be sold, proceeds. reports, etc., armory. act, it shall be the duty of the Quartermaster General to take charge of such armory, and when so directed by the Governor when he shall sell such armory at public or private sale at such armory may time as directed by the Military Board, after due publication, disposition of for the highest price that can be obtained for the same, and shall deposit in the State treasury, to the credit of the armory building fund, out of the proceeds of such sale, an amount equal to the amount originally paid by the State towards the erection of such armory, refunding the balance, if any there be, to the person, firm, corporation or municipality which made the gift or donation under the provisions of this act: Provided, That if any of the bids do not equal Proviso. the amount originally paid by the State towards the erection or purchase of said armory, the Quartermaster General may reject any and all bids received. The Military Board shall Board to make a report annually of the proceedings incident to the make annual location and management of such armories, respectively; also, when filed. a detailed account of disbursements; which shall be filed in the office of the Auditor General and a copy furnished the Adjutant General for publication in the biennial report of the Adjutant General's Department. For each armory erected Board of conunder the provisions of this law, there shall be a board of try control, which in the case of armories occupied by one or more companies, and less than a battalion, shall consist of the three line officers highest in rank, belonging to the organization therein quartered. In case of an armory occupied by a battalion or squadron it shall consist of the battalion or squadron commander and the four highest ranking line officers of the organization quartered therein. In case the armory is occupied by a force larger than a battalion or squadron it shall consist of the seven highest ranking field or line officers in the organization quartered therein. One officer of each Disbursing board of control herein provided for shall be designated as a to be, to disbursing officer, by said board of control, and shall give give bonds. a bond to the Quartermaster General for the proper disbursement of funds coming into his hands for the maintenance of the armory to which he is attached. For the purpose of pro- Armory viding for the expense necessary for the maintaining, heating und and lighting of the armories of the permanent organized militia herein provided, or such portion thereof in each as is used or occupied by an organization of the permanent organized militia, the board of control of such armories shall receive from the Quartermaster General of the State out of the military fund the following armory allowances which shall constitute an armory maintenance fund in the hands of the disbursing officer of said board of control: Single companies Amount of. occupying an armory, or a portion thereof, five hundred dollars per annum; two or more companies occupying the same armory, or a portion thereof, an annual amount equivalent to five hundred dollars for each company occupying said armory; said annual armory allowance shall be paid by the How and Quartermaster General to the said disbursing officer in equal when paid. officers, who maintenance Armories owned by state to be for use of militia quartered therein. in armory prohibited. Rent of armory to outside parties. Money derived from semi-annual payments, on January first and July first of each Proviso as to year: Provided, That amounts paid to organizations of the naval brigade. Michigan Naval Brigade or to disbursing officers, for the maintenance of armories wherein divisions of the Naval Brigade are quartered, shall be paid out of the funds provided for the maintenance of the Michigan Naval Brigade. The armories erected, constructed and owned by the State of Michigan, by virtue of this act, shall be for the use and benefit of the permanent organized militia quartered therein. They shall be used for no other purpose except as hereinafter Intoxicating provided. The sale to, or use by the National Guard of inliquors, sale or use of, toxicating liquors therein is absolutely prohibited, and any officer or enlisted man guilty of violating this portion of the law shall be punished as a court martial may direct. The board of control may rent the armory to outside parties for temporary purposes, subject to regulations to be prescribed by the State Military Board. The money derived from rental rental, where of said armory shall be paid into the armory maintenance fund of the board of control of said armory. The board of control of armories shall make such reports of the receipts and make reports. expenditures of funds coming into their hands under this act for the maintenance of armories, as the State Military Board shall, from time to time, prescribe in regulations. The naval brigade State Military Board may quarter units of the Michigan Naval Brigade in the same armory as the Michigan National Guard and in such case for the purpose of those parts of this act for the use of the armory the use of the word company shall include a division. The designation "company," as used in this act, shall be understood and construed to mean a company of infantry, artillery, engineers, or signal corps, a battery of field artillery, a troop of cavalry, or any detachment of the aforesaid organizations or a permanent detachment of the hospital corps assigned to a line or staff organization, a field "Battalion," hospital or a band. The designation "battalion," applies in how applied. like manner to a squadron of cavalry. paid. Board of control to Units of may be quartered with national guard. "Company," how construed. Compensation, etc., of officers and men, in case of encampments. SEC. 58. All officers and enlisted men shall receive for each day actually spent by them on duty in the encampments authorized by this act, on actual service, or on any duty under orders of the Governor, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous, and in returning to their homes, the following compensation, together with the necessary transportation, to wit: To each enlisted man below the rank of corporal, one dollar and twenty-five cents per day; to each corporal, one dollar and thirty-five cents per day; to each non-commissioned officer, above the rank of corporal and below the rank of first sergeant, and to each cook, one dollar and forty-five cents per day; to first sergeants and all non-commissioned officers above the grade of first sergeant and below regimental sergeant-major, one dollar and fifty-five cents per day; and to regimental sergeants-major, one dollar and sixty-five cents per day; and to each enlisted man, subsistence, the cost of the same not to certain members of board. equipment viso as to etc., in case exceed seventy cents per day, the difference between the cost of rations and seventy cents per day, to be paid in money to said enlisted men at the time of the payment for such service; to all officers, the pay and allowances as fixed by law or regulations for officers of the army of the same rank in the service of the United States, together with the necessary expense of horses for the mounted officers: Provided, That in case of all Proviso as to officers who, under this act, are paid an annual salary of more salaried than one hundred dollars, the pay of their grade shall be in officers. lieu of such annual salary during the