Section amended. Lien for labor, when created. [No. 121.] AN ACT to amend section one of act number seventeen of the public acts of nineteen hundred three, entitled "An act to amend the title and sections one and twenty-nine of an act, entitled 'An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves, and all other structures, and to repeal all acts contravening the provisions of this act,' being chapter two hundred ninety-six of the Compiled Laws of eighteen hundred ninety-seven," approved March twenty-six, nineteen hundred three. The People of the State of Michigan enact: SECTION 1. Section one of act number seventeen of the public acts of nineteen hundred three, entitled "An act to amend the title and sections one and twenty-nine of an act, entitled 'An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves and all other structures, and to repeal all acts contravening the provisions of this act,' being chapter two hundred ninetysix of the Compiled Laws of eighteen hundred ninety-seven," approved March twenty-six, nineteen hundred three, is hereby amended to read as follows: SEC. 1. Every person who shall, in pursuance of any materials, etc., contract, express or implied, written or unwritten, existing between himself as contractor, and the owner, part owner or lessee of any interest in real estate, build, alter, improve, repair, erect, ornament or put in, or who shall furnish any labor or materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building, machinery, wharf or structure, or who shall excavate, or build in whole, or in part, any foundation, cellar or basement for any such house, building, structure or wharf, or shall build or repair any sidewalks, or shall furnish any materials therefor, and every person who shall be sub-contractor, laborer, or material man, perform any labor or furnish materials to such original or principal contractor, or any sub-contractor, in carrying forward or completing any such contract, shall have a lien therefor upon such house, building, machinery, wharf, walk or walks, foundation, cellar or basement, and other structures, and its appurtenances, and also upon the entire interest of such owner, part owner or lessee in and to the lot or piece of land, not exceeding one-quarter section of land, or if in any incorporated city or village, not exceeding the lot or lots upon or around or Extent of. in front of which such improvement is made, to the extent of the right, title and interest of such owner, part owner or lessee at the time work was commenced or materials were begun to be furnished by the contractor under the original contract, or by the sub-contractor who furnishes or is furnished with any labor or material in the performance or execution of such sub-contract and also the extent of any subsequent acquired interest of any such owner, part owner or lessee, and in case of the construction of a number of buildings, foundations, cellars, basements, or walks under one contract upon, around or in front of, the same lot or contiguous lots for the same owner, part owner or lessee, of any interest in the real estate upon which said buildings are situated or upon, around or in front of which said walk or walks are built or repaired, such lien for such material or labor so furnished, shall attach to all of said buildings, foundations, cellars, basements, walk or walks, together with the land upon, around or in front of which the same are being constructed, the same as hereinbefore provided in case of a single building, foundation, cellar, basement, walk or improvement: Provided, That any person, firm or corpora- Proviso, tion furnishing materials or performing labor of any kind notice to entering into the construction of any such building, struc- etc. ture, foundation, cellar, basement, or walk, shall within thirty days after furnishing the first of such material or performing the first of such labor to any contractor or sub-contractor, serve on the owner, part owner or lessee of the premises, or his agent a notice, which notice shall be such. as will inform the owner, part owner or lessee of the premises, or his agent, of the nature of the materials furnished, or labor performed, or to be performed, and a description of the premises where furnished, if such owner, part owner or lessee reside in, or has a known agent in the county in charge of such structure, improvement, foundations, cellars, basements, walk or walks. Such notice may be in the fol- Notice, lowing form: To.. furnishing Take notice that the undersigned is labor or materials for building, excavating, or altering, im- owner, lessee, form of. notice. or in front of the following described property Such notice, however, shall be sufficient if served at any Subsequent time subsequent to said thirty days, but before the original service of contractor shall make out and give to the owner, part owner or lessee or his agent, a statement under oath of the number and names of every sub-contractor or laborer in his employ, and of every person, firm or corporation furnishing materials, giving the amount, if anything, which is due or to become due on them, or any of them, for work done or materials fur Owner, etc., liability of. Risk of payments. nished as required by section four of this act. The owner, part owner or lessee shall not be liable to the sub-contractor, material men or laborers, for any greater amount than he Recoupment. contracted to pay the original contractor, and shall be entitled to recoup any damages which he may sustain by reason of any failure or omission in the performance of such contract, but the risk of all payments made to original contractor after he shall have received the notice above mentioned, or before the contractor shall have furnished him with a statement as hereinbefore provided, shall be upon the owner, part owner or lessee until the expiration of sixty days, within which claims for lien may be filed as hereinafter provided, and no payment made to any contractor before the expiration of said sixty days shall defeat any lien of any sub-contractor, material man or laborer, unless such payment has been distributed among the sub-contractors, material men or laborers, or if distributed in part only, then to the extent of such distributions. Approved May 26, 1909. Sections amended. Bacteriological examination. [No. 122.] AN ACT to amend sections three and five of act number one hundred nine of the public acts of nineteen