wise, talesman [talesmen] possessing the necessary qualifications shall be summoned by one of said officers. SEC. 21. The common council or board of trustees shall not have Motions for new trial, power to discontinue proceedings under this act after the rendition appeal, etc. of the verdict of the jury, but they may direct the city or village attorney to move for a new trial, or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same proceedings shall be taken as are herein before prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required, nor shall the municipality be required to pay the clerk of the recorder's or superior court fees. property. SEC. 22. It shall be prima facie evidence as to who are owners Evidence of of and persons interested in any property proposed to be taken in ownership of the proceedings instituted under this act, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest; and an abstract of the title of such property, or of any parcel or parcels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership, and persons having an interest in any such property, and the extent and nature of such interest. SEC. 23. In case there is on the private property taken a building Sale of buildor other structure, the same shall be sold by or under direction ings etc. of the common council or board of trustees; the amount produced by the sale shall belong and be paid to the fund for paying the compensation awarded for the property taken, and the common council or board of trustees shall cause such amount to be credited and applied in reduction pro rata of the assessment and apportionment made to pay for the property taken. SEC. 24. Cities and villages now authorized under existing acts Cities and vilof incorporation, or other special acts, to take private property for lages may propublic uses, may severally proceed, under the provisions of their charter. respective local charters, or other special acts, or under the provisions of this act; and this act shall not be construed as in any way affecting or impairing the provisions of such local charters or special acts on the subject of taking private property for public use. SEC. 25. Act number twenty-six of the public acts of eighteen Act repealed. hundred and eighty-two, approved March fifteenth, eighteen hundred and eighty-two, is hereby repealed; but nevertheless proceedings begun and undetermined under said act, or any previous act, shall not be affected by such repeal, but may be completed in all respects, and shall be as binding as if this act had not been passed. This act is ordered to take immediate effect. Approved May 31, 1883. [No. 125. ] AN ACT to authorize the board of control of State swamp lands to make an appropriation of State swamp lands, equal in value to two thousand dollars, or so much thereof as may be necessary to remove a sand bar located in Indian river, in Cheboygan county, and thereby improve the inland navigation route, which extends from Cheboygan to the head of Crooked lake, in Cheboygan and Emmet counties. SECTION 1. The People of the State of Michigan enact, That the board of control of State swamp lands are hereby authorized and empowered, if by them deemed expedient, to appropriate five sections of the fifteen sections of State swamp land heretofore appropriated to aid in improvement of Black river, in Cheboygan county, by act number one hundred and thirty-seven, of the session laws of eighteen hundred and seventy-nine, approved May thirty-first, eighteen hundred and seventy-nine, to improve the navigation of Indian river, between Burt and Mullet lakes, in said Cheboygan county: Provided, That said expenditure shall be made in pursuance of the provisions of law relative to the improvement of navigable routes of transportation and passenger traffic, under the supervision of the State swamp land commissioner and said board of control. Approved May 31, 1883. Chapter amended. Infants may [ No. 126. ] AN ACT to amend and revise chapter eighty-seven, of the revised statutes of eighteen hundred and forty-six, entitled "masters, apprentices, and servants," being chapter one hundred and seventy-three, of the compiled laws of eighteen hundred and seventy-one, and acts amendatory thereof. SECTION 1. The People of the State of Michigan enact, That chapter eighty-seven, of the revised statutes of eighteen hundred and forty-six, entitled "masters, apprentices, and servants," being chapter one hundred and seventy-three, of the compiled laws of eighteen hundred and seventy-one, as amended by acts amendatory thereof, be amended and revised so as to read as follows: (4857.) SECTION 1. Every male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may of his or her own free will bind himself or herself, in writing, to serve as clerk, appren- " tice or servant, in any profession, trade, or employment, if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or until her marriage within that age, or for any shorter time; and such binding