society, or voluntary association having a lodge system, with ritualistic form of work and a representative form of government, formed or organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit. This section pro vides as to the insurance associations under it may transact, how funds shall be raised, to whom benefits may be paid, and that such association shall be exempt from the insurance laws of this State, except as provided in the act, and that death claims shall be invalid. Section 2 relates to the number of persons required to form an association under the act. Section 3 states that all associations organized under the act shall comply with the provisions of the act regulating annual reports and designating the commissioner of insurance as the person upon whom process may be served; provides where and how suits may be brought against such association, and how service may be made upon them, and when costs may be awarded against them. Section 4 relates to the methods by which similar associations organized in foreign jurisdictions may be permitted to do business within this State. Section 5 provides for annual reports to the commissioner of insurance; for the issuance each year of a license to such associations to continue business, without which license the association has no authority to do business within the State; for the method and manner of making of the reports; as to just what they shall contain, and that they shall, in substance, be published in the annual report to the commissioner of insurance. Section 6 provides that any such association, not having its principal office within the State, shall appoint the commissioner of insurance as its attorney upon whom process may be served. Section 7 provides that such official shall issue a permit to any association which has complied with the law. Sections 8, 9, and 10 provide for the incorporation of such associations as desire to become incorporated. Sections 11, 12, 13, and 14 provide a method by which subordinate lodges may become incorporated. Section 15 exempts any money to be paid by any association organized under the act from attachment or garnishment for any liability of the certificate holder of beneficiary. Section 16 provides for the criminal punishment of any person who shall wilfully make false or fraudulent statements relating to matters therein described. The remaining sections of the act relate to matters which show that the State has taken complete jurisdiction and control over associations organized under the act, whether incorporated or unincorporated. "While the grand lodge of this order is not incorporated, it has been brought completely under the control of this State by the statutes mentioned. It not only enjoys privileges and exercises powers expressly granted by the State,' but its duties are public ་ ones, the performance of which the State has commanded, the omission to perform which the State has prohibited. Positive law should govern the relation of this association to its members as well as to the State. The association is made a distinct legal entity.' It possesses attributes of perpetual succession, and the capacity of suing and being sued.' Of what use would all these statutory provisions be, governing the relation of the society to the State, if the society is permitted, not only to break an existing contract, but to wholly destroy the existing status of the members of the subordinate lodge? “I think the restorative remedy here asked for is the only adequate one, and the mandamus prayed for should issue." INDEX. ACCEPTANCE-See SALES (3, 4). ACCORD AND SATISFACTION-See CONTRACTS (8). Where the bill of complaint of an executor shows a half inter- See EXECUTORS AND ADMINISTRATORS (3, 6); MORTGAGES (2). ACTION. 1. No right of action against the manager of a corporation accrues to the trustee in bankruptcy of a bank which loaned money in the name of its president to the corporation acting through its manager, appointed under a special agreement whereby the manager assumed control of the business, and which provided for a mutual cancellation of liability arising out of certain provisions of the contract, if the business did not succeed. Monroe v. Bushnell, 115, Id. 127. 2. A prisoner brought from another State on a criminal charge is See ASSIGNMENTS; ATTACHMENT (3); BENEFICIAL ASSOCIA- ACTION ON THE CASE-See FRAUD (3). ADEQUATE REMEDY AT LAW-See ACCOUNTING; LANDLORD AND TENANT (1). ADMISSIONS-See INSANE PERSONS (3, 4). ADULTERATED MILK-See MALICIOUS PROSECUTION (3–5). ADVANCEMENTS-See ESTATES OF DECEDENTS (6). ADVERSARY PROCEEDINGS-See INSANE PERSONS (8). ADVICE OF PROSECUTING ATTORNEY-See MALICIOUS PROS- ECUTION (1). AFFIDAVIT-See ATTACHMENT (4). AGENCY-See FRAUD (7); PRINCIPAL AND AGENT. AGGRAVATED DISEASE-See NEGLIGENCE (3). AGREEMENT-See PARTNERSHIP (4). ALIMONY-See DIVORCE. ALPENA CHARTER-See MUNICIPAL CORPORATIONS (5). ALTERATION OF INSTRUMENTS—See PRINCIPAL AND SURETY AMENDMENT-See DIVORCE (2, 3); EXCEPTIONS, BILL OF; MUNIC- ANNUAL REPORTS-See CORPORATIONS (1). APPEAL AND ERROR. 1. In proceedings for a writ of assistance to obtain possession of 2. Stenographer's minutes of the testimony cannot be considered 3. A charge which, considered as a whole, fails to state a proposi 4. Where both parties bring error from a judgment, the appeals 5. On motion to dismiss writs of error issued three years after 6. Delay in suing out a writ of error must be excused by a suf- 7. On motion to dismiss a writ of error the writ will be dismissed |