designated.

which is uncertain or ambiguous in its terms, or contains any misdescription of the premises, or which is executed in such a manner as to make its validity doubtful or uncertain; also against all persons, corporations or partnership associations who, by reason of any provision, limitation, restriction, stipulation, charge, agreement or uncertainty contained in any deed, plat, will or other instrument of record, whether void upon its face or not and whether seemingly extinguished or made void by some other title or by some statutory provision or not, might be entitled in any contingency to enforce the same or make any claim thereunder. If there is any class of Unknown persons in whose favor any such provision, limitation, restric- persons, how tion, stipulation, charge, agreement or uncertainty might be enforced, and such persons are unascertained or not in being, they may be made defendants in any suit or proceeding hereunder, and bound by any decree made therein, by being designated as all persons who are or may become entitled to claim under the particular provision, limitation, restriction, stipulation, charge, agreement or uncertainty set forth in the bill of complaint or petition, which shall also be set forth at length in connection with every publication of every order by which notice is given to defendants in such class of the pendency of the suit or proceeding. The court may require the moving Court may party by amendment to describe any defendant or defendants further more particularly if in the opinion of the court that should description. be done.

require

action to

Limitation.

SEC. 3. Whenever suit is brought under the provisions of Defendant in this act to quiet the title to real estate, no one whose actual quiet title. or possible title, claim or lien is sought to be removed or construed, and whose name appears of record in some public office in connection therewith, may be made defendant in accordance with the preceding sections, except under his proper name or the name appearing in such record, nor shall his unknown heirs, devisees, legatees and assigns be included as defendants therein, unless fifteen years have elapsed since the recording of such title, claim or lien. When any one against whom pro- Claimants. ceedings under this act might otherwise be brought is known to deceased be dead, and some of the persons who might claim under him persons. and their places of residence are known, such of them as are known shall be named as defendants and brought before the court in the manner provided by law, and all others who might claim under such deceased person may be included as unknown defendants under the provisions of this act.

under

associations.

SEC. 4. Any corporation or partnership association, the Corporations existence of which has terminated from any cause or which or partnership has no officer or agent in this State upon whom process may be served at the time when any suit is commenced under this act, may be made a defendant in such suit and notified under the name by which it was formerly known in law, and in and by the order of publication herein provided for, to appear and defend such suit, and all persons who were or are stockholders

Bill of complaint to

be sworn to.

Order for appearance.

Description of lands.

Subsequent proceedings.

Proviso,

appointment

or creditors of such corporation or partnership association may appear and defend such suit in conformity with the provisions of law as in other causes in chancery.

SEC. 5. Whenever defendants are named in any suit or proceeding under this act as the unknown heirs, devisees, leg. atees and assigns of any person, or are included in any class of unnamed persons, the bill of complaint or petition shall be sworn to by the moving party, his agent or solicitor, and shall state that the affiant does not know and has been unable after diligent search and inquiry to ascertain the names of the persons who are included as defendants therein without being named. Upon the filing of such pleading an order shall be entered by the circuit judge of the county in which such proceeding is pending or by a circuit court commissioner of such county, for the appearance of every defendant in such suit or proceeding who cannot, by reason of being unnamed or otherwise, be personally served with process on or before a future day specified in said order, but not less than four months from its date. If the suit is concerning lands, every publication of such order shall be followed by a description of such lands as described in the bill of complaint, and a statement that the suit involves the title to such lands or is brought to quiet the title thereto.

.

SEC. 6. All subsequent proceedings including publication of said order shall be taken in the same manner and with like effect as though all defendants were named therein by their proper names, and as to unnamed defendants and such as are not known to be living shall be in conformity with the statutes relating to defendants who reside in another state: Provided, That a guardian or guardians ad litem shall be of guardians, appointed in accordance with the rules and practice of the court in the case of incompetent persons, to represent all unknown or unascertained defendants, and all known defendants who are infants or incompetent: Provided further, That the court before which said cause is heard, on a proper showing by affidavit that one or more of the defendants did not have actual notice of said suit in time to appear and defend the same, may in its discretion, at any time not later than three years after the entry of the final decree, reopen said case and order a rehearing as to the rights of such defendant or defendants who shall serve a copy of such affidavit and order and notice of all subsequent proceedings in the case on the complainant or his solicitor, and on all defendants who appeared on the original hearing or their solicitors.

Proviso, case be reopened.

Appearance of a co-defendant.

SEC. 7. Any person interested in his own right, or as a stockholder or creditor of any defunct corporation or partnership association, or as an heir, devisee, legatee or assignee of some other person, or otherwise, in the subject matter of such suit or proceeding, and who desires to appear in such suit or proceeding, may, upon filing an affidavit in the office of the register in chancery of the county where such suit or

proceeding is pending showing his interest in such suit or proceeding, enter an order of course therein that the same shall, as far as he is concerned, proceed against him in his proper name as a codefendant with the other persons defendant therein as herein provided, and upon service of a copy of said affidavit and order and notice of the filing and entry thereof upon the complainant or his solicitor, together with notice of entry of the usual order of appearance, said cause shall from that time proceed as in all other causes in chancery, but the right and interest of such person so appear ing shall be open to question upon the hearing of such cause or proceeding and in any other manner now provided by law.

