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effective.

practicing.

filed in the office of the clerk of the supreme court, who shall make suitable entry thereof in the register of attorneys and counselors, kept by him in pursuance of section fifty-two of this chapter. Such removal or suspension shall take effect When only upon filing with the clerk of the supreme court the certified copy thereof, as herein provided. Any person so Penalty for removed or suspended, who shall, while such disability exists, hold himself out to the public or represent himself to any person as authorized to practice in any of the courts of this state, or who shall practice or attempt to practice, or appear as attorney or counselor for any party other than himself in any of said courts, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars, or by imprisonment in the county jail not more than three months, or by both such fine and imprisonment in the discretion of the court.

Approved March 6, 1923.

[No. 5.]

AN ACT to amend section one of act number three hundred forty-eight of the public acts of nineteen hundred seventeen, entitled "An act to bar debts and obligations against deceased persons and the estates of deceased persons, in certain cases, and to repeal act number two hundred fiftysix of the public acts of nineteen hundred fifteen, the same being compilers' section fourteen thousand six hundred twenty of the compiled laws of nineteen hundred fifteen, and all acts or parts of acts inconsistent with the provisions of this act," approved May ten, nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section one of act number three hundred forty- Section amended. eight of the public acts of nineteen hundred seventeen, entitled "An act to bar debts and obligations against deceased persons and the estates of deceased persons, in certain cases, and to repeal act number two hundred fifty-six of the public acts of nineteen hundred fifteen, the same being compilers' section fourteen thousand six hundred twenty of the compiled laws of nineteen hundred fifteen, and all acts or parts of acts inconsistent with the provisions of this act," approved May ten, nineteen hundred seventeen, is hereby amended to read as follows:

SEC. 1. All debts and obligations contracted by any person When in his lifetime, and any debts and obligations for which he barred.

claims

Proviso,
time allowed
for presenta-
tion.

was liable in his lifetime, or for which his estate has become liable, shall be barred after ten years from the date of his death, unless presented to the probate court, or to commissioners on claims appointed by said court, as provided by law, or in accordance with the rules of practice of said court, or unless sooner barred by law, notwithstanding that no proceedings shall have been taken to probate such estate: Provided, That in case any decedent shall have been deceased ten years or more when this act shall take effect, or said ten years shall have expired after and within three months after this act takes effect, leaving any debt or obligation unsatisfied and not otherwise barred by law, the owner of the debt or obligation may present such debt or obligation against the estate of such deceased person in the probate court within six months after this act shall take effect, or such debt or obligation shall be forever barred.

Approved March 9, 1923.

Section amended.

Additional assessment to meet

deficit, etc.

Apportion

ment, etc.

[No. 6.]

AN ACT to amend section nine of chapter five of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand nine hundred thirteen of the compiled laws of nineteen hundred fifteen, as amended by act number sixteen of the public acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

SECTION 1. Section nine of chapter five of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand nine hundred thirteen of the compiled laws of nineteen hundred fifteen, as amended by act number sixteen of the public acts of nineteen hundred nineteen, is hereby amended to read as follows:

SEC. 9. Whenever the amount assessed for the construction of any drain shall not be sufficient to complete the same, and to pay all the costs and incidental expenses or to pay the principal and interest on bonds if such are issued, a further assessment shall be made to meet the deficit or additional expense. Such further assessment shall be apportioned, assessed, levied and collected as provided in the first instance, and on the same percentage, and shall be collected in one

when district

year, but there shall be no review of nor appeal from such
further assessment: Provided, That whenever by reason of Proviso.
the embezzlement or other wrongful act of any county official defrauded.
or by reason of the conspiracy of any county official with any
other person or persons, to defraud any drainage district,
township or county, there shall be any deficiency as aforesaid,
the board of supervisors of any county traversed by the drain.
may provide for the payment, out of the general fund of the
county, of all or any part of such additional assessment as
may be apportioned to that part of the drainage district
within such county: Provided further, That this provision Further
shall have no force nor effect after January one, nineteen proviso,
hundred twenty-five.

This act is ordered to take immediate effect.
Approved March 19, 1923.

period effective.

[No. 7.]

AN ACT to amend section six of chapter eighty-three of the revised statutes of eighteen hundred forty-six, entitled "Of marriage and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

amended.

