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and to receive the grants made under the provisions of said act of congress for the benefit of the experiment station of the Michigan agricultural college, and to use them in accordance with the terms and conditions expressed in the aforesaid act of congress.

Approved April 30, 1925.

Act amended.

Section added.

Marriage

license, when delivered. Proviso.

[No. 107.]

AN ACT to amend act number one hundred twenty-eight of the public acts of eighteen hundred eighty-seven, entitled "An act for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," by adding a new section thereto to stand as section 3-a.

The People of the State of Michigan enact:

SECTION 1. Act number one hundred twenty-eight of the public acts of eighteen hundred eighty-seven, entitled "An act for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," is hereby amended by adding thereto a new section to stand as section three-a and to read as follows:

SEC. 3-a. No license to marry shall be delivered within a period of five days immediately following the date of application therefor: Provided, however, That the judge of probate of each county, for good and sufficient cause shown, may, by an order in writing signed by him, authorize the county clerk to deliver such license immediately following the application therefor.

Approved April 30, 1925.

Trunk lines,

how marked.

[No. 108.]

AN ACT to provide for the marking of public highways; and to regulate the erecting and maintaining of signs, guide posts, markers and advertising devices on or along public highways.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the state highway commissioner to cause all trunk line highway routes to be distinctly marked by signs and guide posts of a uniform design,

as he may deem necessary for the public convenience and necessity.

SEC. 2. It shall be the duty of boards of county road com- County missioners to cause all county roads within their respective roads. counties to be distinctly marked by signs and guide posts of

a uniform design, as they may deem necessary for the public convenience and necessity.

road inter

SEC. 3. Township highway commissioners shall cause signs Township and guide posts to be erected and kept in repair at the inter- sections. sections of all such township roads within their respective townships as they may deem necessary for the public con

venience and necessity.

signs, how

SEC. 4. Signs and guide posts erected by boards of county County, etc., road commissioners and township highway commissioners designed. shall follow the general design and plans of the signs and guide posts erected by the state highway commissioner.

required.

SEC. 5. No person, firm or corporation shall erect or cause Approval to be erected on or along any highway any sign, guide post, marker or advertising device without the approval of the commissioner or commissioners having jurisdiction over such highway; and no sign, marker or advertising device shall be Advertisepainted upon, attached to, or made to form a part of any fence, building, rock or other surface that marks, or is on the line of, the highway right of way, except to advertise a business conducted upon the property abutting on the highway at the place where the advertisement is situated.

ments.

SEC. 6. In no case shall any sign, marker, or advertising Location device, except signs and guide posts erected by or with the of. approval of the proper highway commissioner or commissioners be erected, painted or maintained within five hundred feet from any highway intersection or railroad or railway crossing, or so as to obstruct the view of any such intersection or crossing or of a turn or sharp change of alignment in the highway, or in any manner dangerous to the public.

tion.

SEC. 7. Any person who shall erect or cause to be erected Penalty any sign, guide post, marker or advertising device, in viola- for violation of the provisions hereof, or who shall remove, deface, injure or destroy any sign or guide post lawfully placed or maintained along a highway, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment, in the discretion of the court.

Any

SEC. 8. The proper commissioner or commissioners shall Removal of, cause to be removed all signs, guide posts, markers and ad- when unvertising devices that have not been duly authorized. person, firm or corporation who erects or maintains, or causes to be erected or maintained, any sign, guide post, marker or advertising device in violation of the provisions hereof, or who injures, defaces or removes any sign or guide post erected or maintained by the proper highway commissioner or com

Assumpsit.

Signs, etc., how paid for.

To cooperate with federal government,

etc.

missioners, or with his or their consent, shall be liable for the expense occasioned by such unlawful act.

SEC. 9. An action of assumpsit to recover such expense may be brought by the commissioner or commissioners having the matter in charge, and any moneys recovered shall be paid into the treasury, and shall then be credited to the highway fund of the state, county or township as the case may be. SEC. 10. The cost of placing and maintaining signs and guide posts hereunder shall be deemed to be a part of the construction, improvement and maintenance of the road, and shall be paid for accordingly.

SEC. 11. The state highway commissioner is hereby authorized to co-operate with the bureau of public roads of the federal government with respect to the designating and marking of national and federal aided roads, and to change any system or plan adopted in this state so as to conform to the federal system.

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

Sections amended.

Section added.

Intoxicated,

cles.

[No. 109.]

AN ACT to amend sections one and two of act number one hundred sixty-four of the public acts of nineteen hundred seventeen, entitled "An act to prohibit the driving or operation of motor vehicles by persons under the influence of intoxicating liquor, or of any exhilarating or stupefying drug, and to provide penalties therefor", and to add a new section thereto to stand as section three.

