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to answer second
intendent, chief clerk or other principal officer of such corporation, and it shall be the duty of such officer so served, Answer. or of the proper officer of such corporation having knowledge of the facts, to appear before the justice on the return day of such summons and answer thereto; or, in case such corporation has its business office in any other township than that in which said justice holds his office, to answer at his option, in writing, verified by his oath, before some person authorized to administer oaths, and transmit the same by mail or otherwise, to the justice issuing said summons, on or before the return day thereof, which shall be deemed a sufficient compliance with such summons; if such garnishee In case of fallure shall neglect or refuse to appear and answer or to transmit its to answer, etc. answer in writing, as above provided, on the return day of said summons, if the same shall have been duly served upon such garnishee and its fees paid or tendered, the justice shall continuation of continue the cause not less than six nor more than twelve days, and without further showing than that the summons has been duly served and the fees paid or tendered, issue a new summons against the garnishee defendant in continuation of the cause, returnable on the day to which said cause may have been continued, which shall be served as in the first instance, and at least six days prior to the return day thereof, but in such case the garnishee defendant shall not be entitled to any fees; and unless such corporation shall In case of failure appear and answer, or transmit its answer in writing in summons, etc. obedience to said second summons it shall be held to be indebted to the defendant in the original suit to the amount of any judgment that may be made against said defendant in such suit, and if judgment shall have been rendered against the defendant in said original suit at the time of the default of such garnishee defendant, as aforesaid, said justice shall immediately enter judgmemt against said garnishee defendant for the amount of the judgment against the defendant in the original suit and in favor of the plaintiff; but if at the time of such default as aforesaid judgment has not been rendered against the defendant in the original suit, then said justice shall still further continue said cause until the determination of such original cause when, if judgment is rendered against the defendant in such original suit, the justice shall immediately render judgment against such corporation, as above provided. Such corporation, or Appeal. the plaintiff in said suit, may appeal from any judgment rendered under this section to the circuit court of the proper county, in the same manner as appeals may be taken from any other judgment of a justice of the peace, where the liability of such corporation may be fully inquired into: Pro- Proviso. vided, That when such corporation shall wish to appeal, in cases where it has not answered as garnishee, it shall, in addition to the other requirements of law, file with the justice a full and complete answer, in writing, as such garnishee, verified by the oath of one of its officers having
knowledge of the facts; and thereupon said justice shall,
. carnished to be takes an appeal in the principal suit, the court shall make
an order releasing said moneys so garnisheed. Said order shall be directed to the garnishee defendant and shall be delivered to the principal defendant upon request of the defendant. Said order shall recite the reason for releasing said garnishee defendant, and said garnishee defendant shall then and there be released from all liability.
Approved June 30, 1891.
What order to recite.
[ No. 179. ]
AN ACT to establish, protect and enforce by lien the rights
of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves and all other structures; and to repeal all acts contravening the provisions of this act.
SECTION 1. The People of the State of Michigan enact, That every person who shall, in pursuance of any contract express or implied, written or unwritten, existing between himself as contractor and the owner, part owner or lessee of any interest in real estate, build, alter, improve, repair, erect, ornament or put in, or who shall furnish any labor or materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in, any house, building, machinery, wharf or structure; and every person who shall, as subcontractor, laborer or material-man, perform any labor for or furnish materials to such original or principal contractor, or to any subcontractor, in carrying forward or completing any such contract, shall have a lien therefor upon such house, building, machinery, wharf or other structure and its appurtenances, and also upon the entire interest of such owner, part owner or lessee in and to the lot or piece of land not exceeding one quarter section of land, or if in any incorporated village or city, not exceeding the lot or lots upon which such improvement is made, to the extent of the right, title and interest of such owner, part owner or lessee at the time work was commenced or materials were begun to be furnished by the contractor under the original contract, or by the subcontractor who furnishes or is furnished
of owner, etc,
to contractor at risk of owner,
with any labor or material in the performance or execution of such subcontract, and also to the extent of any subsequent acquired interest of any such owner, part owner or lessee: Provided, That any person, firm or corporation furnishing Proviso. material of any kind entering into the construction of such building or structure shall, within ten days after the sale of the same to any contractor or subcontractor, serve on the owner, part owner or lessee of the premises or his agent a fairly detailed statement of the goods so sold, if such owner, part owner or lessee resides in or has a known agent in the county in charge of such structure or improvement. The owner, part owner or lessee shall not be liable Limit of liability to the subcontractors, material-men or laborers for any greater amount than he contracted to pay the original contractor, and shall be entitled to recoup any damages which he may Romedy against sustain by reason of any failure or omission in the perform-contractor. ance of such contract; but the risk of all payments made to when payment the original contractor, when the claimant for labor performed or materials furnished shall have, before or at the etc. time of the commencement of the performance of such labor or the furnishing of such materials, filed with the register of deeds of the county where such structure is situated a written notice that a lien will be claimed for labor performed or materials furnished with a description of the premises and the name of the owner, part owner or lessee and contractor and within the time aforesaid shall have served a copy of such notice on said owner, part owner or lessee shall be upon the owner, part owner or lessee, until the expiration of the sixty days within which claims for lien may be filed as hereinafter mentioned, and no payment to any original contractor made before the expiration of said sixty days shall defeat any lien of any subcontractor, material-man or laborer, unless such payment has been distributed among the subcontractors, material-men and laborers, or if distributed in part only, then, to the extent of such distribution.
