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effect as applying to the circuit court for the thirty-first
This act is ordered to take immediate effect.
[ No. 73. ]
AN ACT to amend section one hundred and ninety of chap
ter one hundred and seventy-eight of the compiled laws of eighteen hundred and seventy-one as amended by act twelve of the session laws of the year eighteen hundred and seventy-three, being section seven thousand and five of Howell's Annotated [Statutes] Statues of eighteen hundred and eighty-two relative to appeals from courts held by justices of the peace. SECTION 1. The People of the State of Michigan enact, Section That section one hundred and ninety of chapter one hundred and seventy-eight of the compiled laws of eighteen hundred and seventy-one, as amended by act number twelve of the . session laws for the year eighteen hundred and seventy-three relative to appeals from courts held by justices of the peace be amended so as to read as follows:
SEC. 190. Appeals may be authorized by the circuit court, when circult or by the circuit judge at chambers, after the expiration of thorize appeals. five days, when the party making the appeal has been prevented from taking the same by circumstances not under his control. And in all such cases where the party in whose favor such judgment was rendered appears by an attorney or agent it will be sufficient to serve such attorney or agent with the notices of all subsequent proceedings in said cause and all orders made by said court or judge may be served on said attorney or agent, and such service shall have the same effect as though the same was made on the party in whose favor such judgment may have been rendered.
Approved May 8, 1891.
[ No. 74. ] AN ACT to provide for the ceding to the United States of
exclusive jurisdiction over the site and grounds selected, or to be hereafter selected, for the erection of a building, or buildings for Indian industrial school purposes and during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of the State of Michigan, and the service of civil process therein. SECTION 1. The People of the State of Michigan enact, Jurisdiction That the State of Michigan hereby cedes to the United United States.
States exclusive jurisdiction over the site and grounds
Ordered to take immediate effect.
[ No. 75. ] AN ACT to amend section one of act number seventy-two
of the session laws of eighteen hundred and eighty-seven, being an act entitled "An act to require prosecuting attorneys to appear and conduct criminal proceedings in the Supreme Court in certain cases, and to provide for the payment of extra compensation therefor," approved
, April fifteenth, one thousand eight hundred and eightyseven.
SECTION 1. The People of the State of Michigan enact, That section one of act number seventy-two of the session laws of eighteen hundred and eighty-seven, entitled "An act to require prosecuting attorneys to appear and conduct criminal proceedings in the Supreme Court in certain cases, and to provide for the payment of extra compensation therefor,” be and the same is hereby amended so as to read as fol. lows:
SECTION 1. The People of the State of Michigan enact, attorneys to pre. That in all criminal proceedings removed to the Supreme
Court by writ of error, mandamus or otherwise, it shall be the duty of the prosecuting attorney of the county from which any cause is so removed to prepare a brief on behalf of the people therein, and to furnish the same to the Attorney General where such cause is a calendar cause, at least twenty days before the time at which such cause is set for hearing, and in all other cases such prosecuting attorney shall furnish such brief to the Attorney General at least two days before the time for the hearing of such cause. It shall be the duty of the prosecuting attorney of the county from which any cause is. so removed where such cause is made a calendar cause on the request of the Attorney General to appear on behalf of the people in the Supreme Court, and to assist the Attorney General to conduct such cause in such
Prosecuting attorney to assist Attorney General.
court, and for his services in such case such prosecuting 'Compensation. attorney shall, in addition to his regular salary, receive a reasonable compensation, including his expenses in traveling to and from, and on his attendance in such court, when so requested by the Attorney General. Such expenses in traveling to and from and compensation for attendance in such court to be certified to by the Attorney General and ascertained and determined by the board of State auditors, and paid by the State out of any funds belonging to the State not otherwise appropriated, and the expenses of preparing Brief to be paid and printing any brief or argument prepared in such case for by county. shall be paid by the county from which the case is removed.
Approved May 13, 1891.
[ No. 76. ]
ing to defraud
hotel keepers, accom- etc., guilty of
AN ACT to amend act number one hundred ninety-six
of the session laws of eighteen hundred eighty-five, entitled "An act to provide for the protection of hotel keepers," approved June sixteenth, eighteen hundred and eighty-five.
