Summons to issue upon if any they have, against the same. Upon filing the petition, filing petition. summons shall issue in accordance with the prayer thereof, Service on guardians in Personal service on nonresidents. against the persons named therein, returnable on a day to be named, which shall not be less than five days from the issuing and test thereof, and shall be served at least three days before the return day, by the sheriff or other officer authorized to serve process of summons, according to the rules and practice of the circuit court in other cases at law. If there are minors certain cases. or persons of unsound mind interested in the premises, service may be made upon the guardian of any such person, or the court may appoint a guardian ad litem for any such person, who may appear and defend for the person he represents. If there are non-resident or absent persons upon whom service cannot be obtained within the county, the court may order service upon any such person wherever he may be found, and in such manner as may be directed. The person serving any such process on such non-resident or absent person shall make proof of service by affidavit, stating the place, time, and manner of service. Or the court may order and cause notice to be given to such absent or non-resident person, by publication in such newspaper printed and published in the county as the court shall designate, and for such length of time as the court may think proper, not less than three weeks, once in each week; and any such service out of the county, or notice by publication, shall be as effectual for all the purposes of such proceeding and in the condemnation of the land as though the persons had been personally served within the [county] country. Service by publication. Approved May 13, 1897. Section amended. [ No. 129. ] AN ACT to amend section nine of chapter one hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one, the same being compiler's section five thousand eight hundred and seventy-seven of Howell's annotated statutes of Michigan, relative to examinations of persons suspected of having concealed, embezzled, conveyed away or disposed of money, goods or chattels of deceased persons and persons suspected of having in their possession or knowledge any deeds, conveyances, bonds, contracts or other writings which contain evidence of or tend to disclose the right, title, interest or claims of deceased persons to any real or personal estate, or any claim or demand, or any last will and testament of deceased persons. SECTION 1. The People of the State of Michigan enact, That section nine of chapter one hundred and fifty-seven of the compiled laws of eighteen hundred and seventy-one, the same being compiler's section five thousand eight hundred and seventy-seven of Howell's annotated statutes of Michigan, be and the same is hereby amended to read as follows: refuse to ap 5877. SEC. 9. If the person so cited shall refuse to appear When persons and submit to such examination, or to answer such interroga- pear for examination, court tories as may be put to him touching the matter of such com- may commit plaint, the court may, by warrant for that purpose, commit to jail. him to the common jail of the county, there to remain in close custody until he shall submit to the order of the court. The probate judge shall cause the examination to be taken down by a stenographer, or in such mode as shall in his discretion seem to him best, and said judge shall direct all such interrogatories and answers to be reduced to writing, signed by the party and filed in the probate court. Approved May 13, 1897. [ No. 130. ] AN ACT to provide for the appointment of guardians of the persons of habitual drunkards, and of persons so addicted to the excessive use of intoxicating liquors or narcotic or noxious drugs as to need medical or sanitary treatment or care, and for restraining them in a suitable asylum or hospital, and to repeal act two hundred and forty-one, public acts of eighteen hundred and seventy-nine, entitled "An act concerning the appointment of guardians of habitual drunkards, or of persons so addicted to the excessive use of intoxicating liquors as to need medical or sanitary treatment or care.” SECTION 1. The People of the State of Michigan enact, That Appointment of guardian any person being a resident of this State, who shall be an of habitual habitual drunkard, or so addicted to the excessive use of drunkards. intoxicating liquors, or narcotic or noxious drugs, as to need medical or sanitary treatment and care, may have a guardian of his or her person appointed by the judge of probate of the county where such person shall then reside. wife, etc. SEC. 2. Such guardian shall only be appointed upon the Guardian to be appointed petition of the husband or of the wife or of some relative by upon petition blood of the person for whom a guardian is asked, or by of husband or the supervisor of the township or alderman of the ward or one of the superintendents of poor of said county, in which said person resides. Upon the filing of such petition, the Upon filing petition, judge judge of probate shall fix a time for the hearing thereof, of probate to and shall cause notice thereof to be given to the respondent, hearing. and next of kin and such other persons as the judge of pro fix time of To take testimony of witnesses and examine respondents. May determine as to medical or sanitary care. Shall appoint & guardian. Guardian upon order of judge of probate may restrain ward. To report once a year to bate condition of ward. bate shall direct at least ten days before the time of such hearing. SEC. 3. Upon such hearing the judge of probate shall have authority to take the testimony of witnesses concerning the matter of such petition, and may also examine the respondent, and shall determine whether such guardian should be appointed; and if he shall determine that the respondent is either an habitual drunkard, or is so addicted to the excessive use of intoxicating liquors or narcotic or noxious drugs, as to require medical or sanitary treatment or care, he shall appoint some suitable person guardian of the person of the respondent, who shall continue such guardian till the further order of the judge of probate of the county in which such appointment is made. SEC. 4. Every guardian so appointed shall have the care and custody of the person of his ward, and upon the order of the judge of probate may cause him or her to be taken to and restrained in any suitable asylum or hospital for medical or sanitary treatment or care. SEC. 5. Every such guardian shall at least once in each judge of pro- year, and as often as required by the judge of probate, render a report to the judge of probate, verified by his oath, showing the condition of his ward, what medical or sanitary treatment or care he or she has been subjected to, and what reason, if any, there is for the continuance of such guardianship. Repealing clause. SEC. 6. Act two hundred