The People of the State of Michigan enact:

SECTION 1. Sections one and two of act number one hundred sixty-four of the public acts of nineteen hundred seventeen, entitled "An act to prohibit the driving or operation of motor vehicles by persons under the influence of intoxicating liquor, or of any exhilarating or stupefying drug, and to provide penalties therefor", are hereby amended and a new section is hereby added, said amended sections and added section to read as follows:

SEC. 1. Hereafter it shall be unlawful for any person under etc., persons the influence of intoxicating liquor, or of any exhilarating or motor vehi- stupefying drug, to drive, operate or have charge of the power of any automobile, motor cycle, or other motor vehicle upon any public highway, street, avenue, driveway, alley (or other public place), within this state. It shall also be unlawful for the owner of any motor vehicle, or any person having such vehicle in charge or in control thereof, to authorize or knowingly permit the same to be driven or operated upon any

public highway, street, avenue, driveway, alley (or other public place), within this state, by any person who is under the influence of any intoxicating liquor, or of any exhilarating or stupefying drug.

SEC. 2. Any person violating the provisions of this act Penalty. shall, for the first offense, be guilty of a misdemeanor and upon conviction thereof shall be liable to a fine of not less than fifty dollars nor more than one hundred dollars or to impris cnment in the county jail or Detroit house of correction for a term of nct more than ninety days or by both such fine and imprisonment in the discretion of the court; and his driver's license shall be revoked for a period of not less than three months, or more in the discretion of the court. The operator's Operator's, or special or chauffeur's license of any person found guilty revoked. of violating the provisions of this act shall be thereupon surrendered to the court in which such conviction shall be had; and the judge before whom such conviction was had shall immediately notify the secretary of state thereof and the said court shall cause the license so surrendered to be forwarded with this certificate of conviction to the secretary of state. If the license is not forwarded an explanation of the reason why it is absent shall be attached.

etc., license

second

SEC. 3. Any person violating the provisions of this act Penalty for shall, for a second or subsequent offense, be guilty of a mis offense. demeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail, the Detroit house of correction, or other penal institution in this state as the court may direct, not to exceed one year, or by both such fine and imprisonment in the discretion of the court. The driver's license of persons convicted of a second or subsequent offense under the provisions of this act shall be revoked and surrendered in the same manner as provided by section two of this act, for a period of time not less than one year, as the court may designate. This act is ordered to take immediate effect. Approved April 30, 1925.

Bill of com

of.

[No. 110.]

AN ACT to authorize the legal representatives or trustees of the estate of deceased persons, minors, and mentally incompetent persons being administered in probate courts to commence and prosecute proceedings in a court of chancery to adjudicate the rights of adverse claimants and the legal representatives and trustees acting under conflicting proceedings to property in possession of those commencing the proceedings.

The People of the State of Michigan enact:

SECTION 1. Whenever the legal representative or trustee plaint, filing heretofore or hereafter appointed by a probate court of the estate of a deceased person, or of a minor, or of a mentally incompetent person, has real or personal property or the proceeds of such property exceeding one hundred dollars in value in his possession; and he has good reason to doubt his right to hold or dispose of the same by reason of adverse claims of title or lien of other persons or corporations, or by reason of conflicting proceedings in the same or other probate courts to administer the same estate, and no proceedings have been taken by adverse claimants or otherwise to test his right, he may file in the circuit court in chancery of the county where the probate court appointing him is located his bill of complaint verified by him or someone having knowledge of the facts in the nature of a bill of peace to have adjudicated the validity of his own right and the rights of the adverse claimants and the legal representatives appointed in the conflicting proceedings.

Who parties to proceedings.

Proviso, unknown successors.

Rehearing.

SEC. 2. All known adverse claimants and the legal representatives and trustees appointed in the conflicting proceedings, as well as all apparent beneficiaries of the estates being administered, shall be made parties to the proceedings described in the next preceding section: Provided, In case there be any apparent claimant or apparent beneficiary, who is a person who has been absent for any reason for the continuous period of seven years from his last place of abode known to those persons most likely to know the same, and whose whereabouts have for the same period been unknown to the same persons, and who has not been heard from for the same period by the same persons; not only shall those known persons who have apparently succeeded to the rights of the absent person (presumptively dead), but also such apparent claimant or apparent beneficiary himself and his successors in right unknown to the same persons, shall be made parties defendant under the proper name of the absent person followed by the words "and his unknown successors in right". SEC. 3. In the event that an absent person and his unknown successors in right are made parties defendant, as provided in the next preceding section, the bill of complaint shall

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