Abbildungen der Seite
PDF
EPUB

order minor discharged.

be awarded.

to action on indenture,

cruelty, neglect, or breach of the indentures on the part of their

masters. Complaint (4866.) SEC. 10. In case any such misconduct, or neglect, of against master.

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. When court may (4867.) SEC. 11. After a full hearing of the parties, or of the com

plainant 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. How costs shall (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 com

plaint was made without any just or reasonable cause. Masters liable (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

determination thereof, be rendered for the plaintiff, the court in may be dis which the same is prosecuted, may thereupon, by an order to be charged.

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

anew. Proceedings (4873.) Sec. 17. If any apprentice or servant, bound as aforesaid, Where, appren.. shall unlawfully depart from the service of his master, any justice tice, etc., leaves

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 returned, etc. may order the offender to be returned to his master, or may com

Damages re. covered to be property of minor, etc.

When action shall be brough

If judgment be rendered for plaintiff, minor

master.

Justice may order offender

warrant.

against apprentice for misbe

discharged from

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.

(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 custs may be recovered in any action against the minor after he shall arrive at full age.

(4877.) SEC. 21. If any such apprentice or servant shall be Proceedings guilty of any gross misbehavior, or refusai to do his duty, or will- i ful 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.

(4878.) SEC. 22. After a full hearing of the parties or of the com- Master may bo 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 app

ofton thé discharges death of the master, but the minor shall be thenceforth discharged therefrom, and may be bound out anew.

(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 a3 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.

(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- righ tract for the services of his children, for the term of their minority, or of any part thereof.

(4882.) SEC. 26. The mother of an illegitimate minor child shall Mother of illo. have 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.

apprentice, etc.

apply to mis

rights not affected.

gitimate child

Acts repealed,

Proviso.

(4883.) SEC. 27. All acts or parts of acts inconsistent herewith, are hereby repealed, saving and reserving all rights existing thereunder: Provided, however, That the provisions of this act shall not in any manner interfere with the duties of the superintendents of the poor, or other officers in regard to the State public school for neglected and dependent children, or the reform school, or other benevolent or reformative institutions for children.

Approved May 31, 1883.

Governor au

[ No. 127.]
AN ACT for the relief of David H. Helt.

SECTION 1. The People of the State of Michigan enact, That the thorized to issue Governor be and he is hereby authorized to cause to be issued to patent,

David H. Helt a patent for the northwest quarter of the northeast
quarter of section eleven, town nine north, range two west, upon his
presenting the certificate of the commissioner of the State land
office, showing that he has fully complied with the provisions of
section one, of act number two hundred and seventy-five, of the
session laws of eighteen hundred and eighty-one, entitled “ An act
to provide for the disposition of certain lands granted to the State
of Michigan for railroad purposes, by act of congress, June three,
eighteen hundred and fifty-six, and by act of the legislature of the
State of Michigan of February fourteen, eighteen hundred and
fifty-seven, were conferred upon the Detroit and Milwaukee railway
company, and by act of the United States of March three, eighteen
hundred and seventy-nine, were fully yested in the State of Mich-
igan for all purposes, approved June eleven, eighteen hundred and
eighty-one."

This act is ordered to take immediate effect.
Approved May 31, 1883.

[ No. 128. ] AN ACT to amend sections (15) fifteen, (18) eighteen, and (19)

nineteen, of act number nine (9), of the public acts of eighteen hundred and eighty-two (1882), entitled “An act to provide for the assessment of property, and the levy and collection of taxes thereon," approred March fourteen, eighteen hundred and eighty two.

SECTION 1. The People of the State of Michigan enact, That sections fifteen, eighteen, and nineteen of act number nine, of the public acts of eighteen hundred and eighty-two, entitled “An act to provide for the assessment of property, and the levy and collection of taxes thereon,” approved March fourteenth, eighteen hundred and eighty-two, be and the same are hereby severally amended so as to read as follows:

Sections amended,

ner of making

SEC. 15. On or before the third Monday of May in each year, in Time and man. the townships of Hamtramck and Springwells, in the county of assessment rol Wayne the third Monday in June, the supervisor shall make and and duties of...

supervisors, etc. complete an assessment roll, upon which he shall set down the name of every person liable to be taxed for personal property in his township, and also a full description of all the real property liable to be taxed in such township. If the name of the owner or occupant of any such tract or parcel of real property is known, he shall enter the name of such owner, or occupant, opposite to the description thereof; in all other cases the real property, described on such roll, shall be assessed as owner unknown. Each description shall show the number of acres contained in it, as determined by the supervisor. It shall not be necessary for the assessment roll to specify the quantity of land comprised in any town, city, or village lot. The supervisor shall estimate according to his best information and judgment, the true cash value of every parcel of real property, and set the same down opposite such parcel. He shall also estimate the true cash value of all the personal property, except such as the law exempts, of each person, and set the same down opposite the name of such person. In determining the property to be assessed, and in estimating such values, he shall not be bound to follow the statements of any person, but shall exercise his best judgment. Property assessed to any other than the owner, or owners, shall be assessed separate from his, or their property, and shall state in what capacity it is assessed to him, or them. Two or more persons not being co-partners, owning personal property in common, may each be assessed severally for his portion thereof. Undivided interests in lands owned by tenants in common, or Assessment of joint tenants not being co-partners, may be assessed to the owners und thereof.

SEC. 18. After the annual township meeting, and on or before Board of the first Monday in May, of each year, in the townships of Ham- review. tramck and Springwells, in the county of Wayne, the first Monday in June, the township board shall appoint two suitable tax-paying electors of the township, to serve as members of the board of review for that year, who shall take the constitutional oath of office. The supervisor and the two electors so appointed, shall consti- Who to tute the board of review for such township. The township board cons may fill any vacancy which shall occur in the membership of Vacancies. such board of review. A majority of said board of review shall Quoruin. constitute a quorum for the transaction of business, but a less number may adjourn from day to day, and a majority vote of those present shall decide all questions. On the Tuesday next following Meeting of, the third Monday of May, in the townships of Hamtramck and Springwells, in the county of Wayne, the third Monday of June, the board of review of each township shall meet at the office of Assessment roll the supervisor, at which time the supervisor shall submit to said to board the assessment roll for the current year, as prepared by him, and the said board shall proceed to examine and review the same, and during that week, said board, of its own motion, or on suffi- Proceedings cient cause being shown by any person, shall add to said roll the

interests.

onstitute,

to be submitted to board.

of board.

Approval of roll,

on fourth Mon.

names of persons, the value of personal property, and the description and value of real property liable to assessment in said township, omitted from such assessment roll; they shall correct all errors in the names of persons, in the description of property upon such roll, and in the assessment and valuation of property thereon, and they shall cause to be done whatever else may be necessary to make said roll comply with the provisions of this act. The board shall pass upon each valuation, and enter the valuation as fixed by it in a separate column. The roll, as prepared by the supervisor, shall stand as approved and adopted as the act of the board of review, except as changed by a vote as herein provided. If for any cause a quorum does not assemble during the week above mentioned, the roll, as prepared by the supervisor, shall stand as if approved by

the board of review. Meeting of board SEC. 19. Said board of review shall also meet at the office of the day ip May. supervisor on the fourth Monday in May, in the townships of

Hamtramck and Springwells, in the county of Wayne, the fourth Monday in June, at nine o'clock in the forenoon, and continue in session during that day, and the day following, and as much longer as may be necessary, to complete the review of such assessment roll, not to exceed four days in all. Such board shall continue its session at least six hours each day, and at the request of any person whose property is assessed thereon, or of his agent, and on sufficient cause being shown, shall correct the assessment as to such property, in such manner as in their judgment will make the valuation thereof relatively just and equal. To that end said board may examine on oath the person making such application,

or any other person, touching the matter. Any member of said Statement to be board may administer such oath. After said board shall complete

the review of said roll, a majority of said board shall endorse thereon, and sign a statement to the effect, that the same is the assessment roll for said township, for the year in which it has been prepared and approved by the board of review. Said statement may be in the following form, viz.:

“Assessment roll for the township of... -----...for the year 18.-.-, as approved by the board of review.

“Dated....

endorsed on roll.

Form of endorsement.

Validity of roll.

"Board of Review." Upon the completion of said roll, and its endorsement in manner aforesaid, the same shall be conclusively presumed by all courts and tribunals to be valid, and shall not be set aside except for causes hereinafter mentioned. The omission of such endorsement shall not affect the validity of such roll.

This act is ordered to take immediate effect.
Approved May 31, 1883.

« ZurückWeiter »