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Visitorial, etc., power over hospitals, etc.

Inspection, when made.

Report to governor.

Transfer of persons committed.

of this act shall not be deemed to create a vacancy in any of the said offices, but every such medical superintendent, superintendent and warden shall hereafter hold office during the pleasure of the Governor.

SEC. 11. The director of the State Welfare Department and the State Hospital Commission, or any member or agent appointed by either of them, shall have supervisory and visitorial powers over every private hospital, institution or other home in which persons mentally diseased are treated or kept in custody under contract of hire or under the commitment of any court within this state; shall have the right to enter any such place at reasonable hours for the purpose of inspection of the patients or the equipment therein; and shall make a written report of each such inspection for the records of the State Welfare Department. A complete inspection of each such place shall be made under the direction of the State Hospital Commission during the eighteen months next succeeding the passage of this act, and such commission shall make a report of the same to the Governor with its recommendations as to legislation necessary for the better protection of the patients therein, which report shall be laid before the legislature.

SEC. 12. The director of the State Welfare Department is hereby authorized to transfer any person committed to any of the state institutions, excepting to or from the state prisons or House of Correction, and excepting pupils attending the School for the Blind, School for the Deaf and the Employment Institution for the Blind, from the institution to which committed, to any other class of institution within the jurisdiction of the State Welfare Department, and with its apWhen made. proval. Such transfer may be made in all cases where the condition of the ward will be materially benefited either mentally or physically thereby, where the accommodations of the institution to which such person was committed are not adequate, and where through development of the mental or physical ailment or defect such transfer is deemed advisable and beneficial. No such person shall, however, be transferred to the Industrial Home for Girls nor to the Industrial School for Boys by virtue of this section. The original commitment shall be deemed to be in full force and effect for the purpose of retaining such person in the custody of the state. In all cases where any person has been committed to any institution embraced within the jurisdiction of the State Welfare Department, the relation of guardian and ward as between the state and such committed person respectively shall be deemed to ensue, excepting that the state shall not be deemed to be the guardian of the estate of any such person, and excepting also that in the case of persons attending the School for the Deaf, the School for the Blind, and the Employment Institution for the Blind, the state shall stand in the rela

tion of parent to each such persons, for the purpose only of education and training.

may perform

SEC. 13. In any case where, in the judgment of the super- When inmates intendent of the Michigan Home and Training School, or of labor. the Michigan Farm Colony for Epileptics, or of the State Public School, any person committed thereto is competent mentally and capable physically of performing useful labor for hire without such institution, but has not yet fully regained a normal mental or physical state, and where in the judg ment of such superintendent it would be better for the welfare of such person to be released from the institution temporarily in order to engage in such labor, and when application has been made to such superintendent by the responsi ble head of some family to take such person into his or her employ, under suitable conditions of employment and environment, such superintendent may, under such rules and regulations as may be prescribed by the State Welfare Commission, proceed to place such person in the care and custody of the head of such family, for such period of time as may be agreed upon, but not for more than yearly periods without renewal of the agreements and the consent of the State Welfare Commission. During such period of employment, the original commitment shall remain in full force and effect. The super- Weekly intendent of such institution shall require weekly reports from the person in whose employment such inmate was temporarily placed, and shall forward such reports to the director of the department at Lansing. Such employment may be When emterminated at any time in the interests of the person so placed terminated. out, either by the superintendent or by the State Welfare Commission, in which case the ward shall be immediately returned to the institution at the expense of the state. case of the illness of such ward, during such temporary employment, the state shall furnish necessary care, medical attendance, and in case of death shall pay the expenses incident to burial, to the same extent as if such ward had remained within such institution.

In

reports.

ployment

of prisoners.

SEC. 14. The State Prison Commission, under such rules Classification and regulations as shall be made by it and approved by the Governor, shall have authority and it shall be its duty to classify the prisoners in the several state prisons and reformatories with respect to age, character of offense committed, behavior, adaptability and other characteristics, and to cause the segregation of such prisoners in accordance with such classification as far as practicable. Such commission shall, Transfer. upon the order of the Governor, cause the transfer or re-transfer of any prisoner, from any of the said prisons or reformatories to which committed to any other of such prisons or reformatories, or temporarily to any state institution for medical or surgical treatment, and to place any prisoner, whose record for good conduct warrants the same, in any suitable quarters pertaining to the prison property without

Appropriations not affected.

Appropriation.

Proviso.

Laws repealed.

Biennial appropriations.

Tax clause.

the prison walls, under such suitable restrictions and upon such an honor system as shall be approved and directed by the Governor.

