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or lapsed to hold himself out by the use of any sign, newspaper advertisement, pamphlet, circular or any other means as qualified to practice optometry. It shall also be unlawful for any person except those registered under the provisions of this act and whose certificate of registration has not been revoked, to have in his possession any trial lenses, trial frames, graduated test cards or other appliances or instruments for the purpose of rendering assistance to his patrons in the selection of lenses, spectacles or eye glasses, or to use in testing the eyes for the sale of spectacles or eye glasses, lenses other than the lenses actually sold, or to sell precision lenses or replace broken lenses in spectacles or eye glasses except upon prescription of a regularly licensed optometrist or physician. Any person making a sworn statement or affidavit in connection with any matter relating to this act proved to be false, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section nine of this act.

Approved May 10, 1923.

Section amended.

Salary.

[No. 165.]

AN ACT to amend section thirty-five of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the state of Michigan," being compiler's section fourteen thousand five hundred two of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-one of the public acts of nineteen hundred twenty-one.

The People of the State of Michigan enact:

SECTION 1. That section thirty-five of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the state of Michigan," being compiler's section fourteen thousand five hundred two of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred eighty-one of the public acts of nineteen hundred twenty-one, is amended to read as follows:

SEC. 35. In the twenty-second circuit the stenographer shall be paid an annual salary of three thousand dollars. Approved May 10, 1923,

[No. 166.]

AN ACT to amend section three of chapter sixty of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being section fourteen thousand forty of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

amended.

SECTION 1. Section three of chapter sixty of act number Section three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being section fourteen thousand forty of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 3. At the time and place appointed for such hearing, Hearing. or at such other time as the same may be adjourned to, upon proof by affidavit of service of the notice directed by the judge of probate, the court shall proceed to a hearing, and all persons interested in the estate may appear before the probate court, and defend against such petition; and the court may examine on oath the petitioner, and all others who may be produced before him for that purpose. Approved May 10, 1923.

[No. 167.]

AN ACT to amend section six of chapter thirteen of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being section twelve thousand four hundred nine of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section six of chapter thirteen of act number Section three hundred fourteen of the public acts of nineteen hun- amended. dred fifteen, "The judicature act of nineteen hundred fifteen," being section twelve thousand four hundred nine of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

with process.

SEC. 6. In all chancery cases, and in suits at law when Service of bill commenced by original writ, plaintiff may cause to be served or declaration with the process, a true copy of the bill of complaint or declaration in said cause and the defendant therein shall be required to plead or answer within fifteen days after such service. If the plaintiff shall not serve a copy of his bill of Appearance.

complaint or declaration with the process, the defendant shall appear within fifteen days after service of process, after which, copy of the bill of complaint or declaration shall be served upon defendant or his attorney within fifteen days: Proviso, ser- Provided, That where service of process against corporations vice upon in- is made upon the commissioner of insurance, secretary of missioner, etc. state or the banking commissioner, the defendant shall not be required to plead or answer thereto until thirty days after the mailing of the copy of such process to such defendant by said commissioner of insurance, secretary of state, or banking commissioner.

surance com

Approved May 10, 1923.

Sections amended.

[No. 168.]

AN ACT to amend section one of chapter sixty-six and section one of chapter seventy-five of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," being sections fourteen thousand one hundred sixty-six and fourteen thousand three hundred thirty-seven, respectively, of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter sixty-six and section one of chapter seventy-five of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act,

being sections fourteen thousand one hundred sixty-six and fourteen thousand three hundred thirty-seven, respectively. of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows:

CHAPTER LXVI.

Of the Jurisdiction, Powers and Duties of Justices of the
Peace.

SECTION 1. Every justice of the peace elected in any township or city of this state and duly qualified, according to law, shall have original jurisdiction of all civil actions, including actions for the recovery of penalties and forfeitures wherein the debt or damages do not exceed the sum of one hundred dollars, and concurrent jurisdiction in all civil actions wherein the debt or damages do not exceed three hundred dollars, except as provided in section four of this chapter, and to hear, try and determine the same according to law: Provided, Proviso. That no justice of the peace shall hold court or try any cause, civil or criminal, in any other township or city than that in which he was elected and qualified, except in cases where special provision is otherwise made by law: Provided, That Proviso. nothing in this act shall decrease the jurisdiction of a justice of the peace having higher jurisdiction in civil or criminal actions under the city charter of an incorporated city.

CHAPTER LXXV.

Of Attachment.

SECTION 1. Any plaintiff shall be entitled to an attachment against a defendant in any action if such plaintiff, or some person in his behalf, shall make and file with the justice an affidavit specifying, as near as may be, the amount due to the plaintiff, or claimed by him, and containing a further statement, that the deponent knows or has good reason to believe: Either

1. That the defendant has assigned, disposed of or concealed or is about to assign, dispose of or conceal, any of his property, with the intent to defraud his creditors; or

2. That he is about to remove any of his property from the county in which such application is made, or from the county where the defendant resides, with the like intent, or that he has removed, or is about to remove himself or his property from the county, and refuses or neglects to pay or to secure the payments of the debt or damages; or

3. That he fraudulently contracted the debt or caused the damages or incurred the obligation respecting which the suit was brought; or

4. That the defendant has absconded, or does not reside in this state, and has not resided therein for one month, immediately preceding the time of making the application; or

Proviso.

5. That the defendant is a foreign corporation: Provided, That such affidavit shall not be deemed insufficient by reason of the intervention of a day between the date of the jurat to such affidavit and the issuing of the writ, and that when the person making such affidavit shall reside in any other county in this state than that in which the writ of attachment is to issue, one day's time for every thirty miles by the usual post route, from the residence of such person to the place from which such writ shall issue, shall be allowed between the date of such jurat and the issuing of such writ, and Sundays and legal holidays shall not be counted as intervening days in any case.

Approved May 10, 1923.

Section amended.

Maintenance

of normal training

classes.

Provide

[No. 169.]

AN ACT to amend section five of act number two hundred forty-one of the public acts of nineteen hundred three, entitled "An act for the establishment of county normal training classes and for the maintenance and control of the same," being section five thousand nine hundred fortyseven of the compiled laws of nineteen hundred fifteen, as amended.

The People of the State of Michigan enact: SECTION 1. Section five of act number two hundred fortyone of the public acts of nineteen hundred three, entitled "An act for the establishment of county normal training classes and for the maintenance and control of the same," being section five thousand nine hundred forty-seven of the compiled laws of nineteen hundred fifteen, as amended, is hereby amended to read as follows:

SEC. 5. For the purpose of maintaining such normal training classes as are herein prescribed, it is further provided:

First, That the district receiving permission to establish a county normal training class shall provide teachers, and rooms teachers, etc. with heating and equipment satisfactory to the superintendent of public instruction, and said board shall include in the expense budget of the district such sum as may be necessary for these purposes;

Appropriation.

Second, That the auditor general annually, on or before the thirtieth day of June, upon the certificate of the superintendent of public instruction that the equipment and instruction of any county normal training class has been satisfactory, shall draw his warrant on the state treasurer in favor of the treasurer of the district board or the board of education of the district maintaining such normal training class to the

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