Probate judge may issue marriage license in certain cases. May issue license when under mar riageable age. Applications to be endorsed by physician. Judge may perform marriage ceremony. Judge to forward duplicate of license, where. Secretary of private register. State to keep [ No. 180. ] AN ACT to provide for the protection of the reputation and good name of certain persons. SECTION 1. The People of the State of Michigan enact, That the probate judge of each county of this State shall have authority and it shall be his duty to issue without publicity a marriage license to any female making application to him, who makes and files with him a sworn statement that she is with child, which if born alive before her marriage will become a bastard or that she has lived with a man and has been considered as his wife, or for other good reason expressed in such sworn statement, and deemed to be sufficient by the judge of probate, desires to keep the exact date of the marriage a secret, to protect the good name of herself and the reputation of her family: Provided, That such judge of probate shall have authority to issue a license to persons under marriageable age, Where the female is with child, or where she has been living with some man as his wife, in cases in which the application for such license is accompanied by the written request of the parents of both parties, if living, and their guardian or guardians, if either or both of the parents are dead, or by the written request of the parent of the minor where only one of the parties is under the marriageable age now fixed by the statute, when according to his judgment such marriage would be a benefit to public morals. SEC. 2. All applications made under this act for a marriage license shall be in the usual form and shall be endorsed by the family physician of one or both parties; shall be accompanied by the sworn statement provided for in section one of this act, and by a fee of three dollars. The judge of probate is hereby authorized and empowered and it shall upon the filing of such application become the duty of such judge of probate to perform the ceremony of marriage, and he shall keep two dollars of such sum for his services and one dollar of the same shall be forwarded by him to the Secretary of State as his fee for performing the service required of him by this act. SEC. 3. Within ten days after the marriage the judge of probate shall forward a duplicate of said license to the Secretary of State, who shall record and file such duplicate license. The Secretary of State shall keep a private register in which shall be recorded such duplicate marriage license provided for in this act, and the duplicate license sent by the judge of proWhen register bate shall be kept in a private file. The register and license open to exam- aforesaid shall be open to examination only upon the written order of the judge of any circuit or supreme court of this State and only for such use as is designated in such order. Such order shall be made only upon a written request of the person or persons to whom the same was issued, or when necessary to ination. the protection of property rights being litigated before such court arising from or affected by such marriage. marriage to communi divulging. publishing in SEC. 4. All knowledge of any facts which shall come to the Knowledge of judge of probate, Secretary of State or their deputies or assist- be deemed ants, the physicians indorsing the application, or the witnesses privileged to said marriage under the license issued pursuant to the pro- cation. visions of this act shall be deemed to be privileged communications. Any violation of confidence by the judge of probate, Penalty for Secretary of State or their deputies or assistants, the physician aforesaid, or the witnesses aforesaid, shall upon conviction thereof be deemed to be a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars and the costs of such prosecution, and in default thereof imprisonment in the county jail not to exceed three months. Any editor, publisher or proprietor of any Penalty for newspaper or publication within this State giving publicity newspaper. to any license or marriage held under the provisions of this act shall upon conviction thereof be deemed guilty of a misdemeanor, and be subject to a fine of not less than fifty nor more than one hundred dollars, and the costs of prosecution and in default of the payment thereof shall be imprisoned not to exceed thirty days in the county jail, and in addition thereto such editor, publisher or proprietor shall be liable in an action of libel to the parties married under such license. In Penalty for case the judge of probate performing the marriage ceremony make return under a license issued under this act shall neglect to make by judge of proper return he shall upon conviction thereof be fined in addition to the penalties prescribed in the general laws of this State, not to exceed fifty dollars in the discretion of the court. SEC. 5. All acts and parts of acts in anywise contravening Acts repealed. any of the provisions of this act are hereby repealed. Approved May 29, 1897. failing to probate. [ No. 181. ] AN ACT to prescribe and define a course of studies to be taught in the district schools of this State which shall be known as the Agricultural College course. pare course SECTION 1. The People of the State of Michigan enact, That Who to preThe Superintendent of Public Instruction shall prepare for dis of study. trict schools a course of study, comprising the branches now required for third grade certificates, which shall be known and designated "The Agricultural College course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate, duly signed by the county commissioner of schools, pupils shall be admitted to the freshman College cata- class of the Agricultural College without further examination. It shall be the duty of the secretary of the Agricultural College each year to send to each rural school district in the State a college catalogue, and upon application to furnish to such schools such other information as may be desired relative to said college. Such catalogue and other information shall be kept in each school for reference. Approved May 29, 1897. Chapter amended. When voters desire to vacate incorporation. Meeting of electors to be called by whom. Form of ballot. [ No. 182. ] AN ACT to amend chapter fourteen of act number three of the public acts of eighteen hundred and ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," by adding six new sections thereto, to stand as sections seventeen, eighteen, nineteen, twenty, twenty-one and twenty-two. SECTION 1. The People of the State of Michigan enact, That chapter fourteen of act number three of the public acts of eighteen hundred and ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," be and the same is hereby amended by adding six new sections thereto, to stand as sections seventeen, eighteen, nineteen, twenty, twenty-one and twenty-two. SEC. 17. Whenever the qualified electors of any incorporated village shall desire to vacate