Public Acts and Joint and Concurrent Resolutions of the Legislature of the ...
von Michigan
amended.
[No. 5. ] AN ACT to amend section six thousand four hundred and four
of the compiled laws of eighteen hundred and seventy-one, being section eight, of chapter two hundred and one, relative to proceedings against debtors by attachment.
SECTION 1. The People of the State of Michigan enact, That Section section six thousand four hundred and four of the compiled laws of eighteen hundred and seventy-one, being section eight of chapter two hundred and one, relative to proceedings against debtors by attachment, be and the same is hereby amended so as to read as follows:
(6404.) SEC. 8. In attaching real estate, or any right or interes in land, it shall not be necessary that the officer should enter upon the land or be within view of it; and in attaching shares of stock, How interest of or the interest of a stockholder in any corporation organized under corporation ato the laws of this State, the levy shall be made in the manner provided by law for the seizure of such property on execution.
Approved February 7, 1877.
enter on land.
tached
[No. 6.] AN ACT to define the powers of notaries in certain cases. SECTION 1. The People of the State of Michigan enact, That it shall not be lawful for notaries public who are attorneys and counselors at law, or solicitors in chancery, to administer oaths in causes in which they may be professionally engaged.
[No. 7. ] AN ACT to amend section four thousand eight hundred and nine
teen of the compiled laws of eighteen hundred and seventy-one, being section ten of chapter one hundred and seventy-two relative to testamentary guardians.
SECTION 1. The People of the State of Michigan enact, That Section section four thousand eight hundred and nineteen of the compiled laws of eighteen hundred and seventy-one, being section ten of chapter one hundred and seventy-two, be and the same is hereby amended so as to read as follows:
(4819.) SEC. 10. Every father may, by his last will in writing, Gaardian, ap: appoint a guardian or guardians for any of his children, whether will.
pointment of born at the time of making the will or afterwards, to continue during the minority of the child, or for any less time, and every such testamentary guardian shall have the same powers, and shall perform the same duties with regard to the person and estate of the Ward, as a guardian appointed by the judge of probate: Provided,
bate,
To be approved That when the mother of such children shall survive the father, udge of pro- the appointment of guardian by such will shall not be operative
until approved by the judge of probate, and after opportunity
afforded to the mother to show cause in opposition thereto. An Appeal. appeal shall lie from the order of approval of the judge of probate,
as in the case of other orders and decrees of the probate court.
Section amended,
[ No. $.] AN ACT to amend section sixty-one of chapter tirenty-one, being
section one thousand and twenty-seven of the compiled laws of eighteen hundred and seventy-one, relative to the assessment and collection of taxes.
SECTION 1. The People of the State of Michigan enact, That section sixty-one of chapter twenty-one, being section one thousand and twenty-seven of the compiled laws of eighteen hundred and seventy-one, relative to the assessment and collection of taxes, be
amended so as to read as follows: When supervisor (1027.) SEC. 61. In case the township treasurer shall neglect or
refuse to file his bond with the county treasurer, in the manner and within the time prescribed by law, and the township board shall fail to appoint a treasurer who shall give such bond and deliver a receipt for the same to the supervisor by the tenth day of December,
the supervisor shall deliver the tax roll and warrant to the sheriff of Powers and du. the county, who shall by himself or his deputy, before he receives ties of sherift,
said tax roll, execute and deliver the bonds required of the township treasurer, and make like collections and returns, and shall be entitled to the same compensation allowed to the township treasurers on all taxes so handed over to him for collection, and, for the purpose of collecting the same, shall be vested with all the powers conferred upon the township treasurer.
to deliver up roll and warrant to sherifi,
[No. 9.] AN ACT to authorize the appointment of a Commissioner of
Mineral Statistics, and defining the duties and compensation of
the same. Commissioner,
SECTION 1. The People of the State of Michigan enact, That it appointment of. shall be the duty of the Governor of the State of Michigan to
appoint, by and with the consent of the Senate, a Commissioner To make annual of Mineral Statistics for the State; whose duty it shall be to
make an annual report to the Governor, setting forth in detail the mineral statistics for the year; with the progress and development of its mining and smelting industries.
SEC. 2. It shall further be the duty of such Commissioner to
report to Gor. error,
make such geological and other surveys as are needed for fully car- To make sur. rying out the purposes of this act; to observe, and to record by maps, ote: maps and plans, when necessary, especial facts which may be developed in the progress of mining and exploration.
Sec. 3. And it shall also be his duty to collect each year, typical To collect specisuites of specimens of the copper, iron, and other ores, and rocks rocks, etc. from the Archæn formations, not less than ten in number, of the State; and examine them microscopically; to name and classify them; showing by geological sections their stratigraphical positions. Such collections to be at the disposal of the State Board of Educa- Collection, how tion, to be distributed among the educational institutions of the State.
SEC. 4. That an annual appropriation of fifteen hundred dollars Annual approbe made, which sum shall cover the compensation and expenses of said Commissioner, and for all surveys and explorations made by him or under his directions; and also include the cost of publication, under his direction and control, of one thousand copies of his report.
SEC. 5. This act shall take immediate effect.
distributed.
priation.
[No. 10.] AN ACT to provide for the purchase of books for the State Library.
SECTION 1. The People of the State of Michigan enact, That the appropriation. sum of one thousand five hundred dollars for each of the years one thousand eight hundred and seventy-seven and one thousand eight hundred and seventy-eight be, and the same is hereby appropriated out of any money in the State Treasury to the credit of the general fund not otherwise appropriated, for the purchase of books for the State Library.
