denial of liability, in writing, upon the superintendent of the poor from whom notice was received in accordance with the provisions of section two of this act, within ten days after the date of service of such notice, which said denial shall be substantially in the following form: To the Superintendents of the Poor of the County of Notice of ...hereby Take Notice, That the county of denies any and all liability of every name and nature for the care, relief, support and return transportation of the poor person mentioned in a cer tain notice dated the. D.,........, from... poor of... ...day of..... .county, and served on the superin tendents of the poor of... day of.... Dated this. ...county on the..... A. D.,.... denial of liability. Superintendent of the Poor of ...County. notice. from denial of Which said denial, in writing, shall be served and proof Service of of such service shall be made in like manner as provided in section two of this act. And in case of service of said denial of liability, as aforesaid, such poor person shall not be transported to said county sought to be charged with the liability for his care, relief, support and return transportation, as aforesaid, until such liability shall be determined by some circuit court within the State; but if such When barred written denial shall not be served on the superintendents liability. of the poor of the county where such poor person or persons may temporarily be, as aforesaid, in the time and in the manner aforesaid, then the county sought to be charged with the care, relief, support and return transportation of such poor person shall be forever barred from denying liability for the expense of the care, relief, support and return transportation furnished pursuant to the notice served in accordance with the provisions of section two of this act. tion of poor SEC. 4. If, after receiving the notice prescribed in sec- Transportation two of this act, the superintendents of the poor of the persons. county served with such notice shall not, within twenty days, transport the poor person described in said notice to said county, then it shall be the duty of the superintendents of the poor of the county serving the notice prescribed in section two of this act to forthwith transport such poor person into the custody of the superintendents of the poor of the county upon which the notice prescribed in section Itemized statement of expenses by two of this act was served as aforesaid. And the superintendents of the poor of the county furnishing temporary county giving care, relief, support and return transportation, in accord temporary relief. Action for recovery of expenses. Action, where instituted. Service of process. Recovery of amount expended, in certain counties. Liability of superintendent of poor. Payment of expenses for non-residents of state. ance with the provisions of section one of this act and serving notice as required in section two of this act, shall, within thirty days after furnishing such temporary care, relief, support and return transportation, present to the superintendents of the poor of the county upon which such notice was served, in accordance with the provisions of section three of this act, a sworn itemized statement of the expenses incurred in the temporary care, relief, support and return transportation of such poor person, to the superintendents of the poor of the county upon which notice was so served, and if said bill is not allowed within thirty days after being presented as aforesaid, the superintendents of the poor presenting such bill may institute an action at law, in their own name, in any circuit court within this State, against the superintendents of the poor of the county neglecting or refusing to allow such bill, for the recovery of the same, with interest from the date of presentation as aforesaid. SEC. 5. Any action instituted by the superintendents of the poor of any county in this State, to recover the cost of furnishing temporary care, relief, support and return transportation to any poor person, shall be commenced in the circuit court in the county where such care, relief, support and return transportation was furnished, and service of process in such cases may be made by any officer authorized by law to serve the processes of courts of like jurisdiction in any county in this State, upon any one of the superintendents of the poor against whom such action is brought, and such service and return thereof in accordance with law shall give the court in which such action is commenced full jurisdiction to hear and determine such cause, in like manner as if served upon all said superintendents of the poor in the county where such action was commenced. SEC. 6. In those counties where the distinction between county and township poor exits [exists], the amount expended in any case where such poor person has a settlement in any township in the county, may be charged up to and recovered from such township by the superintendents of the poor for the county in which said township is situated, who have been required, under the provisions of this act, to audit, allow and pay the account for temporary care, relief, support and transportation of such poor person. SEC. 7. No superintendent of the poor, acting under the provisions of this act, in taking into custody, relieving, supporting or transporting any poor person as herein provided, shall become liable to any action or prosecution for illegal arrest or false imprisonment. SEC. 8. If any such person belongs to another state and has come from outside the State, the superintendents of the poor of the county, the medical superintendent of the asylum, or the superintendent of the poor of any city where such person may be, shall furnish transportation and necessary attendance in their discretion to such person, and the expense of the same shall be allowed by the State Board of Auditors and paid by the State on properly attested vouchers from the said superintendents of the poor, medical superintendent or the superintendent of the poor of any city. SEC. 9. All acts or parts of acts contrary to the provi- Repealing sions of this act are hereby repealed. Approved May 2, 1907. clause. [No. 73.] AN ACT making appropriations for the fiscal years ending June thirty, nineteen hundred eight, and June thirty, nineteen hundred nine, for the purpose of promoting the horticultural interests of the State and the editing and compiling of the reports of the Michigan State Horticultural Society, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the use of the Appropriation. Michigan State Horticultural Society for the fiscal year ending June thirty, nineteen hundred eight, the sum