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the county where the complaint was filed, or such other newspaper as said officer may direct, once in each week for three successive weeks. A copy of such order shall be mailed to said defendant at his last known postoffice address, by registered mail and a return receipt demanded, at least ten days prior to the time of appearance mentioned therein, and proof by affidavit shall be required of such mailing, and whether or not a return receipt was received, and if one was received, it shall be attached to said affidavit.

fee.

SEC. 30. In all actions before a circuit court commissioner, Attorney based on a complaint that the defendant or defendants hold the lands or tenements described in said complaint contrary to the conditions or covenants of any executory contract for the purchase of lands or tenements, the prevailing party, in addition to all other costs allowed by law, if represented by a regularly licensed attorney and counsellor, shall be entitled to tax the sum of five dollars as an attorney fee, which shall be collected in like manner as other taxed costs.

repealed.

SEC. 2. Sections fifteen-a, fifteen-b, and fifteen-c of chapter Sections thirty of act number three hundred fourteen of the public acts of nineteen hundred fifteen are hereby repealed. Approved May 13, 1925.

[No. 258.]

AN ACT to provide for the sale of any lands heretofore or hereafter conveyed for any religious, educational, charitable, benevolent or public use or purpose, and the reinvestment of the proceeds of such sale in other lands subject to the same conditions as to the use or purpose set forth in the original conveyance, whenever, because of changed conditions or circumstances, it is impossible or impractical to hold or use said lands for the use or purpose set forth in such conveyance.

The People of the State of Michigan enact:

filing, etc.

SECTION 1. Whenever any lands shall heretofore or here- Bill of after be conveyed by any grant or devise to be held or used complaint, for any religious, educational, charitable, benevolent or public purpose, with a condition annexed in the instrument of conveyance that in event said lands shall at any time cease to be held or used for the purpose set forth in such conveyance, title thereto shall revert to the grantor or devisor and his heirs, and it shall appear in the judgment of the officers, trustees or governing body of the grantee named in such conveyance that because of changed conditions or circumstances since the execution of such conveyance it is impossible

376

Who named defendants.

Proviso.

When may sell lands.

Title unimpaired.

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or impractical to longer hold or use said lands for the purpose mentioned in such conveyance and that the religious, educational, charitable, benevolent or public object of the grantor or devisor, as set forth in such conveyance, may be prevented or defeated thereby, the said grantee may file a bill of complaint in the circuit court in chancery of the county in which said lands are situated, setting forth a correct description of such lands and the terms and conditions under which the same shall be held or used, together with a comprehensive statement of the changed conditions and circumstances which render it impossible or impractical to longer hold or use the same for the purpose mentioned in such conveyance.

SEC. 2. In any proceeding mentioned in section one the heirs of the grantor or devisor if known shall be named as defendants and the same proceedings had thereon as is provided by existing law in actions against known defendants. If the names or addresses of the heirs of any such grantor or devisor are unknown, then proceedings shall be had in such action as may be provided by existing law in proceedings against unknown defendants: Provided, however, That no such action shall be brought within a period of ten years from the execution of any such conveyance nor within the lifetime of the grantor or devisor thereof.

SEC. 3. If upon the hearing it shall appear to the satisfaction of the court that the allegations in the bill of complaint are true and that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to longer hold or use said lands for the purposes limited in such conveyance and that the religious, educational, charitable, benevolent or public object of the grantor, as set forth in such conveyance, may be defeated thereby, a decree may be entered authorizing the grantor to sell such lands for the highest price obtainable therefor, in the same manner as may be provided by law for the sale of lands of infants and incompetent persons, and directing that the proceeds of the sale of such lands shall be reinvested in other lands suitable for the use or purpose set forth in the original conveyance, which lands shall thereupon be held by the grantee named in the original conveyance subject to the same limitations as set forth therein.

SEC. 4. No sale of lands under the decree of the court as herein provided shall defeat the estate of the grantee named in the original conveyance because of the failure to longer hold or use the same for the purpose named in such conveyance and shall be sufficient to convey to the purchaser of such lands a good and sufficient title in fee simple, free from all conditions or limitations whatsoever, under which the same shall theretofore have been held or used.