shall be as valid and effectual, as if such infant was of full age at the time of making such engagement. (4858.) SEC. 2, Such consent shall be given: sent shall be given. First, By the father of the infant. If he be dead, or be not in By whom conlegal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a justice of the peace of the township, and indorsed on the indenture; then. Second, By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse; then, Third, By the guardian of such infant duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian; then, Fourth, By any two justices of the peace of the township where such infant shall reside; Fifth, By the recorder of any city in the county, or by the circuit or probate judge of such county. (4859.) SEC. 3. Such consent shall be signified by the person or How consent to officers entitled to give the same, by writing at the end of, or be signified. endorsed upon each part of the indentures, signed by such person or officers, and not otherwise. (4860.) SEC. 4. No minor shall be bound as aforesaid, unless by Indentures. indentures in two parts, sealed and delivered by both parties. tendents of poor (4861.) SEC. 5. The county superintendents of the poor in the When superinseveral counties may bind out any child under the ages above spec- may bind out ified, who shall be sent to any county poor-house, or who is or shall children. become chargeable in whole or in part to such county, or whose parent or parents shall become chargeable, in whole or in part, as aforesaid, to be clerks, apprentices, or servants, until such child, if a male, shall be twenty-one years old, and if a female, shall be eighteen years old, or until her marriage within that age, which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father. be inserted in (4862.) SEC. 6. The age of every infant bound pursuant to the Age of child to provisions of this chapter shall be inserted in the indentures, and indentures. shall be taken to be the true age, without further proof thereof; and whenever any public officers are authorized to execute any indenture, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. where to be inserted in. (4863.) SEC. 7. The counterpart of any indentures, executed by Counterpart, the county superintendents of the poor, shall be by them deposited deposited; proin the office of the clerk of the county; and provision shall be visions to be made, in every such indenture, for proper and suitable education for such minor, and for such other instruction, benefit, and allowance as such superintendents may think reasonable. paid by master (4864.) SEC. 8. All considerations of money, or other things paid Consideration or allowed by the master, upon any indenture of apprenticeship or to be for use of service made in pursuance of this chapter, shall be paid or secured minor. to the sole use of the minor bound thereby. treatment of (4865.) SEC. 9. Parents, guardians, and superintendents of the Parents, etc., poor shall inquire into the treatment of all children bound by them to inquire into respectively, or with their approbation, and of all who shall be children. bound by their predecessors in office, and defend them from all Complaint against master. When court may order minor discharged. How costs shall be awarded. Masters liable to action on indenture. Damages recovered to be property of minor, etc. When action shall be brought. If judgment be rendered for may be discharged. cruelty, neglect, or breach of the indentures on the part of their masters. (4866.) SEC. 10. In case any such misconduct, or neglect, of the master, a complaint may be filed by the parent or guardian, or by the superintendent of the poor, in the probate court for the county in which the master resides, setting forth the facts and circumstances of the case, and the court, having caused such notice, as it shall deem reasonable, to be given to the master, shall proceed to hear and determine the cause. (4867.) SEC. 11. After a full hearing of the parties, or of the complainant alone, in case the master shall neglect to apppear, the court may make an order or decree that the minor be discharged from his apprenticeship, or service, and for the costs of the proceeding against the master, and may issue execution therefor accordingly, and the minor may be bound out anew, unless such order be reversed on appeal. (4868.) SEC. 12. If the complaint be not sustained, the court shall order costs to be paid by the complainant to the master, and issue execution therefor accordingly; excepting that if such complaint be made by the superintendents of the poor, the court shall not award costs against them, unless it shall appear that the complaint was made without any just or reasonable cause. (4869.) SEC. 13. Every master shall also be liable, whether such complaint shall have been filed or not, to an action on the indenture, for the breach of any covenant, on his part, therein contained; which action shall be brought in the name of