of one thousand five hundred dollars, and for the fiscal year ending June thirty, nineteen hundred nine, the sum of one thousand five hundred dollars. SEC. 2. The moneys appropriated by this act shall be paid How paid. by the State Treasurer upon the warrant of the Auditor General. The accounts of the Society shall be made upon forms of vouchers furnished by the Auditor General, shall be fully itemized, and shall show that the disbursements were for the purposes prescribed in this act. Said accounts shall be certified as correct by the president and secretary of the Michigan State Horticultural Society. SEC. 3. The moneys hereby appropriated may be used by How used. the officers of the Michigan State Horticultural Society for procuring lectures, employing scientists or experts to investigate the diseases and insect enemies of trees, vines, plants or fruit, to determine and promulgate the best method of preventing or destroying said diseases and insects, or in such other manner as in the judgment of said board will best promote the horticultural interests of the State; also in the work of collecting material, securing cuts for illustrations, and in preparation of the copy of the reports of said society for the fiscal years ending June thirty, nineteen hundred eight, and June thirty, nineteen hundred nine. Tax clause. SEC. 4. The Auditor General shall incorporate in the State tax for the year nineteen hundred seven the sum of fifteen hundred dollars, and for the year nineteen hundred eight, fifteen hundred dollars, which, when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. This act is ordered to take immediate effect. Sections amended. Children of attend school. [No. 74.] AN ACT to amend sections one, two, three and four of act number two hundred of the public acts of nineteen hundred five, entitled "An act to provide for the compulsory education of children, for penalties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same." The People of the State of Michigan enact: SECTION 1. Sections one, two, three and four of act number two hundred of the public acts of nineteen hundred five, entitled "An act to provide for the compulsory education of children, for penalties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same," are amended to read as follows: SEC. 1. Every parent, guardian or other person in the certain ages to State of Michigan having control and charge of any child between the ages of seven and sixteen years, shall be required to send such child to the public schools during the entire school year, and such attendance shall be continuous and consecutive for the school year fixed by the district in which such parent, guardian, or other person in parental relation may reside: Provided, That in the following cases children shall not be required to attend the public schools: Proviso, exceptions. (a) Any child who is being taught in a private or parochial school in such branches as are usually taught in the public schools to children of corresponding age, or who, upon the completion of the work in such schools, shall present satisfactory evidence to the county commissioner of schools, and, in appropriate cases, to the superintendent of schools, that he has completed sufficient school work to entitle him to an eighth grade diploma; (b) Any child who has received an eighth grade diploma from the public schools; (c) Any child who is physically unable to attend school. If the truant officer is notified of the non-attendance of any child at school and he shall find the one in parental control claiming that such child is physically unable to attend school, the truant officer may secure a written statement of a competent physician, certifying that such child is physically unable to attend school; (d) Children over fourteen years of age whose services are essential to the support of their parents may be excused by the county commissioner of schools or city superintendent of schools from attendance at school on the recommendation of the board of education of the district in which such children reside, and said board shall certify to the officers herein mentioned the facts in all such cases; (e) Children under nine years of age, whose parents do not reside within two and one-half miles, by the nearest traveled road, of some public school: Provided, That if transportation is furnished for pupils in said district then this exemption shall not apply; (f) Any child twelve to fourteen years of age while in attendance at confirmation classes conducted for a period of not to exceed five months in either of said years. point. SEC. 2. The sheriff in each county shall select a person of Truant officer, good moral character to act as truant officer for the county. sheriff to apThe person so selected shall file with the county clerk his To file bond, acceptance and oath of office, and a bond in the sum of one etc. thousand dollars, with two sufficient sureties, to be approved by the county clerk. The person so selected shall be known Officer, how as the county truant officer, and he shall have all of the known; duties. powers of a deputy sheriff, and he shall perform the duties lice force. districts. of truant officer in all school districts of the county when directed to do so by the sheriff, except as hereinafter provided: Provided, That in cities having a duly organized police Proviso, in citforce it shall be the duty of the police authorities, at the ies having porequest of the board of education, to detail one or more members of such police force to perform the duties of the truant officer in such city, but this provision shall not be construed as prohibiting such board of education from appointing any citizen, not a police officer, as truant officer: Provided further, That in graded school districts the board Proviso, in of education shall have authority to appoint one or more graded school truant officers and fix the compensation of the same, said compensation to be paid by the district: And Provided Further profurther, That in all townships of the Upper Peninsula organ- unit districts in viso, township ized as township unit districts, the board of education of such U. P. township shall have authority to appoint one or more truant officers for said township and fix the compensation for such service, said compensation to be paid from the proper funds of such school district. For all townships of the Upper Peninsula not organized as township unit districts the county truant officer appointed as herein prescribed shall act: Pro- Proviso, when vided, That if in any graded district or township the board county truant of education does not appoint a truant officer, the county officer to act. |