SEC. 2. If any such services are performed or materials when lion to are furnished upon lands belonging to any married woman, of married wom. with her knowledge and consent, in pursuance of a contract en, with the husband of such married woman, the person furnishing such labor or materials shall have a lien upon such property the same as if such contract had been made with such married woman. And in case the title to such lands upon which improvements are made is held by husband and wife jointly, the lien given by this act shall attach to such lands and improvements, if the improvements be made in pursuance of a contract with both of them, or in pursuance of a contract with one of them by and with the knowledge and consent of the other.
SEC. 3. Any person furnishing services or materials for When lien to the erection of a new building or structure upon land to which the person contracting for such erection has no legal title, shall have a lien therefor upon such [building] buildings or struct
hold building. etc.
When owner may retain money, etc.
ure; and the forfeiture or surrender of any title or claim of title held by such contracting person to such land shall not defeat the lien upon such building or structure of such person furnishing services or materials as aforesaid. In case the property covered by the lien is held by the vendee in a land contract, and he surrenders or forfeits his rights thereunder, the person or persons holding such liens may be subrogated to the rights of such vendee, as his rights existed immediately before such surrender or forfeiture, by performing the covenants contained in such contract within thirty days after such forfeiture or surrender is made.
SEC. 4. The owner, part owner or lessee may at any time retain from any moneys due or to become due to the original contractor, an amount sufficient to pay all demands owing or unpaid to any subcontractor, material-man or laborer, who has filed and served the notice in manner and form as pro
vided in section one of this act. The original contractor make statement, shall, whenever any payment of money shall become due
from the owner, part owner or lessee, or whenever he desires to draw any money from the owner, part owner or lessee on such contract, make out and give to the owner, part owner or lessee, or his agent, a statement under oath of the number and names of every subcontractor or laborer in his employ, and of every person furnishing materials, giving the amount, if anything, which is due or to become due to them or any of them for work done or materials furnished, and
the owner, part owner or lessee, or his agent, may retain tain money, etc.
out of any money then due or to become due to the contractor, an amount sufficient to pay all demands that are due or to become due to such subcontractors, laborers and material-men, as shown by the contractor's statement, and pay the same to them according to their respective rights, and all payments so made shall, as between such owner, part owner, or lessee, and such contractor, be considered the
same as if paid to such original contractor. Until the stateWhen contractor ment provided for in this section is made, in manner and
form as herein provided, the contractor shall have no right of action or lien against the owner, part owner or lessee on account of such contract, and any payments made by the owner, part owner or lessee, before such statement is made, or without retaining sufficient money, if that amount be due or is to become due, to pay the subcontractors, laborers or material-men, as shown by the statement, shall be considered illegal and made in violation of the rights of the persons intended to be benefited by this act, and the rights of such
subcontractors, laborers and material-men to a lien shall not When statement be affected thereby. If neither such owner, part owner,
lessee nor his agent can be found within the county, then it shall not be necessary for the contractor to make and deliver such statement as a prerequisite to the institution of proceedings under this act or other suit or proceeding. In order that the owner, part owner, or lessee may be protected,
Owner may re
against owner, etc.
Protection of owner,
ister of deeds.
he may at any time during the progress of the work demand in writing of the contractor, the statement herein provided for, which shall be made by the contractor and given to the owner, part owner or lessee, or his agent, and if such contractor fail to furnish such statement within five days after demand made, he shall be liable to such owner, part owner, or lessee, each time he so refuses or neglects to comply with such demand, in the sum of one hundred dollars, and also for all actual damages occasioned by such neglect or refusal, to be recovered in an action on the case or in any other appropriate proceeding.
SEC. 5. Every person, or his agent or attorney, whether statement to be contractor, subcontractor, material-man or laborer, who wishes Aded with rega to avail himself of the provisions of this statute, shall make and file in the office of the register of deeds, in the county or counties in which said real estate, house, building, structure or improvement to be charged with the lien is situated, a just and true statement or account of the demand due him, over and above all legal set-offs,' setting forth the time when such materials were furnished or labor performed, and for whom, and containing a correct description of the property to be charged with the lien, and the name of the owner, part owner or lessee, if known, which statement shall be verified by affidavit. Such verified statement or account shall be filed within sixty days from the date on which the . last of the materials shall have been furnished or the last of the labor shall have been performed by the person claiming the lien, which statement may be in the following form:
STATE OF MICHIGAN,
A B, of
being duly sworn, says, that he furnished certain labor (or materials) in and for building (or altering, improving, repairing, erecting or ornamenting as the case may be) a certain.. situated on the land hereinafter described, in, pursuance of a certain contract with CD, the owner (or part owner or lessee, contractor, subcontractor or other person, as the case may be). The performance of such labor (or the furnishing of such materials, or both) was begun on the...
18.--, and the last of such labor was performed (or such materials furnished, or both) on the
-day of 18.-; and there is justly and truly due deponent therefor from the said CD, over and above all legal set-offs, the sum of
dollars, for which amount deponent claims a lien on said land (or building) of which is the owner (or part owner, or lessee as the case may be) which premises are described as follows: