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When volumes of reports are to

[ 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.

SECTION 1. The People of the State of Michigan enact, That 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, number and quality as such board may direct, and to provide for Sale and dis- the sale, distribution and disposition of such reports as the 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.

tribution.

Act repealed.

Repeal not to affect existing contracts.

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and seventy-five," and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed: Provided, Such repeal shall not affect, abrogate or annul any existing contract made pursuant to such act which has not become completed or expired, but such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 made 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act, during its continuance or until such contract has been fully completed the same as if the act or acts had not been repealed.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.

amended.

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

ment is

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 judg ment 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 superaffidavit, 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.

visor to assess

Section

a mended.

Returns must be made to

first writ.

When manlamus is

against circuit judge.

[ 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."

SECTION 1. The People of the State of Michigan enact. That 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:

SECTION 1. Whenever any writ of mandamus shall be 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 against as for a contempt. And whenever on application to the Supreme Court for a mandamus against any circuit 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."

amended.

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

order lease,

infant.

(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 a 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

Attorney
General to

[ No. 238. ]

AN ACT for the ascertainment and protection of the interests of the State in escheated estates.

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.

To make inquiry in each county as to property fiable to escheat.

To institute proceedings

for administration.

When deceased person was a nonresident.

Administration granted upon application of Attorney General.

Duty of Attorney General in case of

deposits of money.

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.

SEC. 2. It shall be the duty of the Attorney General to make investigations and inquire in every county of this State as to whether there is any property therein belonging to the 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.

SEC. 3. Whenever the Attorney General has knowledge 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 nonresident, in a county in which such deceased person had any such estate at the time of his death. If such deceased person, 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.

SEC. 4. Administration of the estate of any such person dying intestate shall be granted upon the application of the Attorney General to one or more suitable persons. It shall be the duty of the Attorney General to see that such administration 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 provided.

SEC. 5. It shall be the duty of the Attorney General to protect the interests of the State in uncalled for deposits of money and securities made by any depositor with any person, co-partnership, company or corporation who shall be engaged in the

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