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(5) The child may be declared a ward of the court as far as its person is concerned, which authority shall continue until the court shall otherwise decree.

(6) If the child be found to be wilfully wayward, and unmanageable, and in any case upon the adjudication of delinquency, the court may cause such child, if a boy and between the age of ten years and sixteen years, to be sent to the Industrial School for boys at Lansing; or if a girl between the age of ten years and seventeen years, to the Industrial Home for Gir ls at Adrian, or to any state institution authorized by law to receive such child, subject to such conditions as may be provided by law for the reception of said children in said home or institution.

(7) If a child shall be found to be dependent or neglected, it may be admitted to the State School at Coldwater, between the ages of one and twelve years, provided that children under one year of age and between the ages of twelve and fourteen, may be received by consent of the board of control of such home, and subject to the requirements of the law governing such institutions.

(8) If dependent or neglected, the court may make an order committing the child to the care of some suitable state institution or some training school or industrial school, or some association willing to receive it, embracing in its objects or purpose the caring for and obtaining homes for dependent or neglected children, subject to the requirements of law provided for the government of such institutions.

(9) The court shall, where the health or condition of the child require, cause it to be placed in a public hos pital, or an institution for treatment or special care, the expense to be paid from the general fund of the county of which the child is a resident.

A list of the institutions which have been approved by the State Board of Corrections and Charities will be furnished on application to the secretary of that board.

P. A. 1913, P. 445 An important provision is made by the law of 1913, that if the court shall find that the mother of

such dependent or neglected child is unmarried, or is a widow, or has been deserted by her husband, or if married, has been divorced, and is poor and unable to properly care and provide for said child, but is otherwise a proper guardian, and it is for the welfare of such child to remain in the custody of his mother, the court may enter an order finding such facts and fixing the amount of money necessary to enable the mother to properly care for such child, such amount not to exceed $3.00 per week for each child. The county treasurer is directed to pay from the general fund to such mother, at such time as the order may designate, the amount so specified.

years

P. A. 1907, Ex. Ses. P. 48 No child under the age of twelve shall be committed to any jail or police station. P. A. 1909, P. 764 No child found to be dependent, neglected or delinquent under this law shall be indentured, apprenticed, or otherwise disposed of, except as herein provided, and in no case shall any child under the age of seventeen years be placed in any home by indenture, apprenticeship, adoption, or on trial by any person, corporation, or institution without the written approval of the home, where the child is so placed by the county agent, being filed with the probate court of said county.

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MEDICAL AND SURGICAL TREATMENT

OF CHILDREN

P. A. 1913, P. 529 Whenever any county agent, supervisor, superintendent of the poor, or physician, shall find within his county any child who is deformed, or afflicted with a malady which can be remedied, and whose parents or guardian are unable to provide proper care and treatment, it shall be the duty of such person to make a report of such condition to the probate judge of the county in which such child resides. If upon investigation the judge of probate is satisfied of the facts set forth in the petition, he may enter an order directing that the child be conveyed to the University Hospital at Ann Arbor for free treatment, to be paid for by the state. This act also

provides that the superintendent of the University of Michigan Hospital shall provide for such child a cot or bed, and also designate the clinic to which a patient shall be assigned. Expenses of the investigation, the fee of the county agent, at $3.00 per day; and the fee of the physician of $5.00 for making the examination, and all expenses incurred in conveying such child to and from the hospital shall, when approved by the judge of of probate, be audited by the auditor general, and paid out of the general state fund.

LAWS OF DESCENT OF REAL PROPERTY

OF INTESTATE

By Hon. K. P. Rockwell, Judge of Probate of Oakland County.

In the probation of estates and the determination of heirs it is necessary to know what the law was at the time of the death of the deceased. Oftentimes through carelessness or neglect of the heirs estates are not probated or heirs determined for a number of years after the death of the deceased, and as the law contemplates that in intestate estates the real estate of which the deceased died seized should be assigned to his heirs at the time of his death, I have arranged all the different statutes of descent which have from time to time prevailed in Michigan, together with notes of some of the Supreme Court decisions effecting or construing the statutes.

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STATUTES OF DESCENT

The statute of descent is the only existing law on the subject.

The common law of descent has never been our law.

Keeler vs. Dawson, 73 M., 603.

The rules of inheritance are all the creatures of law and, except as to rights already vested, may be changed and modified at pleasure. (Crane vs. Reeder 21 M., 73.)

Ordinance of 1787.

(Although by the treaty of 1783 the territory now including the State of Michigan was supposed to have passed into the control of the United States, it did not, in fact, come under the jurisdiction of this country until the evacuation of Detroit on July 11, 1796, by the British, and consequently the ordinance of 1787 did not become operative here until that date.)

Abbott vs. Godfrey, 1 M., 181.

An Ordinance for the Government of the Territory of the United States northwest of the River Ohio.

July 13, 1787, to January 31, 1809.

In Congress, July 13, 1787. (2) Be it Ordained, That the estates, both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to and be distributed among their children and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild, to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased parents' share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the legislature of the district.

Vol. 2, page 20 Jan. 31, 1809 to Jan. 19, 1811

TERRITORIAL LAWS

Sec. 27. And be it Enacted, That the real estates, both of resident and nonresident proprietors, within this territory, dying intestate, shall descend to and be distributed among their children, and the descendants of a deceased child, in equal parts, the descendants of a deceased child, or grandchild, to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother of the intestate,shall have in equal parts among them, their deceased parents' share, and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate a third part of the real estate for life, and one-third part of the personal estate; and for want of legal heirs the estate of an intestate shall escheat to the territory.

Adopted January 31, 1809.

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