Michigan Laws > Chapter 554 > R.S. of 1846 – Revised Statutes of 1846

Current as of: 2023 | Check for updates | Other versions


Chapter 62	Of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof

Terms Used In Michigan Laws > Chapter 554 > R.S. of 1846 - Revised Statutes of 1846

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Area agency on aging: means an agency designated by the commission under section 4(i). See Michigan Laws 400.582
Arrest: Taking physical custody of a person by lawful authority.
Benefit: means the receipt of money, goods, or anything of pecuniary value. See Michigan Laws 400.602
Claim: means any attempt to cause the department of community health to pay out sums of money under the social welfare act. See Michigan Laws 400.602
Commission: means the commission on services to the aging established under section 3. See Michigan Laws 400.582
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
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.
Deceptive: means making a claim or causing a claim to be made under the social welfare act that contains a statement of fact or that fails to reveal a fact, which statement or failure leads the department to believe the represented or suggested state of affair to be other than it actually is. See Michigan Laws 400.602
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Director: means the director of the office of services to the aging. See Michigan Laws 400.582
Donor: The person who makes a gift.
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
False: means wholly or partially untrue or deceptive. See Michigan Laws 400.602
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Funds: means general tax revenues, federal revenue sharing funds, state revenue sharing funds, and other funds under the control of the governing body. See Michigan Laws 400.572
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means board, council, or body in which the legislative powers of a local unit of government are vested. See Michigan Laws 400.572
grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
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.
Health facility or agency: means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 400.602
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
knowingly: means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. See Michigan Laws 400.602
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Local unit of government: means a county, township, city, or village. See Michigan Laws 400.572
Long-term care facility: means 1 or more of the following:

(i) A home for the aged as defined in section 20106(3) of the public health code, Act No. See Michigan Laws 400.582

Medicaid benefit: means a benefit paid or payable under a program for medical assistance for the medically indigent in accordance with the social welfare act. See Michigan Laws 400.602

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Office: means the office of services to the aging created by section 5. See Michigan Laws 400.582

Older person: means an individual 60 years of age or older. See Michigan Laws 400.572

Older person: means a state resident who is 60 years of age or older, and the spouse of the older person, regardless of age. See Michigan Laws 400.582

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.

Person: means an individual, corporation, association, partnership, or other legal entity. See Michigan Laws 400.602

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Personal property: All property that is not real property.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

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

Social welfare act: means the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 400.602

state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

Statute: A law passed by a legislature.

Testator: A male person who leaves a will at death.

Michigan Laws > Chapter 554 > R.S. of 1846 – Revised Statutes of 1846

Current as of: 2023 | Check for updates | Other versions


Chapter 66	Of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued)

Terms Used In Michigan Laws > Chapter 554 > R.S. of 1846 - Revised Statutes of 1846

Administrator: means a local governmental unit, or a nonprofit community organization under contract with a local governmental unit. See Michigan Laws 125.2702
Adulterated: means food or milk to which any of the following apply:

(i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the food or milk is not considered adulterated if the quantity of that substance in the food or milk does not ordinarily render it injurious to health. See Michigan Laws 288.472

Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2702

Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2722

Bulk milk pickup tanker: means a vehicle, including truck, tank, and those appurtenances necessary for its use, used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station. See Michigan Laws 288.473

Claim: means any attempt to cause the department of community health to pay out sums of money under the social welfare act. See Michigan Laws 400.602

Contract: A legal written agreement that becomes binding when signed.

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.

Dairy farm: means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Michigan Laws 288.473

dairy plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, packaged, or prepared for distribution. See Michigan Laws 288.474

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Michigan department of agriculture. See Michigan Laws 288.473

Devise: To gift property by will.

Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473

Distributor: means a person other than a producer or processor who offers for sale, holds for sale, or sells at wholesale milk or milk products. See Michigan Laws 288.473

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

False: means wholly or partially untrue or deceptive. See Michigan Laws 400.602

Federal act: means the federal food, drug, and cosmetic act, 21 USC 301 to 321, 331 to 360dd, 360hh to 376, and 378 to 399. See Michigan Laws 288.473

First receiving point: means the milk plant where the milk is first received for processing and manufacturing. See Michigan Laws 288.473

Food service establishment: means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. See Michigan Laws 288.473

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722

Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722

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

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Intestate: Dying without leaving a will.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Label: means a display of written, printed, or graphic matter upon the immediate container of any article conforming to a requirement imposed under this act that any word, statement, or other information appearing on the label appears on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 288.474

Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 288.474

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}

Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2702

Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2722

Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2722

Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.474

Milk buyer: means any producer, milk producer marketing organization, milk plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or raw milk product or manages the sale of the raw milk or raw milk product, or both. See Michigan Laws 288.474

Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.475

Milk transport tank: means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station. See Michigan Laws 288.475

Misbranded: means food to which any of the following apply:

(i) Its labeling is false or misleading in any particular. See Michigan Laws 288.475

month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Nonprofit community organization: means an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 with experience in housing issues and that contracts with a local governmental unit to administer an urban homestead program under this act. See Michigan Laws 125.2702

Offering for sale: means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. See Michigan Laws 288.475

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.

Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.476

Person: means an individual, corporation, association, partnership, or other legal entity. See Michigan Laws 400.602

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Processor: means the owner or operator of a milk plant. See Michigan Laws 288.476

Producer: means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement. See Michigan Laws 288.476

Qualified buyer: means an applicant who meets the criteria in section 4. See Michigan Laws 125.2702

Qualified buyer: means an applicant who meets the criteria in section 6. See Michigan Laws 125.2722

Qualified loan rate: means an interest rate not to exceed the adjusted prime rate determined in section 23 of 1941 PA 122, MCL 205. See Michigan Laws 125.2702

Receiving station: means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Michigan Laws 288.476

Registered name: means either a name that is registered as "doing business as" at the county clerk's office in the county in which the producer or processor resides or that is registered with this state as a legal entity registered to do business within this state under an assumed name. See Michigan Laws 288.476

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Resident organization: means a group of residents made up of not less than 50% of total residents of the specific housing project who contract with a housing commission to manage that housing project for not less than 5 years with the intent to acquire legal ownership of the housing project under this act. See Michigan Laws 125.2722

Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.476

Sanitary standards: means the dairy equipment construction standards or accepted dairy system operating practices formulated by 1 of the following:

(i) 3-A sanitary standards committees representing the International Association for Food Protection, the United States Public Health Service, the United States Department of Agriculture, and the dairy industry committee as approved by the director. See Michigan Laws 288.476

Social welfare act: means the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 400.602

Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from 1 milk tank truck to another. See Michigan Laws 288.477

Trustee: A person or institution holding and administering property in trust.

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Wholesale: means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer. See Michigan Laws 288.477