[No. 155.] AN ACT to amend sections one hundred twenty-seven and one hundred thirty-one of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," being sections four thousand one hundred twentysix and four thousand one hundred thirty, respectively, of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended. SECTION 1. Sections one hundred twenty-seven and one Sections hundred thirty-one of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," being sections four thousand one hundred twenty-six and four thousand one hundred thirty, respectively, of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows: lands abandoned. SEC. 127. Lands delinquent for taxes for any five years, Certain where said lands have been sold and bid off to the state for state tax the taxes of one or more of the said years, and then so held, deemed and no application having been made to pay, purchase or redeem the said lands for said taxes and no action pending to set aside such taxes or to remove the cloud occasioned thereby, shall, within the meaning of this act, be deemed abandoned lands, unless such lands are actually occupied by the person having the record title thereto. Any lands delinquent for taxes for a period of five or more years, and said lands having been sold and bid in by the state and held by the state for the taxes of any of said years, and no application having been made to pay, redeem or purchase the same, and no suit pend Title of state to such lands absolute. Exami nation of lands. ing to set aside said taxes or remove the cloud from the title occasioned thereby, shall be subject to the provisions of this section. Whenever it shall appear by the records in the auditor general's office that any lands are delinquent for taxes for five years or more and that said lands have been bid off to the state one or more times by reason of such delinquent taxes, and that the time of redemption of such sale or sales has expired and that no application has been made to pay, to redeem or purchase the same, and it shall appear that no action is pending in the circuit court of the county where said lands are situated to set aside the taxes or remove the cloud on the title occasioned thereby, the title to the state shall be deemed absolute in and to said lands; and it shall be the duty of the auditor general and the director of conservation to cause an examination of such lands to be made as soon as practicable, to ascertain their value and if abandoned. Said lands shall be withdrawn from sale by the auditor general pending such examination and the determination hereinafter referred to. Upon the examiner filing a certificate as to said examination and the occupancy of said premises, general, etc. and the certificate of the county clerk of the county where said lands are situated, in the office of the auditor general, showing that no suit is pending in said county to set aside any of said taxes or remove the cloud occasioned thereby, the auditor general and the director of conservation shall determine what lands so examined come within the provisions of this section, and record their determination in a book to be kept in the office of the auditor general for that purpose. The finding and determination of the auditor general and the director of conservation shall show: Determi nation by auditor What to show. Deemed conclusive. drawn from sale. First, A description of said lands; Second, The years for which they have been returned delinquent for taxes; Third, The time or times bid off to the state, and the taxes for which said bid was made; Fourth, Whether said lands are occupied or abandoned; Fifth, Whether or not any suit is pending in the county where said lands are situated to set aside the taxes, or any of them, or to remove the cloud occasioned thereby. The determination of the auditor general and the director of conservation in that regard shall be deemed to be conclusive as to the facts therein stated, unless suit is instituted to vacate Lands with the same within six months, as hereinafter provided. Within ninety days after such determination the auditor general shall make a transfer by deed of all lands so determined by the auditor general and said director of conservation to come within the provisions of this section to the state of Michigan as to an individual, as provided in section seventy-two of this act so far as said section is applicable, and such lands shall be withdrawn from sale pending the execution of such deed. Said deed or deeds shall be delivered to the director of conservation, who, after having said deed or deeds recorded Recording and filing of deed. for institu instituted. of moneys. in the register of deeds office of the county where the lands are situated, shall file the same in his office. Upon the execution and delivery of said deed or deeds to the director of conservation, said director shall hold said lands as state lands, subject to the provisions hereinafter contained. And Time limit no suit shall be instituted to vacate, set aside or annul the tion of suit. said determination of the said auditor general and the director of conservation made as aforesaid unless instituted within six months after the determination aforesaid. Any person How desiring to file a bill or institute a suit to vacate the findings of the auditor general and director of conservation, as provided in this section, shall first pay to the auditor general all delinquent taxes returned to the auditor general on the lands in question, together with all interests, costs and charges, and shall purchase and pay for all bids and titles held by the state to such lands by paying therefor the amount bid by the state and all interest and legal charges thereon, as provided in section eighty-four of this act. The money so Disposition received by the auditor general shall be paid into the general fund of the state and in case the determination of the auditor general and director of conservation should be set aside and held for naught, and the taxes, or any portion thereof, shall be adjudged invalid for any of the reasons set forth in section seventy-six of this act, then in such case the auditor general shall return to the person entitled thereto such taxes, or any portion thereof, as shall be so adjudged invalid for the reasons aforesaid, and in case the title is held valid the money so received shall be divided between the state, county and township pro rata according to the taxes paid, the same as in other cases. Any suit instituted for the purpose of setting aside the determination aforesaid may be commenced in the circuit court of the county of Ingham. It is hereby Duty of made the duty of the county clerks of the several counties clerks. of this state, on inquiries by the auditor general, to furnish to said auditor general a certificate showing whether or not any such suit is pending in the circuit court of the counties, as above referred to, relating to any lands described and referred to in the inquiry of the auditor general. county The di- entry. How SEC. 131. All such lands shall be held by the director of Lands subject to conservation subject to entry as homestead lands