visory control of the state administrative board, for secur- This act is ordered to take immediate effect. License and fee. [No. 255.] AN ACT to provide for the licensing and regulation of private employment agencies, to provide a penalty for the violation of said act, and to repeal act number three hundred one of the public acts of nineteen hundred thirteen, same being sections five thousand four hundred fifteen to five thousand four hundred twenty-two inclusive of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. No person, firm or corporation in this state shall open, operate or maintain a private employment agency after the thirty-first day of December, nineteen hundred twenty-five, where a fee is charged to persons seeking em ployment, without first obtaining a license for the same from the commissioner of the department of labor and industry and the fee for such license shall be as follows: In all cities having a population of less than 50,000 $25.00 100,000 $50.00 In all cities having a population between 100,000 and $75.00 In all cities having a population of more than When vold, form, etc. $100.00 such population to be based on and determined by the last preceding federal census for such cities. Every license shall be void after the thirty-first day of December of the year in which it was issued. The form of the license shall be fixed by the commissioner and it shall be non-transferable. The license may be revoked by the commissioner whenever in his judgment, after full hearing, the licensed agency shall have violated any of the provisions of this act. The commissioner of the department of labor and industry is hereby charged with the enforcement of the terms of this act and empowered to make such rules or regulations as are consistent with it and aid in its enforcement and he shall direct copies or excerpts of this act to be kept conspicuously posted in every licensed agency. The commissioner shall turn into the state treasury all fees collected under this act. furnished. SEC. 2. The commissioner, before granting a license, shall Bond to be require each applicant to furnish a bond in the penal sum of one thousand dollars, conditioned that the obliger will not violate any of the provisions of this act: Provided, however, Proviso. That in cities having a population of three hundred thousand or more, each applicant shall furnish a bond in the penal sum of two thousand dollars. Such bond shall be a personal bond with two good and sufficient sureties, to be approved by the prosecuting attorney or the circuit judge of the county in which such employment agency is located and when so approved shall be accepted by the commissioner. The commis- Actions. sioner is authorized to cause an action to be brought on said bond in the name of the people of the state of Michigan for the violation of any of its conditions. If any persons shall be aggrieved because of the violation by such licensed agency of any provision of this act, such person may maintain an action, in his own name, upon the bond of said employment agency in any court having jurisdiction of the amount claimed and located in the county where such employment agency is located. SEC. 3. It shall be the duty of every licensed agency to Register keep a register in which shall be truthfully entered the date of kept. application, age, sex, nativity, trade or occupation, name and address of every person who applies for employment at such agency, the amount of the fee charged and the wages to be paid. Such licensed agency shall also keep a register in which shall be truthfully entered the name and address of every person who applies for help at such agency, the place of proposed employment, the nature of the work to be done and the wages offered. SEC. 4. Every licensed agency shall issue a receipt to To issue each person seeking employment who has paid a fee, which receipt. receipt shall contain the name and address of the agency issuing it, together with all the information regarding the particular transaction hereinbefore required to be entered in both registers of the agency. fees. SEC. 5. The entire fee or fees for the procuring of one Limit of situation or job and for all expenses incidental thereto, to be received by any employment agency, except teachers' employment agencies, from any application for employment at any time, whether for registration or other purposes, shall not exceed ten per cent of the first month's wages. Such ten per cent shall be determined by the monthly rate offered by the applicant for help, regardless of the time during which the applicant for employment remains at the employment procured him. Where a fee is charged if the applicant, Proviso. Fraudulent promises, etc. Penalty for violation. Act repealed. through no fault of his own, does not secure through the employment agency to which the fee has been paid, the employment applied for, said agency shall repay to said applicant, upon demand, the full amount of the fee paid: Provided, however, That nothing in this section shall be construed as forbidding the acceptance of the fee when such fee is returned. at once if the applicant does not secure the position. No registration fee shall be received. SEC. 6. No employment agent or agency shall send an applicant for employment to an employer who has not applied to such agent or agency for help or labor. Nor shall any licensed agency fraudulently promise or deceive, whether through a false notice or advertisement or other means, any applicant for help or employment with regard to the service to be rendered by such licensed agency and every such agency shall be liable civilly to any person who is led to expend money uselessly for transportation or other purposes through the misrepresentations or false promises of such agency. No employment agency or person connected therewith shall direct any person applying for employment to any house