FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.1303 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.1303
Course of performance, course of dealing, or usage of trade.
Status: in_force

Sec. 1303.

(1) For purposes of this act, a "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if both of the following are met:

(a) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party.

(b) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.

(2) For purposes of this act, a "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.

(3) For purposes of this act, a "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of a usage of trade must be proved as facts. If it is established that a usage of trade is embodied in a trade code or similar record, the interpretation of the record is a question of law.

(4) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.

(5) Except as otherwise provided in subsection (6), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. All of the following apply if that construction is unreasonable:

(a) Express terms prevail over course of performance, course of dealing, and usage of trade.

(b) Course of performance prevails over course of dealing and usage of trade.

(c) Course of dealing prevails over usage of trade.

(6) Subject to section 2209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.

(7) Evidence of a relevant usage of trade offered by 1 party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.

History: Add. 2012, Act 86, Eff. July 1, 2013
Mich. Comp. Laws § 700.3405 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3405
Formal testacy proceedings; uncontested cases; hearings and proof.
Status: in_force

Sec. 3405.

If a petition in a testacy proceeding is unopposed, the court may either order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 3409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought.

If evidence concerning execution of the will is necessary, the sworn statement or testimony of 1 of the attesting witnesses to the instrument is sufficient. If the sworn statement or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or sworn statement. If, after diligent search and effort and after the signature of the testator is identified, it appears that the whereabouts of the witnesses to a will cannot be ascertained and it appears on the face of the will that the requirements in this section for a valid will have been met, a presumption arises that the will was executed in all particulars as required by law.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 388.1291 — MI Code / Chapter 388 / Act Act-368-of-2016 / Section 388.1291
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "student online personal protection act".

History: 2016, Act 368, Eff. Mar. 22, 2017
Mich. Comp. Laws § 433.151 — MI Code / Chapter 433 / Act Act-109-of-1847 / Section 433.151
Damages upon lands by beasts; barred unless enclosed.
Status: in_force

Sec. 1.

No person shall be entitled to recover any sum of money, in any action at law, for damages done upon lands by any beast or beasts, unless the partition fences by which such lands are wholly or in part enclosed, and belonging to such person, or by him to be kept in repair, shall be of the same height and description as is required by the provisions of section 1, chapter 18, of the revised statutes of 1846, being section 605 of the Compiled Laws. No person shall be entitled to recovery in any action for such damages if the same was caused by any beast which gained access to such lands by reason of the failure of such person to erect or maintain that portion of the fence assigned to him therefor pursuant to the provisions of section 5 of chapter 18 of the revised statutes of 1846, being section 1068 of the Compiled Laws of 1929.

History: 1847, Act 109, Imd. Eff. Mar. 17, 1847; CL 1857, 628; Am. 1861, Act 179, Imd. Eff. Mar. 15, 1861; CL 1871, 791; How. 817; CL 1897, 2436; CL 1915, 2227; CL 1929, 1087; Am. 1941, Act 289, Eff. Jan. 10, 1942; CL 1948, 433.151
Mich. Comp. Laws § 211.87a — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.87a
Detailed statement of delinquent taxes to school district; contents; city or township treasurer; duty.
Status: in_force

Sec. 87a.

The township or city clerk shall within 10 days after receiving the notice from the county treasurer of the amount of delinquent taxes and a description of the land upon which said taxes were paid, make out and deliver to the moderator or secretary of the district board or board of education of each school district situated in whole or in part within such township or city to which money may be due from delinquent school taxes as shown by the statement of the county treasurer, a detailed statement showing the amount of such delinquent school tax together with the interest thereon and the year of assessment thereof and deliver a copy of such statement to the township or city treasurer. The township or city treasurer shall forthwith pay all moneys shown by such statement to be due such school district to the proper receiving officer of such district and notify the secretary or director of each respective school district of the total amount paid to the school treasurer.

