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Section amended.

County agent

delinquents.

[No. 164.]

AN ACT to amend section five of act number three hundred ten of the public acts of nineteen hundred nine, entitled "An act to amend sections one, five, nine, eleven and thirteen of act number six of the public acts of the extra session of the legislature of nineteen hundred seven, entitled 'An act to define and to regulate the treatment and control of dependent, neglected and delinquent children; to prescribe the jurisdiction of the probate courts and the powers, duties and compensation of the probate judges with regard thereto; to provide for the appointment of county agents and probation officers and to prescribe their powers, duties and compensation.""

The People of the State of Michigan enact:

SECTION 1. Section five of act number three hundred ten of the public acts of nineteen hundred nine, entitled "An act to amend sections one, five, nine, eleven and thirteen of act number six of the public acts of the extra session of the legislature of nineteen hundred seven, entitled 'An act to define and to regulate the treatment and control of dependent, neglected and delinquent children; to prescribe the jurisdiction of the probate courts and the powers, duties and compensation of the probate judges with regard thereto; to provide for the appointment of county agents and probation officers and to prescribe their powers, duties and compensation,'" is hereby amended to read as follows:

SEC. 5. Upon the filing with the court of a sworn petition to investigate setting forth upon knowledge or upon information and belief, the facts showing that any child resident in said county is a delinquent, dependent or neglected child within the meaning of section one of this act, the court may, before any further proceeding is had in the matter, give notice thereof to said county agent or to a duly appointed probation officer, who shall have opportunity allowed him to investigate the facts and circumstances surrounding the case, and upon receiving such notice the said officer shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child and all the facts and circumstances of the case, and report the same to the said court in writing. If after a full investigation it shall appear to the court that the public interest and the interest of the child will be best subserved thereby, a summons shall issue reciting the sub stance of the petition and requiring the person having custody or control of the child, or with whom the child may be, to appear with the child at a place and time which shall be stated in the summons; and if such person is other than the parent or guardian of such child, then said parent or guar

Issue of sum

mons.

The court Court to notify

dian shall be notified of the pendency of the case. shall notify the county agent or probation officer making the county agent. preliminary investigation to attend said trial and act as custodian of said child. When said parents or guardians are non-residents of the county or cannot be found, such notice shall not be required. If any person so summoned as herein contempt of provided shall fail without reasonable cause to appear with court. the child and abide the order of the court, he may be proceeded against for contempt of court, under and in accordance with the provisions of chapters thirty-eight and three hundred one of the Compiled Laws of eighteen hundred ninety-seven. In case the summons cannot be served or parties fail to obey the summons, and in any case when it shall appear to the court that such summons will be ineffectual, upon complaint on oath and in writing, a writ may issue reciting the substance of the complaint and requiring the officer to whom it is directed to bring such child before the court to be dealt with according to law, and said child may be committed to the care of the county agent or probation officer or such other person as the court may designate pending the final disposition of the case. On the return of Return of the summons or writ, or as soon thereafter as may be, the summons or court shall proceed to hear and dispose of the case upon such testimony as may be produced, and if the allegations against the child are proved the court may adjudge said child a delinquent, dependent or neglected child as the case may be, and if it shall appear to the court that the public interest and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents or guardian or friends; of if the offense be mal- Maliciou: treslicious trespass the court may as a condition of probation pass, etc. require the damage to be made good, or if the offense be lar ceny and the stolen property be not restored, the court as a condition of probation may require it to be paid for by the child if it be shown that he is capable of earning the money or has money of his own, or the court may place the child under probation as hereinafter provided, and in all cases the court may decree the child found delinquent, dependent or neglected to be the ward of the court as far as its person is concerned, and in such cases where any child has been decreed to be a ward of the court, the authority of the court over its person shall continue until the court shall otherwise de

cree.

writ.

The judge of probate in each county may appoint one Probate judge or more discreet persons of good character, other than the may appoint probation county agent, to act as probation officers, who shall receive officers. such compensation as the board of supervisors may appropri ate for that purpose. The judge of probate may also appoint other probation officers, who shall receive no compensation from the public treasury for the duties performed under such

appointment. All probation officers shall hold office during Term of office. the pleasure of the court, and shall report to the said court upon all cases under their care and also to the State Board

Child may be sent to industrial

school,

etc.

