Expenses, how paid. County administrator. Expenses allowed. Administra ing as public administrator. His actual and necessary traveling expenses shall be allowed and paid in the same manner as other accounts of like nature are allowed and paid, and he shall be provided with such stationery, blanks and books of accounts as may be necessary in the performance of the duties of his office. The public administrator for the state may appoint in any county of the state, whenever he shall deem it necessary, a person qualified and competent to administer estates of decedents, to act and hold office during the pleasure of the public administrator of the state, as a public administrator for the county in which such person is so appointed to act. Such public administrator shall not receive any salary nor other emoluments of office, but shall be allowed all necessary expenses incurred by him in the administration of any estate on which letters of administration are issued to him, together with such commissions and allowances as are authorized to be paid to an administrator. SEC. 2. The administration of the estate of a person dying tion of estate, intestate shall be granted to the public administrator for the state in the following instances: when granted. No heirs. No widow, etc. First, Whenever it appears that the decedent died leaving no known heirs. Second, Whenever there is no widow, husband or next of kin entitled to a distributive share in the estate of the decedent, resident in the United States, competent or willing Proviso, when to take out letters of administration on such estate: Proletters of ad- vided, That whenever the public administrator of the state ministration issued to county administrator. General bond. shall file with the probate court of any county a copy, certified by the said public administrator, of the appointment of a public administrator, duly appointed under the provisions of this act, to act in the county in which the certificate is so filed, then letters of administration on such estates shall, instead of being issued and granted to the public administrator of the state, be granted and issued to a public administrator of that county, and he shall be entitled to receive the same. SEC. 3. Instead of a separate bond for each estate, the public administrator of the state shall give a general bond running to the people of the state of Michigan, conditioned for the faithful administration of all estates on which letters of administration may be granted to him, which bond shall be in the penal sum of ten thousand dollars with sufficient surety or sureties to be approved by the governor. Every ministrator to public administrator in and for any county, before he enters upon the execution of his trust, and before letters of administration shall be granted to him, shall give a bond in each separate estate to the judge of probate with such surety or sureties as he shall direct and approve, with the same conditions as required in the case of an executor, with such variations only as may be considered to make it applicable to the case of an administrator. County ad give bond to Powers and authority. SEC. 4. Public administrators shall have all the powers and authority of an administrator now or hereafter conferred ministrator, by law, and shall be subject to the same obligations and liabilities in the administering of estates under their control. It is the intent of this act that all estates coming within the control and supervision of public administrators shall be administered in like manner as other estates of decedents are or may be administered, except only as herein provided. SEC. 5. When by reason of delay in granting letters of Special adadministration or when the estate is being dissipated or liable when to become dissipated, or when from any other cause it is appointed. deemed expedient by the judge of probate to preserve said estate, he may appoint the public administrator as special administrator of said estate, and issue letters of special administration to him, and upon receipt of his letters the public administrator shall have all the power and authority now or hereafter conferred by law, and shall be subject to the same obligations and liabilities as are imposed upon special administrators. etc., when board of SEC. 6. Whenever any estate has been fully and com- Property, pletely administered by the probate court having jurisdiction turned over thereof, and the residue of the estate shall have been assigned to state to the people of the state of Michigan as an escheated estate, escheats. the public administrator shall turn over to the state board of escheats all property effects and credits which shall be so assigned by order of the court, together with a certified copy of his final account and the order of the court assigning the residue, and such other papers as may be required, and shall receive from said board receipts therefor, in duplicate, one to be filed with the court in the cause and the other to be preserved by him. No public administrator shall directly or indirectly, in any manner whatsoever, acquire any interest in, or bargain for, any benefits from any of the property that may come into his control or possession as such administrator. filled. SEC. 7. In case of a vacancy occurring in said offices from Vacancy, how any cause, it shall be the duty of the person empowered to act, to fill such vacancy forthwith and to notify each probate court in which estates are pending and under the administration of the public administrator of such appointment. Upon qualification for such office the succeeding public administrator shall be the administrator of each unclosed estate to which his predecessor was appointed administrator, and such successor shall be entitled to all the property, books, papers and records pertaining to such administration. The bond of such predecessor may be continued as the bond Bond to be of the new appointee with the consent of the surety or sureties thereon but in the event of a new bond being filed, the surety, if a corporation, shall refund the unearned premium on such cancelled bond. continued. SEC. 8. Public administrators shall not co-mingle the Unlawful to co-mingle property and funds of the estates of which they are adminis- funds, etc. trators, with their own or with any other property or funds excepting that they may carry the money of all the unclosed Heir, etc., not to administer estate. Expense, allowance of. Moneys turned over to state treasurer. Access to property, etc. Act repealed. estates in one or more bank accounts, and any interest on such accounts shall be prorated among each such