« ForrigeFortsett »
Owner may purchase at, tax sale.
When land not redeemed.
Mineral right, nptice of sale 0 .
When title vested in State.
SEC. 3. The owner of any separate interest in any such lands may become a purchaser at any tax sale of any other
'interest therein. and shall be entitled to hold the interest so
acquired for his own use and benefit, and shall not be held to have acquired such interest for the joint benefit of himself and the owner of any other interest therein, and the owners of such separate interests shall not be held to be tenants in common of the said lands, but such separate interests shall be held to be separate and distinct interests therein.
SEO. 4. In the event of said land not being redeemed within the time limited by law for the redemption of real property and the State shall acquire title to such mineral right or reservation. the right so acquired shall not be sold or disposed of, except in the manner provided by law for the disposition of ores and mineral, coal. gas. salt, gypsum and oil contained in public lands belonging to the State or by way of lease, the lessee of such mineral right to yield and pay a stipulated royalty upon all ores and minerals mined from such lands, the income derived from which shall be paid into the State treasury and become part of its public funds. _
SEC. 5. It shall be the duty of the Auditor General or of some other State officer designated by law, upon the expiration of the period within which real property sold for taxes may be redeemed by the owner and upon the expiration of which period a purchaser would under the law become entitled to a conveyance of the lands so purchased, to immediately give notice to the owner of such mineral, coal, gas, salt, gypsum, oil or mining right and to the owner of any other interest therein that the said mineral right or reservation was purchased at such tax sale and that the same must be redeemed by the payment of taxes and interest as provided by law for the redemption of real property, which notice shall be substantially in the form required to be given by purchasers of real property at any tax sale thereof pursuant to the laws of this State, and in case such mineral right or reservation in the lands in such notice described shall not be redeemed by the owner thereof within the time limited by law, the owner of the surface right or any other interest therein may redeem such reserved interest at any time within thirty days next after the expiration of the period within which the owner of such interest might have redeemed the same, and thereupon shall be entitled-to a conveyance by the State of its interest therein, and thereafter both the ore and mineral rights reserved in such land and the fee thereof shall be held in the same right, and the said lands shall be valued and assessed as a whole. In case the mining or mineralv
rights so reserved in any such lands shall not be redeemed
by the owner thereof or by the owner of any other interest therein, the title to such mineral right or reservation shall vest in and become the property of the State and shall be disposed of or held as provided for in section four of this act.
SEC. 6. In assessing such lands for the purpose of taxa- How assessed. tion the value of the right reserved as fixed by the assessor shall be deducted from the whole value of such lands as fixed by him, and only the dilference between the value of such reserved interest and the whole value of said lands as so fixed shall be assessed against the owner of the surface right, fee or the remaining interest therein.
SEC. 7. The assessing Officer of the several assessment dis- Right, value tricts of this State may require the owner of any such mineral gaggggugg or mining right in any lands of this State to make return under oath to him of the value of such mineral right and the value at which the owner holds the same. It shall be the Assessment duty of the proper assessing officer of the territory or dis-_ trict in which such rights and the lands with which connected are situated, within the same time and in accordance with the method prescribed in the general tax law, to assess all such reserved rights at their true cash. value. The statement of Statement the owner of the value of such reserved rights shall in no n°tbmdmg' wise be binding upon the assessing officer. Any person who ' refuses to furnish a sworn statement herein required shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to imprisonment not to exCeed six months or a fine not to exceed one hundred dollars, or both such fine and imprisonment in the discretion of the court: Provided, how Proviso. crcr, Such assessment shall be made as, and shall be subject to. revision and review in the same manner and to the same extent as assessments of other property.
Sec. 8. This act shall be considered as remedial legisla- Acupurpose tion enacted for the purpose of equalizing taxation and sub- °f~ jecting all interest in lands thereto and shall be so held and construed. ‘ °
SE0. 9. All acts or parts of acts inconsistent with or contravening the provisions of this act are hereby repealed.
Sec. 10. This act is immediately necessary for the preservation of the public safety. '
Approved April 7, 1911.
AN ACT to allow the bringing of an action at law on a decree for alimony of a court of another state and regulating the practice in. such cases.
SECTION 1. In all cases where a decree for alimony has Alimon . been rendered in another state in a case where the party $552.33...“ against whom the decree was rendered was present in court "1 “her sme
or was personally served with process within the jurisdiction
Proceedings, when court may stay.
J udgments. stay of.
Claim, when disallowed.
of the court, the alimony decreed upon the final hearing may be recovered in an action at law in this State, regardless of whether the same is decreed to be paid in one payment or in installments from time to time.
Sac. 2. If the defendant in this State shows that he has made proper application in the court of the other state for a reduction or any further order in relation to the alimony in the courts of the other state, the court in this State may stay the proceedings in this State on such terms as it desires to impose.
SEC. 3. All judgments in such cases shall be stayed sixty days. and if during said term the defendant in this State presents satisfactory evidence of a change in the decree of the courts of the other state, the court may alter or amend its judgment as to it may seem proper and just.
Approved April 7, 1911.
