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Duty of commissioner as to fences.

When to order farm crossings,

etc.

roads and to define the powers and duties of said Commissioner of Railroads with reference thereto," is hereby amended to read as follows:

SECTION 11. The Commissioner of Railroads shall have power and it shall be his duty to order the construction of fencing along the line of the right of way of any electric or street railway operated in this State whenever in his judg ment he deems it necessary, to prevent animals or stock from getting on such right of way; and he shall prescribe the manner of constructing such fencing and the time within which it shall be done. The said Commissioner of Railroads shall also have power and it shall be his duty to order the construction of convenient and suitable farm crossings across the right of way and tracks of any electric or street railway, upon the application of the owner or owners of land lying upon both sides of such railroad track and being adjacent to such right of way, at such places over the right of way as shall be designated by the owner or owners of the lands lying on each side of said right of way.

Approved June 17, 1905.

Section amended.

State Board of
Agriculture, No.

etc.

[No. 308.]

AN ACT to amend section one of act number one hundred eighty-eight of the session laws of eighteen hundred sixtyone, entitled "An act to reorganize the Agricultural College of the State of Michigan, and to establish a State Board of Agriculture," as amended, said section being compiler's section eighteen hundred thirty-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section one of act one hundred eighty-eight of the session laws of eighteen hundred sixty-one, entitled "An act to reorganize the Agricultural College of the State of Michigan, and to establish a State Board of Agriculture," as amended, said section being compiler's section eighteen hundred thirty-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows:

SECTION 1. That a board is hereby constituted and established members, terms, which shall be known under the name and style of the "State Board of Agriculture." It shall consist of seven members holding office for the term of six years each or until their successors are appointed and qualified, one of whom shall be a resident of the Upper Peninsula of this State besides the Governor of the State and the President of the State Agricul tural College, who shall be ex-officio members of the board.

vacancies.

The Governor, by and with the consent of the Senate, on or When Governor
before the third Wednesday of January of each biennial ses- to appoint, to fill
sion, except as hereinafter provided, shall appoint two suit-
able persons to fill the vacancies that shall next occur; on
the taking effect of this act the Governor, by and with the
consent of the Senate, shall appoint the seventh member of
said board; and on or before the third Wednesday of Jan-
uary in nineteen hundred eleven and each sixth year there-
after the Governor shall, by and with the consent of the
Senate, appoint three suitable persons to fill the vacancies
that shall then occur: Provided, That the vacancies shall at Proviso.
all times be so filled that at least three of the members shall
be practical agriculturalists.

This act is ordered to take immediate effect.
Approved June 17, 1905.

[No. 309.]

AN ACT to amend section ten of chapter twenty-five of the Compiled Laws of eighteen hundred ninety-seven, said section relating to changes of venue and being compiler's section three hundred nine of said compilation.

The People of the State of Michigan enact:

amended.

SECTION 1. Section ten of chapter twenty-five of the Com- Section piled Laws of eighteen hundred ninety-seven, being compiler's section three hundred nine of said Compiled Laws, relative to change of venue, is hereby amended to read as follows:

SEC. 10. Each of said courts may change the venue of any How courts may criminal action pending therein upon good cause shown and change venue. shall change the venue of any civil action pending therein

upon the application of either party, made upon affidavit Affidavit, what to showing one or more of the following causes:

First, That the judge has been engaged as counsel in the cause, prior to his election or appointment as judge, or is otherwise interested in the same.

Second, That the judge is of kin to either party.

Third, That the opposite party has an undue influence over the citizens of the county, or that an odium attaches to the applicant, or to his cause of action or defense, on account of local prejudice.

Fourth, When the county is a party to the suit.

Fifth, Showing to the satisfaction of the court that the convenience of witnesses and the ends of justice would be promoted by the change.

Sixth, That the judge of the court, wherein such action is pending, is a material witness for the party applying for such change.

show.

Court to make rules and orders

Jurisdiction of trial court.

imprisoned.

Where fine paid.

Seventh, When either party shall make and file an affidavit of the bias, prejudice, or interest of the judge, before whom the said cause is pending, or for other cause shown.

