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[No. 3.)

AN ACT to amend section three 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 and six of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section three of chapter thirteen of act num. Section ber 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 and six of the compiled laws of nineteen hundred fifteen, is hereby amended so as to read as follows:

Sec. 3. All original writs in personal actions shall be a Original summons or a capias ad respondendum according to such writs. form as shall be fixed by the general rule of court. Said writs may be issued in vacation or term time and shall be made returnable according to the general rule of court. As many Issue and original writs may be issued in any action at law and as return. many chancery summonses may be issued in any suit in chancery as the plaintiff may request. Service upon any or all defendants may be made under any of such originals.

Approved March 6, 1923.

(No. 4.]

AN ACT to amend sections fifty-eight, fifty-nine and sixty

of chapter one of act number three hundred fourteen of the public acts of nineteen hundred fifteen, “The judicature act of nineteen hundred fifteen," being sections twelve thousand sixty-three, twelve thousand sixty-four, and twelve thousand sixty-five of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Sections fifty-eight, fifty-nine, and sixty of Sections

amended. chapter one of act number three hundred fourteen of the public acts of nineteen hundred fifteen, "The judicature act of nineteen hundred fifteen," being sections twelve thousand sixty-three, twelve thousand sixty-four, and twelve thousand sixty-five of the compiled laws of nineteen hundred fifteen, are hereby amended to read as follows: SEC. 58. Attorneys and counselors may be removed or sus- Removal or

suspension. pended by the supreme or circuit courts in which they shall

Causes for

be authorized to practice. Proceedings to remove or suspend instituted in any circuit court shall be in the circuit where the accused resides or where the misconduct so complained of was committed.

Sec. 59. Any attorney and counselor may be removed or removal, etc.

suspended, who shall be guilty of deceit, malpractice, crime, Charges filed misdemeanor or wilful malfeasance; but not until the charges in writing.

made against such attorney shall have been filed in writing with the attorney general of the state of Michigan, verified by

the party making them, that he believes the charges to be Duty of true. The attorney general shall, after investigation, file such attorney general, charges with the clerk of the supreme court, or the clerk Order to of the circuit court having jurisdiction. Upon application show cause.

of the attorney general, the justices of the supreme court or the presiding judge of the circuit court where such charges are filed, shall issue an order, directing the attorney so complained of, to show cause, within fifteen days from the

service of such order, why he should not be removed as What prayed for; a copy of the charges preferred against him attached to order. together with a copy of all exhibits and affidavits shall be Service, how attached to such order served upon him. Such service may be made. made by delivering to the person so complained of a copy

of such order to show cause together with a copy of the petition, affidavits or exhibits, which may be attached to the original petition, if such person can be found and, if not, by leaving such copies at the last known place of residence of such person with some person of suitable age, if such person can be found, and, if not, by posting such

copies in some conspicuous place upon his last known Hearing. place of residence. When the proceedings brought un

der this act are held in any circuit court of this state, on the request of the attorney general, it shall be the duty of the presiding judge of said state to appoint three circuit judges of said state to sit and hear the evidence in said proceedings and determine the rights of the party so

complained of: Provided, That in no case shall the circuit Proviso.

judge of the circuit where the party complained against resides, be so appointed or sit and hear the evidence presented or make any order in said cause other than the order to show cause. After the cause is at issue or default entered, it may be brought on for hearing by either party by giving at least fifteen days' notice of the time and place where testimony will be taken in said cause. Any person feeling himself

aggrieved by the determination of the judges hearing said Review. cause, may have the proceedings reviewed by the supreme

court of this state on application thereto for a writ of

certiorari under the regular rules of said court. Removal, Sec. 60. The removal or suspension of any attorney and of.

counselor, by any court of competent jurisdiction, shall oper

ate as a removal or suspension in every court in this state. Order, certified In case of removal or suspension by any court other than copy of, where filed. the supreme court, a certified copy of the order shall be

etc., effect

Alled in the office of the clerk of the supreme court, who shall make suitable entry thereof in the register of attorneys and counselors, kept by him in pursuance of section fifty-two of this chapter. Such removal or suspension shall take effect When cnly upon filing with the clerk of the supreme court the certified copy thereof, as herein provided. Any person so Penalty for removed or suspended, who shall, while such disability exists, practicing. hold himself out to the public or represent himself to any person as authorized to practice in any of the courts of this state, or who shall practice or attempt to practice, or appear as attorney or counselor for any party other than himself in any of said courts, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars, or by imprison. ment in the county jail not more than three months, or by both such fine and imprisonment in the discretion of the court.

Approved March 6, 1923.

(No. 5.)

