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Owner, etc.,

liability of.

ments.

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 Risk of pay- 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

[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 examination. 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

sent in sealed

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 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 provided by the general accounting laws of this State. The Auditor General shall add to and incorporate in the State Tax clause. tax for the year nineteen hundred nine and every year thereafter the sum of five thousand dollars, which when collected shall be used to reimburse the general fund in the State treasury for the amount appropriated by this act.

This act is ordered to take immediate effect.
Approved May 26, 1909.

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

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 require more particularly if in the opinion of the court that should description. be done.

further

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 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

deceased

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,

of guardians.

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, legatees 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 appointment 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 partner. ship 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

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