Decided June 6, 1967. Rehearing denied October 2, 1967. 2 Mich. App. 204, affirmed. Docket Nos. 51,412-51,415.
"The statute was passed by the Legislature in 1964 and became effective in 1965. In the case of Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204; 139 N.W.2d 336 (1966), aff'd, 379 Mich. 169 (1967), the court stated that an unconstitutional statute is void from the date of its passage. Quoting from 16 Am Jur 2d, Constitutional Law, ยง 177, pp 402-403, the court stated:
See, e.g., People v De Blaay, 137 Mich. 402, 404-405; 100 N.W. 598 (1904), Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204, 218-219; 139 N.W.2d 336 (1966), and Kriger v South Oakland Co Mutual Aid Pact, 49 Mich. App. 7, 13-15; 211 N.W.2d 228 (1973) (amendment cured title-object defect), rev'd on other grounds 399 Mich. 835 (1977). Accordingly, we would hold that the assisted suicide provisions of MCL 752.1027; MSA 28.547(127) are not void by reason of violation of Const 1963, art 4, ยง 24.
The amended laws are considered valid for any future application. See generally People ex rel Bristol v Board of Supervisors of Ingham County, 20 Mich. 95 (1870), Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204, 219; 139 N.W.2d 336 (1966). "This general rule allowing correction of the law is equally applicable to the correction of titles.
Clearly, as between a last employer and prior employers, ยง 435 concerns substantive rights. See Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204, 218; 139 N.W.2d 336 (1966), aff'd on other grounds 379 Mich. 160; 150 N.W.2d 752 (1967). The presumption against retrospective application is especially true when "giving a statute operation will interfere with an existing contract, destroy a vested right, create a new liability in connection with a past transaction, or invalidate a defense which was good when the statute was passed".
The amended laws are considered valid for any future application. See generally The People ex rel Bristol v The Board of Supervisors of Ingham County, 20 Mich. 95 (1870), Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204, 219; 139 N.W.2d 336 (1966). This general rule allowing correction of the law is equally applicable to the correction of titles.
Although the law is clearly stated with respect to whether a statute should be applied retroactively or prospectively, its application to the particular facts of the instant appeal is more troublesome. The general rule relative to the retroactive application of statutes is well established and stated in Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204, 215-216; 139 N.W.2d 336 (1966), aff'd, 379 Mich. 160; 150 N.W.2d 752 (1967): "The general law as to statutes being prospective or retrospective in nature is found in the case of In re Davis' Estate, (1951), 330 Mich. 647 [ 48 N.W.2d 151], wherein Mr. Justice BOYLES states on pp 651-653, in part as follows:
See also Lahti v Fosterling, 357 Mich. 578; 99 N.W.2d 490 (1959). SISF relies on Briggs v Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204; 139 N.W.2d 336 (1966), affirmed, 379 Mich. 160; 150 N.W.2d 752 (1967). Briggs, however, treated the subject workmen's compensation statute as new legislation.
Save where the context or clear and unequivocal language mandates otherwise, statutes are interpreted as being prospective only in their operation. Detroit Trust Co v. Detroit, 269 Mich. 81 (1934); Briggs v. Campbell, Wyant Cannon Foundry Co, 2 Mich. App. 204 (1966), aff'd, 379 Mich. 160 (1967). The context of the various provisions of the Workmen's Compensation Act must be construed in light of the Legislature's intention, and the remedial purposes of the act which properly placed the burden of compensating an employee upon industry.
The statute was passed by the Legislature in 1964 and became effective in 1965. In the case of Briggs v. Campbell, Wyant Cannon Foundry Company (1966), 2 Mich. App. 204, aff'd, 379 Mich. 160, the court stated that an unconstitutional statute is void from the date of its passage. Quoting from 16 Am Jur 2d, Constitutional Law, ยง 177, pp 402, 403, the court stated: