Imágenes de páginas
PDF
EPUB

Authorizing proceedings by garnishment.

Plaintiff shall

file affidavit

with clerk of

circuit court

stating when he believes any person has goods or property of defendant.

(8058) SECTION 1. That in all personal actions arising upon contracts, express or implied, brought in the several courts or municipal courts of civil jurisdiction, whether commenced by declaration, writs of capias, summons or attachment, and in all cases where there remains any sum unpaid upon any judgment or decree rendered in any of the several courts herein before mentioned or upon any transcript of a judgment filed in said courts, if the plaintiff, his agent or attorney, shall file with the clerk of said circuit court at the time of, or after the commencement of suit, or at any time after rendition of judgment or decree (or the filing of a transcript of judgment), an affidavit stating that he has good reason to believe, and does believe, that any person (naming him) [has] his property, money, goods, chattels, credits or effects in his hands or under his custody or control, belonging to the defendant (or any or either of the defendants), or that such person is indebted to the defendants, (or any or either of the defendants), whether such indebtedness is due or not, and that the principal defendant (naming him or them), is justly indebted to the plaintiff on such contract, judgment, decree or transcript, in a given amount, over and above all legal setoffs, and that the plaintiff or affiant is justly apprehensive of the loss of the same, unless a writ of garnishment issue to Writ of garn- the aforesaid person, a writ of garnishment shall be issued, sealed, and tested in the same manner as writs of summons, and directed to the sheriff, reciting the commencement of said suit, or the rendition of judgment or decree against the principal defendant, (or any or either of the defendants), or the (filing of a transcript of judgment), and the filing of the affiSuch person to davit aforesaid, and thereupon commanding said sheriff to warn and summon such person to appear before said court (on or before) a day to be named therein, which day shall not be less than fourteen days from the date of issuing the same, to make disclosure in writing under his oath to be filed with the clerk of said court, touching his liability as garnishee of the principal defendant, (or any or either of the defendants) (naming him or them), as charged in said affidavit, and thenceforth pay no money and deliver no property to the principal defendant, (or any or either of the defendants), and of said writ make due return.

ishment shall be issued.

appear and

make disclos

ure as to his liability as garnishee.

Section repealed.

(8089) SEC. 2. Section thirty-three of chapter two hundred and seventy-seven (being compiler's section eight thousand and eighty-nine) of Howell's annotated statutes of Michigan, is hereby repealed.

Approved February 5, 1897.

[ No. 7. ]

AN ACT making an appropriation for the current and running expenses of the Michigan Home for the Feeble Minded and Epileptic, until the general appropriation for that purpose shall be available.

SECTION 1. The People of the State of Michigan enact, That Appropriathere be and is hereby appropriated for the Michigan Home tlon, amount. for the Feeble Minded and Epileptic, out of any money in the State treasury not otherwise appropriated, the sum of ten thousand dollars for the purpose mentioned in section two of this act.

SEC. 2. Said money hereby appropriated shall be immedi- Purposes. ately available, and shall be used for the purpose of paying the current and running expenses of said home from January first eighteen hundred and ninety-seven, until the regular and ordinary appropriation for that purpose shall be [made] make available, and the sum hereby appropriated shall be Amount to be deducted from the gross amount of such regular and ordinary regular appro[appropriation] appropriated as an advance upon the same priation. when such regular and ordinary appropriation for the current expenses at said home for the year eighteen hundred and ninety-seven shall have become available.

This act is ordered to take immediate effect.
Approved February 11, 1897.

deducted from

[ No. 8. ]

AN ACT to provide permanent headquarters in the Capitol building for the Grand Army of the Republic, to designate the purposes for which the same shall be used and to provide for an annual report by the Commander.

Auditors to set

headquarters.

under charge

SECTION 1. The People of the State of Michigan enact, That Board of State the Board of State Auditors shall set apart a suitable, fur- apart room nished room in the Capitol at Lansing, to be known as Head- for G. A. R. quarters room of the Grand Army of the Republic, Department of Michigan. Said room shall be given like care and attention as is given to other office rooms in the Capitol. The Room to be room shall be under the charge of the Commander of the of GA. R. Grand Army of the Republic for the Department of Michigan, for Michigan. and such officer or officers of the Grand Army of the Republic as he or his successors in office may appoint, and said room shall be used for the purpose of storing its supplies and property, arranging and keeping the records and history of the Department of Michigan Grand Army of the Republic, and

commander

accessible for historical purposes.

conducting the general office business of the Department as Records to be directed by the Commander. The records shall be accessible under suitable rules and regulations established by the Commander of the Department or his authorized assistant, to members of the Grand Army of the Republic and others engaged in collecting historical information.

Commander

of G. A. R.

to report annually to Governor.

SEC. 2. The Commander of the Department of the Michigan for Michigan Grand Army of the Republic, shall annually report to the Governor on or before the first day of June of each year, such portions of the transactions of the Grand Army of the Republic as he may deem to be of interest to that organization and the people of the State. Eight hundred copies of this report shall be printed and bound in paper cover. Two hundred copies shall be distributed among the members of the legislature and State officers, and six hundred copies shall be delivered to the Commander of the Department for distribution among the posts of the Grand Army of the Republic. This act is ordered to take immediate effect. Approved February 11, 1897.

