TITLE XXIV.

CHAPTER 123.

How sheriff may be compelled to

return inventory, &c.

When no proceedings to be had under this chapter.

Penalties upon defaulting jurors and witnesses.

SEC. 35. Every sheriff to whom a warrant may have been delivered, may be compelled by the officer having jurisdiction of the proceedings thereon, to return the inventory required to be taken by him, and to pay over moneys in his hands, pursuant to any order for that purpose, by an order of such officer, and by process of attachment for disobedience thereto, on the application of any creditor.

SEC. 36. No proceedings under this chapter, to enforce the liens authorized by the provisions thereof, shall be had against any vessel which shall have been seized by virtue of process issuing from any court of the United States having admiralty jurisdiction, while such vessel is actually held under such seizure; nor against any vessel which shall have been sold by order of such court, except for debts contracted, or damages sustained after such sale; but nothing in this section contained shall be construed to impair the validity of any liens created by this chapter, the payment of which shall be decreed in any court of the United States.

SEC. 37. Every person summoned as a juror, or subpoenaed as a witness, who shall not appear, or appearing shall refuse to serve or to testify, in any proceeding had by virtue of this chapter, shall forfeit and pay for every such refusal, unless some reasonable excuse be shown, such fine, not exceeding ten dollars, as the officer before whom the proceedings are had shall think proper to impose; and such officer is authorised and empowered to issue an execution for the collection thereof, directed to the sheriff or any constable of the county, in the same manner, and with the like effect, as justices of the peace are authorized to do in cases of similar fines imposed by them.

In what cases en

try not to be made, &c.

Restoration of possession, in

Complaint may

be made.

CHAPTER 123.

PROCEEDINGS TO RECOVER THE POSSESSION OF LAND IN CERTAIN CASES.

Of Forcible Entries and Detainers.

SECTION 1. No person shall make any entry into lands, tenements, or other possessions, but in cases where eutry is given by law; and in such cases, he shall not enter with force, but only in a peaceable

manner.

SEC. 2. When any forcible entry shall be made, or when an entry case of forcible shall be made in a peaceable manner, and the possession shall be unentry or detainer. lawfully held by force, the person entitled to the premises may be restored to the possession thereof, in the manner hereinafter provided. SEC. 3. The person entitled to the possession of the premises, may make complaint in writing, and on oath, and deliver the same to a circuit court commissioner [or] a judge of the circuit or county court for the county, setting forth that the person complained of, is in possession of the lands or tenements in question, describing them, and that he entered into the same with force, or that he unlawfully holds the same by force, as the case may be.

Process upon

SEC. 4. Upon receiving such complaint, the officer to whom the complaint. some is delivered, shall issue his warrant, directed to the sheriff or

CHAPTER 123.

any constable of the same county, commanding him to apprehend the TITLE XXIV. person named in such complaint, and to bring him forthwith before such officer, to answer such complaint; or such officer may, at the option of the complainant, issue a summons against the defendant, as hereinafter provided, in cases of tenants holding over after the expiration of their term, and the same proceedings may be thereupou had as in case of a tenant holding over after the expiration of his lease.

executed.

SEC. 5. The sheriff or constable to whom any such warrant shall Warrant how be delivered, shall execute the same by arresting the defendant, and bringing him forthwith before the officer issuing such warrant, and shall thereupon notify the complainant of such arrest.

SEC. 6. Upon the defendant being brought before such officer, on Pleading to com such warrant, he may plead not guilty to the complaint, or if he ne- plaint. glect or refuse to plead thereto, such officer shall enter such plea for

him.

SEC. 7. On such issue being joined, the officer issuing the warrant Powers of officer shall possess all the power necessary for the trial and determination issuing warrant. thereof, and shall proceed to hear and determine the same; and for that purpose may issue subpoenas for witnesses, and compel their attendance in like manner as justices of the peace are authorized to do in cases within their jurisdiction.

tried by jury.

SEC. 8. If before proceeding to the trial of such issue, either the com- When issue to be plainant or the defendant shall request that the same be tried by a jury, such jury shall be selected and summoned, and the same proceedings shall be had in all respects as upon the trial of a cause by a jury in a justice's court, except that the sheriff, if present, may perform the same duties in the selecting, summoning, and keepingof the jury in such case, as constables are authorized to perform in cases in justices' courts, and the venire shall be directed to the sheriff or any constable of the county.

conviction.

cution to sheriff.

