his duties; and to repeal act number ninety-one of the public acts of nineteen hundred three, as amended," being sections two thousand thirty, two thousand thirty-one and two thousand thirty-two of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows: SEC. 2. If respondent is convicted of an offense not a felony Probationary the period of probation shall not exceed two years, and if he periods. is convicted of a felony it shall not exceed five years. The court shall, by order, to be filed or entered in the cause as the court may direct by general rule or in each case, fix and determine the period and conditions of probation and such order, whether it is filed or entered, shall be considered as part of the record in the cause and shall be at all times alterable and amendable, both in form and in substance, in the court's discretion. SEC. 3. The conditions of probation shall include the follow- Conditions. ing: 1. That the probationer shall not, during the term of his probation, violate any criminal law of the state of Michigan, or any ordinance of any municipality of said state; 2. That he shall not during the term of his probation leave the state without the consent of the court granting his application for probation; 3. That he shall make a report to the probation officer, either in person or in writing, monthly, or as often as the latter may require. The court may impose such other lawful conditions of probation as the circumstances of the case may require or warrant, or as in its judgment may be meet and proper; and in case it requires the probationer to pay any costs it shall not be confined to or governed by the laws or rules governing the taxation of costs in ordinary criminal procedure, but may summarily tax and determine such costs without regard to the items ordinarily included in taxing costs in criminal cases and may include therein all such expenses, direct and indirect, as the public has been or may be put to in connection with the apprehension, examination, trial, and probationary oversight of the probationer. SEC. 4. All probation orders shall be revocable and termi- Revocation, nable after summary hearing for any violation by the proba- etc. tioner of any of the conditions of his probation; and the court may in its probation orders or by general rule, or both, provide for the apprehension, detention, and confinement of any probationer accused of violating the terms of his probation, for the presentation of charges of such violation and the hearing therein, including amendments of charges, continuances and adjournments of hearings, and all matters in connection therewith; but in case the court shall fail to so provide, or in any case by consent of the court, proceedings for such termination and revocation may be instituted by petition and order to show cause, and the court on presentation of such petition and in the hearing on such order may make all such orders respecting the apprehension, detention, confinement and disposition of the probationer and all other matters in relation thereto as in its judgment the welfare protection of the public and probationer may require. In case such probation order is terminated and revoked, the court may proceed to sentence such probationer in the same manner and to the same penalty as it might have done if such probation order had never been made. Approved May 6, 1925. Unlawful receipt of money, etc. [No. 204.] AN ACT to regulate the buying, selling, dealing in, trading and pledging of stocks, bonds and other evidence of debt by brokers. The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person engaged in the business of purchasing and selling as broker, stocks, bonds or other evidence of debt of corporations, companies or associations and who is insolvent, to accept or receive from a customer, ignorant of such broker's insolvency, money, stocks, bonds or other evidence of debt belonging to the customer otherwise than in liquidation of or as security for an existing indebtedness and to thereby cause the customer to lose in whole or in part such money, stocks, bonds or other evidence Who deemed of debt. A person shall be deemed insolvent within the meaning of this act whenever the aggregate of his property shall not at a fair value be sufficient in amount to pay his debts. insolvent. Stocks, etc., SEC. 2. It shall be unlawful for any person engaged in the business of purchasing and selling as a broker, stocks, bonds or other evidence of debt of corporations, companies or associations; and (a) Having in his possession for safekeeping or otherwise. stocks, bonds or other evidence of debt of a corporation, company or association, belonging to a customer without having any lien thereon or any special property therein, to pledge or dispose thereof without such customer's consent; or (b) Having in his possession stocks, bonds or other evidence of debt of a corporation, company or association belonging to a customer on which he has a lien for indebtedness due him by the customer, to pledge the same for more than the amount due to him thereon, or otherwise dispose thereof for his own benefit without the customer's consent and without having in his possession or subject to his control, stocks, bonds or other evidence of debt of the kind and amount to which the customer is then entitled, for delivery to him upon his demand therefor and tender of the amount due thereon, and to thereby cause the customer to lose in whole or in part such stocks, bonds or other evidence of debt, or the value thereof. He may also pledge the stocks, bonds or other evidence of debt as herein provided of two or more customers to secure a single loan provided the total amount secured on such a loan shall not exceed the total amount of the lien for indebtedness of all the customers whose stocks, bonds or other evidence of debt is so pledged. Every member of a firm of brokers who either does or consents or assents to the doing of any act which by the provisions of sections one and two of this act is declared unlawful, shall be deemed guilty of a violation of the provisions of said sections. for violation. SEC. 3. Any person violating any of the provisions of this Penalty act shall be deemed guilty of a felony and shall be punished by a fine of not more than five thousand dollars or imprisonment for not more than five years, or by both such fine and imprisonment in the discretion of the court. The action provided in this act shall be deemed to be cumulative and shall not be a bar to any other remedy or action which a customer has either by statute or at common law. Approved May 6, 1925. [No. 205.] AN ACT to provide for the disposition of the property in the state of Michigan of persons who have been absent from their last known place of abode for the continuous period of seven years with their whereabouts also unknown to those persons most likely to know thereof, and who have not been heard from by such persons during said period; and to repeal all acts