SEC. 15. This act shall not be construed as affecting any appropriation heretofore made for the support and maintenance of any of the state institutions embraced within the provisions of this act, and all existing appropriations for the compensation and personal expense of the various members. of the boards whose offices are abolished by this act shall continue in effect until the end of the present fiscal year.

SEC. 16. There is hereby appropriated out of any moneys in the general fund not otherwise appropriated, such sum as may be necessary to pay the compensation and expenses of establishing the State Welfare Department, the officers and employes thereof, and of the several commissions created by this act, until the end of the current fiscal year: Provided, That the use of such appropriation shall be as hereafter limited by regulations to be made by the State Administrative Board.

SEC. 17. So much of the laws of this state establishing and governing the several state institutions embraced within the provisions of this act, and of the laws relating to the Board of Corrections and Charities, as are inconsistent with the provisions of this act, are hereby repealed from and after the time fixed for the succession to take effect as prescribed in section eight hereof.

SEC. 18. There is hereby appropriated out of any money in the general fund for the expense of the State Welfare Department, for the fiscal year ending June thirty, nineteen hundred twenty-two, the sum of eight thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-three, the sum of eight thousand dollars.

SEC. 19. The Auditor General shall incorporate in the state tax for the years nineteen hundred twenty-one and nineteen hundred twenty-two, sufficient amounts to reimburse the general fund for the appropriation hereby made. The expenses of the State Hospital, the State Prison, the State Corrections and the State Institute Commissions within said State Welfare Department shall be paid out of any moneys of the general fund not otherwise appropriated.

SEC. 20. This act is deemed to be immediately necessary for the public peace, health and safety.

This act is ordered to take immediate effect.
Approved May 17, 1921.

[No. 164.]

AN ACT to amend section two of house enrolled act number nineteen, of the Public Acts of nineteen hundred twentyone, entitled "An act to provide for the protection and conservation of the natural resources of the state; to create a Conservation Department; to define the powers and duties thereof; to provide for the transfer to said department of the powers and duties now vested by law in certain boards, commissions and officers of the state; and for the abolishing of the boards, commissions and offices the powers and duties of which are hereby transferred," approved March thirtieth, nineteen hundred twenty-one.

The People of the State of Michigan enact:

amended.

SECTION 1. Section two of house enrolled act number Section nineteen of the Public Acts of nineteen hundred twenty-one, entitled "An act to provide for the protection and conservation of the natural resources of the state; to create a Conservation Department; to define the powers and duties thereof; to provide for the transfer to said department of the powers and duties now vested by law in certain boards, commissions and officers of the state; and for the abolishing of the boards, commissions and offices the powers and duties of which are hereby transferred," approved March thirtieth, nineteen hundred twenty-one, is hereby amended to read as follows:

duties transferred.

etc., abol

SEC. 2. The powers and duties now vested by law in the Powers and Public Domain Commission, the State Game, Fish and Forest Fire Commissioner, the State Board of Fish Commissioners, the Board of Geological Survey, and the Michigan State Park Commission are hereby transferred to and vested in the Department of Conservation. Whenever, in any law of the state, reference is made to any board, commission or officer whose powers and duties are thus transferred, reference shall be deemed to be made to the Department of Conservation. On the taking effect of this act the Public Domain Commis- Commissions, sion, the State Board of Fish Commissioners, the Board of ished. Geological Survey, the Michigan State Park Commission, and the office of State Game, Fish and Forest Fire Warden shall be abolished; and all records, files and papers of every nature pertaining to the functions thereof shall be turned over to the Department of Conservation, to be preserved as a part of the records and files of the department hereby created. Any hearing or other proceeding pending before any com- Hearings, mission or board hereby abolished shall not be abated but abated. shall be carried on and determined by the Commission of Conservation in accordance with the provisions of the law governing such hearing and proceeding. The commission hereby created may adopt such rules and regulations, not

etc., not

inconsistent with law, governing its organization and procedure, and the administration of the provisions of this act, as may be deemed expedient.

Approved May 17, 1921.

Section amended.

County treasurer to keep account.

Sale of real estate on execution.

[No. 165.]

AN ACT to amend section forty of chapter thirty-five of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand four hundred thirtytwo of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section forty of chapter thirty-five of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section thirteen thousand four hundred thirty-two of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 40. Every county treasurer shall keep an accurate account of all moneys paid to him on account of fines, penalties, and forfeitures, and shall credit all fines for the violation of the penal laws to the library fund and all other fines, penalties and forfeitures to the general fund; and he shall account therefor to the board of supervisors at each annual meeting of such board. And in case of the sale of any real estate upon an execution upon judgment rendered

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