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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 hun-. dred 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:

Consent

SEC. 2. Such adoption and, in case a change of name is 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

Surrender of parental relations.

Proviso.

Superin

tendent of state public school, etc.

Incorpor

etc.

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;

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;

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.

cuit judge.

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 cirabsence 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.

judge.

SEC. 2. Whenever it shall come to the knowledge of the Duty of presiding circuit judge of the state that the judge or judges 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 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 sixty-six of the compiled laws of nineteen hundred fifteen.

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

when to

ing, rebuilding, extending and maintaining water works, or
filtration plants as provided in the two preceding sections,
and for the payment of any indebtedness incurred by the
village in purchasing, constructing, repairing, rebuilding, ex-
tending and maintaining water works or filtration plants.
The council shall have the power to fix the time and place Payment.
of the payment of the principal and interest of the debt
contracted under the provisions of this chapter and to issue
bonds of the village therefor. All bonds issued under the Bonds,
provisions of this act shall be made to mature serially in mature.
such installments that the first payment shall be due not
more than three years after the date of issue and that the
total amount of principal and interest payable in any year
thereafter shall not exceed the amount payable in the pre-
ceding year. The rate of interest on such bonds shall not Interest.
exceed six per cent per annum. Such bonds shall not be sold
for less than their par value: Provided, That the total amount Proviso.
expended for the purchasing, constructing, repairing, rebuild-
ing, extending and maintaining such water works or filtration
plants, or for the payment of any indebtedness incurred by
the village in purchasing, constructing, repairing, rebuilding,
extending and maintaining such water works or filtration
plants shall not exceed the amount of the estimate of expense
provided for in section four of this chapter.

This act is ordered to take immediate effect.
Approved April 30, 1925.

[No. 106.]

AN ACT to provide for the assent of the state of Michigan to the purposes of the grants of money authorized by the act of the congress of the United States, entitled "An act to authorize the more complete endowment of agricultural experiment stations, and for other purposes", approved February twenty-four, nineteen hundred twenty-five; and to provide for the acceptance and use of all funds appropriated pursuant to said act.

The People of the State of Michigan enact:

SECTION 1. The state of Michigan assents to the purposes Assent. of the grants of money authorized by the act of the congress of the United States, entitled "An act to authorize the more complete endowment of agricultural experiment stations, and for other purposes", approved February twenty-four, nineteen hundred twenty-five.

funds.

SEC. 2. The state board of agriculture is authorized and May receive empowered to receive all funds appropriated by the federal government pursuant to the provisions of said act of congress

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