the incorporation of the same, the board of trustees or common council of such village, upon a petition being presented to it at any regular or special meeting, signed by at least one-fourth of the legal voters of such village as shown by the registration list of the last preceding registration held in said village, praying that the incorporation of such village may be vacated, shall, immediately thereupon, order a special meeting of the electors of such village to be held for the purpose of voting upon the question of vacating the incorporation of the same, and shall give twenty days' notice of the time and place of holding such meeting by posting up written or printed notices which shall state the object of such meeting by reciting the substance of such petition, in six of the most public places within the limits of such village. SEC. 18. At the time of holding such meeting, all persons voting in favor of vacating the incorporation of such village shall have written or printed on their ballots "In favor of vacating," and those voting against vacating the incorporation of such village shall have written or printed on their ballots, favors vaca same to clerk. Against vacating;" and such meeting shall be conducted and the votes shall be canvassed in the same manner as is provided for conducting elections in such village; and in case a two- When election thirds majority of the qualified electors of such village shall tion trustees vote in favor of vacating the incorporation of the same, the to certify trustees or common council of such village, or a majority of county them, shall, immediately thereafter, cause a transcript of all the proceedings in the case to be certified, under their hands, to the county clerk of the county in which such village or the principal part thereof is located: Provided, That nothing in Recorded plat this act contained shall authorize the qualified electors of any vacated. such incorporated village, or the board of supervisors, to vacate or alter any recorded plat of such village, or any street or alley in the same. not to be pass resolu SEC. 19. Upon receiving the transcript of the proceedings Supervisors to in submitting to a vote of the electors the question of vacating tion of va the incorporation of any village, properly certified to as pro- cation. vided in the preceding section, the county clerk shall lay the same before the board of supervisors of the county at its next regular annual meeting, and it shall thereupon be the duty of the board of supervisors to pass a resolution vacating the incorporation of such village. posited with of village, SEC. 20. Upon the vacation of the incorporation of any Books, papers, village, under the provisions of the preceding sections, it shall etc., to be debe the duty of the officers of such village to forthwith deposit county clerk. all books, papers, records and files, relating to the organization of, or belonging to such village, which are in their custody as such officers, with the county clerk of the county in which such village or the principal part thereof is located, for safe keeping and reference. Upon the vacation or discontinuance Indebtedness of any village incorporation, under the preceding sections, the how provided indebtedness of such village, whether bonded or otherwise, if for. any there be, shall be assessed, levied and collected upon the territory embraced within the boundaries of such village immediately prior to such vacation. It shall be the duty of the supervisor or supervisors of the township or townships in which the territory formerly embraced within the limits of any vacated village (within one year from the date of the vacation of such village, except when such indebtedness falls due at some specified time, in which case such assessment shall be made so as to meet such indebtedness when the same falls due), to levy upon the assessment roll or rolls of his township upon the property formerly embraced within the limits of such village, the indebtedness of such village, or such portion of the same as shall be apportioned to the part of the territory formerly constituting such village as lies within his township debtedness to as hereinafter provided. The taxes so assessed and levied Taxes for inshall be collected the same as other taxes, and shall be placed constitute in a separate fund and applied to the payment of such indebt- separate fund. edness and the manner of the payment of such indebtedness shall be fixed by the board of supervisors in the resolution to When village is in more than one township. be passed by said board vacating the incorporation of such village. SEC. 21. In case the territory formerly embraced within such vacated village shall consist of territory of two or more townships in the same county, it shall be the duty of the board of supervisors to apportion, among the several townships, the amount of such indebtedness which each township shall bear; In more than and in case such village was comprised of territory from two different counties, it shall be the duty of the boards of supervisors of the two counties to determine what portion of such indebtedness each county shall bear, using as a basis the last preceding assessment roll of such village prior to its vacation. Such indebtedness, when so apportioned, shall be assessed, levied and collected as provided in the preceding section. one county. Application of persons desiring bound To be filed with county elerk. SEC. 22. In case any person or persons want their property placed without the corporate limits of any village, they may aries changed. make application to the board of supervisors of the county in which such village is located, to change the boundaries thereof in such manner as will place the property of the person or persons applying therefor without the corporate limits of such village. Such application shall be filed with the county clerk of each county at least ten days' prior to the annual session in October of such board of supervisors, and shall be signed by one hundred taxpayers of the village, or by one-tenth of the taxpayers of such village. Any person intending to apply to the board of supervisors to have his property placed without the corporate limits of any village shall give or cause to be given at least fifteen days' notice of such application to the clerk of said village and by posting the same in at least three conspicuous public places within such village. Upon receiv ing the application aforesaid, the board of supervisors shall have power, by resolution, to change the boundaries of such village, as described and mentioned in such application. This act is ordered to take immediate effect. Approved May 29, 1897. Board of supervisors may change boundaries. Appointment, duties, etc., prescribed. [ No. 183. ] AN ACT to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan. SECTION 1. The People of the State of Michigan enact, That hereafter the appointment, term of office, duties and compensation of stenographers for the several circuit courts in this State shall be regulated as prescribed in this act. |