And direct the issue to be tried in the circuit court of for removing, etc. another county, and make all necessary rules and orders for the certifying and removing such cause, and all the matters relating thereto, to the court in which such issue shall be ordered to be tried; and the court to which such cause shall be removed shall proceed to hear, try and determine the same and execution may thereupon be had in the same manner as if the same had been originally prosecuted in their county, When defendant except that in all criminal causes, when the defendant shall be convicted and be sentenced to imprisonment in a common jail or to pay a fine, or to both such imprisonment and fine the court awarding such sentence shall have authority to direct and shall direct, that the defendant be imprisoned in the common jail of the county in which such prosecution commenced; and that such fine when paid shall be turned over to the county treasurer of the county in which such prosecution commenced, in the same manner as is now proExpenses, where vided by law for paying over fines to county treasurers; and in every criminal case where a change of venue iş ordered, all expenses of such trial shall be a charge upon the county in which the prosecution originated; and when there shall be a disagreement of the jury on the trial of any criminal cause, in the circuit court to which such cause was ordered for trial, the circuit judge before whom the same was tried, if he shall deem the public good requires the same, may, upon cause shown by either party, order and direct the issue to be tried in the circuit court of another county in the State; and the court to which such cause shall be removed shall proceed to hear, try and determine the same in the same manner and with like effect as was pursued by the circuit court making such order.

charged.

When may be tried in another circuit.

This act is ordered to take immediate effect.
Approved June 17, 1905.

Motions, etc., decisions on, how reviewed.

[No. 310.]

AN ACT to regulate the practice of circuit courts upon motions to quash, demurrers and dilatory pleas, and to provide for the review of decisions thereon by the Supreme Court.

The People of the State of Michigan enact:

SECTION 1. Whenever in any action at law in a circuit court a motion to quash the writ or declaration upon jurisdictional grounds, or the issues raised on a demurrer, plea to the

ceedings.

jurisdiction or other dilatory plea shall be decided adversely
to the party filing such motion, demurrer or plea, the decision
may be reviewed by writ of certiorari forthwith. Upon the Stay of pro-
issue of such writ the Supreme Court may upon proper cause
shown, stay the proceedings in the circuit court pending their
decision on such writ. Or such decision may be reviewed by
assignment of error under a writ of error sued out to review
the final judgment in the cause in case such party shall plead
over and a final judgment upon the merits shall be rendered
against him.

SEC. 2. This act shall not affect existing remedies.
This act is ordered to take immediate effect.
Approved June 17, 1905.

Not to affect existing remedies.

[No. 311.]

AN ACT relative to the cost of bonds to be furnished by State

officers.

The People of the State of Michigan enact:

Bonds, where

cost, how paid,

SECTION 1. That whenever a bond is required by the laws may be procured; of this State, to be given by any State officer, whether elected etc." or appointed, such State officer may procure the required bond from any surety company authorized by the laws of this State to execute same, and the cost of such bond not exceeding one per cent per annum shail be paid out of the treasury of the State of Michigan upon the warrant of the proper officer and in the same manner as is now prescribed for the payment of traveling expenses of State officers.

This act is ordered to take immediate effect.
Approved June 17, 1905.

[No. 312.]

AN ACT to regulate the treatment and control of dependent, neglected, and delinquent children and to establish juvenile courts.

The People of the State of Michigan enact:

"dependent child"

SECTION 1. This act shall apply only to minors. For the Words purpose of this act the words "dependent child" and "neg and neglected lected child" shall mean any child who for any reason is des- child," how titute or homeless or abandoned or dependent upon the public for support or who has not proper parental care or guar

construed.

Words
"delinquent
child," how
construed.

dianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person or whose home by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or other person in whose care it may be, is an unfit place for such child; any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street as a business, or giving any public entertainment or who accompanies or is used in the aid of any person so doing. The words "delinquent child" shall include any boy under sixteen years of age, or girl under seventeen years of age, who violates any law of this State or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool-room or bucket shop, or who wanders about the streets in the nighttime without being on any lawful business or occupation, or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language, or is guilty of immoral conduct in any public place or about any schoolhouse; every child who does not attend school and who is vicious, incorrigible, or immoral in conduct while attending school, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment. Any child committing any of the acts hercin mentioned shall be deemed a juvenile delinquent person and shall be proceeded against as such in the manner hereinafter provided. A disponot lawful against sition of any child under this act, or any evidence given in such cause, shall not in any civil, criminal, or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever excepting in subsequent cases against the same child under this act.

Certain evidence

such child.

Jurisdiction of circuit court.

Circuit court commissioner.

Probate court.

SEC. 2. In counties in this State having over one hundred thousand population, the circuit court of the said counties shall have original jurisdiction in all cases coming within the terms of this act. In counties in this State having less than one hundred thousand population and more than twenty-five thousand population, the circuit court commissioner, or in case there are more than one circuit court commissioner, either of them shall have original jurisdiction in all cases coming within the terms of this act. In counties having twenty-five thousand population or less, the probate court shall have original jurisdiction in all cases coming within the

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