of Corrections and Charities. The child found delinquent may be placed on probation for such time and upon such condition as the court may determine, and such child so released on probation may be furnished with a written statement of the terms and conditions of release. At any time during the probationary term of a child released on probation as aforesaid, the court may in its discretion revoke or terminate such probation. If the child be found to be wilfully wayward and unmanageable and in any case upon the adjudication of delinquency, if in the judgment of the court the welfare of the child and the interests of the public require, the court may cause him or her to be sent to the Industrial School for Boys at Lansing or the Industrial Home for Girls at Adrian or to any State institution authorized by law to receive such boy or girl, subject to such conditions of sex, age and character of offense for which committed and duration of commitment as is or may be provided by law for the reception of children in said school, home or institution or to any duly incorporated asylum, hospital or home in this State. In such case a duly exemplified copy of the petition, order of disposition in the case and report of the county agent shall accompany said child to the said institution, and the child shall be placed in the care of the county agent, juvenile matron or some reliable person designated by the court, other than the sheriff, to be conveyed to the institution, for which services the same compensation shall be allowed as Proviso, trans- is paid sheriff's in like cases: Provided, That the court may in its discretion transfer the trial of any boy over the age of sixteen years and under the age of seventeen years to the regular circuit, justice or municipal court, and cause a new complaint to be made to conform to the practice of said court.

fer of trial.

Approved April 25, 1911.

Bills of lading.

Date.

Name.

[No. 165.]

AN ACT to provide for uniform bills of lading, to fix the punishment for violations of this act, and to repeal all acts or parts of acts inconsistent herewith.

The People of the State of Michigan enact:

SECTION 1. Bills of lading issued by any common carrier shall be governed by this act.

SEC. 2. Every bill must embody within its written or printed terms:

(a) The date of its issue;

(b) The name of the person from whom the goods have been received;

(c)

The place where the goods have been received;

(d)

The place to which the goods are to be transported; Destination. (e) A statement whether the goods received will be de- To whom sent. livered to a specified person, or to the order of a specified

person;

(f) A description of the goods or of the packages con- Description. taining them which may, however, be in such general terms as are referred to in section twenty-three, and

(g) The signature of the carrier.

carrier.

A negotiable bill shall have the words "order of" printed Liability of thereon immediately before the name of the person upon whose order the goods received are deliverable. A carrier shall be liable to any person injured thereby for the damage caused by the omission from a negotiable bill of any of the provisions required in this section.

bill.

SEC. 3. A carrier may insert in a bill issued by him any Conditions of other terms and conditions, provided that such terms and conditions shall not:

Be contrary to law or public policy; or

tion, care

(b) In any wise impair his obligation to exercise at least Transportathat degree of care in the transportation and safe-keeping of in. the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.

SEC. 4. A bill in which it is stated that the goods are con- Non-negotisigned or destined to a specified person, is a non-negotiable able bill. or straight bill.

bill.

SEC. 5. A bill in which it is stated that the goods are Negotiable consigned or destined to the order of any person named in such bill, is a negotiable or order bill. Any provision in such a bill that it is non-negotiable shall not affect its negotiability within the meaning of this act.

in sets.

SEC. 6. Negotiable bills issued in this State for the trans- Not issued portation of goods to any place in the United States on the continent of North America, except Alaska, shall not be issued in parts or sets. If so issued the carrier issuing them shall be liable for failure to deliver the goods described therein to any one who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts.

bills.

SEC. 7. When more than one negotiable bill is issued in Duplicate this State for the same goods to be transported to any place in the United States on the continent of North America, except Alaska, the word "duplicate" or some other word or words indicating that the document is not an original bill shall be placed plainly upon the face of every such bill, except the one first issued. A carrier shall be liable for the Liable for damage caused by his failure so to do to any one who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill.

damage.

SEC. 8. A non-negotiable bill shall have placed plainly upon Facing of bill. its face by the carrier issuing it "non-negotiable" or "not

Name of person to be notified.

Consignor bound by terms, etc.

Carrier bound to deliver goods, etc.

Failure to deliver.

Delivery of goods.

Liability of carrier.

negotiable." This section shall not apply, however, to memoranda or acknowledgments of an informal character.

SEC. 9. The insertion in a negotiable bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill nor constitute notice to a purchaser thereof of any rights or equities of such person in the goods.

SEC. 10. Except as otherwise provided in this act, where a consignor receives a bill and makes no objection to its terms or conditions at the time he receives it, neither the consignor nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the bill, shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to law or public policy.

SEC. 11. A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods, or if the bill is negotiable, by the holder thereof, if such demand is accompanied by:

(a) An offer in good faith to satisfy the carrier's lawful lien upon the goods;

(b) An offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is negotiable; and

(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier.

In case the carrier refuses or fails to deliver the goods in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure.

SEC. 12. A carrier is justified, subject to the provisions of the three following sections, in delivering goods to one who is

(a) A person lawfully entitled to the possession of the goods; or

(b) The consignee named in a non-negotiable bill for the goods; or

(c) A person in possession of a negotiable bill for the goods by the terms of which the goods are deliverable to his order, or which has been indorsed to him or in blank by the consignee or by the mediate or immediate indorsee of the consignee.

SEC. 13. Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he:

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