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Suits, etc.

In all proceedings of suits that may arise or be brought in any of the courts of this State touching or concerning corporations under this act, all other acts or parts of acts inconsistent herewith shall be interpreted and construed in such manner as to give full force and effect to all the provisions of this act and to all the rights and privileges hereby granted.

Approved April 25, 1911.

Section amended.

Executor may sell real estate.

Estate, when may be sold.

[No. 162.]

AN ACT to amend section one of act number two hundred nine of the public acts of nineteen hundred nine, entitled "An act to provide for the sale of real estate or any interest therein, under license of the probate court, by ex ecutors, administrators and guardians.”

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred nine of the public acts of nineteen hundred nine, entitled "An act to provide for the sale of real estate or any interest therein, under license of the probate court, by executors, administrators and guardians," is hereby amended to read as follows: SEC. 1. Real estate of a deceased person or any interest therein, may be sold upon petition of the executor or ad ministrator under license of the probate court in the following cases:

First, When it shall appear to the court that the personal estate of a deceased person in the hands of his executor or administrator is insufficient to pay the debts of the deceased and the charges of administering his estate, or whenever it shall appear to the court that it is for the best interest of all persons interested in the estate that his real estate or some part thereof be sold for such purpose in lieu of disposing of the personal estate;

Second, When it shall appear to the court that a sale of such real estate is necessary to preserve the estate or to prevent a sacrifice thereof, or to carry out the provisions of a will;

Third, When a testator shall have given any legacy by will that is effectual to pass or charge real estate, and his personal property is insufficient to pay such legacy, together with his debts and charges of administration;

Fourth, When a testator shall have given real estate to two or more persons, or when a person shall have died intestate, and it shall appear to the court that it is necessary or will be for the best interests of the persons interested in

approval of

interest.

said real estate as such devisees, legàtees or heirs, to sell the same for the purpose of distribution: Provided, That appli- Proviso, cation under this subdivision shall be approved in writing application. by the persons owning a majority in interest of the real estate proposed to be sold, which approval may be given by the guardians of persons under guardianship. In case of sale under any of the subdivisions of this section the widow, if any, shall not be entitled to a greater interest in the estate than she would have received had such real estate been distributed instead of being sold: Provided further, That if Further proviso, petition it shall be made to appear to the probate court that persons for sale by owning a majority in interest of the real estate proposed to majority in be sold are desirous of having such real estate sold for any of the purposes or reasons set forth in this section, and the executor or administrator neglects or refuses to petition for the sale as above provided, then and in such cases the court shall entertain a petition for such purpose from persons owning a majority in interest of such real estate and the court may license such sale and make such order in the same manner as if petitioned by the executor or administrator; and thereupon it shall be the duty of such executor or administrator to file a bond and make such sale in the same manner as if petition for such sale had been originally made by the executor or administrator, and the neglect or refusal of such executor or administrator to perform such order shall constitute sufficient cause for removal. Approved April 25, 1911.

[No. 163.]

AN ACT to provide for the election of inspectors of mines in certain cases and the appointment of their deputies, for the appointment of such inspectors of mines and their deputies until the election and qualification of the first inspectors of mines, to prescribe their powers and duties and to provide for their compensation, and to repeal act number two hundred thirteen of the public acts of eighteen hundred eighty-seven.

The People of the State of Michigan enact:

election of.

SECTION 1. There shall be elected at the general election Inspector of in the year nineteen hundred twelve, and at every general mines, election thereafter an inspector of mines for the term of two years in any county within this State where there are iron or copper mines situated and working, some suitable person who is a citizen of this State, who can read and write the English language, and who has had at least ten years' actual

Supervisors to appoint, etc.

Term of office.

Governor to

experience in mining, timbering and general underground work, or a person holding the degree of mining engineer, or an equivalent degree, and who shall have practiced his profession as such engineer for at least two years.

SEC. 2. Until the election and qualification of the first inspector of mines to be elected as provided by this act, the inspector of mines and the deputy inspectors heretofore appointed by any board of supervisors shall continue to serve until their terms of office have expired, and such board of supervisors where there are iron or copper mines situated and working is hereby authorized and directed to appoint their successors and to remove the same or any one thereof whenever in its judgment the best interests of owners and employes may so require, and to fill vacancies arising from any other cause than removal, but no such inspectors of mines or deputy inspectors appointed by or serving under any appointment of any board of supervisors shall hold office beyond the first day of January succeeding the election of the first inspectors of mines to be elected as provided by this act. Such inspectors of mines and deputy inspectors heretofore appointed or to be appointed by any board of supervisors, shall perform all of the duties of inspector of mines and deputy inspectors of mines until the election and qualification of the first inspectors of mines to be elected as herein provided.

SEC. 3. The regular terms of office of the inspectors of mines to be so elected shall commence on the first day of January succeeding their election.

SEC. 4. In case of any vacancy in the office of the infill vacancies. spector of mines, the Governor shall by writing under his hand appoint some suitable person who is possessed of the same qualifications as the officers provided for in section one, to perform for the time being the duties required by law to be performed by such inspector.

Bonds.

Deputy inspectors.

Compensation.

Proviso.