and parts of acts contravening the provisions of this act. The People of the State of Michigan enact: sons. SECTION 1. The property, both real and personal, in the property of state of Michigan, of any person who has left for any reason absent perwhatsoever his or her last place of abode, as known by those persons most likely to know the same, shall be subject to the provisions of this act: Provided, The absence has the follow- Proviso. ing characteristics: (a) The absence shall be for the continuous period of seven years. (b) The whereabouts of the person shall have been for the same period unknown by those persons most likely to know the same. (c) The person shall for the like period have not been heard from by means of any message, oral or written, or by Administra seven years. means of any token, received by those persons most likely to hear from the person. (d) Those persons most likely to know the last place of abode and the whereabouts of the absent person, and most likely to hear from the absent person, shall be the spouse left in the last place of abode and the parents of the absent person; and if there be neither such spouse nor parent, such persons as the court shall determine upon proofs in each partic ular case. SEC. 2. Whenever any person leaving property in the state tion of, after of Michigan shall have been absent from his or her last known place of abode for the continuous period of seven years with his or her whereabouts also for such period unknown to those persons most likely to know thereof, and such person has for the like period not been heard from by those persons most likely to hear from such person, the property of such person in the state of Michigan may be administered as though such person were dead, subject to the conditions, restrictions and limitations hereinafter described. Courts having jurisdiction. Title of proceedings. Petition, what to contain. Notice of. SEC. 3. The probate court of any county in the state where any real property of the absent person is located, and the probate court of any county where any personal property is located, in case there be no real property in the state, shall have jurisdiction in the premises. SEC. 4. The title of all proceedings commenced and prosecuted under the preceding sections of this act shall be "In the Matter of the Estate of disappeared." SEC. 5. The petition for administration or probate of the last will, as the case may be, of the absent person shall be verified to the best of the knowledge and belief of the petitioner; and the petition, in addition to allegations regarding the existence of property to be administered and the names and addresses (so far as known) of the persons who are the heirs-at-law, next of kin, devisees and legatees of the absent person (if deceased), shall contain allegations as to the last known place of abode of the absent person; when he or she disappeared therefrom; that fact that he or she has been continuously absent therefrom and has not been heard from by the persons most likely to hear (naming them and their relationship to the absent person) and the fact that his or her whereabouts are unknown to such persons. SEC. 6. Notice of hearing of the petition for administration. or probate of the last will of the absent person shall be published in the form of similar notices of hearing in the adminis tration of the estates of deceased persons, once each calendar month for four months prior to the month set for the hearing of the petition; and, in addition, within thirty days after the filing of the petition, copies of the notice shall be sent by registered mail to each person named in the petition as heirsat-law, next of kin, devisee and legatee; and due proof of such publication and such mailing shall be filed prior to the hearing. of fact. SEC. 7. Upon the hearing of the petition, the truth of the What issues allegations thereof regarding the last known place of abode of the absent person, his or her disappearance therefrom, knowledge of his or her whereabouts, and the fact of his or her having been heard from, shall be issues of fact to be determined by the court; and the testimony upon these questions shall be transcribed and filed in the case. ments, etc.. SEC. 8. Upon the hearing of the petition, in case the testi- Signed statemony of any person most likely to know the last place of evidence. abode of the absent person, or to know his or her whereabouts, or to know whether he or she has been heard from, cannot be procured because of death, mental or physical incompetency, or removal to some jurisdiction where a deposition can not be compelled by process of law, the signed statement in writing of the needed witness made to anyone, or the oral declaration of the needed witnesses made to some person in no manner interested in said proceeding as creditor or beneficiary, may be received in evidence and given such weight as the court or jury shall decree proper. sell, etc., SEC. 9. Except for the purposes of paying taxes, special When may assessments, liens, insurance premiums, allowed claims for property. debts contracted by the absent person before his or her disappearance, or to prevent great depreciation on account of neglect, or to specifically fulfill contracts made by the absent person before his or her disappearance, no sale, mortgage, or other disposition of the property of the absent person shall be had until the lapse of one year after the appointment and qualification of the representative of his or her estate. etc., when SEC. 10. No distribution nor assignment to beneficiaries Distribution, of the property or the proceeds thereof of the absent person made. shall be made in any event until after the lapse of one year after the appointment and qualification of the representative of his or her estate; nor shall such distribution or assignment be made until after the lapse of three years after the appointment and qualification of the representative of his or her estate, unless the distributee or assignee execute and deliver to the representative a surety company bond in a penal sum not less than the value of the property distributed or assigned and for such additional amount as the court may prescribe, to be approved by the probate judge conditioned to return the property or the value thereof to the representative in case the absent person be adjudicated in the manner hereinafter set forth to have been still living since the commencement of said period of seven years, and also conditioned to save the representative harmless from the damages and expenses of all suits or proceedings brought by the absent person or anyone succeeding to his or her rights by reason of such distribution or assignment having been made during said period of three years. SEC. 11. In case any person shall, within the period of Claimant, three years after the appointment and qualification of the filing of petirepresentative, file his or her petition in the proceedings signed tion by. |