the minor, by his guardian or next friend, or by himself, after his majority. (4870.) SEC. 14. If such action be brought, and a recovery be had, during the minority of such apprentice or servant, the damages recovered in such action, after paying the necessary charges of prosecution, shall be the property of the minor, and may be appropriated to his use, or invested for his benefit, in the same manner as any other property belonging to such minor. (4871.) SEC. 15. No such action shall be maintained by any apprentice, or servant, unless it be commenced during the term of apprenticeship, or service, or within two years after the expiration thereof. (4872.) SEC. 16. If judgment in such action shall, upon the final plaintiff, minor determination thereof, be rendered for the plaintiff, the court in which the same is prosecuted, may thereupon, by an order to be entered in its minutes, discharge the minor from his apprenticeship, or service, if it shall not have been already done, in the manner before provided, and the minor may thereupon be bound out Proceedings where apprentice, etc., leaves master. Justice may order offender returned, etc. anew. (4873.) SEC. 17. If any apprentice or servant, bound as aforesaid, shall unlawfully depart from the service of his master, any justice of the peace, upon complaint on oath made to him by the master, or by any one in his behalf, may issue his warrant to apprehend the apprentice or servant, and bring him before such justice. (4874.) SEC. 18. If such complaint be supported, the justice may order the offender to be returned to his master, or may com mit him to the common jail, or house of correction, there to remain for a term not exceeding twenty days, unless sooner discharged by his master. warrant. (4875.) SEC. 19. The justice's warrant, when directed to any offi- Effect of cer, or other person by name, shall authorize him to convey the offender to the place of residence of the master, although it may be in any other county in the State. (4876.) SEC. 20. All the costs incurred on any such process Who to against an apprentice, or servant, shall be paid in the first instance pay costs. by the master, and if the complaint be supported, the amount of such costs may be recovered in any action against the minor after he shall arrive at full age. tice for misbe (4877.) SEC. 21. If any such apprentice or servant shall be Proceedings guilty of any gross misbehavior, or refusal to do his duty, or will- against apprenful neglect thereof, his master may file his complaint in the pro- havior, etc. bate court of the county in which he resides, and the court, after causing such notice as it shall deem reasonable, to be given to the parent or guardian who consented to the binding of such apprentice, or servant, or to the officers who bound him, or their successors in office, shall proceed to hear and determine the cause. discharged from (4878.) SEC. 22. After a full hearing of the parties or of the com- Master may be plainant, if the adverse party shall neglect to appear, the court contract. may make an order or decree that the master be discharged from the contract of apprenticeship, or service, and for the costs of the suit; and the amount of such costs may be recovered in an action against the minor, with interest thereon, after he shall have arrived at full age; and such minor may be bound out anew. (4879.) SEC. 23. No indenture of apprenticeship, or service, Death of master made in pursuance of this chapter, shall bind the minor after the apprentice, etc. death of the master, but the minor shall be thenceforth discharged therefrom, and may be bound out anew. discharges apply to mis (4880.) SEC. 24. An indenture of apprenticeship, or service, Provisions to made in pursuance of this chapter, by, or in behalf of a minor, tresses as well may be made either with a woman or man, capable in law of con- as masters. tracting; and all the foregoing provisions shall apply as well to mistresses as to masters; and the recorder of any city of the county, or the circuit or probate judge of such county, may permit and order the transfer of such indentures as are authorized in this chapter, when, upon sufficient proofs and hearing, such officer shall be satisfied such transfer will be for the interest of such minor: Provided, That consent of the minor shall first be given to such Proviso. transfer, if at the time of such transfer such minor be of the age of fourteen years. affected. (4881.) SEC. 25. Nothing contained in this chapter shall prevent Common law or affect the right of a father, by the common law, to assign a con- rights not tract for the services of his children, for the term of their minority, or of any part thereof. gitimate child (4882.) SEC. 26. The mother of an illegitimate minor child shall Mother of illehave power to give the consent authorized in this chapter, to the may consent, etc. binding of such child, during the lifetime of the putative father, as well as after his death. |