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[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:

amended.

SECTION 1. Section six of chapter thirteen of act number Section 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, 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.

Proviso, ser

vice upon in

surance com

missioner, etc.

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: Provided, That where service of process against corporations is made upon the commissioner of insurance, secretary of 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.

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 superintend ent 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

amount of eight hundred dollars for each teacher employed
in the training school, to be paid out of the general fund:
Provided, That in no case shall the total of such appropria- Proviso,
tion exceed sixteen hundred dollars in any county during
any school year;

limit.

Third, In any district establishing a county normal training Cost class, the board of education shall, previous to the first day of estimated. October in each year, estimate the cost of instruction for the current year in the county normal training class, and, deducting there from the amount appropriated by the foregoing provisions of this act, report the balance to the county clerk on or before the first day of October;

Fourth, At its October session, the board of supervisors shall appropriate out of the general fund of the county onehalf of the balance due for instruction, as shown by the aforesaid report to the county clerk, which amount shall be assessed and collected at the same time and in the same manner as the other county taxes. Approved May 10, 1923.

[No. 170.]

AN ACT to amend section twenty-seven of act two hundred seventy-nine of the public acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," same being section three thousand three hundred thirty of the compiled laws of nineteen hundred fifteen, as amended by act number eighty-four of the public acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

SECTION 1. Section twenty-seven of act two hundred sev- Section enty-nine of the public acts of nineteen hundred nine, entitled amended. "An act to provide for the incorporation of cities and for revising and amending their charters," same being section three thousand three hundred thirty of the compiled laws of nineteen hundred fifteen, as amended by act number eightyfour of the public acts of nineteen hundred nineteen, is hereby amended to read as follows:

tion on board of supervisors.

SEC. 27. Any city now organized or which may hereafter Representabe organized, may, by its charter, to be adopted or amended in accordance with the provisions of this act, provide for the selection by appointment or election of representatives on the board of supervisors of the county; the number of such representatives on said board of supervisors shall be determined by the population of such cities as shown by the last census, regular or special, taken by the United States, or by the state

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