SEC. 8. On the hearing of any suit or proceeding under this Decrees. act, if the allegations of the bill or petition are proven to the satisfaction of the court, and if it shall appear that the claims or possible rights of the defendants in the subject matter of the suit are of no validity and ought to be barred, the court shall decree accordingly; or if there are valid liens existing, or possible, uncertain or doubtful conditions to be construed, it shall make a decree determining their nature, validity or extent which shall determine the rights of all parties complainant or defendant, and shall be effectual to exclude all parties to such suit contrary to such determination, and shall have the same effect as a release by the holder thereof of every actual or possible claim which such decree shall find to be without validity, and if the effect of such decree is to Recording of quiet the title to lands, or if it in any way concerns the title ing real estate to real estate, a certified copy thereof may be recorded in the office of the register of deeds of any county where said lands or any part of the same are situated. The court may award costs in its discretion.

Approved May 26, 1909.

decree affect

[No. 124.]

AN ACT to amend act number thirty-two of the public acts of nineteen hundred five, entitled "An act to amend the title and section one of act number ninety-one of the public acts of nineteen hundred three, entitled 'An act to authorize the several courts of the State having jurisdiction in criminal cases to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act.'"

The People of the State of Michigan enact:

amended.

SECTION 1. Section one of act number ninety-one of the pub- Section lic acts of nineteen hundred three, entitled "An act to authorize the several courts of the State having jurisdiction in crimi

Probation, when certain defendants may be

placed on.

Custody and supervision.

nal cases to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act," as amended by act number thirty-two of the public acts of nineteen hundred five, is hereby amended to read as follows:

SEC. 1. Provided the defendant has never before been convicted in this State or elsewhere of a felony other than simple larceny, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where discretion is conferred on the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases, where it may appear to the satisfaction of the court that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

First, Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer, or some other suitable person, and under such terms and conditions as it Recognizance, may require, and may require a recognizance with one or more sufficient sureties and in such penalty as the court may deem reasonable, conditioned for the appearance of the respondent at such times as the court may order;

May revoke probation.

Pronounce judgment.

Or discharge

Second, At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may in its discretion revoke and terminate such probation. Upon such revocation and termination the court may immediately pronounce judgment, imposing fine or imprisonment, or both, at any time thereafter within the longest period for which the defendant might have been sentenced. The

from custody. court whenever satisfied that the respondent has sufficiently reformed, that it is reasonably certain that he will not thereafter pursue a life of crime, may terminate said probation and discharge the respondent from custody. Approved May 26, 1909.

[No. 125.]

AN ACT to provide for the incorporation and regulation of co-operative and mutual protective associations of railway conductors and engineers.

The People of the State of Michigan enact:

associations,

SECTION 1. Any number of railway conductors and loco- Cooperative motive engineers, not less than seven, who shall be residents incorporation of this State, desiring to become a body corporate for the of. purpose of carrying on upon the assessment or co-operative plan the business of providing indemnity to members, not exceeding five hundred dollars, for loss of position arising from discharge or retirement, may, by complying with the provisions hereof, become, with those railway conductors and locomotive engineers that may hereafter be associated with them, or their successors, a body corporate and politic.

association.

SEC. 2. The persons proposing the formation of such cor- Articles of poration shall associate by signing articles of association in duplicate and acknowledging the same before some officer of this State authorized to take acknowledgment of deeds, who shall append thereto his certificate of such acknowledgment. SEC. 3. Such articles shall state:

Articles of incorporation,

First, The names of the persons associating in the first in- what to state. stance and their respective places of residence;

Second, The name by which such corporation shall be known in law, the place in this State where its principal office for the transaction of business is to be located, and the period for which it is to be incorporated, not to exceed thirty years: Provided, That the name of such corporation shall not be similar to that of any other corporation organized under the laws of this State and shall contain the words "mutual" or "co-operative" used in such a manner as to indicate that the company is carried on upon a mutual or assessment plan;

Third, The object of the incorporation, the number of classes or divisions of members therein and the object or purpose of such classification or division; all of which shall be definitely and correctly stated;

Fourth, In what manner and amount assessments, premiums, or payments are to be required from the members, the purposes and objects to which the moneys so realized are to be appropriated, and the names and objects of each fund into which any such money shall be paid, together with the amount or proportion of the assessments which is to be placed in the respective funds, and shall provide that not more than per centum of any assessment shall

be used for the purpose of paying expenses;

Fifth, The number of its trustees and regular officers and the time and place of holding the annual meeting of the members;