History: Add. 1929, Act 221, Eff. Aug. 28, 1929; CL 1929, 3481; Am. 1931, Act 87, Eff. Sept. 18, 1931; Am. 1945, Act 269, Eff. Sept. 6, 1945; CL 1948, 211.87a
Mich. Comp. Laws § 66.14 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 66.14
Suit against collector; failure to pay over fines; larceny.
Status: in_force

Sec. 14.

If a person who collects a fine or part of a fine fails to pay over the amount collected pursuant to section 13, the village attorney may sue the person in the name of the village to recover the fine. If the failure to pay over the fine is willful, the person is guilty of larceny and shall be punished accordingly.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2768; CL 1915, 2639; CL 1929, 1548; CL 1948, 66.14; Am. 1998, Act 255, Imd. Eff. July 13, 1998
Mich. Comp. Laws § 168.72 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.72
Candidates for lieutenant governor, secretary of state, attorney general; nomination at fall state convention.
Status: in_force

Sec. 72.

At its fall state convention, each political party may nominate a candidate for each of the offices of lieutenant governor, secretary of state and attorney general.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963
Mich. Comp. Laws § 21.50 — MI Code / Chapter 21 / Act Act-71-of-1919 / Section 21.50
Accounting system; audit of department of treasury.
Status: in_force

Sec. 10.

The department of treasury shall be audited by the auditor general as provided by law.

History: 1919, Act 71, Imd. Eff. Apr. 15, 1919; CL 1929, 309; CL 1948, 21.50; Am. 2002, Act 370, Imd. Eff. May 24, 2002
Mich. Comp. Laws § 250.1008b — MI Code / Chapter 250 / Act Act-142-of-2001 / Section 250.1008b
"Darryl M. Rantanen Memorial Highway."
Status: in_force

Sec. 8b.

The portion of highway US-2 and highway US-41 beginning at the eastern limit of Hyde and extending west to the western limit of Bark River shall be known as the "Darryl M. Rantanen Memorial Highway".

History: Add. 2021, Act 11, Imd. Eff. May 13, 2021
Mich. Comp. Laws § 257.744 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.744
Admissions or denials; sworn complaint; warrant for arrest.
Status: in_force

Sec. 744.

If an officer issues a citation under section 742 for a civil infraction or if a citation is issued under section 742 for a parking or standing violation, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint. If the person denies responsibility for the civil infraction, further proceedings shall not be had until a sworn complaint is filed with the court. A warrant for arrest under section 321a for failure to appear on the civil infraction citation shall not issue until a sworn complaint relative to the civil infraction is filed with the court.

History: Add. 1978, Act 510, Eff. Aug. 1, 1979; Am. 1979, Act 66, Eff. Aug. 1, 1979
Mich. Comp. Laws § 450.2514 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2514
Removal of director by circuit court.
Status: in_force

Sec. 514.

(1) The circuit court for the county in which the principal place of business or registered office of a corporation is located may remove a director of the corporation from office in a proceeding commenced by the corporation, by its shareholders holding at least 10% of the outstanding shares of any class, or by 10% of the members if the court finds that the director engaged in fraudulent, illegal, or dishonest conduct or gross abuse of authority or discretion with respect to the corporation, and removal is in the best interest of the corporation.

(2) A court that removes a director under this section may bar him or her from serving as a director of the corporation for a period prescribed by the court.

(3) If shareholders or members commence a proceeding under subsection (1), they shall make the corporation a party defendant.

History: Add. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 324.5005 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5005
Annual report.
Status: in_force

Sec. 5005.

The water asset management council shall annually submit to the Michigan infrastructure council a report on asset condition and investment that includes a summary analysis of the asset management plans received from drinking water, wastewater, and stormwater entities. The report shall also include recommendations on drinking water, wastewater, and stormwater condition goals and analysis of how the utilities are meeting those goals. The water infrastructure asset management analyses contained in the report shall be consistent with the Michigan infrastructure council's asset management process and shall be reported consistent with categories established by the Michigan infrastructure council.

