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Manager of lying-in institution, to make records.

Penalty for neglect to file certificate.

by the applicant. And the Secretary of State shall keep a true and correct account of all fees by him received under these provisions, and turn them over to the State Treasurer.

SEC. 10. All superintendents or managers, or other persons in charge of hospitals or lying-in institutions, to which women resort for confinement, are hereby required to make a record of all the personal and statistical particulars relative to the inmates of their institutions, there residing for the purpose of confinement, at the date of taking effect of this act, that are required in the form of certificate herein provided for, in addition to such other record as may be required by existing laws or the circumstances of the case. And thereafter such record shall be by them made, for all future inmates, at the time of admission.

SEC. 11. Any physician or midwife in attendance upon a case of confinement who shall neglect or refuse to file a proper certificate of birth with the local registrar within the time required by this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than fifty dollars, or shall be imprisoned not to exceed thirty days, or shall suffer both such fine and imprisonment at the discretion of the court. If there was no physician or midwife in attendance upon any case of confinement, then the father, if he shall refuse or neglect to file a proper certificate of birth with the local registrar within the time required by this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be liable to the same penalty as that incurred by the physician or midwife in case of violation of the law, as above. And in the absence of the father, then the householder upon whose premises the birth occurred, the superintendent or manager of the public or private institution, shall individually be liable, in the order of their responsibility, and in case of conviction for failure or neglect to comply with the requirements of this act, shall be subject to the penalty imposed upon the physician or midwife in case of similar refusal or neglect. Any registrar who shall neglect or fail to enforce the provisions of this act in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this act or by the instructions and directions of the Secretary of State, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned not over thirty days, or shall suffer both such fine and imprisonment at the discretion of the court. Penalty for alter- Any person who shall wilfully alter any certificate of birth, or the copy of any certificate of birth on file in the office of the local registrar, except to correct same in the manner provided in this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars, or shall be impris oned not exceeding sixty days, or shall suffer both such fine and imprisonment at the discretion of the court. And any

When registrar guilty of misdemeanor.

ing certificate.

other person or persons who shall violate any of the provisions of this act, or shall wilfully neglect or refuse to perform any duties imposed upon them by this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dollars, or shall be imprisoned not exceeding thirty days, or shall suffer both such fine and imprisonment at the discretion of the court.

to enforce act.

state, supervisory power.

SEC. 12. Local registrars are hereby charged with the strict Local registrars and thorough enforcement of the provisions of this act in their districts, under the supervision and direction of the Secretary of State. And they shall make an immediate report to the Secretary of State of any violations of this law coming to their notice by observation or upon complaint of any person or otherwise. The Secretary of State is hereby charged Secretary of with the thorough and efficient execution of the provisions of this act in every part of the State, and with supervisory power over local registrars, to the end that all of its requirements shall be uniformly complied with. He shall have authority to investigate cases of irregularity or violation of law, personally, or by accredited representatives, and all registrars shall aid him, upon request, in such investigation. When he shall deem it necessary, he shall report cases of vio- To whom to relation of any of the provisions of this act to the prosecuting attorney of the county, with a statement of the facts and circumstances, and when any such case is reported to them by the Secretary of State, all prosecuting attorneys or officials acting in such capacity shall forthwith initiate and promptly follow up the necessary court proceedings against the parties responsible for the alleged violation of the law. And upon request of the Secretary of State, the Attorney General shall likewise assist in the enforcement of the provisions of this act.

port violations.

births in 1905.

SEC. 13. All that part of act number one hundred ninety- Act repcaled. four of eighteen hundred sixty-seven, as amended by act number twenty-five of eighteen. hundred sixty-nine, being sections. four thousand six hundred five to four thousand six hundred thirteen of the Compiled Laws of eighteen hundred ninetyseven, and inconsistent with this act, is hereby repealed, ex- Exception as to cept that the births in Michigan during the year nineteen hundred five shall be enumerated, returned and compiled in accordance with said former act. This act shall go into effect To take effect January 1, 1906. for the registration of births in Michigan on January one, nineteen hundred six, but the Secretary of State shall take such preliminary steps as may be necessary to secure its enforcement on and after that date immediately upon its becoming a law.

Approved June 20, 1905.

Section amended.

Disposition of personal estates.

Widows.

Family during settlement of estate.

Children under ten years of age

[No. 331.]

AN ACT to amend section one of chapter seventy of the revised statutes of eighteen hundred forty-six, entitled “Of the administration and distribution of the estates of intestates," as amended, being section nine thousand three hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred sixteen of the public acts of Michigan for the year eighteen hundred ninety-nine.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter seventy of the revised statutes of eighteen hundred forty-six, entitled "Of the administration and distribution of the estates of intestates," as amended, being section nine thousand three hundred twentytwo of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number one hundred sixteen of the public acts of Michigan for the year eighteen hundred ninety-nine, is hereby amended so as to read as follows:

(9322) SECTION 1. When any person shall die possessed of any personal estate, or of any right or interest therein not lawfully disposed of by his last will, the same shall be applied and distributed as follows:

