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General Laws Of Michigan

General Laws Of Michigan image
Parent Issue
Day
24
Month
April
Year
1874
Copyright
Public Domain
OCR Text

iliíi)igon Jtgiis. [No. 1.1 A N ACT tn aniend scction one himdred and twcntyfour of an act entitled " An act lo aiuend chnnter Dlnety-tbiaa of the revi?ed etatutue of echten huudred aud forty-Bix," entitled "Of conrts held by justices of the peace," approved February tliineen, eighteen hnndred and flfty-nvc, nemi{ eeetton flve thonaand tnroe huudrid and eventjrtwo of the coinpilud laws uf eighuen liundred and seventy-one. SbCtionI. The reojyle of the State of Michigan enaet, That ono huudred and twenty-four of chapter one hundred iiid seveuty-eight, being section five thousand three 'huudred and seventy-two of the compilad laws of eightecn hundred and seventy-one, be amended so as to read as folio wb: (5372.) Seo. 124. If before joining issue n any cause, tke defendant therein shall make and file with the justice an affldavit that lie has a good and substantial defense (.i the merite thereof, and that the justice before whom the sanie is pending is a material witness for such defendant, without whose testimony be cannot sarely iiroceed tu trial, and shall stat iu said affldavit fiicrs material to the issue which lie expeets to prove by safd justice, the justice shall, if he lie satisried that lie is a material witness for the defendant, make iu his docket an entry of the tiling óf sucli allidavit, and au order that the suft and all the papers relating thereto bc transferred to sorae other justice in the same township or city, or to gome other justice in any township in the same county adjoining said township or dty, to be n'amed in such order, who shall thereupon proceed to hear, try, and determine the cause in the same nianner as if the suit had been originally .commenced before Urn, and with the like effect. Or the iustice may in such order, in bis discretion, postpóne the hearing of said cause i., such time and place in tbc same city or township, or in any adjoining township in tlie same couuty, as he shall see fit; at which time and place the justice to wliom the cause is transferred shall attend and proceed to hear, try, and determine said cause as aforésaid. Sec. 2. This act shall take Immediate effect. Approyed March 23. 1874. [No. 2.] AX ACT to amend an act entitled " Ati act to authorize nnd empower the Board of Control of titate ewamp land to make an appropriatlon of State swamp lands to aid in the constrnctlon of a railroad from the Straits of Macklnaw to Marqnette Harbor, nn Lakc Superior," aud :o add a new section thurelo. Section I. The People of the State of Michigan enact, That an act entitled "Au act to authorize and empower the Board of (ontrol of' State swamp lands to make an appropriation of State swamp lands, to aid in the construction of a railroad from the Straits of Mackinaw to Marquette Harbor, ..ii i„ake Superior," approved March twenty-first, eighteen hundred and seventythree, be aincnded by adding a new section, to lic section fivc, as follows: Sec. 5. The time limited in this act for eonstructing said railroad shall be and the same hereby is extended for the term of two years from and after the thirty-lirst day Of December, in the year of -our Lord one thousand eight hundred and seventyfive, and all the powers conferrcd upon said Board of Control are hereby revived, renewed, and extended until said railroad shall have been constructed, and all such powers shall be aud remain In full foreé and have the sanie effect as though such powers liad not been before this time in any nianner exercised; and said Board of 'ontrol shall have full power aud authority to restituí, tnodify, or atnend any resolution or regulation they inay make, or may have made, necessary to secure the early .ompletioii of said railroad. Sec. 2. This act shall take immediate effect. Approved March 24, 1874. [No. 3.] AX ACT to authorize proceedings by the State to condemn private property for public use. Sbction 1. The People of the State of Michigan enact, That it shall be lawful for the Governor or any other person or persons, wheu by law authorized to purchase for the State at private sale, or by condemuatlon, land as a site .for any State building or buildings, State institution, or public use, to institute or cause to be instituted proceedings in the name and behalf of the State of Alichigan against the land sought to be acquired, and against theownersand persons interested therein, in the circuit court of the county where the land is situated, for the purpose of acquiring by the State title to such land by judicial condemnatiou. Aud the said court in which such proceeding may be instituted, shall have aud possess full jurisdiction of the subject matter of such proceedings. and power to hear, adjudge, and determine all matters touching the proceedings, and the rights and interests of all concerned. Sec. 2. That upon request of the Governor or other person or persons authorized as aforesuid, it shall be the duty of the Attorney General of [the] this State, or of the prosecuting attorney of the county where the land is situated, as the case may be, to cause a petition to be made and llled in the proper court, sígíied by the Attorney General or prosecuting attorney, addressed to the court, setting forth, with reasonable certainty, a description of the land sought to be acquired, the names of