Michigan Laws > Chapter 115 > Act 391 of 1913 – Representation On Board of Supervisors
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Terms Used In Michigan Laws > Chapter 115 > Act 391 of 1913 - Representation On Board of Supervisors
- active duty: includes full-time national guard duty. See Michigan Laws 722.22
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means a legally authorized public or private organization, or governmental unit or official, whether of this state or of another state or country, concerned in the welfare of minor children, including a licensed child placement agency. See Michigan Laws 722.22
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: means , if appointed to represent a child under this act, an attorney serving as the child's legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan rules of professional conduct. See Michigan Laws 722.22
- Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
- Authorizing body: means the governing board of a state public university that issues a contract as provided in this part. See Michigan Laws 380.521
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- best interests of the child: means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child. See Michigan Laws 722.23Bottomlands: means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502. See Michigan Laws 324.32601 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Child: means minor child and children. See Michigan Laws 722.22 Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101 Commission: means the Michigan jobs commission. See Michigan Laws 324.79501 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: means the executive act taken by an authorizing body that evidences the authorization of an urban high school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on an urban high school academy, as provided by this part, and confirming the status of an urban high school academy as a public school in this state. See Michigan Laws 380.521 Contract: A legal written agreement that becomes binding when signed. Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 14.302 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the department of environmental quality. See Michigan Laws 324.32501 Department: means the department of environmental quality. See Michigan Laws 324.32601 Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101 Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.21101 Department: means the department of environmental quality. See Michigan Laws 324.79501 Deployment: means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days under temporary or permanent official orders as follows:
(i) That are designated as unaccompanied. See Michigan Laws 722.22Devise: To gift property by will. Director: means the director of the department. See Michigan Laws 324.32501 Director: means the director of the department of environmental quality. See Michigan Laws 324.20101 Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101 Donee: The recipient of a gift. Donor: The person who makes a gift. Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Emancipation: means termination of the rights of the parents to the custody, control, services and earnings of a minor. See Michigan Laws 722.1 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Entity: means a nonprofit corporation that is organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 380.521 Environmental area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301 Fraud: Intentional deception resulting in injury to another. Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601 Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101 Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.21101 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grandparent: means a natural or adoptive parent of a child's natural or adoptive parent. See Michigan Laws 722.22 Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501 Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101 Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101 Hazardous material: means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20301 Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 14.272 land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301 lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502 Lawyer-guardian ad litem: means an attorney appointed under section 4. See Michigan Laws 722.22 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legacy: A gift of property made by will. Lender: means any of the following:
(i) A state or nationally chartered bank. See Michigan Laws 324.20101Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.21101 Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101 Marina purposes: means an operation making use of submerged bottomlands or filled-in bottomlands of the Great Lakes for the purpose of service to boat owners or operators, which operation may restrict or prevent the free public use of the affected bottomlands or filled-in lands. See Michigan Laws 324.32501 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Michigan community child watch house: means a house, designated by a sign bearing the standard McGruff house symbol or standard Michigan community child watch symbol, as applicable, occupied by a responsible adult, where a child may seek help when he or she faces an emergency such as being bullied, followed, threatened, or hurt while walking or playing in the neighborhood. See Michigan Laws 722.11 Minor: means a person under the age of 18 years. See Michigan Laws 722.1 Natural gas: means natural gas, synthetic gas, and manufactured gas. See Michigan Laws 324.21101 natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101 Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.21101 Ordinary high-water mark: means the elevations described in section 32502. See Michigan Laws 324.32601 organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
(i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 14.302Owner: means a person who owns a facility. See Michigan Laws 324.20101 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21101 Parent: means the natural or adoptive parent of a child. See Michigan Laws 722.22 Parents: means natural parents, if married prior or subsequent to the minor's birth; adopting parents, if the minor has been legally adopted; or the mother, if the minor is illegitimate. See Michigan Laws 722.1 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Patented lands: means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent. See Michigan Laws 324.32601 Permitted release: means 1 or more of the following:
(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302 person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101 Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. political subdivision: means any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301 Private foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 14.272 Probate: Proving a will Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 14.302 Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 14.272 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.21101Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101 Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101 Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101 Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101 Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601 SDU: means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400. See Michigan Laws 722.22 Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.20101 Service of process: The service of writs or summonses to the appropriate party. shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301 Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301 Spill: means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment. See Michigan Laws 324.20301 Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 14.272 standard Michigan community child watch symbol: means the standard symbol to designate a McGruff house or Michigan community child watch house, adopted pursuant to section 2(1)(b), except that until May 27, 1991, the standard McGruff house symbol or standard Michigan community child watch symbol may include a symbol that before and on May 26, 1989 was used by a neighborhood safe house program to designate a neighborhood safe house similar to a McGruff house or Michigan community child watch house within that program. See Michigan Laws 722.11 State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.521 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Third person: means an individual other than a parent. See Michigan Laws 722.22 this part: includes "rules promulgated under this part". See Michigan Laws 324.20101 threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 14.272 Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 14.272 Trustee: A person or institution holding and administering property in trust. Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21101 Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601 Uphold: The decision of an appellate court not to reverse a lower court decision. Volunteer: means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance. See Michigan Laws 324.20301 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101 Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501 Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501 Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501 Waters of the state: means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the state. See Michigan Laws 324.20301