Approved May 13, 1925.

[No. 259.]

AN ACT to amend section nine of act number six of the public acts of nineteen hundred seven, extra session, entitled, as amended, "An act to define and regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees and to prescribe their powers, duties, and compensation and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court", being section two thousand nineteen of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

amended.

SECTION 1. Section nine of act number six of the public Section acts of nineteen hundred seven, extra session, entitled, as amended, "An act to define and regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees, and to prescribe their powers, duties, and compensation and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court," being section two thousand nineteen of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

tion.

SEC. 9. The judges of probate in each county excepting Additional counties having more than one judge of probate shall receive compensafor their services under this act, in addition to their regular salary, the sum of one hundred dollars per annum for each fifteen thousand inhabitants or fraction thereof in their respective counties, except that in counties having a population of thirty thousand and up to one hundred thousand and in all such counties they shall receive, in addition to their regular salary, the sum of six hundred dollars per annum for the first thirty thousand inhabitants and an additional sum of fifty dollars per annum for each additional fifteen thousand inhabitants or fraction thereof, and in all counties having a population between one hundred thousand and one hundred seventy-five thousand, the sum of one hundred dollars per annum for each fifteen thousand inhabitants or fraction thereof, and in all counties having a population of one hundred seventy-five thousand or over, the sum of one hundred fifty dollars per annum for each fifteen thousand inhabitants

or fraction thereof, all of which shall be paid from the same fund and in the same manner as their regular salaries are paid.

Approved May 13, 1925.

Section amended.

Presiding judge,

election of.

[No. 260.]

AN ACT to amend section one of act number two hundred thirteen of the public acts of nineteen hundred fifteen, entitled "An act to provide for a presiding circuit judge and for the manner of his selection, to prescribe his powers and duties and to defray the expenses incident thereto," being section fourteen thousand five hundred forty-six of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred thirteen of the public acts of nineteen hundred fifteen, entitled "An act to provide for a presiding circuit judge and for the manner of his selection, to prescribe his powers and duties and to defray the expenses incident thereto," being section fourteen thousand five hundred forty-six of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 1. At such time before the fifteenth day of September of each year and at such time and place within the state of Michigan as the presiding circuit judge shall designate by written notice to all circuit judges at least over a month in advance of the date so selected, the circuit judges of the state shall meet and elect one of their number presiding circuit judge for the ensuing year commencing on the first day of January thereafter. In case of the death, removal or disability of the presiding circuit judge, the governor shall designate a presiding circuit judge to serve for the remainder of the unexpired term.

Approved May 13, 1925.

[No. 261.]

AN ACT to authorize incorporated villages and cities of the fourth and fifth classes to sell and dispose of their gas, electric or other lighting plants, and to determine the procedure therefor.

The People of the State of Michigan enact:

sell, etc.

SECTION 1. The council of any city of the fourth or fifth Gas, etc., class, or of any incorporated village, is hereby authorized plants, may to sell, transfer and convey at such price and upon such terms as said council shall deem advisable, any works, system or property owned by such city or village for the purpose of supplying such city or village and the inhabitants thereof with gas, electric or other lights, or any part of such works, system or property: Provided, That no such proposed sale, Proviso, transfer and conveyance shall be valid until the same shall referendum. have been approved by the affirmative votes of three-fifths of the electors of such city or village voting thereon at a regular or special municipal or village election.

SEC. 2. Nothing in this act shall be construed to impair or otherwise affect the powers of any cities except cities of the fourth and fifth classes.

SEC. 3. All acts and parts of acts inconsistent herewith are hereby repealed.

This act is ordered to take immediate effect.
Approved May 13, 1925.

[No. 262.]

AN ACT to amend section two of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties and to confer upon them certain local administrative and legislative powers", which would follow section two thousand two hundred sixty-five of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section two of act number one hundred fifty- Section six of the public acts of eighteen hundred fifty-one, entitled amended. "An act to define the powers and duties of the boards of supervisors of the several counties and to confer upon them certain local administrative and legislative powers", which would follow section two thousand two hundred sixty-five of

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