Sections amended. [No. 142.] AN ACT to amend sections one hundred forty and one hundred forty-two of act number two hundred six of the public acts of eighteen hundred ninety-three, as amended by acts twenty-five, one hundred fifty-four, one hundred sixty-two and two hundred twenty-nine of eighteen hundred ninety-five; acts two hundred six, two hundred fourteen, two hundred twenty-four, two hundred twenty-five, two hundred twenty-nine, two hundred forty and two hundred sixty-one of eighteen hundred ninety-seven; acts thirty-one, thirty-two, eighty-three, ninety-seven, one hundred seven, one hundred fifty-four, one hundred sixty-nine, two hundred four, two hundred fifteen, two hundred thirtynine, two hundred sixty-two and two hundred sixty-four of eighteen hundred ninety-nine; acts thirty-nine, fortyfour, forty-six, one hundred twenty-eight, one hundred twenty-nine, one hundred thirty, one hundred forty-one, one hundred seventy-four and one hundred ninety-three of nineteen hundred one; and acts twenty-eight, eighty, eightythree, eighty-four, two hundred thirty-five and two hundred thirty-six of nineteen hundred three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one and all other acts and parts of acts in anywise contravening any of the provisions of this act, and to add a new section thereto to stand as section one hundred forty-two a. The People of the State of Michigan enact: SECTION 1. Sections one hundred forty and one hundred forty-two of act two hundred six of the public acts of eighteen hundred ninety-three, as amended by acts twenty-five, one hundred fifty-four, one hundred sixty-two and two hundred twenty-nine of eighteen hundred ninety-five; acts two hundred six, two hundred fourteen, two hundred twenty-four, two hundred twenty-five, two hundred twenty-nine, two hundred forty and two hundred sixty-one of eighteen hundred ninety-seven; acts thirty-one, thirty-two, eighty-three, ninety-seven, one hundred seven, one hundred fifty-four, one hundred sixty-nine, two hundred four, two hundred fifteen, two hundred thirtynine, two hundred sixty-two and two hundred sixty-four of eighteen hundred ninety-nine; acts thirty-nine, forty-four, forty-six, one hundred twenty-eight, one hundred twenty-nine, one hundred thirty, one hundred forty-one, one hundred seventy-four and one hundred ninety-three of nineteen hundred one; and acts twenty-eight, eighty, eighty-three, eightyfour, two hundred thirty-five and two hundred thirty-six of nineteen hundred three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts and parts of acts in anywise contravening any of the provisions of this act," are hereby amended, and a new section, to be known as section one hundred forty-two a added, such sections to read as follows: ance, when may county clerk; SEC. 140. No writ of assistance or other process for the Writ of assistpossession of any land the title to which has been obtained Issue. under and in pursuance of any tax sale made after the twentyninth day of August A. D. eighteen hundred ninety-seven; or of any sale of State tax lands or State bids made after the said twenty-ninth day of August, eighteen hundred ninetyseven, except where such title shall be obtained under the provisions of section one hundred thirty-one of this act, shall be issued until six months after there shall have been filed Sheriff's return, with the county clerk of the county where the land is situated to be filed with a return by the sheriff of said county, showing that he has what to show, made personal service, or until substituted service, as hereinafter provided, has been made upon the grantee or grantees under the last recorded deed in the regular chain of title to said land, and upon the grantee or grantees under the last recorded tax deed issued by the Auditor General and upon the mortgagee or mortgagees named in all undischarged recorded mortgages, or any assignee thereof of record, and upon the person or persons in actual possession of said land of a notice which shall be substantially in the following form: ctc. To the owner or owners of any and all interest in the land Form of notice. herein described, and to the mortgagee or mortgagees named in all undischarged recorded mortgages against said land or any assignee thereof of record. Take notice, that sale has been lawfully made of the following described land for unpaid taxes thereon, and that the undersigned has title thereto under tax deed issued therefor, and that you are entitled to a reconveyance thereof, at any time within six months after return of service of this notice, upon payment to the undersigned or to the register in chancery of the county in which the lands lie of all sums paid upon such purchase, together with one hundred per cent additional thereto, and the fees of the sheriff for the service or cost of Proviso, as to non-residents of county. as to service on non-residents. as to deccased persons. publication of this notice, to be computed as upon personal service of a declaration as commencement of suit, and the further sum of five dollars for each description without other additional cost or charges. If payment as aforesaid is not made, the undersigned will institute proceedings for possession of the land. Provided, That if grantee or grantees, or the person or persons holding the interest in said lands, as aforesaid, shall be residents of any county of the State other than the county in which the land is situated, then such return as to such persons shall be made by the sheriff of the county where such Further proviso, person or persons reside: Provided further, That if any grantee or grantees, or the person or persons holding the interest in said lands, as aforesaid, shall be non-residents of this State, if from the said record aforesaid, or from inquiry the sheriff can obtain the postoffice address of such grantee or grantees, or the person or persons holding the interest in such lands as aforesaid, or if said addresses be known to him, he shall send to such person or persons aforesaid a copy of said notice by registered letter, and return the receipt or receipts received for said letter or letters with his return to Further proviso, the county clerk's office: Provided further, That if any person entitled to notice as hereinbefore provided is dead, or if his estate shall be under control of a trustee or guardian, then