AN ACT to amend section two of act number fifty-eight of the public acts of nineteen hundred nine, entitled “An act relative to the adjustment and payment of claims against counties, and to provide appeals from the disallowance thereof.” ‘
The People of the State of Michigan enact:
SECTION 1. Section two of act number fifty-eight of the public acts of nineteen hundred nine, entitled “An act relative to the adjustment and payment of claims against counties, and to provide appeals from the disallowance thereof,” is hereby amended to read as follows:
SEO. 2. When the claim of any person, firm or corporation against a county shall be disallowed in whole or in part by the board of supervisors or board of county auditors, such person, firm or corporation may appeal from the decision of such board to the circuit court for the same county, by cans-ing a written notice of such appeal to be served on the county clerk within twenty days after such disallowance: Provided, That no appeal shall be allowed, unless such claimant shall have appeared before the said board and presented evidence or shall have attached an affidavit in support of such claim. The appeal herein authorized shall be of no force or effect, unless there is filed with the county clerk at the same time the notice of appeal is served a bond for two hundred dollars running to the county with sufficient surety, to be approved by the county clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.
Approved April 7, 1911.
AN ACT to amend section twenty-five of act number one hundred thirty-seven of the laws of eighteen hundred fortynine, as amended, relative to authorizing proceedings against garnishees and for other purposes, being section eight thousand fifty-five of Howell’s Annotated Statutes, as amended by act number one hundred seventy-eight of the session laws of eighteen hundred ninetyone, act number two hundred fifty-seven of the public acts of eighteen hundred ninety-nine, and act number seventythree of the public acts of nineteen hundred three, the same being compiler’s section one thousand fourteen of the Compiled Laws of eighteen hundred ninety-seven.
SECTION 1. Section twentyfive of act number one hundred thirty-seven of the laws of eighteen hundred forty-nine, as amended, relative to authorizing proceedings against garnishees and for other purposes, being section eight thousand fifty-five of Howell’s Annotated Statutes, as amended by act number one hundred seventy-eight of the session laws of eighteen hundred ninety-one, act number two hundred fifty-seven of the public acts of eighteen hundred ninety-nine, and act number seventy-three of the public acts of nineteen hundred three, the same being compiler’s section one thou sand fourteen of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:
SEC. 25. All corporations of whatsoever nature, whether foreign, 'domestic, municipal or otherwise, except counties, may be proceeded against as garnishees in the same manner and with like efiect as individuals under the provisions of this act, and the rules of law regulating proceedings against corporations, and the summons against the garnishee in such case may be served on the president, cashier, secretary, trease urer, comptroller or other principal officer of such corporation, and it shall be the duty of such oflicer so served or the proper officer of such corporation having knowledge of the facts, to appear before the justice at the return day of the summons and answer thereto, or to answer at his option in writing, verified by his oath before some person authorized to administer oaths, and transmit the same by mail or otherwise to the justice issuing said summons on or before the return day thereof, which shall be deemed a sufficient compli— ance with such summons; and unless he shall so appear or so answer, such corporation shall be held to be indebted to the defendant in the original suit to the amount of any judgment that may be made against such defendant in said original suit, unless within three days after the return day of such summons such corporation shall by such officer show a
Corporations. proceedings against as garnishees.
Summons, upon whom served.
sufficient reason to the satisfaction of the justice for nonappearing to answer such summons, and the justice shall thereupon on the third secular day render judgment against such corporation as against other garnishees for the amount of such debt, and with like effect; but on such cause shown such officer may be examined as other garnishees and with like effect; as against the corporation he represents. In cases where an adjournment is taken in the original suit for three or more days, and said corporation has failed to answer said garnishment summons, said garnishment case shall stand ad- ‘ journed until the determination of the original suit, and if the plaintiff recover judgment therein and said corporation having failed to answer said garnishment summons, such corporation shall be held to be indebted to the plaintifi in the original suit to the amount of any judgment that may be made against such defendant in said original' suit, and the justice shall thereupon render judgment against such corporation for the amount of such judgment in the original suit. Such corporation or the plaintiff in such suit may appeal from such judgment rendered under this section to the circuit court of the proper county, in the same manner as appeals may be taken from any other judgment of a justice of the peace, where the liability of such corporation may be fully inquired into: Provided, That when a municipal corporation is proceeded against, as provided for in this act, judgment shall have been obtained in a court of competent jurisdiction by the plaintiff against the defendant before garnishment proceedings shall be valid against such municipal corporation: Provided further, That it shall be necessary for the plaintifi in the action to cause to be served a notice in writing upon the clerk, treasurer or comptroller of such municipal corporation, signed by the justice of the peace before whom an action of garnishment has been commenced, stating that judgment has been rendered and is on file in favor of the plaintiff and against the defendant; that the plaintiff has filed an affidavit to that effect, and that he believes or has good reason to believe that such municipal corporation is indebted to the defendant, and has money, property or efiects in its hands belonging to such defendant, and that such municipal corporation shall hold such money, property or effects until the final disposition of the action of garnishment then pending before such justice, unless sooner released by the justice. Such corporation receiving the notice herein provided shall hold any money, property or effects in its hands belonging to the defendant named in such notice until the final disposition of the action against said municipal cor~ poration, unless sooner released by order of the justice. Such money may be released by the defendant giving a bond in double the amount claimed to be due by the plaintiff in the action then pending, conditioned that if the plaintiff recover the bondsmen will pay into court for the use of said plaintiff the amount of such judgment and costs, such bond to be ap