all persons owning or baving an' interest therein, so far as disclosed by the recordé of titles of the county in which the land is situated, or can be ascertained from actual oceupants; that the petition is made and presented for the purpose of acquiring the title and ownerehip of the land described in the petition, to and for the use of the State of Michigan, and specifying generally the purpose tor which it is to be used. And the petition shall ask tliat all persons interested in the premises, or any part thereof, be sumraoned to appear and answer the petition, and show cause, if any they have, against the same. Upon filing the petition, summons shall issue in aceordance ivith the prayer thereof, against the persons named therein, returnable on a day to be named, which shall not be less than tïve days from t he issuing and test thereof, and "shall be served at least three days before the return day, by the sheriff or other offleer authorized to serve process of summons, accoïding to the rules and practice of the circuit court in other cases at law. If there are minors or persons of unsound mind interested in the premises, service may be made upon the guardián of any such person, or the court may appoint a guardián ad litem for any such person, who may appear and defend for the person he representa. If there are non-resident or absent persons upon whom service cannot be obtained within the county, the court may order service upon any such person wherever he may be found, and in such manner as may lt directed. The person serving any such process on such non-resident or absent persou shall make proof of service by arrlilavit, stating the place, time, and manner of service. Or the court may order and cause notice to be given to such absent or non-resident person, by publication in such newspaper printed aud published in the county as the court shall desígnate, and for such length of time as the court may think proper, not less than three weeks, once in each week ; and any such service out of the county, or notice by publication, shall be as ell'ectual for all the purposes of such proceeding and in the condemnation of the land as though the persons had been personally served within the county. Sec. 3. That when all the parties named in the petition have been summoned or notilied, in the manner provided, and the time for tlieir appearance shall have expired, the court shall hear a'uy and all persons who shall have appeared and interposed objections to the petition or proeeedings, and proceed to decide the quèstions raised, and may vacate the petition, orany part of the proceedings for cause, and may allow amendments of the petition, in forra or substance, as the richt of the matter shall demand. If any person hAying an interest in the land has been overlooked, or not summoned or notified, the court may continue the proceedings and cause such person to be served or notified. If the petitiou and proceedings are sustained, the court shall appoint three commissioners, reoidents and treeholders within the county, not interested or of kin to any of the" persons interested in the land, toascertain and determine the necessity for taking such property, and the compensation for damages, or both, wliich ought to be paid by the State to each of the owners and persons interested in the premises, as and for his, her, or their just compeusation for the land sought to be taken. Such eommissioners shall be sworn to faithfully and juslly discharge their duties in ihe prem9es according to their best nbilily. They shall visit tlie land sought to be acqulred, shall ascertain ihe separate interest ofeach person owning or Interested In any part of the premisos, and the description of bis or her separate interest in tlie parcel; shall baar, in the presence and under direction af the court, evldence touchlngtue matters thcy are to lind, brought forward by any person having an interest, and shall rind all necessary facts to possess the eourt with the truth aiid right of the matter, but shall not be required to ftnd what evidenee was oft'ered or given, and shall report to the court, In writlng, their findings. Instead of conimissioners, the court, with or without the request of any person interested in anv portion of the premisos described in the petüion, may, and upbn the request of any such person shall, onler a venire to issiie to the sheriff, to sumnion twelve jurors who shall be residents and freeholdere of the county where the land is situated, to attend at a time to be uamed befóre the court, to serve as a jury. Any person interested in any part of the pre. mises may object for cause to any of the jurors, but thêre shall be no peiemptory challenge allowed. In case any juror falla to appear, is excused, or set aside trom the panel, the court may order the sheriff, or oftierpropw ofncer in attendauee, tosutninon forthwith the requisite number of talesnieu to form the jury. The juiy shall be sworn, as is required of eommissioners, and thèj shall view tlie premiges, hear evidenee if offeren, determine the necessity for taking such property, and the same proceedings be had, as near'as tnay be, as hcreinbefore required in refereiice to conimissioners. Sec. 4. The court shall hear objections, if any, to the report of the comnnssiouers or jury, as the case may be, and may set aside the report and ftnding, or continu the same, and if confirmed, shall enter a judgment of [conlirmation] conforniation, and