SEC. 9. If such defendant shall be convicted upon a trial before Judgment on such officer, or by the verdict of such jury, or upon a plea of guilty, to such complaint, the officer who issued the warrant shall thereupon enter a judgment that the complainant have restitution of the premises; and shall tax the costs and expenses for the complainantSEC. 10. The court shall thereupon issue a precept, commanding Precept and exethe sheriff or any constable of the county, to cause the complainant to be restored and put into full possession of the said premises; and shall also, in the same precept, or in a separate execution, direct the costs and expenses so taxed, to be levied and collected of the defendant, in the same manner as costs are or may be collected on judgments before justices of the peace, in personal actions. SEC. 11. If the complainant shall fail to prosecute his complaint, or When judgment if on such trial the defendant shall be found not guilty, judgment shall be rendered for the defendant for his costs, which shall be taxed and collected of the complainant, in the same manner hereinbefore provided for the collection of costs in favor of a complainant recovering judgment. Summary Proceedings to recover the Possession of Land in other Cases.

for defendant.

ed.

SEC. 12. The person entitled to any premises, may recover posses- Other cases in sion thereof in the manner hereinafter provided in the following cases: which possession 1. When any person shall hold over any lands or tenements after may be recoverthe time for which they are demised or let to him, or to the person under whom he holds, or contrary to the conditions or covenants of any lease or agreement under which he holds :

TITLE XXIV.
CHAPTER 123.

Complaint may be made.

Summons to be issued.

Service of sum

mona.

Proceedings on

return.

When officer may adjourn hearing.

Hearing and judgment.

2. When any rent shall have become due on any such lease or agreement, and the tenant or person in possession shall have neglected or refused, for fourteen days after demand of the possession made in writing, to deliver up possession of the premises, or pay the rent so due:

3. When any person shall continue in possession of any premises sold by virtue of any mortgage or execution, after the expiration of the time limited by law for the redemption of such premises :

4. When any tenant at will or by sufferance, shall hold over after the determination of his estate by a notice to quit, as provided by law. SEC. 13. In the cases specified in the preceding section, the person entitled to the possession of the premises may make complaint in writing, and on oath, and deliver the same to a circuit court commissioner, or judge of the circuit or county court for the county, setting forth that the person complained of, is in possession of the lands or tenements in question, describing them, and that such person holds the same unlawfully, and against the right of the complainant.

SEC. 14. Upon receiving such complaint, the officer to whom the same is delivered shall issue a summons directed to the sheriff or any constable of the same county, commanding him to summon the defendant to be and appear before such officer, at a time and place therein to be specified, not less than three nor more than six days from the issuing thereof, to answer such complaint.

SEC. 15. The officer to whom such summons shall be delivered, shall serve the same at least two days before the return day thereof, by reading the same to the defendant, if to be found within the county, and delivering to him a copy thereof, if required, or by leaving a true copy thereof certified by him, at the usual place of abode of such defendant, with some person of suitable age, to whom he shall explain the contents thereof.

SEC. 16. Upon the return of such summons, if the same be returned duly served, and the defendant appear, such defendant may plead not guilty to the complaint; or if he neglect or refuse to plead thereto, such officer shall enter such plea for him, and such issue shall be tried, and judgment shall be rendered, and the same proceedings shall be had thereon in all respects, and the costs shall be taxed and collected, in the same manner as in cases of forcible entry or detainer, and with the like effect.

SEC. 17. If the defendant fail to appear on the return of such summons, and the same be returned duly served, the officer issuing such summons may, in his discretion, adjourn the hearing, not more than six days from the return of such summons, and on the day to which the hearing shall be adjourned, if the defendant appear, the same proceedings shall be had as if he had appeared at the return of the summons.

SEC. 18. If the defendant fail to appear on the return of the summons, and there be no adjournment, or if the defendant fail to appear on the day to which the hearing may be adjourned, the officer shall note such failure in the minutes of his proceedings, and proceed to hear the complaint, and to inquire into the truth thereof; and if such officer shall be satisfied that such complaint is true, and that the complainant is entitled to restitution of the premises, he shall render judgment accordingly, and tax the costs for the complainant, and issue a writ of restitution, and process for the collection of the costs, as in other cases, and with the like effect.

General Provisions.

TITLE XXIV. CHAPTER 123.

Adjournments af

SEC. 19. After an issue shall be joined upon any complaint in pursuance of the provisions of this chapter, the hearing may be adjourn- ter issue joined. ed from time to time, as may be necessary, upon sufficient cause being shown, not exceeding thirty days in all.

dantto contin

SEC. 20. If such hearing be adjourned on the application of a de- When defenfendant, proceeded against by warrant for a forcible entry, or forcible ue in custody or detainer, and the complainant shall not consent thereto, such defend- give bond. ant shall continue, during the time of the adjournment, in the custody of the sheriff or constable, unless he shall give bond to the complainant, in the penal sum of fifty dollars, with sufficient surety to be approved by the officer issuing the warrant, conditioned to pay all such costs as shall be awarded against him in such cause.