hundred seven, entitled "An act to provide for the appointment of a bacteriologist by the State Board of Health; to provide for the purchase of the necessary appliances and apparatus for bacteriological examinations, and providing an appropriation therefor." The People of the State of Michigan enact: SECTION 1. Sections three and five of act number one hundred nine of the public acts of nineteen hundred seven, entitled "An act to provide for the appointment of a bacteriologist by the State Board of Health; to provide for the purchase of the necessary appliances and apparatus for bacteriological examinations, and providing an appropriation therefor," are hereby amended to read as follows: SEC. 3. The various boards of health, health officers, and all State institutions may require a bacteriological examination or analysis of blood, sputum, urine, water, milk, or other substance in localities where there is an outbreak of any contagious disease or epidemic in which bacteriological examination or analysis may be necessary to the public health and welfare, or for the purpose of locating sources of infection, or contamination of water, milk, ice, etc., as the case may be. The said State Board of Health shall also Analysis of be required to make an examination and analysis of the water, etc. water used by the public, and of public water supplies, when contamination is suspected, whenever the examination or analysis is required by the mayor of any city, the president sent in sealed of any village, or the supervisor of any township. Such Samples to be boards or officers shall forward or deliver to the secretary packages. of the State Board of Health a sample of the substance required to be analyzed, in a sealed package or jar accompanied by a statement from such board or officer, indicating the necessity for the analysis. The examination or analysis for the boards or officers above named shall be made free of charge. The State Board of Health shall also make a bac- Analysis in teriological examination or analysis in all matters of a crim- matters. inal nature whenever requested by the prosecuting attorney criminal of the county in which the case may arise: Provided, how- Proviso, cost. ever, That any prosecuting attorney requiring any analysis of a criminal nature, or any private individual, corporation or association requiring an analysis for private purposes, shall be required to pay to the State Board of Health, upon the completion of the analysis, the nominal cost of the materials used and for the time necessarily spent in making such examination or analysis, which amounts shall constitute a charge against the particular county, private individual, corporation or association, and shall together with all fees for expert testimony be turned into the State treasury to the credit of the bacteriological fund, in addition to the amount herein provided, and may be drawn by the State Board of Health in the manner now provided by the accounting laws of this State for the purpose of maintaining or adding to the equipment of the bacteriological division of the department of health. SEC. 5. There is hereby appropriated annually out of any Annual moneys in the State treasury to the credit of the general appropriation. fund the sum of five thousand dollars for the purpose of carrying out the provisions of this act, which amount shall be paid to the State Board of Health in the manner now pro vided by the general accounting laws of this State. Auditor General shall add to and incorporate in the State Tax clause. This act is ordered to take immediate effect. Defendants, who may be made, in chancery matters. Real estate, when subject matter is. Who may commence proceedings. Persons proceeded against. [No. 123.] AN ACT enlarging the jurisdiction of courts in chancery, allowing unknown or unascertained persons and the stockholders and creditors of defunct corporations or partnership associations to be made defendants in proceedings in chancery, and prescribing the procedure and effect thereof. The People of the State of Michigan enact: SECTION 1. In all suits and proceedings in chancery, if there be any person interested in the same or in the subject matter involved therein, or whose name appears in the records of any public office as having at any time claimed any right, title, interest or estate in the subject matter of the suit or any portion thereof or any lien or charge thereon without having conveyed or released the same, or who might at any time under the provisions or legal effect of any instrument of record claim or be entitled to claim any benefits thereunder, and it is not known whether such person is living or dead, or where he may reside if living, or whether the title, interest, claim, lien or possible right has been by him assigned to any person or persons, or if dead whether he has personal representatives or heirs living or where they or some of them may reside, or whether such title, interest, claim, lien or possible right has been disposed of by will, it shall be lawful to make such person and every one claiming under him defendants in such suit or proceeding by naming such person and adding the words "or his unknown heirs, devisees, legatees and assigns," which shall include and be construed to include all persons claiming in any manner under the person named as originally interested in such subject matter. If the subject matter be real estate such addition shall include and be construed to include all persons who might claim under the person named any dower or homestead right, whether the same shall be vested or inchoate at the time of beginning such suit or proceeding. SEC. 2. Proceedings under this act may be begun by any person, corporation or partnership association claiming any vested or contingent interest, or any estate in possession, expectancy, reversion or remainder, in the subject matter of the suit or any undivided part thereof or any estate for years therein, or who has conveyed any interest therein with covenants of title or warranty; and may be brought against all persons, corporations or partnership associations who may be in possession of the subject matter or who appear in any public record or in the record of any corporation to have or claim, or to have had or claimed, any title or interest in or lien upon such subject matter without having conveyed or released the same, including the makers of any conveyance or release |