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etc., as evidence.

creditors, and copies of all warrants issued, and of all orders made by him, with a list of the fees and expenses allowed by him, and a report of all the proceedings had or done by him, to be filed in the office of the Clerk of the Circuit Court for the county in which the proceedings are had.

Effect of report, (4966.) SEC. 33. Such report, and a copy thereof duly certified by the clerk, shall be conclusive evidence that the proceedings stated therein were had before such officer.

Court may correct errors in pro ceedings.

How Sheriff may

be compelled to

etc.

(4967.) SEC. 34. Upon such report being made, the Court may correct any errors that shall appear to have been committed in the proceedings, and make such order as shall be just, and may remit the proceedings to the officer who issued the warrant, or the Court may proceed to do such acts and things as shall be necessary in the premises.

(4968.) SEC. 35. Every Sheriff to whom a warrant may have return inventory, been delivered, may be compelled by the officer having juris. diction 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.

When no proceedings to be

Chapter.

(4969.) SEC. 36. No proceedings under this chapter, to had under this 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.

Penalties upon defaulting Jurors

(4970.) SEC. 37. Every person summoned as a juror, or and Witnesses. 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 authorized 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.

An Act to Amend an Act entitled, "An act to Regulate Proceedings in the Collection of Demands against Ships, Boats and Vessels."

[Approved April 1, 1850. Took effect May 31, 1850. Laws of 1850, p. 205.]

SEC. 1, 2. (e)

ings, etc., to be

(4971.) SEC. 3. No proceeding under the act to which this When proceedact is amendatory shall be abated, quashed or set aside for any amended.' clerical or circumstantial error, or any misnomer of a ship, boat or vessel, when the same can be amended without injustice; but in all such cases, amendments shall be granted on such terms as the Court shall think proper.

lection thereof.

(4972.) SEC. 4. The fees for keeping any ship, boat or vessel Fees. seized under the provisions of the act to which this is amendatory, shall be one dollar and fifty cents for every twenty-four hours; but the Court may in any case, allow as costs, any necessary expense arising from keeping such ship, Costs and the colboat or vessel; all other costs shall be such as are established by law for like services; and in any case where an action shall be brought upon any bond that may be given under the provisions of said act, for the release of any ship, boat or vessel, such costs shall be taxed against the party losing in such action.

ings may be fore another offi

(4973.) SEC. 5. In case of the death, resignation, removal When proceedor absence of any officer before whom proceedings may have ansferred bebeen commenced, under the provisions of this chapter, and cer. before the same shall have been completed and determined, it shall be lawful to transfer the warrant and proceedings to any other officer authorized to perform the duties of a Justice of the Supreme Court at Chambers, or to any other Judge of any Court of Record, in the proper county, who shall thereupon have jurisdiction of the cause or matter so transferred, in the same manner as if he had originally issued the warrant in the cause. Or, in case of the temporary absence of the officer before whom proceedings may have been commenced under the provisions of this chapter, and before the same shall have been completed and determined, such other officer, or any Justice of the Peace of the proper county, may

(e) Amend Section 4934, as given above.

continue any such proceedings till the return of the officer before whom the same were commenced; but no such continuance shall extend beyond thirty days.

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4974. In what cases Entry not to be made, etc.
4975. Restoration of possession, in case of forci-
ble Entry or Detainer.
4976. Complaint may be made.
4977. Process upon complaint.
4978. Warrant how executed.
4979. Pleading to complaint.

4980. Powers of officer issuing Warrant.
4981. When issue to be tried by Jury.
4982. Judgment on conviction.
4983. Precept and Execution to Sheriff.
4984. When judgment for Defendant.

SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION
OF LAND IN OTHER CASES.

4985. Other cases in which possession may be recovered.

4986. Complaint may be made.

4987. Summons to be issued.

4988. Service of Summons.

4989. Proceedings on return.

4990. When officer may adjourn hearing. 4991. Hearing and judgment.

SECTION

GENERAL PROVISIONS.

4992. Adjournments after issue joined. 4993. When Defendant to continue in custody or give Bond.

4994. When restitution not to be made. 4995. Powers of officer in enforcing obedience to process, etc.

4996. Penalties on Jurors and Witnesses making default, etc.

4997. Complainant obtaining restitution may recover damages.

4.98. Appeal; When and how made; How Complainant obtaining restitution may recover damages.

4999. When Writ of restitution not to issue on judgment.

5000. When restitution to be made after determination of appeal.

5001. Defendant may be found guilty of holding over whole or any part of premises. 5002. Appeals to County Court in certain Counties.

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Chapter One Hundred and Twenty-Three of Revised Statutes of 1846

OF FORCIBLE ENTRIES AND DETAINERS.

(4974.) SECTION 1. No person shall make any entry into lands, tenements or other possessions, but in cases where entry is given by law; and, in such cases, he shall not enter with force, but only in a peaceable manner.

possession in

entry or detainer.

(4975.) SEC. 2. When any forcible entry shall be made, or Restoration of when an entry shall be made in a peaceable manner, and the case of forcible possession shall be unlawfully held by force, the person enti-2 Doug. Mich., tled to the premises may be restored to the possession thereof, 1 Mich. Rep., 17. in the manner hereinafter provided.

368, 372.

be made.

(4976.) SEC. 3. The person entitled to the possession of the Complaint may premises, his agent or attorney, 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. (a)

complaint.

(4977.) SEC. 4. Upon receiving such complaint, the officer Process upon to whom the same is delivered, shall issue his warrant, directed to the Sheriff or any constable of the same county, commanding him to apprehend the 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 thereupon had as in case of a tenant holding over after the expiration of his lease.

ecuted.

(4978.) SEC. 5. The Sheriff or constable to whom any such Warrant how exwarrant shall 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.

plaint. 117.

(4979.) SEC. 6. Upon the defendant being brought before Pleading to comsuch officer, on such warrant, he may plead not guilty to the Doug. Mich., complaint, or if he neglect or refuse to plead thereto, such officer shall enter such plea for him.

issuing Warrant.

374

(4980.) SEC. 7. On such issue being joined, the officer issuing Powers of officer the warrant shall possess all the power necessary for the trial 2 Doug. Mich., and determination 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

(a) As Amended by Act 206 of 1848. Laws of 1848, p. 313, Sec. 8. For a provision conferring jurisdiction in proceedings under this Chapter upon the Recorder of Grand Rapids, see Laws of 1357, p. 293, Sec. 14.

When issue to be tried by Jury.

Judgment on conviction.

Justices of the Peace are authorized to do in cases within their jurisdiction.

(4981.) SEC. 8. If, before proceeding to the trial of such issue, either the complainant 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 keeping of 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.

(4982.) SEC. 9. If such defendant shall be convicted upon a 16 Ill. Rep., 415. trial before 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 of the complainant.

Precept and Execution to Sheriff.

When judgment for Defendant.

(4983.) SEC. 10. The Court shall thereupon issue a precept, commanding the Sheriff or any constable of the county, to cause the complainant to be restored and put into full possession of 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.

(4984.) SEC. 11. If the complainant shall fail to prosecute his complaint, or 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.

Other cases in which possession

SUMMARY PROCEEDINGS ΤΟ RECOVER THE POSSESSION OF
LAND IN OTHER CASES.

(4985.) SEC. 12. The person entitled to any premises, may may be recover-recover possession thereof in the manner hereinafter provided in the following cases:

ed.

5 Gilman, 41.

1. When any person shall hold over any lands or tenements after the 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 anv lease or agreement under which he holds;

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