rules and regulations as the commissioner of agriculture may prescribe. SEC. 26. Any person who shall violate any of the provisions of this act with reference to the sale, shipment, transportation, receipt or delivery of nursery stock without inspection or certificate, or with reference to treatment of nursery stock, plants, plant products, or other property, or who shall forge, counterfeit, deface, alter, destroy or wrongfully use a certificate provided for in this act, or who shall use a certificate belonging to another person without the consent of the commissioner of agriculture; or who shall use a certificate after it has been revoked or has expired; or who fails to secure a license as provided for in section nine of this act; or who shall violate any proclamation of the commissioner of agricuture, or quarantine, or rule, regulation or order of the commissioner of agriculture provided for in this act; or who shall maintain a nuisance after receiving notice from the commissioner of agriculture to abate the same; or shåll fail or neglect to use such measures of arrest and control of injurious insect pests or plant diseases as are required of him. by the commissioner of agriculture; or who shall offer any hindrance or resistance to the carrying out of this act, shall be adjudged guilty of misdemeanor, and upon conviction be fined not less than twenty-five dollars nor more than five hundred dollars for each and every offense, or by imprison ment in the county jail for a period of not to exceed three months, or by both such fine and imprisonment at the discretion of the court; and the amount collected in fines shall be paid to the commissioner of agriculture and by the commissioner of agriculture turned into the state treasury and be used to help to defray the expenses of the enforcement of this act, in addition to the regular annual appropriation for the state department of agriculture. commis (a) It shall be the duty of the commissioner of agricul- Duty of ture to furnish to the prosecuting attorney of the county in sioner. which such offense is committed, or to the attorney general of the state, all information in his possession concerning the violations of this act. construed, SEC. 27. In construing and enforcing the provisions of this Act, how act, the act, omission or failure of any official, agent or other etc. person acting for or employed by any association, partnership or corporation, within the scope of his employment or office, shall in every case, also be deemed the act, omission or failure of such association, partnership or corporation, as well as that of the person. clause. SEC. 28. If any section, sub-section, sentence, clause or Saving phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed the act and each section, sub-section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses and phrases be declared unconstitutional. repealed. SEC. 29. Sections one, two, three, four, five, six, seven, Sections eight, nine, ten, eleven and sections seventeen-a and nineteen of act number ninety-one of the public acts of nineteen hundred five, as the same is amended by act number one hundred eighty-seven of the public acts of nineteen hundred seventeen, and amended and added to by act number sixty of the public acts of nineteen hundred nineteen, and amended by act number two hundred forty-one of the public acts of nineteen hundred twenty-one, and further amended by act number two hundred seventy-nine of the public acts of nineteen hundred twenty-three, are hereby repealed. This act is ordered to take immediate effect. Section amended. [No. 143.] AN ACT to amend section four of chapter one of part two of act number two hundred fifty-six of the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," approved May tenth, nineteen hundred seventeen. The People of the State of Michigan enact: SECTION 1. Section four of chapter one of part two of act number two hundred fifty-six of the public acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," is hereby amended to read as follows: Articles, to whom submitted. Where filed. PART II Chapter 1 SEC. 4. Before said articles of association shall be effective for any purpose the same shall be submitted to the attorney general for his examination, and if found by him. to be in compliance with this act he shall so certify to the commissioner of insurance. The persons so associating before securing subscribers, stockholders or members of such insurance company, or taking subscriptions for, or negotiating for, the sale of any of the capital stock of the said company, or subscriptions for membership therein, shall prepare and file in the office of the commissioner of insurance, together with triplicate copies of the said articles of association with the certificate of the attorney general annexed thereto, a statement showing in full detail the plan upon which it proposes to transact business, a copy of all contracts, stocks or other instruments which it proposes to make with, or sell to, its stockholders or members, together with a .copy of its prospectus and the proposed advertisements to be used in the solicitation of members or stockholders, which statement shall show the name and location and main office of the company, the name, home and business address of each of the incorporators, and the amount subscribed and paid in by each of them, and the manner in which future payments shall be made, together with four references as to the character and financial standing of each of the said incorporators with the business address of each of said references. The When license said insurance commissioner shall examine the statements refused. and documents so presented to him by the persons so associating and shall have power to conduct any investigation which he may deem necessary and to hear such incorporators and to examine under oath any persons interested or connected with the said proposed insurance company, and if in the opinion of said commissioner the sale of capital stock in said proposed insurance company or soliciting of membership therein would, in his opinion, work a fraud upon the persons subscribing to such capital stock or to such membership he shall have authority to refuse to license the said persons so associating to proceed in the organization and promotion of the said insurance company. If, upon examination of When the said articles of association, the documents and instru- granted. ments above mentioned and such further investigation as the said insurance commissioner shall make, he is satisfied that the sale of the capital stock of the proposed insurance company or the subscription to membership therein would not work a fraud upon the persons solicited to become purchasers of such capital stock, or members of the said insurance company, he shall return to such incorporators one copy of such articles of association certified for filing with the county clerk of the county in which said insurance company proposes to maintain its principal business office, and one copy to be certified by the commissioner of insurance for the records of the company itself, and shall retain one copy for his office files, and he shall then issue a certificate authoriz ing said incorporators to proceed with the organization of said insurance company through the sale of stock or taking of memberships. Said insurance commissioner shall have when power and authority at any time to revoke any certificate, order or consent made by him to the said company to procure applications for stock or membership upon being satisfied that the further solicitation of stockholders, or members, in said corporation will work a fraud upon the persons so solicited; and he shall have authority to make such investigation from time to time as he may deem best and to grant hearings to such incorporators in relation thereto. The action of the insurance commissioner herein provided for shall not be in place of any action provided by law to be taken by the securities commission of the state of Michigan in relation to the sale, taking subscriptions for, or offering for sale any stocks or securities within this state. Upon the Examinapetition of the incorporators of such company, the commissioner of insurance shall cause an examination to be made in respect to the capital stock and shall see that the requirements as to the same have been fully complied with; and if the company is organized to do business on the mutual revoked. tion upon petition. |