Penalty. director of conservation, or any state or county officers appointed by him, or any person who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars, together with costs of suit, or may be committed to the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment in the discretion of the court; and in default of the payment of any fine or costs such person may be committed to the county jail until such fine and costs are paid, or for a period not exceeding ninety days. SEC. 5. All acts or parts of acts contrary to the provisions of this act are hereby repealed. Approved April 30, 1925. Section amended. Who not made defendant. [No. 102.] AN ACT to amend section twenty-two of chapter twelve of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being section twelve thousand three hundred seventy-three of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section twenty-two of chapter twelve of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen", being section twelve thousand three hundred seventythree of the compiled laws of nineteen hundred fifteen, is hereby amended so as to read as follows: SEC. 22. Whenever suit is brought under the provisions of sections twenty to twenty-seven inclusive of this chapter to quiet the title to real estate, no one whose actual 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, except in cases where the person whose actual or possible title, claim or lien sought to be removed and whose name appears of record in some public office in connection therewith, is a person who has been absent from his last place of abode known to those persons most likely to know the same for the continuous period of seven years; with his or her whereabouts unknown to such persons; and who defendants. has not been heard from by such persons for said period, in which latter case not only shall the known heirs, devisees, legatees and assigns of the absent person be made parties defendant under their proper names, but also the unknown heirs, devisees, legatees and assigns under such designation. When anyone against whom proceedings under sections Unknown twenty to twenty-seven inclusive of this chapter might otherwise be brought is known to be dead, and some of the persons who might claim under him 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. Approved April 30, 1925. [No. 103.] AN ACT to amend section two of chapter sixty-four of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "The judicature act of nineteen hundred fifteen", being section fourteen thousand one hundred thirty-nine of the compiled laws of nineteen hundred fifteen, as amended by act number seventy of the public acts of nineteen hundred twenty-three. The People of the State of Michigan enact: SECTION 1. Section two of chapter sixty-four of act num- Section ber three hundred fourteen of the public acts of nineteen amended. hundred fifteen, entitled "The judicature act of nineteen hundred fifteen", being section fourteen thousand one hundred thirty-nine of the compiled laws of nineteen hundred fifteen, as amended by act number seventy of the public acts of nineteen hundred twenty-three, is amended to read as follows: SEC. 2. Such adoption and, in case a change of name is Consent desired, such change of name shall be with the consent of the required. persons hereinafter described, viz: 1. In case the parents of such child, or either of them, are Parents. living, then with the consent of such parents, or the survivor of them; 2. In case said child be illegitimate, then with the consent Mother, etc. of its mother, and if such mother be a minor, then with the additional consent of a guardian ad litem to be appointed for her by the judge of probate in the county where such proceedings are pending; 3. In case such child is an orphan or is above the age of Guardian. seventeen years and has been abandoned by, or has become emancipated from, both of its parents, then with the consent parental relations. of the guardian of such child, and if such child is above the age of seventeen years and has been abandoned by, or emancipated from, one of its parents, then with the consent of the parent not abandoning it or from whom said child has not become emancipated, and the legal guardian of such child; Surrender of 4. In case the parents or surviving parent of such child, or the mother, if such child be illegitimate, has or have surrendered and released in a writing duly executed and acknowledged before the judge of probate or a register or deputy register of the probate court of the county in which said parents reside or may be, all his, her or their parental rights in and to such child and the custody and control thereof, to an incorporated society, asylum, hospital or home, of which such child may be an inmate, for the purpose of enabling such incorporated society, asylum, hospital or home, to have such child adopted by some suitable person, and its name changed when a change is desired, and the child made an heir-at-law under the provisions of this chapter, then with the consent of the principal officer of such incorporated society, asylum, hospital or home, and the aforementioned release executed by the parent or parents, as aforesaid, to said society, asylum, hospital or home, shall be filed with the instrument of adoption in the probate court. The effect of the surrender and release as herein provided shall be fully explained by the judge of probate or probate register or deputy register to the parent or parents executing same: Provided, That a surrender or release