SEC. 21. No restitution shall be made under the provisions of this When restitution chapter, of any lands or tenements, of which the party complained not to be made. of, or his ancestors, or those under whom he holds the premises, shall have been in the quiet possession thereof for three years next before the filing of the complaint, unless his estate therein be ended.

dience to process

SEC. 22. The officer before whom any proceedings shall be had for Powers of officer recovering the possession of lands in pursuance of this chapter, shall in enforcing obepossess all the necessary powers for issuing subpoenas, and compell- &c. ing the attendance of witnesses, and enforcing obedience to all orders and process lawfully made or issued by him.

SEC. 23. Every person summoned as a juror, or subpoenaed as a Penalties on juwitness, who shall not appear, or appearing, shall refuse to serve or rors and witnes ses making de. testify in any cause prosecuted by virtue of this chapter, shall forfeit fault, &c. and pay for every such refusal, unless some reasonable excuse be shown, such fine, not exceeding ten dollars, as the officer before whom the proceedings are instituted shall think proper to impose; and such officer is authorized and required to issue an execution for the collection thereof, directed to the sheriff or any constable of the county, in the same manner, and with the like effect, as justices of the peace are authorized to do in cases of similar fines imposed by them. SEC. 24. The complainant obtaining restitution of any premises un- Complainant obder the provisions of this chapter, shall be entitled to an action of taining restitution trespass, or trespass on the case against the defendant, and may reco- damages. ver treble damages from the time of the forcible entry, or forcible detainer, or of the notice to quit, or demand of possession, as the case may be; and all other damages to which he may be entitled.

may recover

SEC. 25. Either party conceiving himself aggrieved by the deter- Appeal. mination or judgment of the commissioner or judge, made or rendered under the provisious of this chapter, may appeal there (therefrom) to the circuit court for the same county, within the same time, in the same manner, and a return may be compelled, and the same proceedings shall be thereupon had, as near as may be, and with the like effect, as in cases of appeals from judgments rendered before justices of the peace to the county court, and costs shall be awarded and collected in the circuit court in the same manner.

SEC. 26. No writ of restitution shall be issued under the provisions When writ of of this chapter, until the expiration of ten days after the entry of restitution not to issue on judgjudgment of restitution, and in case of an appeal within that time, no ment. writ of restitution shall issue until such appeal be determined in the circuit court.

SEC. 27. If upon the trial of an appeal in the circuit court, judgment

CHAPTER 124.

TITLE XXIV. be rendered in favor of the complainant, upon delivering a certified copy of the entry thereof to the officer before whom the proceedings When restitution were commenced, he shall issue his precept for restoring to the comdetermination of plainant the possession of the premises in the manner hereinbefore provided.

to be made after

appeal.

When action of replevin may be brought.

CHAPTER 124.

OF THE ACTION OF REPLEVIN.

SECTION 1. Whenever any goods or chattels shall have been unlawfully taken, or unlawfully detained, an action of replevin may be 10 Wend., 349. brought for the recovery thereof, and for the recovery of the damages sustained by such unlawful taking or detention, except in the cases hereinafter excepted.

12 do. 133.

When executors,

action of reple

SEC. 2. Whenever, by any statute, executors or other persons, su&c., may bring ing in the right of another, are authorized to maintain actions of trespass or trover, for any personal property, unlawfully taken or unlawfully detained, such persons may maintain actions of replevin for such property.

vin.

Venue.

When replevin shall not lie.

7 Wend., 485.

Ib.

9 Cowen. 259.

Form of writ.

Affidavit to be annexed to writ.

12 Wend., 194.

SEC. 3. Actions of replevin shall be laid and tried in like manner as actions of trespass for injuries to personal property.

SEC. 4. No replevin shall lie for any property taken by virtue of any warrant for the collection of any tax, assessment or fine, in pursuance of any statute of this state.

SEC. 5. No replevin shall lie at the suit of the defendant in any execution or attachment, to recover goods or chattels seized by virtue thereof, unless such goods or chattels are exempted by law from such execution or attachment; nor shall a replevin lie at the suit of any other person, unless he shall, at the time, have a right to reduce into his possession the goods taken or detained.

SEC. 6. Actions of replevin shall be commenced by writ, which shall be substantially in the following form:

66

In the name of the people of the State of Michigan :

To the sheriff of the county of

We command you that you do forthwith take into your custody the following goods and chattels, to wit: (describing the goods and chattels to be replevid,) and deliver the same to A. B., plaintiff herein, if he shall give you security as required by law to prosecute to effect this writ against C. D., defendant herein, and to return the aforesaid goods and chattels, if return thereof shall be adjudged, and to pay all such sums of money as may be recovered against him hereupon; and also that you summon the said C. D. to appear before the court, at on the day of (some day on which writs in personal actions may be made returnable,) to answer the said A. B. concerning the unlawful detention of the said goods and chattels.

Witness, &c."

SEC. 7. Such writ shall not be executed in any case, unless the plaintiff in the action, or some other person having a knowledge of the facts, shall make and annex to the writ an affidavit, stating that the