History: Add. 2018, Act 324, Imd. Eff. July 2, 2018
Mich. Comp. Laws § 259.102 — MI Code / Chapter 259 / Act Act-327-of-1945 / Section 259.102
Aeronautics commission; airport protection privileges.
Status: in_force

Sec. 102.

Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports, landing fields, and other aeronautical facilities acquired or operated under this act, the commission may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports, landing fields, or other aeronautical facilities and other airport protection privileges as are necessary to insure safe approaches to the landing areas of airports, landing fields, and other aeronautical facilities, and the safe and efficient operation of these airports, landing fields, and aeronautical facilities. The commission may also acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards for the purpose of maintaining and repairing the lights and marks. This authority shall not be so construed to limit the right, power, or authority of the state or any political subdivision to zone property adjacent to any airport pursuant to laws of this state.

History: 1945, Act 327, Imd. Eff. May 28, 1945; CL 1948, 259.102; Am. 1996, Act 370, Imd. Eff. July 3, 1996
Mich. Comp. Laws § 339.907 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.907
Corporate surety or cash bond; action on bond; aggregate liability; cancellation of bond.
Status: in_force

Sec. 907.

The department shall require a collection agency to file and maintain in force for each license a corporate surety or a cash bond conditioned upon the faithful accounting of all money collected upon accounts entrusted to the collection agency in a form prescribed by the department in a sum the department considers necessary, but for not less than $5,000.00 nor more than $50,000.00. The bond shall be for the benefit of a person damaged by the wrongful taking of money collected by the agency or failure of the collection agency to report or remit proceeds of collections made. A person injured may bring an action upon the bond. The aggregate liability to all injured persons shall not exceed the sum of the bond. The surety on the bond shall have the right to cancel the bond upon giving 30 days' written notice to the department and after that date shall be relieved of liability for a breach of condition occurring after the effective date of the cancellation. An action on a bond shall not be commenced after the expiration of 1 year from the effective date of cancellation of the bond.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981
Mich. Comp. Laws § 106.3 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 106.3
Constructing, purchasing, or extending waterworks; borrowing; expenditure.
Status: in_force

Sec. 3.

It shall be lawful for a city, subject to the provisions of this act, to borrow money to be used exclusively for the purpose of purchasing, constructing, or extending waterworks, as provided in sections 1 and 2 of this chapter. The total amount expended for constructing, purchasing, or extending such waterworks shall not exceed the estimate of expense provided for in section 4 of this chapter.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3249; CL 1915, 3167; CL 1929, 2091; CL 1948, 106.3; Am. 1969, Act 88, Eff. Mar. 20, 1970; Am. 1974, Act 345, Imd. Eff. Dec. 21, 1974
Mich. Comp. Laws § 330.1642 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1642
Testamentary guardian.
Status: in_force

Sec. 642.

The surviving parent of a minor with a developmental disability for whom a guardian has not been appointed may by will appoint a testamentary guardian. The testamentary appointment becomes effective without, but subject to, probate immediately upon the death of the parent. A testamentary guardian possesses the powers of a parent, and shall serve subject to the court's power to reduce the scope of guardianship authority or to dismiss a guardian. The appointment shall terminate when the minor attains 18 years of age, or the guardian is dismissed, whichever occurs first. Upon assuming office, the testamentary guardian shall notify the court in which the decedent's will is to be probated.

A parent who has been appointed guardian of his or her minor or adult child with a developmental disability may by will, except in the event that a standby guardian has been designated, appoint a testamentary guardian. The testamentary appointment becomes effective without, but subject to, probate immediately upon the death of the initially appointed guardian. The testamentary guardian possesses the powers of the initially appointed guardian, shall be entitled to receive upon request a copy of a court order creating or modifying the initial guardianship, and shall serve subject to the power of the court that appointed the initial guardian to reduce the scope of guardianship authority or to dismiss a guardian. In the event that the court probating decedent's will does not have jurisdiction over the testamentary guardian except if the court finds the will to be invalid, the appointment shall be nullified. Upon assuming office, the testamentary guardian shall notify the probate court that appointed the initial guardian and the probate court in which the will is subject to probate.