time for which it is paid: And Provided further, That generals of the brigades Further proand the commander of the naval brigade as members of the viso as to State Military Board, shall each receive an annual salary of military five hundred dollars: And Provided further, That hereafter, Further proeach officer upon his first appointment as an officer shall be viso as to paid the sum of fifty dollars as an equipment allowance: And allowance. Provided further, That any officer or enlisted man guilty of Further prodrunkenness at any annual encampment, or on the way to or drunkenness. from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls, to note the fact of intoxication or drunkenness against the name of the person guilty thereof. All officers and enlisted men shall receive for Compensation, their service for each day actually spent by them on duty, in of riot, etc. case of riot, tumult, breach of the peace, resistance of process, or whenever legally called upon in aid of the civil authorities, and for the time actually spent by them in traveling from their homes to the place of rendezvous, and in returning to their homes, the compensation provided for in this act. Such com- To be pensation, subsistence, and allowances and cost of transportation and the cost of all ammunition used or purchased for use by any officer in command of the National Guard so called out, shall be audited and allowed by the Auditor General when detailed bills are presented, properly certified by the commanding officer of such troops and approved by the Quartermaster General. The Auditor General shall, upon auditing How paid. and allowing such accounts, draw his warrant therefor upon the State Treasurer who is hereby authorized and required to pay same, and any such sums so audited and paid are hereby appropriated out of the moneys in the general fund not otherwise appropriated. And the Auditor General shall charge Charged all such moneys so drawn to the county or counties in which counties such service is rendered, to be collected and returned to the served. general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund. There shall be paid to each Compensation for attending enlisted man for attendance and performance of duty at drills. regular drills not to exceed forty drills in any one year, said drills not to be of less than one and one-half hours actual duration, the following sums, viz.: All below the rank of corporal twenty cents, corporals twenty-five cents, sergeants thirty cents, and all enlisted men above the rank of sergeant audited, etc. against When and how paid. certain absentees. forty cents; and to each enlisted man qualifying as a marksman shall be paid the additional sum of ten per cent., to each sharpshooter fifteen per cent. and to each expert rifleman twenty per cent. of the pay due his rank for attendance at regular drills for the year succeeding that in which said qualifications were made. Said amounts shall be due and payable semi-annually on April thirtieth and October thirty-first each year, and shall be allowed and paid out of the funds annually Proviso as to provided for the support of the organized militia: Provided, That any soldier absenting himself without a reasonable and satisfactory excuse from any regular drill, special drill, inspection, parade or target practice, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and the same shall be noted on the pay roll and deducted from his pay: Provided further, That any soldier dishonorably discharged shall forfeit all pay and Further pro- allowances provided by this act: Provided further, That no sum shall be allowed except for actual presence and duty performed at any of the aforesaid regular drills. No pay provided for in this act shall be paid to any soldier until after an inspection is had of all military property, for which such soldier is responsible, and the cost value of any shortage, damage or unnecessarily injured property may be deducted from the amount due such soldier before the sum is paid. This act is ordered to take immediate effect. Approved October 24, 1907. Further pro viso. viso. Soldiers not paid before inspection of military property. Dependent and neglected children defined. [No. 6.] AN ACT to define, and to regulate the treatment and control of, dependent, neglected and delinquent children; to prescribe the jurisdiction of the probate courts and the powers, duties and compensation of the probate judges with regard thereto; to provide for the appointment of county agents and probation officers and to prescribe their powers, duties and compensation. The People of the State of Michigan enact: SECTION 1. This act shall apply only to minors. For the purpose of this act the words "dependent child" and "neglected child" shall mean any child who for any reason is destitute or homeless or abandoned or dependent upon the public for support or who has not proper parental care or guardianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person or whose home by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or children other person in whose care it may be, is an unfit place for such child; any child under the age of twelve years who is found begging, peddling or singing or playing any musical instrument as a business or who accompanies or is used in the aid of any person so doing. The words "delinquent child" Delinquent shall include any boy or girl under seventeen years of age, defined. who violates any law of this State or any city or village ordinance, or who is incorrigible or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool-room or bucket shop, or who wanders about the streets in the night time without being on any lawful business or occupation, or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language or is guilty of immoral conduct in any public place or about any school house; every child who is vicious, incorrigible or immoral in conduct, or who is an habitual truant from school or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment. Any child committing any Juvenile of the acts herein mentioned shall be deemed a juvenile de- person, when linquent person and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever excepting in subsequent cases against the same child under this act. delinquent child deemed. to have Jury of six case may be SEC. 2. The probate court shall have original jurisdiction Probate court in all cases coming within the terms of this act, and while jurisdiction. proceeding under this act shall be termed Juvenile Division of the Probate Court. In all trials under this act, any per- how and son interested therein may demand a jury of six or the judge when empanelled. of his own motion may order a jury of the same number to try the case, and the jury so ordered shall be summoned and empanelled in accordance with the law relating to juries in courts held by justices of the peace: Provided, That in case Proviso, when the judge of probate in any county is so occupied with the duty heard in cirdevolving upon him in the probate court as not to have time to attend to the cases arising under this act and shall so certify to the circuit court, the circuit judge or one of them in districts where there is more than one circuit judge, to be designated by the judges of said court, shall hear the cases under this act provided to be heard by the judge of probate, but said circuit judge shall not exercise the powers of the probate court in such cases for a longer period than two cuit court. |