Sec. 2. The money so appropriated shall be drawn from the State How drawn. Treasury upon the warrant of the Auditor General, and shall be expended by the State Librarian with the advice and consent of the Governor, for the purpose aforesaid.
Approved February 10, 1877. NOTE.-This act given immediate effect by Joint Resolution approved March 10th, 1877.
[No. 11.] AN ACT to prohibit any person from obstructing the regular ope
ration and conduct of the business of railroad companies or other corporations, firms or individuals.
SECTION 1. The People of the State of Michigan enact, If any Obstructing busi. person or persons shall willfully and maliciously by any act, or by companies, etc., means of intimidation, impede or obstruct, except by due process of penalty for. law, the regular operation and conduct of the business of any rail
road company or other corporation, firm or individual in this State, or of the regular running of any locomotive engine, freight, or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on conviction thereof, be punished by imprisonment in the county jail not more than three months, or in the State Prison for a period not exceed
ing one year. Conspiring to Sec. 2. If two or more persons shall willfully and maliciously obstruct, penalty combine, or conspire together, to obstruct or impede, by any act or
by means of intimidation, the regular operation and conduct of the business of any railroad company or any other corporation, firm, or individual in this State, or to impede, hinder, or obstruct, except by due process of law, the regular running of any locomotive engine, freight or passenger train, on any railroad, or the labor and business of any such corporation, firm, or individual, such persons shall, on conviction thereof, be punished by imprisonment in the county jail for a period not more than three months, or in the State
Prison for a period not exceeding two years. Act not to apply
SEC. 3. This act shall not be construed to apply to cases of peruntarily quitting sons voluntarily quitting the employment of any railroad company employment. or such other corporation, firm, or individual, whether by concert
of action or otherwise.
Approved February 14, 1877.
halls, etc., mark.
[ No. 12. ] AN ACT to regulate the sale of seats in theatres, concert, or lec
ture halls, and other places of public entertainment. Theatres, concert SECTION 1. The People of the State of Michigan enact, That it ing of seats in
shall not be lawful for the proprietor, lessee or manager of any regulated.
theatre, concert or lecture hall, or other place of public entertainment, to mark, or cause to be marked, any seat, or seats in any theatre, concert, or lecture hall, or other place of public entertainment, as sold, reserved, or taken, unless the seat or seats so marked or designated shall have been actually sold as reserved, at least one hour prior to the time of beginning each performance, or entertainment, in said theatre, concert, or lecture hall, or place of public entertainment, and the purchase of reserved seats for the
purpose of selling them is hereby prohibited. Penalty.
SEC. 2. Any proprietor, lessee, or manager, or other person, who shall violate the provisions of the preceding section, shall on conviction thereof, be fined not less than one dollar and not more than five dollars, for every seat so marked, designated or purchased.
ingof
[ No. 13.] AN ACT to amend sections one hundred and forty-four and one
hundred and forty-five of chapter one hundred and seventy-six, being sections five thousand one hundred and eighty and five thousand one hundred and eighty-one of the compiled laws of eighteen hundred and seventy-one, relative to the courts of chancery.
SECTION 1. The People of the State of Michigan enact, That sec- Soctions tions one hundred and forty-four and one hundred and forty-five of chapter one hundred and seventy-six, being sections five thousand one hundred and eighty and five thousand one hundred and eightyone of the compiled laws of eighteen hundred and seventy-one, relative to the courts of chancery, be so amended as to read as follows:
(5180.) Sec. 144. Such appeal shall be claimed by a written Appeal to be claim, delivered or transmitted within forty days from entry of such thaimi min opritdecree or final order, to the register of the court where such decree time, etc. or order was entered, which said register shall make entry of, and the appellant shall, within said forty days, file with said register a Bond of appellant bond to the appellee or appellees, with sufficient sureties, approved to be approved. by a circuit judge or circuit court commissioner of said county, and with such penalty as such judge or commissioner shall approve, conditioned for the performance or satisfaction of the decree or final order of the Supreme Court in the cause, and payment of all costs of the appellee or appellees in the matter of appeal: Provided, That the motion for such approval shall be on a notice of six days, Notice of motion to the appellee or appellees, said notice to contain the penalty and for approval. the names of the sureties of the proposed bond; and on the hearing of such motion such appellee or appellees shall be heard as to the sufficiency of the penalty named and the pecuniary responsibility of the sureties proposed to such bond: And provided further, That in Additional case of such motion being before a circuit court commissioner, the bonds. circuit court or the judge at chambers of the court in which such decrec or final order is entered may, on special motion, order an additional bond and fix the penalty thereof and approve the sureties thereto on proper showing: And provided further, That the Supreme Court, or the circuit judge of the county where such decree or final order was made, shall, on special motion, and such proper showing, have power, after such appeal is perfected, to order an additional bond, and to fix the penalty thereof, and approve the sureties thereto, or to refer such approval to a circuit court commissioner of the county in which the cause shall have been pending.
(5181.) SEC. 145. Upon the entering of such appeal, and the on entry of apfiling of such bond, as directed in the preceding section, all proceed - Peedings : Pred ings in the cause, in the circuit court in chancery, shall be stayed, except taxation of costs and proceedings in relation to an additional bond, provided for in said section, until otherwise ordered by the Supreme Court; but, if the appeal shall not be claimed, and such original bond filed within the time above limited therefor, no appeal shall be allowed : Provided, That in such case the court in which such Proviso.
stayed.