AN ACT to amend section one of act number three hundred

forty-eight of the public acts of nineteen hundred seventeen, entitled "An act to bar debts and obligations against deceased persons and the estates of deceased persons, in certain cases, and to repeal act number two hundred fiftysix of the public acts of nineteen hundred fifteen, the same being compilers' section fourteen thousand six hundred twenty of the compiled laws of nineteen hundred fifteen, and all acts or parts of acts inconsistent with the provisions of this act," approved May ten, nineteen hundred seventeen.

The People of the State of Michigan enact:

SECTION 1. Section one of act number three hundred forty. Section cight of the public acts of nineteen hundred seventeen, en. amended. titled "An act to bar debts and obligations against deceased persons and the estates of deceased persons, in certain cases, and to repeal act number two hundred fifty-six of the public acts of nineteen hundred fifteen, the same being compilers' section fourteen thousand six hundred twenty of the compiled laws of nineteen hundred fifteen, and all acts or parts of acts inconsistent with the provisions of this act," approved May ten, nineteen hundred seventeen, is hereby amended to read as follows:

Sec. 1. All debts and obligations contracted by any person When in his lifetime, and any debts and obligations for which he barred.

claims

was liable in his lifetime, or for which his estate has become liable, shall be barred after ten years from the date of his death, unless presented to the probate court, or to cominissioners on claims appointed by said court, as provided by law, or in accordance with the rules of practice of said court, or unless sooner barred by law, notwithstanding that no

proceedings shall have been taken to probate such estate: Proviso, Provided, That in case any decedent shall have been deceased time allowed for presenta- ten years or more when this act shall take effect, or said ten

years shall have expired after and within three months after this act takes effect, leaving any debt or obligation unsatisfied and not otherwise barred by law, the owner of the debt or obligation may present such debt or obligation against the estate of such deceased person in the probate court within six months after this act shall take effect, or such debt or obligation shall be forever barred.

Approved March 9, 1923.

tion.

[No. 6.]

AN ACT to amend section nine of chapter five of act num

ber two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled “An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand nine hundred thirteen of the compiled laws of nineteen hundred fifteen, as amended by act number sixteen of the public acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

Section amended.

SECTION 1. Section nine of chapter five of act number two hundred fifty-four of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section four thousand nine hundred thirteen of the compiled laws of nineteen hundred fifteen, as amended by act number sixteen of the public acts of nineteen hundred nineteen, is hereby amended to read as follows:

Sec. 9. Whenever the amount assessed for the construction of any drain shall not be sufficient to complete the same, and to pay all the costs and incidental expenses or to pay the principal and interest on bonds if such are issued, a further assessment shall be made to meet the deficit or additional expense. Such further assessment shall be apportioned, assessed, levied and collected as provided in the first instance, and on the same percentage, and shall be collected in one

Additional assessment to meet deficit, etc.

Apportionment, etc.

when district

year, but there shall be no review of nor appeal from such further assessment: Provided, That whenever by reason of Proviso, the embezzlement or other wrongful act of any county official defrauded. or by reason of the conspiracy of any county official with any other person or persons, to defraud any drainage district, township or county, there shall be any deficiency as aforesaid, the board of supervisors of any county traversed by the drain may provide for the payment, out of the general fund of the county, of all or any part of such additional assessment as may be apportioned to that part of the drainage district within such county: Provided further, That this provision Further shall have no force nor effect after January one, nineteen proviso hundred twenty-five.

effective. This act is ordered to take immediate effect. Approved March 19, 1923.

[No. 7.]

AN ACT to amend section six of chapter eighty-three of the

revised statutes of eighteen hundred forty-six, entitled “Of marriage and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section six of chapter eighty-three of the revised Section statutes of eighteen hundred forty-six, entitled "Of marriage

amended. and the solemnization thereof," being section eleven thousand three hundred sixty-seven of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

Sec. 6. No insane person, idiot, or person who has been who inafflicted with syphilis or gonorrhoea and has not been cured of

capable of

contracting the same, shall be capable of contracting marriage. All mar. marriage. riages heretofore contracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law for all purposes; and the issues of such marriages shall be deemed and taken as legitimate as to such issue and as to both of the parents. Any person who has been Felony, afflicted of syphilis or gonorrhoea and has not been cured of what deemed. same, who shall marry shall be deemed guilty of a felony and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than five hundred dollars Penalty. nor more than one thousand dollars, or by imprisonment in the state prison at Jackson not more than five years or by both such fine and imprisonment in the discretion of the court: Provided, That in all prosecutions under this act a husband Proviso. shall be examined as a witness against his wife and a wife shall be examined as a witness against her husband whether

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