forty-one public acts of eighteen hundred and seventy-nine, entitled "An act concerning the appointment of guardians of habitual drunkards, or of persons so addicted to the excessive use of intoxicating liquors as to need medical or sanitary treatment or care," being compiler's sections six thousand three hundred forty-four, six thousand three hundred forty-five, six thousand three hundred forty-six, six thousand three hundred forty-seven, and six thousand three hundred forty-eight of Howell's annotated statutes, be and the same are hereby repealed. Approved May 13, 1897. Appropria [No. 131. ] AN ACT making an appropriation for the current expenses of the Michigan Soldiers' Home, and for the Home for Soldiers, Sailors and Marines, who served in the late civil war, their wives and mothers, for the years one thousand eight hundred ninety-seven, and one thousand eight hundred ninety-eight. SECTION 1. The People of the State of Michigan enact, That tion, amount there be and hereby is appropriated from the general fund the sum of one hundred and seventy-six thousand dollars for the of. current expenses of the Michigan Soldiers' Home, and of the Home for the Soldiers, Sailors and Marines, who served in the late civil war, their wives and mothers, and other expenses necessary to the maintenance and improvement thereof for the years one thousand eight hundred ninety-seven, and one thousand eight hundred and ninety-eight: Provided, That of the When money amount hereby appropriated, it shall not be lawful for the to be drawn. board of managers to draw a sum exceeding eighty-eight thousand dollars in the year one thousand eight hundred ninetyseven, and the sum of eighty-eight thousand dollars, in the year one thousand eight hundred ninety-eight. Which sum shall be paid to the treasurer of the Michigan Soldiers' Home in quarterly installments, on the first of March, June, September and December of each year. SEC. 2. The sums hereafter received from the general gov- Sums from general government for all allowances for periods after January first, one ernment to be thousand eight hundred ninety-seven, and one thousand eight covered into hundred ninety-eight, shall be covered into the State treasury ury. and credited to the general fund. State treas fund to be re SEC. 3. The Auditor General shall add to and incorporate How general in the State taxes for the year one thousand eight hundred imbursed. ninety-seven, the sum of eighty-eight thousand dollars, and for the year one thousand eight hundred ninety-eight, the sum of eighty-eight thousand dollars, to be assessed, levied and collected as other State taxes are assessed, levied, and collected, which sums when collected, shall be passed to the credit of the general fund to re-imburse such fund for the amounts appropriated under the provisions of this, act. This act is ordered to take immediate effect. [No. 132. ] AN ACT to regulate the mode of plugging abandoned salt wells, and providing a penalty for the violation thereof. abandoned SECTION 1. The People of the State of Michigan enact, That Plugging whenever any well shall have been put down for the purpose of salt wells. exploring for and producing salt or salt brine, upon abandoning or ceasing to operate the same, the owner or operator shall for the purpose of excluding all fresh water from the salt bearing rock and before drawing and casing, fill up the well with sand or rock sediment to the depth of at least twenty feet above the second sand or salt bearing rock, and drive a round seasoned wooden plug at least two feet in length, equal in diameter to Length and size of plugs. the diameter of the wall below the casing, to a point at least five feet below the bottom of the casing, and immediately after In case fresh cannot be re water casing moved, how plugged. the drawing of the casing, shall drive a round seasoned wooden plug into the well at the point just below where the lower end of the casing shall have rested, which plug shall be at least three feet in length, tapering in form and to be of the same diameter at the distance of eighteen inches from the smaller end as the diameter of the wall below the point at which it is to be driven; after it has been properly driven shall fill in on top of same with sand or rock sediment to the depth of at least five feet. In case the fresh water casing cannot be entirely removed from the offset at reasonable cost, or where wells have not been abandoned but the owner or operator has ceased to operate the same for nine months, then said well shall be plugged before disturbing casing at a point twenty feet above said second sand stone or salt bearing rock with a round wooden seasoned plug not less than twenty inches long and full size of the well at that point; said plug to have a hole through the center from one and one-half to two inches in diameter, and said plug to be quarter sawed about one-half of its depth from outside to hole in center and full length of plug. When above described plug is in proper place a round seasoned wooden pin of proper size and taper shall be driven into hole in center of above described plug, thereby splitting and spreading said plug against wall of well. Then five feet of clay shall State Salt In be put on top of said pin and plug and thoroughly packed. All such work to be done under the supervision of and approved by the State Salt Inspector or his appointed agents. Pin to be driven into plug. spector to have supervision of work. Violation of act, penalty. When owner or operator refuses to plug well, who may plug. Expense. Proviso as to certain abandoned wells. SEC. 2. Any person, corporation, company or firm who shall violate the provisions of this act shall be liable to a penalty of two hundred dollars, one-half to be for the use of the informer, and one-half to the use of the county in which such well may be situated, to be recovered as debts of like amount are by law recoverable. SEC. 3. Whenever any owner or operator shall neglect or refuse to comply with the provisions of section one of this act, the owner or operator of any salt well within said county within which such abandoned well may be, may enter, take possession of said abandoned well and plug the same as provided by this act at the expense of the owner of the land on which abandoned well is located: Provided, however, That nothing in this act shall be so construed as to apply to any such abandoned or idle salt producng wells as are sunk to the rock salt strata, i. e., those salt producing wells into which fresh water is forced from the surface for the purpose of dissolving the rock salt and thus creating brine for the manufacture of salt, as described in volume five of the geological survey of Michigan of one thousand eight hundred eighty-one to one Further pro- thousand eight hundred ninety-three: Provided further, That the provisions of this act shall be applicable only to the salt wells of Saginaw and Bay counties. Approved May 13, 1897. viso as to counties affected. |