that all right, title, and interest, of, in, and to the land and premises, vest in the State of Michigan : l'roriikd, That the State, within such time as shall be therein prescribed, shall deposit in the court the amount found by the report of the eommissioners or jury, as the just compensation and damages to be paid to the owners and persons interested. If, within the time so prescribed, the State shall cause to be deposited the surn so found, the court shall thereupon enter an order and judgment that the title of the State in and to said land and every part thereof is perfect, and has become absolute, and may issue the necessary writ of assistance, conimanding the sheriff to deliver the possession of snob land to the State; and thereupon the title and right of the State to such land shall be absolute and binding against all persons whomsoever. The persons owning and interested in said land according to the report and finding aforesaid, shall be entitled, on applying to the court, to be paid on the order of the court the amount or sum to vvhich they are respectively entitled, according to such report or finding ; for the sum received they shall respectively give to the clerk their receipt, in writing. to be by tlie clerk forwarded to the State Treasurer. In case the State does not, within the time so prescribed, deposit in court the amount of compensation and damages awarded, the court shall order the proceedings dismissed, and the State take nothing thereby. In the proceedings authorized by this act the court shall, as to the practico and mode of proceedings, be governed hy the rules applicable in cases at law, except as is in tliis act otherwise expressly provided. The expense of the proceedings shall be paid by the State, and a certifled copy of the record of the proceedings and judgment of the court shall, together with the record thereof, in the office of the register of deeds of the couuty, be evidenee In all coarta and places. Sec. 5. This act shall take Immediate efl'ect. Approved March 24, 1874. [No. 4.1 AN ACT concerning aubmarine sites for lighthouses, and other aids to navigatiou. Sbction 1. The People of the State of Michigan enact, That wheuever the United States of America desire to acquire title to land belonging to the State, and covered by the navigable waters of the United States of America, within the limita thereof, for the site of a light-nouse, beacon, or other aid to navigation, and application is made by a duly authorized agent of the United States, desonbiug the site required for oue ot the purposes aforesaid, theu the Uoveruor of the State is authorized and empowered to couvey the title to the United States, and to cede to the United States jurisdiction over the same: Provided, No single tract shall contain more thau ten (10) acres, and that the State shall retam concurrent jurisdiction so far that all process, civil or criminal, issuing under the authority of the State, may be executed by the proper officer thereof upou any persou or persous amenable to the same withiu the liinits of land so ceded, in like manrier and to like effect as if this act had never been passed. Sec. 2. This act shall take immediate effect. Approved March 24, 1874. [No. 6.] AN ACT to cede jurisdiction to the United States on certain land, and for the puichase and condemnation thereof. Sbction 1. 'Ihe People of the State of Michigan enact, That the United States oí America shall have power to purchase, or to condenan, in the tnanner prescribed by its laws, upon making just compensation therefor, any land in the State of Michigan required for custom houses, arsenals, light-houses, national cemeteries, or for other purposes of the goverument of the United States. Sec. 2. The United States may enter upon and occupy any land which may have been or may be purchased or condemned, or otherwise acquired, and shall have tne right of exclusive logislation ind concurrent jurisdiction together with the State of Michigan, over such laud and the tructures thereon, and shall hold the same exempt from all State, county, and municipal taxation. Sec. 3. This act shall take immediate effect. Approved March 24, 1874. [No. 6.] AN ACT relative to taxation. Section 1. The People of the State of Michigan enact, That whenever it shall come to the knowledge of the supervisor or proper assessing officer of any town, city, or ward, that any land liable to taxation in said towu, city or ward at the time of taking the assessment of the preceding year was omitted from the assessment roll of said year, it shall be the duty of the supervisor to enter said land upon the assessmeut roll of the current year at a proper valuation ol such property for assessment for the year in which said land was omitted from the assessment roll. Sec. 2. The board of supervisors of the county in which said towu, city, or ward is situated shall, at the next annual meeting after such assessment, proceed to levy taxes upon the same at a rate per cent of taxes imposed upon the land in said town, city or ward for the year in which such land was omitted from the assessment roll. Sec. 