Hogwash Volume 15

July 2013
Welcome to Hogwash!


Rosi and Gardner If this is the first edition of Hogwash! you've received it's because someone you know thought that you would like to receive it and perhaps pass it on to a friend.

If you enjoy this E-newsletter and know others who you think would like to be on our list or receive a copy by mail, please let us know at info@rosigardner.com

The highest compliment we can receive is a referral from a friend. Although we've been in business together for more than twelve years, have more than 50 years of combined legal experience experience, we are never too busy to help those you refer to us: your family, friends, neighbors, and co-workers.

Are You Legit?

(or, Is Your Child Legit?)

Under the common law transplanted here to the colonies, "Lord Mansfield's Rule" (William Murray, 1st Earl of Mansfield, b. 1705 and d.1793) was often used to prevent either spouse from testifying that the husband had no "access" to the wife at the time of conception. The rule's purpose was to prevent children being deemed "illegitimate."

The same effect held quite strongly in Michigan until recently.

There exists a presumption that a child born to a married woman is the child of her husband. As long as the mother remained married, not even DNA evidence could be used to challenge the legal, presumed paternity of the child, unless a separate action involving the custody of that child (such as a divorce) was started. In addition, under Michigan's "Acknowledgment of Paternity" statute the signatures of the mother and a man on an Affidavit of Paternity, swearing before a Notary that they are the parents of the child, had the same effect as a legal determination of paternity. The child would have all of the rights as a child of that man including support and the right to inherit, and that man would have all of the rights, such as parenting time and responsibilities (support) of being the father of that child.

Just over a year ago, the Revocation of Paternity Act took effect. With that, Michigan has opened a gate, to allow a biological father a path to claim rights to and responsibilities for a child not legally his. If he acts in a timely manner – usually within 3 years of the child's birth – he may be able to establish that he is the father of the child, legally. Prior to the act, in virtually every instance, courts up through and including the Supreme Court of Michigan had ruled that such a man does not have "standing" (the right to petition a court for relief) to claim the child and thereby "illegitimize" the child.

It would seem that Michigan's public policy has shifted, from protecting "legitimacy" to ensuring only that a child has two parents to support and protect him or her. And, perhaps it has something to do with the demise of titles such as Your Lordship for some male, "legitimate" offspring . . .

Threatening to
"Read the Riot Act"

Riot Act

Now the we have once again celebrated, for the 237th time, our Declaration of Independence from that bastion of democracy, the British Crown, it is significant to recall that August 1 shall be the 298th anniversary of the enactment by the British Parliament of The Riot Act.

We have all heard of it, but what, you may ask, is it and what is the significance of "Reading It?"

According to Wikipedia, the current source of all knowledge – 16th century England was rife with civil disturbances: the Sacheverell riots of 1710 and the Coronation riots of 1714 and 1715. Parliament issued the Riot Act to make as a capital offense the failure of a group of twelve or more persons who were "unlawfully, riotously, and tumultuously assembled together" to disperse upon being requested to do so by a person in authority such as a mayor, bailiff or "other head officer" or a justice of the peace in a city or village and elsewhere by a justice of the peace, sheriff or under-sheriff. The request, however, had to be in specific form; hence, to be effective the Riot Act had to be read in its entirety, as follows:

Our Sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God Save the King!

If a group of people to whom the Riot Act was read failed to disperse within one hour of the proclamation, not only could the authorities could use force to disperse them, anyone assisting with the dispersal was specifically indemnified against any legal consequences in the event any of the crowd was injured or killed. Sound as though "Freedom of Assembly" was a bit restricted.

Surely, you may suggest, the Act could not have been in force very long. Surprise! Parliament did not repealed it until 1973.

Was it a good law? You can be the judge. But consider that it was the model for the first "Militia Act (1 Stat. 264)" adopted by Congress of 8 May 1792: "An act to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections and repel invasions", Section 3 of which gave power to the President, to issue a proclamation to "command the insurgents to disperse, and retire peaceably to their respective abodes, within a limited time", and authorized him to use the militia if they failed to do so. Substantively identical language is presently codified at chapter 15 of title 10, United States Code.

10 USC § 334 Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

Like the U.S., the various jurisdictions which follow the English "Common Law" retain statutes that limit the forcible dispersion of a public assembly, deemed at the time to be unlawful. Those statutes require police or other executive agents to deliver an oral warning, much like the Riot Act, before force maybe lawfully used to disperse the public. That oral warning, initially incorporated in the Riot Act, was required before an unlawful public assembly may be legally forcibly dispersed.

The requirement that the authorities were initially required to read, aloud, the proclamation, initially referred to the Riot Act of 1715, have given rise in common language to the expression "to read the Riot Act" as a phrase meaning "to reprimand severely", with the added sense of a stern warning. The phrase remains in common use in the English language.

Have questions about your deed?

What would happen to it on your death?