executed in any other state or country in accordance with the laws thereof, or a surrender or release executed in this state prior to the first day of September, nineteen hundred twenty-three, which shall have been executed in accordance with the statutes then in force, shall be valid for use under the provisions of this act; Proviso. Superin tendent of state public school, etc. Incorpor etc. 5. In case said child is legally an inmate of the state public school, then with the consent of the superintendent of such school, and the county agent of the state welfare commission, for the county wherein the person adopting such child resides; 6. In case said child shall have been committed by an ated society, order of a court of competent jurisdiction to the care of some reputable citizen of good moral character, then with the consent of such citizen. And in case such child shall have been committed by an order of a court of competent jurisdiction to the care of any incorporated society, asylum, hospital or home, embracing in its objects the purpose of caring for, or obtaining homes for dependent or neglected children, which has been duly licensed and approved by the state welfare commission, then with the consent of the principal officer of such incorporated society, asylum, hospital or home; Consent of child. 7. In any case heretofore described, if such child be over the age of ten years, then with the additional consent of such child; guardian. 8. In case any person herein designated as a parent with General whose consent such adoption or change of name is desired, shall be insane or mentally incompetent, then such adoption or change of name shall be with the consent of the general guardian of such insane or mentally incompetent parent, and such consent of the general guardian shall have the same force and effect as if made by the insane or mentally incompetent person while in sound mind. Approved April 30, 1925. [No. 104.] AN ACT to define and extend the powers of circuit judges. The People of the State of Michigan enact: SECTION 1. In case of the absence or disability of the cir- Absence, cuit judge of any judicial circuit in this state or in the etc., of circuit judge. absence or disability of all of the circuit judges from any such circuit, the circuit judge of any adjoining circuit is authorized to grant any order which may be made by a circuit judge at chambers with reference to any suit or action pending or about to be brought in the circuit from which the judge or judges thereof may be absent or unable to act. A recital of such absence or disability in any order so granted shall be conclusive evidence thereof. SEC. 2. Whenever it shall come to the knowledge of the Duty of presiding circuit judge of the state that the judge or judges Judge. presiding of any circuit are absent therefrom or unable to act therein, the presiding circuit judge shall designate one or more of the circuit judges to act in said circuit during the absence or disability of such circuit judge or judges. Such designation shall be made by a certificate to be signed by said presiding circuit judge and said certificate shall be filed in the office of the county clerk of the county or counties constituting such judicial circuit. SEC. 3. In event of any term of the circuit court of any when term county in this state not being held at the time stated, any not held. action required to be taken thereat may be taken at the next session of said court thereafter held in said county. Approved April 30, 1925. Sections amended. Marshal, etc., appointment. Term of president, etc. Limit may borrow for water works, etc. [No. 105.] AN ACT to amend sections two and four of chapter two and The People of the State of Michigan enact: SECTION 1. Sections two and four of chapter two and section three of chapter eleven of act number three of the public acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of villages within the state of Michigan and defining their powers and duties", being sections two thousand five hundred seventy, two thousand five hundred seventy-two and two thousand seven hundred sixtysix of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows: CHAPTER II. SEC. 2. The president shall, by and with the consent of the council, appoint a village marshal and a street commissioner and such other officers as shall be provided for by resolution or ordinance of the council and the council may from time to time provide by ordinance or resolution, for the appointment of such other officers whose election or appointment is not herein specifically provided for, as they shall deem necessary for the execution of the powers granted by this act and the powers and duties of such officers shall be prescribed by the council. In villages containing five hundred inhabitants or less, the village president shall not be required to appoint a village marshal. The village marshal may also be appointed a street commissioner. SEC. 4. The president, clerk, treasurer and assessor shall hold their respective offices for the term of one year from the second Monday of March of the year when elected and until their successors are elected and qualified and enter upon the duties of their offices. CHAPTER XI. SEC. 3. It shall be lawful for any village, subject to the provisions of this act, to borrow any sum of money, that will not make the total indebtedness of such village greater than ten per cent of the assessed value of the property in said village, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing, repair H |