SEC. 5. The inspector of mines when so elected shall give bonds in the sum of five thousand dollars, with good and sufficient sureties to be approved by the circuit judge or judge of probate of the county in which such inspector shall be elected for the faithful performance of his duties, which said bond shall be payable to the people of this State and shall be filed with the clerk of the county where he is so elected.

SEC. 6. The inspector of mines when so elected may appoint one or more deputy inspectors, not exceeding three, as in his judgment may be necessary for the purpose of discharging the duties hereinafter prescribed, and may revoke such appointments at his pleasure. Any and all such deputy inspectors in any county shall be under the supervision of the inspector of mines, and their duties shall be prescribed by him.

SEC. 7. The board of supervisors in each county where an inspector of mines is so elected or appointed shall fix the compensation of such inspector and his deputy or deputies, and provide for the payment of the same: Provided, That

the compensation of the inspector of mines shall not be less than five dollars per day, and that of the deputy inspectors shall not be less than three dollars and fifty cents per day for each day actually employed in the performance of their official duties.

men to quit

SEC. 8. The duties of the mine inspector shall be to visit Duties. all the working mines of his county once in every sixty days, and oftener if in his judgment necessary, and closely inspect the mines so visited, and condemn all such places where he shall find that the employes are in danger from any cause, whether resulting from careless mining or defective machinery or appliances or improper or unsafe methods of any nature; he shall compel the erection of a partition between all shafts where hoisting of ore is performed and where there are ladder ways, where men must ascend and descend going to and from their work. In case the mine inspector shall When to order find that a place is dangerous from any cause as aforesaid, work. it shall be his duty immediately to order the men engaged in work at the said place to quit work, and he shall notify the superintendent, agent or person in charge to secure the place from the existing danger, which said notification or order shall be in writing and shall clearly define the limits of the dangerous place and specify the work to be done or change to be made to render the same secure, ordinary mine risks excepted. It shall also be the duty of the mine inspector to com- To order mand the person, persons or corporation working any mine, safe-guards. or the agent, superintendent, foreman or other person having immediate charge of the working of any mine, to furnish all shafts and open pits of such mine with some secure safeguard at the top of the shaft or open pit so as to guard against accident by persons falling therein or by material falling down the same, also a covering on all the carriages on which persons ascend or descend up and down the shaft, if in his judgment it shall be practicable and necessary for the purpose of safety: Provided, That when any mine is idle or Proviso, proabandoned it shall be the duty of the mine inspector to notify abandoned the person, persons or corporation owning the land on which mines. any such mine is situated, or the agent of such owner or owners, to erect and maintain around all the shafts and open pits of such mine a fence or railing suitable to prevent persons or domestic animals from accidentally falling into said shafts or open pits. Said notice shall be in writing and Notice. shall be served upon such owner, owners or agent, personally or by leaving a copy at the residence of any such owner or agent, if they or any of them reside in the county where such mine is situated, and if such owner, owners or agents are none of them residents of the county such notice may be given by publishing the same in one or more newspapers printed and circulated in said county if there be one, and by registered letter, and if no newspaper be published in said county then in a newspaper published in some adjoining county

tection of

When mine inspector to

etc.

for a period of three consecutive weeks. If such owner, ownerect railings, ers or agent shall not, within thirty days after receiving such notice or within thirty days after the completion of said publication, erect such suitable fences or railings as above provided, it shall be the duty of the mine inspector to cause such suitable fences or railings to be erected and to make a return of his doings in the case, with the description of the land or lands on which such shafts and open pits are located, together with an itemized statement of the actual expenses incurred in such case on each description of land, to the county clerk of the county, which return and statement Expenses, how shall be verified by the affidavit of the mine inspector. All expenses incurred under the provisions of this section shall be audited by the board of supervisors of the county, and all sums allowed by such board for such expenses shall be Assessment of paid from the general fund of the county. The county clerk

paid.

tax for ex

penses.

Liability of corporation.

Duty of cor

poration, etc.,

by inspector.

shall certify to the board of supervisors at its annual meeting in each year the amount of expense incurred under the provisions of this section during the preceding year and the amount belonging to each and every description of land on which any such mines are situated, and said amount shall be certified to the supervisors of the proper townships in the same manner as county taxes are certified to said supervisors, and the amount of the expense incurred as above on each description shall be assessed by said supervisors upon the said description upon their assessment rolls for that year in a separate column, and shall be collected in the same manner as county taxes, and when so collected paid into the general fund of the county.

SEC. 9. If any man or men are allowed to continue work in any place condemned by the mine inspector, except to do the work required to be done to insure safety before said place has received the necessary changes to secure the safety, ordinary risks of mining excepted, of the laborers engaged therein, the person, persons or corporation operating said mine shall be liable for all accidents causing injuries or death to employes working in or about such place, until the order referred to in the preceding section shall have been complied with or revoked.

SEC. 10. It shall be the duty of the person, persons or corwhen visited" poration, or the superintendents or agents of the same, when the mine inspector arrives at any mine on his official business. to furnish for his inspection all maps, drawings and plans of the mine, together with plans of all contemplated changes in the manner of working the mine or any part thereof; to furnish him with such suitable person or persons as he may desire to accompany him through the mine or any part thereof; and also to furnish him with suitable ladders and other necessary appliances to make a proper inspection; and should they or any of them neglect or refuse to comply with any of the provisions of this section, such refusal or neglect shall be

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