Mention this Hogwash! coupon, and we will REVIEW YOUR DEED (including any mineral interests) for FREE.

Offer Expires: July 31, 2013
Issue: 15
In This Issue
Are You Legit?…(or, Is Your Child Legit?)
Threatening to "Read the Riot Act"
Fun in the Sun
Humor for Summer Travelers
Karen's At Home Cookin'

Fun in the Sun

July is a month of celebrations. Probably the best known in the United States is Independence Day on July 4 but the list of celebrations is long as well as varied.

Month long celebrations include:

-National Grilling Month

-National Blueberry Month

-National Anti-Boredom Month

-National Cell Phone Courtesy Month

Literally there's something for anyone.

For the adventurous among us, the second week of July was "Nude Recreation Week." If you decide to celebrate this next year PLEASE use plenty of sun screen.

Finishing off the month is National Hot Dog Day on July 23.

Humor for Summer Travelers

If you're planning a summer vacation you may want to consider this bit of wry humor we found on the Internet. It's from a list entitled The Cynic's Guide to Life.

The journey of a thousand miles begins with a broken fan belt and a leaky tire.

Take care, travel safe and get your car checked over before you leave!


Recently Gary found a word on Wordnik Word of the Day that captured his fancy and seemed appropriate for inclusion in Hogwash! It's definitely something you'll want to read up on if you're planning to attend or throw a lobster boil this summer.

The word is Tomalley. If you're a lobster lover you probably know what it is and what it looks like. The word is


Merriam Webster defines tomalley as the liver of the lobster. It's a soft green substance and functions as the liver and pancreas in this prized seafood. The name apparently comes from the Carib word tumail which is the name of a sauce made from lobster livers and first known to be used in 1666.

Wikipedia notes that the hepatopancreas of the crab is also called tomalley. In the crab the tomalley is yellow or yellow-green.

Tomalley is considered a delicacy by many and is consumed by some although there is concern that tomalleys, like other animal livers can contain high levels of PCBs and may contain the toxins associated with paralytic shellfish poisoning.

Karen's At Home Cookin'


We live for the summers in Northern Michigan and summer is definitely here. All we think about is what we are going to cook on the grill. Although you can't beat a grilled hamburger, we decided to try something different last weekend (we didn't have any buns and didn't want to go to the store), so we came up with a grilled meat loaf using leftovers. It worked! Use your own imagination for this one and what's handy in the kitchen. We let our guests make the sauces for the meat loaf and it got a little messy, but we all loved the end result. Have fun with it!


Make your favorite meat loaf recipe, then roll it out on wax (or plastic) paper to a 9 x 12" rectangle about 2" thick. Mix one cup bread crumbs, one-half cup milk, four oz. of blue cheese and one cup of finely chopped fresh spinach or arugula. Spread that on the meat, then roll it up and pinch it at the ends. Grill until it reaches 160 degrees (a little over an hour).

Suggested sauces:


½ cup mayo

1 pressed garlic clove

1/4 cup horseradish or wasabi sauce


½ cup ketchup

3 tbsp. mustard

3 tbsp. honey

1 tsp. ground fennel


½ cup plain Greek yogurt

½ shredded cucumber (with the juice squeezed out in a small colander)

2 garlic cloves


6 large tomatoes (or a large can)

4 cloves fresh garlic, pressed

1/2 cucumber

1/2 teaspoon red pepper flakes

1/2 cup red wine vinegar

1/2 cup olive oil

2 scallions (or red onion) chopped

3 sprigs basil leaves

3 sprigs cilantro leaves

3 sprigs parsley leaves

Salt and pepper

1. In a food-processor bowl, roughly purée the tomatoes, garlic, cucumber, red pepper flakes, vinegar and oil. Add scallions and herbs and pulse just until they're chopped. (If you let the machine run, you'll end up with a brownish mess.) Add salt and pepper to taste.

2. Chill at least an hour or two before serving. If possible, chill overnight so the flavors can blend.

Plating: Find some pretty dessert glasses (or even shot glasses), press sticky white rice to half-way up the cup, fill to the top with the gazpacho and then top with a nice fat shrimp. Last, add a sprig of cilantro, parsley or basil.

Side dishes:

Chop four potatoes, four parsnips and one red pepper into bite-sized pieces, drizzle with olive oil and sea salt, wrap in foil (rub a little oil on the foil first) and throw it on the grill. This takes about 25 minutes depending on your heat. The foil pack should be steaming.

The local strawberries are fantastic this year. I made jam with a touch of black currant balsamic vinegar and served it with buttered biscuits (saving some biscuit for strawberries and ice cream for dessert).

Rosi & Gardner logo

Rosi & Gardner, P.C.
735 S. Garfield Avenue
Suite 202
Traverse City, Michigan 49686

Philip R. Rosi

rosi signature
Email Philip

Gary Allen Gardner
gary signature
Email Gary

Online Marketing Service provided by Clever Consulting