of prostitution or immoral resort. No licensed agency shall be conducted in, or in connection with any hotel or roominghouse, nor in any place where intoxicating liquor is sold or kept for sale. SEC. 7. Any person who violates or omits to comply with any provision of this act, or who interferes in any manner with the department of labor and industry or any duly authorized representative thereof in its enforcement shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by an imprisonment for not less than ten or more than ninety days or by both such fine and imprisonment in the discretion of the court. SEC. 8. Act number three hundred one of the public acts of nineteen hundred thirteen, being sections five thousand four hundred fifteen to five thousand four hundred twentytwo inclusive of the compiled laws of nineteen hundred fifteen, is hereby repealed. Approved May 13, 1925. [No. 256.] AN ACT to amend the title of act number one hundred twenty-four of the public acts of eighteen hundred eightythree, entitled "An act to authorize cities and villages to take private property for the use or benefit of the public, and to repeal act number twenty-six of the public acts of eighteen hundred eighty-two," as amended, being sections three thousand three hundred seventy-six to three thousand four hundred, inclusive, of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: amended. SECTION 1. The title of act number one hundred twenty- Title four of the public acts of eighteen hundred eighty-three, entitled "An act to authorize cities and villages to take private property for the use or benefit of the public, and to repeal act number twenty-six of the public acts of eighteen hundred eighty-two," as amended, being section three thousand three hundred seventy-six to three thousand four hundred, inclusive, of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: TITLE An Act to authorize cities, villages and counties to take private property for the use or benefit of the public, and to repeal act number twenty-six of the public acts of eighteen hundred eighty-two. Approved May 13, 1925. [No. 257.] AN ACT to amend section fifteen of chapter thirty of act number three hundred fourteen of the public acts of nineteen hundred fifteen. "The judicature act of nineteen hundred fifteen," being section thirteen thousand two hundred forty-three of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred twenty of the public acts of nineteen hundred twenty-three, and to add to said chapter thirty of act number three hundred fourteen of the public acts of nineteen hundred fifteen a new section to be known as section thirty, and to repeal sections fifteen-a, fifteen-b and fifteen-c of said chapter. The People of the State of Michigan enact: SECTION 1. Section fifteen of chapter thirty of act num- Section ber three hundred fourteen of the public acts of nineteen amended. hundred fifteen, "The judicature act of nineteen hundred Section added. Service of summons. fifteen," being section thirteen thousand two hundred fortythree of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred twenty of the public acts of nineteen hundred twenty-three, is hereby amended, and a new section is added to said chapter thirty to be known as section thirty, said amended and added sections to read as follows: SEC. 15. The officer to whom such summons shall be delivered shall serve the same, if returnable in not more than six days, at least two days before the time of appearance mentioned therein, by delivering to the defendant, if to be found within the county, a copy thereof, but if the defendant shall not be found, it shall be served, by leaving such copy at the usual place of abode of such defendant, in the presence of some person of suitable age, who shall be informed of its contents, but if the summons shall be returnable in not less than fifteen days, the summons shall be served at least ten days before the time of appearance mentioned therein, by delivering to the defendant, if to be found within the state, a copy thereof, and in cases where the summons may be served outside of the county, a sheriff or constable of any county shall serve same. Service upon any or all of the defendants may be made under any of the original summons, but no more costs shall be taxed in respect to the service of such writs than if but one original shall have been issued. If it appear by the return of the officer that the summons was not served in the manner above provided, the plaintiff may take out a new summons against the defendant, in continuance of his suit, returnable as provided in the case of the original summons, which shall be served in the same manner and withWhen cause in the same period as the original summons. The officer continued. Order for appearance. before whom the complaint is filed may continue the cause, from time to time upon proof by affidavit filed with the officer before whom the complaint was filed of any of the following facts: First, That the defendant resides out of the state; Second, That the defendant is a resident of this state, and that process for his appearance has been duly issued and that the same could not be served by reason of his absence from or concealment within this state, or by reason of his continued absence from his place of residence; Third, That it cannot be ascertained in what state or country the defendant resides. The officer before whom the complaint was filed shall make an order for the appearance of such defendant, within thirty-five days from the date of said order, which shall contain the time and place set for the hearing of said complaint, the names of the parties in the action, the name of the court before whom the action is pending, and a description of the property set forth in the complaint. Such order shall be published within twelve days after it shall have been made, in some newspaper printed and circulating in |