SECTION 1. The People of the State of Michigan enact, Section That section one of act number one hundred and ninetysix of the session laws of eighteen hundred and eighty-five, being "An act to provide for the protection of hotel keepers," be amended by striking out section one thereof, and substituting therefor two sections, to read as follows:
Section 1. The People of the State of Michigan enact, Persons attemptThat any person who shall put up at any hotel or inn as a guest and shall procure any food, entertainment or modation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, shall, upon conviction Penalty. thereof, upon the complaint of such hotel keeper before a justice of the peace, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars, or by both fine and imprisonment in the discretion of the justice: Provided, that the (provision] pro- Proviso. visions of this act shall not apply to boarders at any hotel or inn by the week or month. SEC. 2:
Proof that lodging, food or other accommodation Prima facie was obtained by false pretense or by false or fictitious show proof of fraud. or pretense of baggage or that the person refused or neglected to pay for such food, lodging or other accommodation on demand, or that he absconded or left the premises
without paying or offering to pay for such food, lodging or other accommodation, or that he surreptitiously removed or attempted to remove his baggage shall be prima facie proof of the fraudulent intent mentioned in section one of this act.
Approved May 14, 1891.
and change of name,
With whose consent.
AN ACT to provide for the adoption and change of name
of minors, and for making them heirs at law of the person or persons adopting them, and to repeal act number one hundred forty-four of the public acts of eighteen hundred and eighty-seven, relative to the adoption and change of name of minors and making them heirs at law of the
person or persons adopting them. Adoption and SECTION 1. The People of the State of Michigan enact,
That whenever any person or persons shall desire to adopt any minor child, and to change the name of such child, and to bestow upon him or her the family name of the person or persons adopting such child, with intent to make such child his, her, or their heir, such proceedings shall be had as are (hereinafter] hereafter provided.
SEC. 2. Such adoption and change of name shall be with the consent of the persons hereinafter described, viz.:
(a) In case the parents of such child, or either of them, are living, then with the consent of such parents or the
survivor of them. of parent. (b) In case such child is abandoned by one of its parents
then with the consent of the other parent. Of mother. (c) In case such child be illegitimate then with the con
sent of its mother.
(d) In case such child is an orphan, or is abandoned by certain officers. its parents or surviving parent, or by its mother, if it be
illegitimate, then with the consent of the nearest of kin or guardian of such child, or of the principal officer of any incorporated asylum, hospital or home, of which such child may be an inmate, or of two superintendents of the poor of the county, or the director of the poor of any city or township of which such child is a resident, or of the principal officer of any institution, public or private, in this State or elsewhere, in whose care such orphan or abandoned child
(e) In case the parents, or surviving parent, of such child, or the mother, if said child be illegitimate, or the parent who has not abandoned it, if such child has been abandoned by one of its parents, has or have surrendered and released, in a writing duly executed and acknowledged before an officer authorized by law to take acknowledgments of deeds, all his, her or their parental rights in and to such child and
Of kin or
Of officer of certain institutions.
in writing, etc.
the custody and control thereof to an incorporated asylum, hospital or home, of which such child may be an inmate, for the purpose of enabling such incorporated asylum, hospital or home to have said child adopted by some suitable person, its name changed and the child made an heir at law under the provisions of this act, then with the consent of the principal officer of any such incorporated asylum, hospital or home, and the aforementioned release executed by a parent or parents as aforesaid to such asylum, hospital or home, shall be filed with the instrument of adoption in the probate court.
(f) In case said child is legally an inmate of the State in case of Inmate public school, then with the consent of the superintendent of such school, and the county agent of the State board of charities for the county wherein the person adopting such child resides.
(g) In any case heretofore described, if such child be in case of child above the age of ten years, then with the additional consent of such child. Sec. 3. Said person
or persons first above described, Adoption to be together with his or her wife or husband, if any there be, and the person or persons, officer or agent required by the preceding section to consent thereto, shall make under their hands and seals, an instrument in writing, whereby they shall declare that such child, naming him or her by the name he or she has usually borne, is adopted as the child of the person or persons first above referred to, and that he, she or they intend to make such child his, her or their heir, and shall state the full name they desire such child shall bear.
SEC. 4. The execution of such instrument shall be acknowl- Execution to be edged by the person so signing the same, before an officer
acknowledged, authorized by law to take acknowledgments of deeds, and thereupon the same shall be presented to, and filed with the judge of probate of the county where such person or persons adopting such child reside.
SEC. 5. Such judge of probate with whom such instru- Judge to invesment is filed, shall thereupon make an investigation, and if tlgato, etc. he shall be satisfied as to the good moral character, and the ability to support and educate such child, and of the suitableness of the home, of the person or persons adopting [said] such child, he shall make an order to be entered on Order of adopthe journal of the probate court that such person or persons do tion, etc. stand in the place of a parent or parents to such child, and that the name of such child be changed to such name as shall be designated in said instrument for that purpose. Whereupon such child shall thereafter be known and called New name, etc. by said new name, and the person or persons so adopting such child, shall thereupon stand in the place of a parent or parents to such child in law, and be liable to all the duties, and [entitled) entitle to all the rights of parents thereto; and such child shall thereupon become and be an