Distribution of report.

County clerks and clerks of courts of

record to report applications for divorce to Secretary of State.

Secretary of

State to supply blanks. What to specify.

Secretary of
State to

tabulate and

[ No. 9. ]

AN ACT to provide for the collection and publication of statistics of divorces in Michigan.

SECTION 1. The People of the State of Michigan enact, That the clerks of circuit courts for the several counties, the clerks of superior courts and of all other courts having jurisdiction in divorce cases shall annually, on or before the first day of February in each year, make returns to the Secretary of State in relation to petitions or bills for divorce in their respective courts, for the year ending on the thirty-first day of December preceding such returns. The returns shall be made on blanks supplied by the Secretary of State for that purpose, and shall specify the following details; Number of petitions or bills pending at the beginning of the year; whole number of petitions or bills filed within the year; number of divorces granted; number of divorces refused; number of petitions or bills contested; number of petitions or bills pending at the end of the year; alleged cause for divorce in each case; sex of complainant; date and place, state or country, where the marriage was performed; the name of each party; age of each party; number of children in family.

SEC. 2. The Secretary of State shall prepare from said returns abstracts and tabular statements of the facts relating include in re- to divorces in this State and embody the same in the annual report relating to the registry of births, marriages and deaths. Approved February 11, 1897.

port of vital

statistics.

[ No. 10. ]

AN ACT to repeal act ninety-five of the public acts of eighteen hundred and eighty-five, entitled "An act to provide for the collection of apiarian statistics," being compiler's sections eight hundred and thirty-eight b, and eight hundred and thirty-eight c, of the third Howell's annotated statutes.

SECTION 1. The People of the State of Michigan enact, That Act repealed. act ninety-five of the public acts of eighteen hundred and eighty-five, entitled "An act to provide for the collection of apiarian statistics," being compiler's sections eight hundred and thirty-eight b, and eight hundred and thirty-eight c, of the third Howell's annotated statutes, be and the same is hereby repealed.

This act is ordered to take immediate effect.
Approved February 11, 1897.

[ No. 11. ]

AN ACT to amend section forty-five of chapter one hundred and fifty-eight of the compiled laws of eighteen hundred and seventy-one as amended by act number ninety-two, public acts of eighteen hundred and eighty-five, the same being section five thousand nine hundred and thirty-two of the third volume of Howell's annotated statutes, relative to the payment of debts and legacies of deceased persons.

SECTION 1. The People of the State of Michigan enact, That Section section forty-five of chapter one hundred and fifty-eight of the amended. compiled laws of eighteen hundred and seventy-one, as amended by act number ninety-two, public acts of eighteen hundred and eighty-five, the same being section five thousand nine hundred and thirty-two of the third volume of Howell's annotated statutes, relative to the payment of debts and legacies of deceased persons, be and the same is hereby amended so as to read as follows:

estates of

son may be

(5932.) SEC. 45. If any person shall be liable as security When claims for the deceased or have any other claim against his estate against which cannot be proved as a debt before the commissioners, or deceased perallowed by them, the same may be presented with the proper presented. proof to the probate court, or to the commissioners, who shall May be prestate the same in their report, if such claim shall be presented probate court. to them; and in case such claim shall be made against such estate by reason of any bond or agreement of any kind in writing, signed by the deceased and binding him to pay any certain sum or sums for the support of the claimant for the

How paid.

lifetime of such claimant (or for a term of years), or to perform certain work for another, for the non-performance of which his estate is liable, or binding deceased to pay any sums as rental When claims during a lease, the administrator of said estate, by and with may be compromised. the consent of such claimant and the approval of the judge of probate, may compromise and settle such claim in such manner as shall be just and shall be determined by said judge of probate or probate court, and the same so determined shall be paid as other debts of said deceased, and the administrator in effecting such compromise is empowered, if necessary and if so ordered by the judge of probate, after such notice as he shall direct, to purchase the real estate covered by the lease, and in case of the purchase of real estate as above provided the same shall be treated as personal property in the hands of the executor or administrator and disposed of and distributed as such.

This act is ordered to take immediate effect.
Approved February 11, 1897.

Temporary

[ No. 12. ]

AN ACT making an appropriation for the current and running expenses of the Michigan Mining School until the general appropriation for that purpose shall be available.

SECTION 1. The People of the State of Michigan enact, That appropriation. there be and is hereby appropriated for the Michigan Mining School, out of any money in the State treasury not otherwise appropriated, the sum of twenty thousand dollars for the purpose mentioned in section two of this act.

Money to be immediately available.

To be de

ducted from regular

SEC. 2. Said money hereby appropriated shall be immediately available, and shall be used for the purpose of paying the current and running expenses of said school from January first, eighteen hundred and ninety-seven until the regular and ordinary appropriation for that purpose shall be available, and the sum hereby appropriated shall be deducted from the gross appropriation. amount of such regular and ordinary appropriation as an advance upon the same when such regular and ordinary appropriation for the current expenses at said school for the year eighteen hundred and ninety-seven shall have become available.

This act is ordered to take immediate effect.
Approved February 17, 1897.

« AnteriorContinuar »