estate contributing to such common bank account. SEC. 9. When, after the appointment of a public administrator as administrator of any estate, it shall appear that the decedent left surviving, any heir or next of kin, competent and willing to administer the estate, the public administrator shall nevertheless continue as the administrator of such estate. The court in making the order assigning the residue of any estate administered by the public administrator of the state in which the residue is not assigned to the state of Michigan as an escheated estate, shall first allow and order paid to the public administrator of the state out of the residue of such estate all of the expenses incurred by the state public administrator with relation to such estate together with such commissions and allowances as are authorized to be paid to the administrator. All moneys so paid to the public administrator of the state shall be turned over by him to the state treasurer. Such money so received by the state treasurer shall be placed to the credit of the general fund of the state. SEC. 10. The public administrator of the state shall at all times have access to and the right to inspect all property, books, papers and records pertaining to any and all estates on which letters of administration shall have been issued to any public administrator in this state, and to require of and receive from any such public administrator a certified copy of all inventories, letters, accounts and orders pertaining to any such estate. SEC. 11. Act number three hundred forty-six of the public acts of nineteen hundred twenty-one is hereby repealed except that all letters of administration issued to the public administrator under and by virtue of said act shall be continued as valid and such public administrator shall continue to act as administrator of such estates subject to the provisions of this act. SEC. 12. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. Approved March 30, 1923. [No. 16.] AN ACT to amend the title and sections one, three, eight, ten, thirteen and fourteen of act number forty-six of the public acts of nineteen hundred twenty-one, entitled "An act to protect the title of motor vehicles and trailers within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles and trailers stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the secretary of state hereunder; and to provide penalties for violation of the provisions hereof," approved April thirteen, nineteen hundred twenty-one. The People of the State of Michigan enact: sections SECTION 1. The title and sections one, three, eight, ten, Title and thirteen and fourteen of act number forty-six of the public amended. acts of nineteen hundred twenty-one, entitled "An act to protect the title of motor vehicles and trailers within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles and trailers stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the secretary of state hereunder; and to provide penalties for violation of the provisions hereof," approved April thirteen, nineteen hundred twenty-one, are hereby amended to read as follows: TITLE An Act to protect the title of motor vehicles within this state; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the secretary of state hereunder; and to provide penalties for violation of the provisions hereof. SECTION 1. Definitions. The words and phrases used in Definitions. this act shall be construed as follows, unless the context may otherwise require: (a) The term "motor vehicle" shall include all vehicles "Motor impelled by power other than muscular power except motor vehicle.” Proviso. "State." "Owner." "Vehicle." "Tleed vehicle." "Manufacturer." "Dealer." Assignment of certificate of title. Duty of purchaser. cycles operated by policemen or firemen when on official business, also all motor vehicles, including trucks owned and operated by municipalities, or by the state, or by any state institution: Provided, That the same shall be designated by proper signs in which department of said municipality or state, or institution, said trucks or other motor vehicles are employed, traction engines, road rollers, fire wagons, fire engines, police patrol wagons and such vehicles as run only upon rails or tracks. (b) The term "state" as used in this act, except where otherwise expressly provided, shall also include the territories and the federal districts of the United States. (c) The term "owner" shall also include any person, firm, association or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period of greater than thirty days. (d) "Vehicle." Any motor vehicle as herein defined. (e) "Used vehicle." A motor vehicle which has been sold, bargained, exchanged, given away or title transferred from, the person who first took title to it from the manufacturer or importer, dealer or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second hand" within the ordinary meaning thereof. (f) "Manufacturer." A person, firm, corporation or association engaged in the manufacture of new motor vehicles, trailers, or semi-trailers, as a regular business. (g) "Dealer." Any person, firm, corporation or associa tion engaged in the purchase and sale of motor vehicles, trailers or semi-trailers, or in the leasing of the same for a period of thirty or more successive days. SEC. 3. In the event of the sale or other transfer after October first, nineteen hundred twenty-one, of the ownership of a motor vehicle for which a certificate of title has been issued as aforesaid, the holder of such certificate shall endorse on the back of same an assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on said motor vehicle, sworn to before a notary public or some other person authorized by law to take acknowledgments, and deliver the same to the purchaser or transferee at the time of the delivery to him of such motor vehicle. The purchaser or transferee, unless such person is a dealer licensed under section fourteen of this act, shall, within ten days thereafter, present such certificate, assigned as aforesaid, to the secretary of state, accompanied by a fee of one dollar, whereupon a new certificate of title Sale of motor shall be issued to the assignee. Said licensed dealer shall, on selling or otherwise disposing of said motor vehicle, execute and deliver to the purchaser thereof an affidavit of conveyance or assignment in such form as the secretary of Purchaser to state shall prescribe, to which shall be attached the assigned certificate of title received by such dealer. Thereupon the purchaser of said motor vehicle shall apply for and receive vehicle by dealer. apply for certificate of title. |