and in such case notice as hereinbefore provided may be served upon the exccutor or administrator of said deceased person; or upon his heirs, if there be no executor or adminis trator; or upon the trustee or guardian of any incompetent person with like effect as if served upon the grantee, mortgagee or assignee: Provided further, That if the sheriff of the county where any such lands are located shall make a return that after careful inquiry he is unable to ascertain the whereabouts or the postoffice address of the grantee named in the last recorded deed, or deeds, or the mortgagee named in all undischarged recorded mortgages, or the assignee of record of said mortgage of said premises, or. if the heir of said grantee or mortgagee or assignee, or the whereabouts or the postoffice address of the executor, administrator, trustee or guar dian of such grantee, mortgagee or assignee, then such notice as is herein provided for shall be published for four succes sive weeks, which shall be construed to mean four publications once each week, in some newspaper published and circulating in the county where such lands are located, if there is one; and if no such paper is published in such county, then pub Further proviso, as to publication of notice. lication shall be made in some newspaper published and circulated in an adjoining county, and due proof of publication, by affidavit of the printer or publisher of such newspaper shall be filed with the county clerk, and shall be in lieu of the personal service above provided for. may enter into tion in case of SEC. 142. No purchaser under any tax sale hereafter made When purchaser or of any State tax land or any State bid hereafter sold shall possession. enter into possession of the land so purchased until six months after he has given notice to the party or parties in interest as provided for in the preceding sections unless he shall have acquired from said parties their title thereto under conveyance from said party or parties of his or their interest in said lands. Where the land is vacant and unoccupied and no writ Time of redempof assistance is needed to put the purchaser into possession vacant and unthereof, the time for redemption herein provided shall expire occupied land. six months after the delivery of such notice to said party or parties in interest, or date of mailing such notice by regis tered letter, or first publication thereof, and filing proof thereof with the county clerk of the county where said lands are situated as herein provided: Provided, That if suit or Proviso. other proceeding is commenced before the expiration of the said six months by the owner of the land so purchased, or one having a redeemable interest therein, to set aside the sale thereof, the purchaser under tax sale or his grantee shall not enter into possession of the land until the final determination of such suit or other proceeding. dence of owner ship. SEC. 142 a. If any such grantee or grantees, mortgagee or Prima facie evimortgagees or person or persons so in possession shall fail and neglect to redeem such land within said six months, as provided in the foregoing sections, at any time after the expiration thereof the purchaser under such sale or deed may cause to be recorded in the office of the register of deeds of the county in which such land is situate, in a record to be provided for that purpose, a copy of said notice and proof of service thereof, duly certified by the county clerk in whose office the same is filed, and the record thereof shall be prima facie evidence in all courts and tribunals that such purchaser is the owner of said land under said purchase. Such county Fees of county clerk shall be entitled to a fee of twenty-five cents for filing ter of deeds. such notice and to the fees provided by law for making such copy thereof and certifying thereto, and such register of deeds. shall be entitled to the same fees for recording such copy, as is provided by law for recording deeds of conveyance and other instruments. This act is ordered to take immediate effect. clerk and regis Unlawful to spear in certain waters. Penalty for violation. [No. 143.] AN ACT for the protection of fish in the Kalamazoo river and its tributaries in the townships of Marshall and Marengo in the county of Calhoun. The People of the State of Michigan enact: SECTION 1. It shall not be lawful for any person or persons to spear or attempt to spear any fish in the waters of the Kalamazoo river or its tributaries in the townships of Marshall and Marengo in the county of Calhoun. SEC. 2. Any person violating the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be punished by a fine not to exceed twenty-five dollars, or by imprisonment in the county jail of said county for a term not exceeding thirty days, or by both such fine and im-prisonment in the discretion of the court. This act is ordered to take immediate effect. Section amended. Certain State officers, authorized to procure copies of records, etc. [No. 144.] AN ACT to amend section nine thousand thirty-three of Howell's annotated statutes, being section eleven thousand two hundred thirty-eight of the Compiled Laws of eighteen hundred ninety-seven, relative to the furnishing of copies of records in State and county offices. The People of the State of Michigan enact: SECTION 1. Section nine thousand thirty-three of Howell's annotated statutes, being section eleven thousand two hundred thirty-eight of the Compiled Laws of eighteen hundred ninetyseven, relative to the furnishing of copies of records in State and county offices, is hereby amended to read as follows: SEC. 31. The Secretary of State, Auditor General, Treasurer, Attorney General, Commissioner of the Land Office and Superintendent of Public Instruction, respectively, shall be authorized to require searches in the respective offices of each other, and in the office of the clerk of the Supreme Court, of the several circuit courts, of the several probate courts, and registers of the several probate courts, of the registers in chancery, of registers of deeds, and of the county treasurers, for any papers, records, or documents necessary to the discharge of the duties of their respective offices, and to require, and obtain, copies thereof, and extracts therefrom, without the payment of any fee or charge whatever. Approved May 25, 1905. |