First, The widow, if any, shall be allowed all her articles of apparel and ornaments, and all wearing apparel and ornaments of the deceased, and the household furniture of the deceased, and other personal property, to be selected by her, not exceeding in value two hundred dollars, and the allowance shall be made as well when the widow waives the provision made for her in the will of her husband as when he dies intestate;

Second, The widow and children constituting the family of the deceased shall have such reasonable allowance out of the personal estate and income of the real estate as the probate court shall judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances, which, in case of an insolvent estate, shall not be longer than one year after granting administration nor for any time after the dower and personal estate shall be assigned to the widow;

Third, When a person shall die leaving children under ten without mother. years of age, having no mother, or when the mother shall die before the children shall arrive at the age of ten years or where the mother shall have been adjudged insane by any court of competent jurisdiction and shall not have recovered her sanity before such children arrive at the age of ten years, an allowance shall be made for the necessary maintenance of such children until they shall arrive at the age of ten years, out of such part of the personal estate and the income

of the real estate as would have been assigned to the mother if she had been living and sane;

dren under ten.

Fourth, If, on the return of the inventory of any intestate Widow and chilestate, it shall appear that the value of the whole estate does not exceed the sum of one hundred fifty dollars over and above the allowance above provided for, the probate court may, by a decree for that purpose, assign for the use and support of the widow and children of such intestate, or for the support of the children under ten years of age, if there be no widow, the whole of such estate, after the payment of the funeral charges and expenses of administration;

Fifth, If the personal estate shall amount to more than one Payment of debts. hundred fifty dollars, and more than the allowance mentioned

in the preceding subdivision of this section, the same shall

be applied to the payment of the debts of the deceased, with the charges of his funeral and of settling his estate;

residue.

Sixth, The residue, if any, of the personal estate shall be Distribution of distributed as follows: One-third thereof to the widow of the deceased, and the remaining two-thirds to his children, or the issue of any deceased child or children, if any there be, by right of representation, except that if there be but one child, or the issue of such child living, then to the widow one-half of such residue and to such child, or the issue thereof, the other half, and if there be no widow nor child of the intestate living at his death, his estate shall be distributed to all his lineal descendants, and if all such descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take by right of representation. In case the deceased shall leave a widow and no children, or the issue of any deceased child him surviving, then such residue, if it shall not exceed the sum of three thousand dollars, shall go to such widow, and if it exceed the sum of three thousand dollars such excess shall be distributed, one-half to such widow and the other half to the father and mother of the deceased, if living, in equal shares; if either parent be deceased, such share shall go to the survivor, and if both parents be deceased, such share shall be distributed equally to the brothers and sisters and the lineal descendants of any deceased brother or sister by right of representation. And if there shall be neither father nor mother, nor brother nor sister, nor children of such brother or sister surviving, then such residue shall go to the widow. In any other case the residue, if any, of the personal estate shall be distributed in the same proportion and to the same persons, and for the same purposes, as prescribed for the descent and disposition of the real estate;

Seventh, In case any femme covert shall die possessed of Femme covert. any personal estate, her sole property, or any right or interest therein not lawfully disposed of by her last will and testament, the same shall, after the debts of the deceased, funeral charges and expenses of administration are paid, be distrib

Distribution of estate of.

uted as follows: One-third to the husband, and the remain-
ing two-thirds to her children, or the issue of any deceased
child or children, if any there be, by right of representation,
except that if there be but one child, or the issue of a deceased
child her surviving, then such residue shall be divided between
such husband and such child, or the issue of such deceased
child, as aforesaid, in equal proportions, and if there be no
husband nor child of the intestate living at her death, her
estate shall be distributed to all her lineal descendants, and
if all said descendants are in the same degree of kindred to
the intestate, they shall share the estate equally, otherwise
they shall take by right of representation. If there shall be
no child, or issue of any deceased child her surviving, one-half
of said residue shall go to the husband of the deceased and
the other half to her father and mother, if living, in equal
shares. If either parent be deceased, such share shall go to
the survivor, and if both parents be deceased, such share shall
be distributed equally to the brothers and sisters and the
lineal descendants of any deceased brother or sister, by right
of representation; and if there shall be neither father nor
mother, nor brother nor sister, nor children of such brother or
sister surviving, then such residue shall go to the surviving
husband; in any other case the residue, if any, of the personal
estate shall be distributed in the same proportion and to the
same persons, and for the same purposes as prescribed for
the descent and disposition of the real estate.
Approved June 20, 1905.

Sections added, and amended.

[No. 332.]

AN ACT to amend sections two, three, four, five, six, seven, eight, nine, ten, eleven and twelve of an act, entitled "An act to regulate the practice of pharmacy in the State of Michigan," same being act number one hundred thirty-four of the public acts of eighteen hundred eighty-five, approved June two, eighteen hundred eighty-five, and to add thereto twenty-one new sections to be known as sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twentynine, thirty, thirty-one, thirty-two and thirty-three.

The People of the State of Michigan enact:

SECTION 1. Act number one hundred thirty-four of public acts of eighteen hundred eighty-five, approved June two, eighteen hundred eighty-five, entitled "An act to regulate the practice of pharmacy in the State of Michigan," is hereby

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