History: 1974, Act 258, Eff. Aug. 6, 1975; Am. 1978, Act 527, Imd. Eff. Dec. 21, 1978; Am. 1995, Act 290, Eff. Mar. 28, 1996
Mich. Comp. Laws § 550.63 — MI Code / Chapter 550 / Act Act-233-of-1984 / Section 550.63
Conditional effective date.
Status: in_force

Sec. 13.

This act shall not take effect unless all of the following bills of the 82nd Legislature are enacted into law:

Senate Bill No. 714.

House Bill No. 4799.

House Bill No. 4800.

House Bill No. 4801.

House Bill No. 5067.

House Bill No. 5068.

House Bill No. 5141.

History: 1984, Act 233, Eff. Dec. 20, 1984
Mich. Comp. Laws § 722.958 — MI Code / Chapter 722 / Act Act-203-of-1994 / Section 722.958
Rules; training; directory of children available for adoption; registry of adoptive homes; foster parent resource centers; pilot project.
Status: in_force

Sec. 8.

(1) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to ensure the comprehensive, high-quality training of foster care and adoption workers. The department shall consult and may contract with colleges and universities, child placing agencies, and professional organizations for the design and implementation of the training. The training shall stress cultural sensitivity, interagency cooperation, and respect for individuals and families.

(2) The department shall maintain a directory of children under the jurisdiction of the department who are available for adoption. The department shall ensure that interested individuals have reasonable access to the directory.

(3) The department shall maintain a registry of adoptive homes to be used as a central clearinghouse for information about prospective adoptive parents. The department shall accept information from a prospective adoptive parent who has received a preplacement assessment with a finding that the individual is suitable to be the parent of an adoptee. The information shall be filed in a form and manner that will permit it to be readily accessible to biological parents or child placing agencies seeking adoptive homes for children. The department shall provide information in the registry without charge to biological parents or child placing agencies who request it.

(4) The department may establish as pilot projects foster parent resource centers. Each resource center shall provide at least support for and coordination of respite care and assistance to foster parents in obtaining child care. Resource center staff shall pursue other activities designed to promote permanency for children, particularly children with special needs, such as support aimed at retaining foster parents. The department may fund the pilot foster parent resource centers using money appropriated to the department for the current fiscal year. After the pilot project has been in operation for 2 years, the department shall evaluate the pilot project on its organization, effectiveness, and success.

History: 1994, Act 203, Eff. Jan. 1, 1995; Am. 2002, Act 646, Imd. Eff. Dec. 23, 2002; Am. 2015, Act 106, Eff. Sept. 28, 2015; Am. 2018, Act 287, Eff. Sept. 27, 2018
Mich. Comp. Laws § 700.5103 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.5103
Delegation of powers by parent or guardian.
Status: in_force

Sec. 5103.

(1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption.

(2) A parent shall not knowingly and intentionally delegate his or her powers under this section regarding care and custody of the parent's minor child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of section 136c(3) of the Michigan penal code, 1931 PA 328, MCL 750.136c.

(3) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment.

(4) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2000, Act 54, Eff. Apr. 1, 2000; Am. 2004, Act 93, Imd. Eff. May 7, 2004; Am. 2016, Act 483, Eff. Mar. 29, 2017; Am. 2023, Act 72, Imd. Eff. July 12, 2023
Mich. Comp. Laws § 324.63526 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.63526
Construction of subpart.
Status: in_force

Sec. 63526.

This subpart does not exempt a permittee from obtaining any other permit, license, or permission to engage in any activity regulated by this part that is required by any other law of this state, any rule promulgated under a law of this state, or a zoning ordinance enacted by a local unit of government.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 750.158 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.158
Crime against nature or sodomy; penalty.
Status: in_force

Sec. 158.

Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.158; Am. 1952, Act 73, Eff. Sept. 18, 1952