SECTION 1. Section six of chapter eighty-three of the revised Section statutes of eighteen hundred forty-six, entitled "Of marriage and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

contracting

SEC. 6. No insane person, idiot, or person who has been who inafflicted with syphilis or gonorrhoea and has not been cured of capable of the same, shall be capable of contracting marriage. All mar- marriage. riages heretofore contracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law for all purposes; and the issues of such marriages shall be deemed and taken as legitimate as to such issue and as to both of the parents. Any person who has been Felony, afflicted of syphilis or gonorrhoea and has not been cured of what deemed. same, who shall marry shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than five hundred dollars Penalty. nor more than one thousand dollars, or by imprisonment in the state prison at Jackson not more than five years or by both such fine and imprisonment in the discretion of the court: Provided, That in all prosecutions under this act a husband Proviso. shall be examined as a witness against his wife and a wife shall be examined as a witness against her husband whether

Further proviso.

Feeble

minded, etc.

Inter

marriage with insane,

etc., person deemed felony.

Penalty.

such husband or wife consent or not: And provided further, That in all cases arising under this act any physician who has attended or prescribed for any husband or wife for either of the diseases above mentioned shall be compelled to testify to any facts found by him from such attendance. No person who has been confined in any public institution or asylum as an epileptic, feeble-minded, imbecile or insane patient, or who has been adjudged insane, feeble-minded, an epileptic or an imbecile by a court of competent jurisdiction shall be capable of contracting marriage without, before the issuance by the county clerk of the license to marry, filing in the office of the said county clerk a verified certificate from two regularly licensed physicians of this state that such person has been completely cured of such insanity, epilepsy, imbecility, or feeble-mindedness and that there is no probability that such person will transmit any of such defects or disabilities to the issue of such marriage. Any person of sound mind who shall intermarry with such insane person or idiot or person who has been so confined as an epileptic, feeble-minded, imbecile, or insane patient or who has been so adjudged insane, feebleminded, an epileptic or an imbecile, except upon the filing of certificate as herein provided, with knowledge of the disability of such person, or who shall advise, aid, abet, cause, procure or assist in procuring any such marriage contrary to the provisions of this section shall be deemed guilty of a felony and on conviction thereof in any court of competent jurisdiction shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison at Jackson not less than one year nor more than five years, or by both such fine and imprisonment in the discretion of the court. Approved March 23, 1923.

Sections amended.

[No. 8.]

AN ACT to amend sections six, seven and ten of chapter fifteen of the revised statutes of eighteen hundred forty-six entitled "Of resignations, vacancies and removals, and of supplying vacancies," being sections two hundred forty-five, two hundred forty-six and two hundred forty-nine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred forty-five of the public acts of nineteen hundred twenty-one.

The People of the State of Michigan enact:

SECTION 1. Sections six, seven and ten of chapter fifteen of the revised statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," being sections two hundred forty-five, two hundred

forty-six, and two hundred forty-nine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred forty-five of the public acts of nineteen hundred twenty-one, are hereby amended to read as follows:

governor

certain

be in writing.

SEC. 6. The governor may remove any and all county offi- When cers; and shall also remove all justices of the peace and town- may remove ship officers chosen by the electors of any township; or city officers. or village officers chosen by the electors of any city or village, or any ward or voting district thereof, when he shall be satisfied from sufficient evidence submitted to him, as hereinafter provided, that such officer has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this state that such officer, after his election or appointment, shall have been convicted of a felony; but the governor shall take no action upon any such charges made to him against any such officer until the same Charges to shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true. But no such officer shall be removed for such misconduct or neglect until charges thereof shall have been exhibited to the governor as above provided and a copy of the same served on such officer and an opportunity given him of being heard in his defense: Provided, That the service Proviso, of such charges upon the person or persons complained against shall be made by handing to such person or persons a copy of such charges, together with all affidavits or exhibits which may be attached to the original petition if such person or persons can be found; and if not, by leaving a copy at the last place of residence of such person or persons, with some person of suitable age, if such person can be found; and if not, by posting it in some conspicuous place upon his last known place of residence. No officer who has been removed in accordance with the provisions of this section shall be eligible to election or appointment to any office for a period of three years from the date of such removal.

service.

SEC. 7. The governor may direct the attorney general or Inquiry. the prosecuting attorney of the county in which such officer may be, unless such prosecuting attorney be the officer charged, to conduct and inquire into the charges made, and Notice. the said attorney general or such prosecuting attorney shall thereupon give at least eight days' notice to the officer accused of the time and place at which he will proceed to the examination of witnesses in relation to such charges before some circuit court commissioner or judge of probate for the same county, or any judge of probate who may be appointed by the governor for such purpose, and he shall also, at the time of giving such notice, serve upon the officer accused a copy of such charges: Provided, however, That if the judge of Proviso, probate so appointed resides other than in the county in which tion of probate the accused resides, such judge of probate shall be paid by judge.

compensa

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