Page images
PDF
EPUB

[ No. 234. ]

AN ACT to provide for the republication and sale of certain

volumes of the reports of the supreme court of this State, and to repeal act number forty of the session laws of eigh. teen hundred and eighty-one, relating to such reports.

When vol- SECTION 1. The People of the State of Michigan enact, That umes of reports are to

whenever a majority of the justices of the supreme court be reprinted.

shall deem it necessary to republish any volume or volumes of the reports of the supreme court of this State, they shall so certify to the Board of State Auditors, and it shall be the duty of the said Board of State Auditors to cause the same to be reprinted under any contract which the State may have for doing its printing and binding and in such quantity, num

ber and quality as such board may direct, and to provide for Sale and dis- the sale, distribution and disposition of such reports as the tribution.

interests of the State may require at a price not to exceed twenty-five per cent in excess of the cost thereof, the proceeds

of all such sales to be paid into the general fund. Act repealed. SEC. 2. Act number forty of the session laws of eighteen

hundred and eighty-one, being "An act to provide for the republication and sale of such of the reports of the supreme court of this state as are or may become out of print and have not been stereotyped, and to repeal act number two hundred and seventeen of the session laws of eighteen hundred and seventy-five, being “An act entitled an act to provide for the republication and sale of such of the reports of the Supreme Court of this state as are out of print,' approved May three, eighteen hundred and seventy-five," and all other acts and

parts of acts inconsistent with the provisions of this act, are Repeal not to hereby repealed: Provided, Such repeal shall not affect, abroaffect existing contracts. gate or annul any existing contract made pursuant to such

act which has not become completed or expired, but such contract shall continue until it is forfeited, set aside or shall have terminated by its own limitation as in this act provided. Nor shall any contractor be deemed to be released from the obligation of any contract nade under said act, during its continuance or until such contract has been fully completed the same as if the act or acts had not been repealed.

Approved May 31, 1897.

[ No. 235. ]

AN ACT to amend chapter one hundred and nineteen of the

revised statutes of eighteen hundred and forty-six, as amended by act number three hundred and twelve of the public acts of eighteen hundred and eighty-seven, being compiler's section eighty-two hundred and eighteen of Howell's annotated statutes relative to proceedings by and against public bodies having certain corporate powers, and by and against officers representing them, by adding a new section thereto to stand as section eight.

SECTION 1. The People of the State of Michigan enact, That Chapter

amended. chapter one hundred and nineteen of the revised statutes of eighteen hundred and forty-six, as amended by act number three hundred and twelve of the public acts of eighteen hundred and eighty-seven, being compiler's section eighty-two hundred and eighteen of Howell's annotated statutes, relative to proceedings by and against public bodies having certain corporate powers, and by and against officers representing them, be and the same is hereby amended by adding one new section thereto to stand as section eight.

SEC. 8. In any case where a judgment has been, or is here. When judgafter recovered against any such village which, by reason of against vilholding no municipal elections, or for any other reason has no lage having

no assessing available assessing officer within the jurisdiction of the court officer. wherein such judgment was rendered, the owner of such judgment or any person knowing the facts, acting in behalf of such owner, may make an affidavit showing that the village against which any such judgment is pending and unsatisfied, has no available assessing officer within the said jurisdiction, and file the same with the clerk of the circuit court wherein said judgment is, or with the justice of the peace having custody of the docket wherein such judgment is written. Whereupon it shall be the duty of such officer as shall make said certified transcript, to attach thereto a copy of said affidavit, the correctness of which copy shall also be certified to in said certificate. Any party receiving such certified transcript of judgment and Duty of super. affidavit, may file the same with the supervisor of the township amount of or townships in which any such village, having no assessing judgment. officer, is located. Whereupon it shall be the duty of said supervisor to assess the amount of said judgment with costs and interest, upon the taxable property of said village, which is without an assessing officer, and thereafter the same steps and proceedings shall be had in the premises as though it were a judgment against the township or townships within which said village is located, save that it shall be assessed against the property within the corporate limits of said village only.

Approved June 4, 1897.

[ No. 236. ]

AN ACT to amend section seven thousand one hundred and

four of the compiled laws of one thousand eight hundred and seventy-one, as amended by act number one hundred and fifty-nine of the public acts of one thousand eight hundred and seventy-one, approved April fifteenth, one thousand eight hundred and seventy-one, being compiler's section eight thousand six hundred and sixty-three of Howell's annotated statutes, entitled “Writs of mandamus and prohibition."

be made to

Section

SECTION 1. The People of the State of lichigan enact. That a mended.

section one of chapter two hundred and twenty-six of the compiled laws of one thousand eight hundred and seventy-one, being compiler's section seven thousand one hundred and four, as amended by act one hundred and fifty-nine of the public acts of one thousand eight hundred and seventy-one, and approved April fifteenth, one thousand eight hundred and seventy-one, entitled "Writs of mandamus and prohibition," being compiler's section eight thousand six hundred and sixty-three of Howell's annotated statutes of the State of Michigan, be and

the same is hereby amended so as to read as follows: Returns must SECTION 1. Whenever any writ of mandamus shall be first writ. issued out of the supreme court, or by any circuit court of this