unless homestead withheld and reserved in the manner following: rector of conservation and the auditor general, acting jointly, withheld. may reserve and withhold from entry under the homestead right such portion of the lands deeded by the auditor general to the state under section one hundred twenty-seven of the act number two hundred six of the public acts of eighteen hundred ninety-three and acts amendatory thereto as, in their opinion, it may not be advantageous to open for homestead. The director of conservation may also, with the approval of the conservation commission, withhold from entry under the homestead right and sale, such lands as he may determine to be suitable for state forests, state parks, state game refuges, Minimum price, how Proviso, regulation of sale. Proceeds, how ac Application for lands. public hunting or recreational grounds. The said director of conservation and auditor general may affix a minimum price upon any such land not so reserved and withheld. All such lands not so withheld from sale shall be offered for sale by said director of conservation at prices to be discretionary with him: Provided, That in the sale of these lands not so reserved and withheld, the same rules and regulations as provided in act number twenty-one of the public acts of eighteen hundred seventy-three, entitled "An act to require the commissioner of the state land office to give public notice of the restoration of reserved and forfeited state lands to market," shall govern, and no bid shall be accepted for less than the minimum price affixed by such director of conservation and the auditor general. The proceeds from any counted for. such sale shall be accounted for to the state, county and township in which said lands are situated pro rata according to their several interests therein, arising from the nonpayment of taxes thereon as such interest shall appear in the office of the auditor general. If any person shall apply for any lands not withdrawn from sale as provided herein not to exceed in quantity one hundred sixty acres, or if, within the limits of the plat of any city, or village, not to exceed the contiguous lands in any one block, or two contiguous parcels of unplatted land, for any one person so apply. ing, and shall file an affidavit that such person desires such lands for actual settlement, for the purpose of a homestead, the director of conservation shall, if in his judgment, the application is made in good faith, issue a certificate to such person for such land upon the payment of the sum of ten cents per acre, conditioned that such person shall reside upon said lands for the period of five years and improve the same: Provided, That in case such lands are included in the plat of any city or village, or of any subdivision of or addition to any city or village, the land that may be taken as a homestead by any person shall be contiguous and shall not exceed one block, according to such plat, or two contiguous unplatted parcels, except where such city or village lands have been bid to the state by government description, in which case no person shall receive a certificate for more than one government description, and in the case of any such lands the amount paid therefor shall be the same for any parcel less than one acre as for one acre as provided in this section. At the expiration of such five years such person shall be entitled to make and shall make proof of the fulfillment of such contract within three months in such manner as the said director of conservation may prescribe. And when such proof is made to the satisfaction of said director of conservation such person shall be entitled to a deed of such land from the state, executed by the director of conservation on behalf of the state, which deed shall be in such form as the director of conservation shall determine; the said deed shall be witnessed and acknowledged and shall be entitled Proviso, platted lands. Final proof. Deed how executed. title to to record in the office of the register of deeds in the proper county, in the same manner and with like effect as other deeds are duly witnessed, acknowledged and certified. Such To convey deed shall convey an absolute title to the lands sold, and lands. shall be conclusive evidence of title in fee in the grantee, and it shall be the duty of the state of Michigan to defend and prosecute all suits brought to protect such title, and the state shall pay all costs adjudged against the homesteader. Such homestead lands shall be subject to the same rules and regulations now in force as to other homestead lands not inconsistent with the provisions of this act. Persons who have heretofore taken up homestead lands under this section, having made the first payment required by this section, and having resided upon and improved the same since they entered thereupon, are hereby relieved from making any further payments to the state: Provided further, That nothing in Proviso. this section shall be construed to entitle any person or persons who have heretofore entered such lands to the return of any part of the payments heretofore made by them: And Further provided further, That any person who has purchased and proviso. entered into possession of any lands as a homestead, under and by virtue of the provisions of this section, as originally passed, or as amended when said lands had been bid off to the state and were held by the state for the taxes of one or more years, and said lands were delinquent for taxes for three or more years, shall, on performing the other conditions of said section, as amended, receive a deed therefor, as herein provided, and shall be deemed to have a good, sufficient fee-simple title to said premises, to all intents and purposes the same as though said lands had been bid off to the state for a consecutive period of more than three years, as originally provided in section one hundred twenty-seven of said. act. And in all cases where the lands have been taken as a Action of ejectment, homestead as set forth in last foregoing proviso, all actions when comof ejectment or to recover possession of said lands or to set menced. aside the title of such homesteader by any person, firm or corporation claiming the original or government title, shall he commenced within six months after this act shall take effect, and not afterwards. Said person, firm or corporation shall before commencing such proceedings pay to the auditor general all delinquent taxes returned to the auditor general on lands in question, together with all interest, costs and charges, and shall purchase and pay for all bids and titles. held by the state to such lands by paying therefor the amount bid by the state and all interest and legal charges thereon, as provided in section eighty-four of this act. The money so received by the auditor general shall be deposited in the state treasury to the credit of the state, county and township wherein said lands are situated, in proportion to the amount of taxes due to the state, county and township upon said lands; and in case the state's title to the land shall be declared valid, then the taxes and moneys so paid by the |