Health commissioner to cooperate. Who custodian. Rules, etc., who to formulate. Proviso. to and accepts the provisions of an act of the sixty-seventh congress of the United States, approved November twentythree, nineteen hundred twenty-one, known and designated as public act number ninety-seven, entitled "An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes," and designates the state health commissioner of Michigan as the state agency to carry out the terms and conditions of said act. SEC. 2. The said state health commissioner is hereby authorized, directed and empowered, through the bureau of child hygiene and public health nursing of the Michigan department of health, to cooperate with the federal children's bureau and with the board of maternity and infant hygiene. created by said act of congress, in the administration of the provisions of said act, and to do all things necessary and proper to entitle this state to receive the benefits thereof. Such expenditures as may be reasonably required in connection with such administration, or receiving and accepting said benefits, are hereby expressly authorized. SEC. 3. The treasurer of the state of Michigan is hereby designated as custodian of any and all funds allotted to the state of Michigan under the act of congress herein before referred to, and of all funds hereby appropriated. It shall be the duty of said treasurer to accept and receive said funds, to provide for the proper custody thereof, and to make disbursement of the same in accordance with the provisions of this act and the general accounting laws of the state. shall make an annual report to the governor and a biennial report to the legislature at the convening of each regular session thereof, covering the receipt and disbursement of all such moneys. SEC. 4. The state health commissioner is hereby authorized and empowered to formulate such rules and regulations for the promotion of the purposes hereby contemplated as may be deemed necessary, subject to the provisions of this act and of the said act of the federal congress. He may also appoint the necessary assistants for the proper carrying on of the work, and may employ such clerks, examiners and inspectors as are from time to time required: Provided, That no official, or agent, or representative in carrying out the provisions of this act shall enter any home or take charge of any child over the objection of the parents, or either of them, or the person standing in loco parentis or having custody of such child, and nothing in this act shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agency or agencies to be employed for such purpose. All moneys available for use hereunder shall be paid out by the state treasurer on proper requisitions by the said commissioner in such manner as is, or may be, provided by the general accounting laws of this state. Immediately prior to the meeting of each regular session of the legislature it shall be the duty of said commissioner to prepare and submit to the state administrative board estimates of the sums of money necessary to be appropriated for the next ensuing biennial period in order to enable the state of Michigan to secure all the benefits and privileges contemplated by the federal act. SEC. 5. To enable the state to accept and receive the bene- Appropriafits of the provisions of said federal act, and for the carrying tion. out of the purposes hereby contemplated, there is hereby appropriated out of the general fund for the fiscal year ending June thirty, nineteen hundred twenty-six, the sum of thirty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-seven, the sum of thirty thousand dollars. The auditor general shall incorporate in the state tax for the years nineteen hundred twenty-five and nineteen hundred twenty-six sufficient amounts to reimburse the general fund for the appropriations hereby made. This act is ordered to take immediate effect. [No. 101.] AN ACT to prescribe the powers and duties of the director of conservation in connection with the enforcement of the game and fish laws. The People of the State of Michigan enact: conserva SECTION 1. It shall be the duty of the director of conser- Duty of divation to seize all nets and other fishing apparatus or appli- rector of ances of any kind found in use in violation of the laws of this tion. state, and to enforce the statute of this state for the preservation of moose. wapiti, deer, birds and fish, and to enforce all other laws of the state for the protection and propagation of game, birds and fish, now in force, or hereafter enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of the people of the state to punish any parties for the violation of said statute and laws. Such actions and proceedings may be brought in the name of the people in like cases, in the same courts, and under the same procedure as they may now or may hereafter be brought by any individual or by the prosecuting attorneys of the several counties under and by virtue of any law now existing or hereafter enacted. etc. SEC. 2. The director of conservation or any officer ap- May make pointed by him for the purpose of enforcing any of the pro- complaint, visions of this act may make complaint and cause proceedings to be commenced against any person for violation of any of the laws for the protection or propagation of game and may search. Birds, etc. fish without the sanction of the prosecuting attorney of the county in which such proceedings are commenced, and in such case such officer shall not be obliged to furnish security for costs. Said director or any of said officers may appear for the people in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation or conservation of game or fish, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of any county in which such proceedings are commenced, and may sign vouchers for the payment of jurors and witness fees in such cases in the same manner and with the same authority as prosecuting attorneys in other criminal Boats, etc., cases. Any of said officers shall have power to search, without warrant, any boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, or any other receptacle in which game or fish may be carried, and may enter into or upon any private or public property for such purpose, or for the purpose of patrolling or investigating when he has good reason to believe that he will thereby secure evidence of a violation of the law. Private property shall not include dwellings or dwelling houses, and any hindrance or interference, or attempted hindrance or interference with such patrol investigation, search or examination shall be prima facie evidence of a violation of the law by the parties who hinder or interfere with, or attempt to hinder or interfere with, said patrol, investigation, search or examination. Said officer shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed, at a time, in a manner and for a purpose, or had in possession or under control, or have been shipped contrary to any of the laws of this state, and such seizure may be made without a warrant: Provided, That no common carrier shall be held responsible in damages or otherwise to any owner, shipper or consignee by reason of such loss or seizure hereunder. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this state, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any buildings, apartment, enclosure, or car to be entered, and the contents thereof examined by any of said officers. All birds, animals or fish or nets or boats, or fishing or hunting appliances or apparatus or automobiles of any kind seized by any of said officers shall be turned over to the director of conservation to be held by him subject to the order of the court before whom the case is pending. Said court, after complaint on oath shall have been made and filed with the court, shall issue an order to the owner of such property to show cause, if any, why the property mentioned in said complaint should not be condemned. Such order to show cause shall have a date fixed therein for the hearing thereof, which date shall not Proviso. Order to show cause. Hearing. fiscated. be less than five days from the date of its issuance, and shall be served by delivering a true copy thereof to said owner at any time, not less than one day, before the date of hearing, or if the owner is not known or cannot be located, said order shall be served by posting a true copy thereof in one or more public places in the county in which such seizure was made, or by publishing a true copy thereof in any newspaper published in such county. Such posting or publication of said Notice of. notice shall be had at least five days before the day of hearing fixed in said order. Upon the hearing if the court shall de- When contermine that any of the property mentioned in the complaint was caught, killed, possessed, shipped or used contrary to law, an order shall be made confiscating by and forfeiting to the state such property and directing its sale or other disposal by the director of conservation, the proceeds from any such sale to be paid into the state treasury. If, upon such hearing, the court should determine that said property was not caught, killed, possessed, shipped or used contrary to law he shall make an order directing the director of conservation to forthwith return said property to its owner: Provided, That in case the owner of such goods or things Proviso. seized signs a property release, no court proceedings shall be necessary. Said officers shall not be liable for damages on account of any search, examination or seizure, or the destruction of any nets, boats or fishing or hunting apparatus, vehicles, or automobiles, of any kind, in accordance with the provisions of this act: Provided, That common carriers shall Proviso. not be held responsible in damages or otherwise to any owner, shipper or consignee by reason of the loss or seizure herein provided for. process, SEC. 3. Said director of conservation and any special as- Criminal sistants or conservation officers appointed by said director may serve. shall have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process, and shall be entitled to the same fees as sheriffs in performing any of said duties. Any of said Arrest. officers may arrest, without warrant, any person caught by him in the act of violating any of the aforesaid laws for the protection, propagation or preservation of wild animals, birds or fish and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall prepare, without delay, to hear. try and determine the matter and the same proceedings shall be had as near as may be as in other criminal matters triable before a justice of the peace, or other magistrate having jurisdiction. Such arrests may be made on Sunday and in such case the person so arrested shall be taken before a justice of the peace, or other magistrate having jurisdiction, and proceed against as soon as may be, on a week day following the arrest. SEC. 4. Any person who hinders, obstructs or interferes Misdewith, or attempts to hinder, obstruct or interfere with the what meanor, deemed. Penalty. director of conservation, or any state or county officers appointed by him, or any person who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars, together with costs of suit, or may be committed to the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment in the discretion of the. court; and in default of the payment of any fine or costs such person may be committed to the county jail until such fine and costs are paid, or for a period not exceeding ninety days. SEC. 5. All acts or parts of acts contrary to the provisions of this act are hereby repealed. Approved April 30, 1925. Section amended. Who not made defendant. [No. 102.] AN ACT to amend section twenty-two of chapter twelve of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being section twelve thousand three hundred seventy-three of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section twenty-two of chapter twelve of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen", being section twelve thousand three hundred seventythree of the compiled laws of nineteen hundred fifteen, is hereby amended so as to read as follows: SEC. 22. Whenever suit is brought under the provisions of sections twenty to twenty-seven inclusive of this chapter to quiet the title to real estate, no one whose actual or possible title, claim or lien is sought to be removed or construed, and whose name appears of record in some public office in connection therewith, may be made defendant in accordance with the preceding sections, except under his proper name or the name appearing in such record, nor shall his unknown heirs, devisees, legatees and assigns be included as defendants therein, unless fifteen years have elapsed since the recording of such title, claim or lien, except in cases where the person whose actual or possible title, claim or lien sought to be removed and whose name appears of record in some public office in connection therewith, is a person who has been absent from his last place of abode known to those persons most likely to know the same for the continuous period of seven years; with his or her whereabouts unknown to such persons; and who |