State, the person, body or tribunal to whom the same shall be directed and delivered shall make returns to the first writ of

mandamus, and for a neglect to do so shall be proceeded When man- against as for a contempt. And whenever on application to lamus is against cir- the Supreme Court for a mandamus against any circuit judge cuit judge.

for the purpose of reviewing any order, decree or decision made by such judge, in any matter or proceeding pending before him, in court, at chambers or otherwise, an order is made requiring such judge to show cause why the prayer contained in such application should not be granted his return shall be settled by causing a copy of his proposed return to such order to show cause, or to said writ, together with a notice when and where the same will be presented for settlement, to be served on the applicant or his attorney at least four days prior to the time of such settlement, which time shall be at least three days

before the time designated, to show cause or the time of the Amendments. return of such writ. Amendments to such showing, or return,

may be proposed by the applicant or his attorney and all disputes respecting the same shall be determined by such judge according to the facts on such settlement.

Approved June 4, 1897.

[ No. 237. ]

AN ACT to amend section one hundred and thirty-four of act

number two hundred and seventy-three of the public acts of eighteen hundred and eighty-one, entitled "An act to authorize proceedings in the circuit courts in chancery in relation to the conveyance of lands by infants, idiots, lunatics, and other incompetent persons, and the sale and disposition of their estate, and to amend sections five thousand one hundred and sixty-three, five thousand one hundred and sixtyfour, five thousand one hundred and sixty-five, five thousand one hundred and sixty-seven, five thousand one hundred and seventy, five thousand one hundred and seventy-one, five thousand one hundred and seventy-three, five thousand one hundred and seventy-four, five thousand one hundred and seventy-five, five thousand one hundred and seventy-six of the compiled laws of eighteen hundred and seventy-one.”

SECTION 1. The People of the State of Michigan enact, That Section

amended. section one hundred and thirty-four of chapter two hundred and forty-seven of Howell's annotated statutes, being section six thousand seven hundred and twenty-four of Howell's annotated statutes of eighteen hundred and eighty-two, be and the same is hereby amended so as to read as follows:

(6724.) SEC. 154. Whenever it shall appear satisfactorily Court may that a disposition of any part of the real estate of such infant, sale, etc., of idiot, lunatic, or other incompetent person, or of his interest real estate of in any term of years, is necessary and proper, either for the support and maintenance of such infant, idiot, lunatic or other incompetent person, or for his education, or that the interest of such infant, idiot, lunatic or other incompetent person requires, or will be substantially promoted by such disposition, on account of any part of his said property being exposed to waste or dilapidation, or on account of its being wholly unproductive, or for any other peculiar reasons or circumstances, the court may order the letting for term of years, the sale, (exchange) or other disposition of such real estate or interest, to be made by the guardians of such infants, idiots, lunatics or other incompetent persons, in such manner and with such restrictions as shall be deemed expedient. Approved June 2, 1897.

40

[ocr errors]

[ No. 238. ]

AN ACT for the ascertainment and protection of the interests

of the State in escheated estates.

istration.

Attorney SECTION 1. The People of the State of Michigan enact, That take charge of the Attorney General of this state, shall, as hereinafter pro property. vided, take charge of all matters pertaining to lands or other

property which may have escheated or which may hereafter escheat to the State by reason of the owners thereof dying

intestate and leaving no legal heirs thereto. To make in- SEC. 2. It shall be the duty of the Attorney General to quiry in each make investigations and inquire in every county of this State property liable to

as to whether there is any property therein belonging to the escheat. estate of any deceased person who was, at the time of his death,

a resident of any county herein, or who was a non-resident, but had property in any such county at the time of his death, and who shall have died intestate, leaving no legal heirs, and whose estate under the laws of descent of this State would become vested in the State; the kind and nature of such property, and

the situation and condition thereof. To institute Sec. 3. Whenever the Attorney General has knowledge proceedings for admin- of any escheated estate, he shall immediately see that due

administration thereof shall be had in the probate court of the county of which the deceased person owning such estate was

an inhabitant or resident at the time of his death, or, if a nonWhen de- resident, in a county in which such deceased person had any ceased per

such estate at the time of his death. If such deceased person, resident.

at the time of his death, resided in any other State or country leaving such estate to be administered in this State, administration thereon shall be granted by the probate court of any county in which there shall be such estate to be administered, and the administration first legally granted shall extend to all the estate of the deceased in this State, and shall exclude the

jurisdiction of the probate court of every other county. Administra- Sec. 4. Administration of the estate of any such person tion granted upon appli- dying intestate shall be granted upon the application of the cation of Attorney

Attorney General to one or more suitable persons. It shall be General the duty of the Attorney General to see that such administra

tion is promptly and properly carried on, and he shall represent the State and protect its interests in all matters pertaining to such estates. Such administration shall be in accordance with the general statutes governing the administration of estates of deceased persons, except as herein otherwise expressly pro

vided. Duty of Attor- SEC. 5. It shall be the duty of the Attorney General to proney General in case of

tect the interests of the State in uncalled for deposits of money deposits of money.

and securities made by any depositor with any person, co-partnership, company or corporation who shall be engaged in the

son was a non

« PreviousContinue »