Fee of local registrar. Proviso, when acting registrar receives salary. Fees, how paid. Quarterly transcripts to county clerks. Warrants for returns. Secretary of State, he shall transmit the deposition forthwith to the Secretary of State. If the correction is first made upon the original certificate of birth on file in the office of the Secretary of State, then the Secretary of State shall immediately transmit a certified copy of the original certificate, corrected as above, to the local registrar, who shall thereupon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be made in permanent red ink, and no fee shall be charged in connection therewith. SEC. 6. Each local registrar shall be entitled to be paid the sum of twenty-five cents for each birth certificate properly and completely made out and registered with him, and by him returned to the Secretary of State on or before the fourth day of the following month, which sum shall include the making of the copy of the certificate to be filed and preserved in his office. Certificates lacking certain items, including the given or christian name of the child in children not named at the date of filing the report, shall not be considered as defective, provided the missing information is obtained and returned to complete the certificate as elsewhere provided in this act: Provided, That in cities of ten thousand population or more by the last United States or State census, in which the city clerk or health officer acting as registrar, receives a fixed salary, no further compensation shall be paid for the duties required by this act. In case no births occurred during a calendar month, the local registrar shall be entitled to be paid the sum of twenty-five cents for each report to that effect promptly made in accordance with the requirements of this act. All amounts payable to any registrar under the provisions of this section shall be paid by the treasurer of the county in which the registration district is located, upon presentation of a proper warrant issued by the Secretary of State. And the Secretary of State shall issue warrants in favor of local registrars at the end of their official years, or for the year ending March thirty-one when continuing in office, specifying the number of certificates properly registered and promptly returned and the number of prompt monthly reports made by each to the effect that no births occurred, with the amount due at the rate fixed herein. SEC. 7. At the end of each quarter, the local registrar shall send a transcript of all births registered by him for the quarter to the clerk of his county, and suitable blanks for this purpose, containing all the items now required by county records, together with stamped envelopes addressed to the county clerk, shall be supplied by the Secretary of State. Warrants in payment for returns shall be transmitted to local registrars through the clerks of their several counties, and shall be countersigned by the county clerks to indicate that the corresponding returns have been duly made to them as. required above. If returns have not been made, the county clerks shall at once notify the local registrars, requiring them to do so, and if not filed by them within thirty days, shall return the warrants, with full explanations as to the registered numbers not returned, to the Secretary of State, who shall notify the local registrars of their return and, unless satisfactory explanations shall be made or the returns filed forthwith, shall cancel the warrants. births to be Proviso. visors on receiv SEC. 8. On or before the tenth day of April in each year, Yearly list of every local registrar shall make out a complete list, on a delivered to blank provided by the Secretary of State for that purpose, of supervisor. the births that have occurred in his district during the preceding calendar year, as registered with him, showing names of parents and dates of birth, and shall on or before the tenth day of April, deliver the same to the supervisor of the township or ward where the births occurred or to the assessor or assessors of the city where the births occurred: Provided, That no such list shall be required for cities having a popula tion of more than fifty thousand. The supervisors or assess- Duty of superors, being the officers heretofore charged with the enumeration ing lists. of births under section four thousand six hundred five, Compiled Laws of eighteen hundred ninety-seven, shall receive such lists of births, and between the tenth day of April and the first day of June shall make diligent inquiry to ascertain whether any other births have occurred in their townships, wards or cities besides those duly registered and reported to them by the local registrars. And if any such births, not heretofore registered, shall come to their notice, then they shall immediately fill out a certificate of birth, as required by this act, signing the certificate as supervisor or assessor as the case may be, and shall file the same with the local registrar, together with a statement of the name and address of the physician, midwife, or person responsible for failure to file the certificate of birth immediately after birth, as required by this act, and for each added certificate of birth, duly and properly filled out and filed with the local registrar, the su pervisor or assessor shall be entitled to twenty-five cents, to be paid by the county treasurer upon warrant from the Secretary of State in the same manner as to other informants. And it shall be the duty of the Secretary of State to investigate such cases and to prosecute wilful or repeated violations of this act. record of birth, fee. SEC. 9. The Secretary of State shall, upon request, furnish Certified copy of any applicant a certified copy of the record of any birth regis- who to furnish tered under the provisions of this act, for the making and certification of which he shall be cents, to be paid by the applicant. record of a birth, when properly certified by the Secretary of State to be a true copy thereof, shall be prima facie evidence entitled to a fee of fifty in all courts and places of the facts therein stated. For any Fee for searching records, etc. search of the files and records, when no certified copy is made, the Secretary of State shall be entitled to a fee of fifty cents for each hour or fractional hour of time of search, to be paid 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 repealed. 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 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. January 1, 1906. 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 |