'ó. The whole amount of the taxes levied upon land omitted m the tax levy of the preceding year shall be d9ducted from the aggregate amount of taxation to be levied upon said town, city, or ward for the curreut year, before such tax for the current year is levied, and shall be collected or otherwise disposed of by the same authority and in the same marnier as are ordinary taxes for the current year. Sec. 4. The assessment provided for in the first section of this act shall be made within the time, and in the same inanner, and subject to the same provisión of law as to assessment and review and otherwise, as is the assessment for the current year; and the lands placed upon the assessment roll under the provisión of such section, shall be placed upon a part of said assessment roll separate and distinct from the lands as aasessed for the current year, and immediately preceded by a statement which shall distinctly set forth the year in which such land was omitted from the assessmeut roll, and for which it is then placed thereou, SBO. 5. This act shall authorize plaeiug upon the assessmeut roll for the year eighteen hundred and seventy-four lands legally subject to taxation when omitted from the assessment roil for the year eighteen hundred and seventy-two and eighteen hundred and seventy-three, and hereafter shall be limited to the assessment ot lands omitted from the assessment roll of either or both of the two years next preceding that in which they are placed upou the roll, and at the time of such omission logally liable to assessment and taxation. Sec. 6. Lands heretofore or hereafter placed upon the assessment roll for any year, but not within the time required by law, the taxes upon which remaiu unpaid'until the expiration of the time herein provided for the assetssinent ot such land, shall, for purposes ot this act, be construed as omitted therefrom, and may be placed upon the assessmeut roll of the curreut year in the same inanner as indicatod above, except that in case the value of iands so placed upon the former assessment roll shall have entered into the valuation of the property of the town, city or ward, as was equalized by the board of supervisors, and upon which-the tax was thercto apportioued, then the amount ol taxes against such land shall not be deducted trom the aggregate amouut of taxation to be levied upon the town, city or ward, within which they are situated, as provided iu sectiou three of this act. Seo. 7. Whenever the auditor general shall have rejected any tax in the first mstauce, or have charged the same to the county to which it shall have been credited on account of auy inaccurate or imperfect description of land upou which such tax was laid, or tor any other son, the board of supervisors of the county hall, f such tax was rejected or charged back on account of inaccuracy or imperfection of descrip;iou of the land o which it was laid, add to ,he then current assessment roll of tho proper town, city, or ward, a correct description of such and, and cause to be assessed thereou tlie tax, interest, and charges in arreara, and the aamp to te collected with the taxes of the theu currant year, and in the sanie manner. Sec. 8. The taxes, together with all interest and charges in arreara, upou any land rejected or charged back by the auditor general for the reasou that such land was not subject to taxation at the time prescribed by law for the assessment for such taxes, or that the taxes thereon had been once paid. Dr that there had been a doublé assessment thereof, shall, by the board of supervisors, be levled upon the property at large of the proper township, or otherwise disposed of as may appear equitable, except that they shall not be re-assessed upon the same land. Seo. 9. The taxcn, interest, and charges in arrears upon any land rejocted or charged back for any reason, except as pecified in the two preceding s'ecbons, may be re-assessed upon the same lands, levied upou the taxuble property of the proper township, or otherwise disposed of by the board of supervisors as raay be equitable. Sec. 10 The assessments made and taxes levied under the provisión of this act, shall, in uH matters except as hereinbefore specifiod, be subject to the proviBions of an act entitled " An act to provide for a uniform assessment of property, and for the collection and return thoreof," approved April sixth, eighteen hundred and sixtyniue, and to the amondmeuts thereto. Sec. 11. This act shall take immediat.e effect. Approved March 24, 1874. [No. 7.] AN ACT to amend section three thousand miie hundred and eighty-seven of the compüed laws of eighteen huudred and seventy-one, relative to the sale of swamp and primary school lands in the mineral range of the Upper Península, heretofore withheld from market as mineral lands. Section 1. The People of the State of Michigan enact, That section three thousand ïiine hundred and eighty-seven of the compiled laws of eighteen huudred and seventy-one, relative to the sale of swamp and primary school lands in the mineral range of 'the Upper Península, heretofore withheld from market .as minera lands, be and the same is amended so as to read as foüows: (3987.) Sec. 4. The pay of such agenta shall be flve dollars per day, lor the time actually and necessarily spent in the discharge of their duties, together with their actual aud reasonable traveling expenses ; and their accounts for such services and expenses, properly verifiéü by such agents, when allowed by the Board of State Auditors, shall be paid by the State Treasurer, upon the warrant of the Auditor General, out of any money iu the Treasury not otherwise appropriated. Sec. 2. This act shall take immediate effect. Approved March 26, 1874.

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Old News
Michigan Argus