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Laws Of General Interest

Laws Of General Interest image
Parent Issue
Day
14
Month
July
Year
1881
Copyright
Public Domain
OCR Text

Preparad for the l.ansiiiK Republican. Among the laws passed by the Michigan legislatura at thesession justclosed was act No. 1, in íelation to GAItNlKHMlvNT. It provides that in all personal actions arising upon contract, brought in circuit or municipal courts of civil jurisdiction, and in all cases where there remains unpaid moneys upon any judgment or decree rendered, in any of the several courts mentioned, if the plaintiiï, his agent oratlorney, shall file with the clerk of the court at the time of or af ter the commencement of suit, or at any time af ter reudition of judgnient or deeree, an aifidavit stating that he lias good reason to believe that any persun (naming him) has property, money, credits, or effects belonging to the defemlant, or that such person is indebted to the defendant, whether such indebted ness is due or not, and that the said defendant is justly indebted to the plaintiff in such contract, judgment, or decree, in a gh en amount over and above all legal set-oñfs, and that afflant is justly apprehensive of the loss of the same unless a writ of garnishment issues to the said person, such writ shall be issued in the same manner as writs of suinmons. The subsequent proceedings are to be substantially the saine is upon garnishments under the former law. The act was ordered to tako immediate effect. WEATHER RECOKÜ AH KVIUENCE. Act !N"o. 53 provides that any copy of the record of observattons as to the condition of the weather, taken under the direction of the signal service department of the United States, wheu certiüed by the officers in charge thereof, as in this act provided, shall be received in evidence in any civil cause in any court and shall be prima facie evidence of the facts therein stated. SUPREMJË COURT OPINIONS. Act No. 59, to require judges of the supreme court to prepare and lile a syllabus to each and every opinión by them delivered, provides that a syllabus of the points of law decided in each and every cause determined in the preme court shall be prepared in writing by the justice delivering the opinión of the court, and flled with the opinión of the cause, which shall be confined to points of law arising upon the f acts in the cause that have been detennined by the court. Such syllabus shall be submitted to the justices concurring therein for revisión, before filing, and shall be presented as the head-notes of such cases in the Michigan reports. %$T This law the supreme court ref uses to obey. SUITS AGAINST 1NSUKANCE COMPANIES. Act No. 178 provides that suits may be commenced, tried, and disposed of against insurance companies, organized under the laws of this 3tate, intho circuit court of any county of this state in which the plaintiif resides, and such company shall issue policies or take risks, in the same manner and with like effect as if suits were brought in the county where the office of the company is located; also, that such suits may be commenced by declaration or by writ, which may be served by the sheriff of the county where the snit is brought, or by the sheriff of the county where the home office of the company is located. DEPOSITION8 TAKEN BEEORE NOTAKIE6 JUSTICKS OF THE PKACE, ETC. Act No. 106 provides that depsitions in any case pending in a court oï record, may be taken by a stipulation between the parties to such suit, by and before a notary public, justice of the peace or other officer authorized to adiuinister oaths, which officer shall have all the authority of a circuitcourt commissioner to take depositions in said cause. The officer taking such deposition shall be entitled to receive for his services the same compensation as is now allowed by law for taking such depositions before a ircuit-court commissioner. This law also provides that such depostion may be taken stenographically, under the rules therein piovided , for which the stenographer shall be entitled to such compensation as may be agreed upon by the parties. JU KV (JOMMISSIONEKS. Act No. 160 provides that in tlie county oí Wayne there shall be "a board of jury commissioners," consisting of six qualified electora and freeholders of said county, 1 bree of whom shall reside in the city of Detroit and three in the townships. These commiseioners shall be appointed by the senate, on the nomination of the governor. It is made theirduty to select from the assessment rolls on tile in the county treasurer's oiïice of oacli townshipand WUi, for the preceding year, lists of grand and petit jurors lor the circuit coHrt of Wayne county, and also to make lists of petit jurors for each of the municipal couvts of record of the city of Detroit. LEGAL IIOLIDAYS. Act No. '208, to amend ni nut to designate holidays, etc., approved March 8, 18G5, provides that the lst day ef January, called New Year's day. the 22d day of February, called Washington' birthday, tho 4tli day of July, the 25th day of December, callee! Cliristmas day. the 30th day of May, called DecOEation day, and any day appointed by the governor of this state or the president" of the United States as a day of fasting and pïsyer or thanksgiving, shall tor purposes of presenting for paynient or acceptance, and of ingnoticeof the diskonor ot bilis 01 exchange, bank cfiecks, and promissory notes, made af ter this act shall take effect, alsof or holding courts.be treated and consideral as the first day of the week. called Sunday. Provided, that in case any of the holidays shall fall upon a Sunday, then the following Monday shall be considered as the said holiday. SUITS AGAINST FOREIGN CORPORATIONS. Act STo. 256, to provide for suits against foreign corporations, declares that suits may commence atlaworin eauitv in the circuit court of any ty in this state where the plaintiff resides, or service of process may behad, and in cases where the plaiutiff is a non-resident in aay county of the state, against any corporation not organized under the íaws of this state, in all cases where the cause of action accrues within the state of Michigan, by service of a summons, declaration, or chancery subpoena within the state of Michigan, upon any oflicer or agent of the corporation, or upon the conductor of any railroatf train, or upon the masler of any veisoel belonging to or in the service of the corporation against which the cause of action has accrued. No judgement shall be rendered for 60 days after commencement of suit, and the plaintiff must serve notice by mail to the defendant corporation at its home office. Says Emerson: -'Society undergoes continual changes; it is barbarous, it is civilized, it is Christianized, it is rich, it is scientiflc; but this change is not amelioration. Por everything tliat is given something is taken. Society aequires new arts, and loses oíd instincts. The cl .'ili.ed man lias built a coach, but lias lost the uso of his f eet; he has a fine Geneva wateh, but cannot teil the hour by the sun." The question, therefore, whether civili.ation is a benefit to mankind, appears to come to this- wheUier what is gained by it is of more value than that whicu is lost. Blessings are strewed like flowers in our pathway; It rests with us to gather thom up carefully or pass them by.

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Subjects
Old News
Ann Arbor Democrat