Act take effect. court having jurisdiction: Provided, nevertheless, That operations Sec. 6. This act shall take effect from and after its passage. [No. 43.] For what demands AN ACT to provide for the collection of demands against boats and vessels. Section 1. Be it enacted by the Senate and House of Repreboat or ves- sentatives of the State of Michigan, That every boat or vessel used in navigating the waters of this state shall be liable: sel liable. First. For all debts contracted by the master, owner, agent, or consignce thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done, or services rendered on board such boat or vessel; on account of labor done or materials furnished by mechanics, tradesmen or others, in and for the building, repairing, fitting out, furnishing or equipping such boat or vessel. Second. For all sums due for the wharfage or anchorage of such boat or vessel within this state. Third. For all demands or damages accruing from the nonperformance of any contract of affreightment, or of any contract touching the transportation of persons or property, entered into by the master, owner, agent or consignee of the boat or vessel, on which such contract is to be performed. Fourth. For all injuries done to persons or property by such boat or vessel, in all instances where the same is shown to have occurred through the negligence or misconduct of the master or hands thereon employed. instituted sel, by its Sec. 2. Any person having a demand as aforesaid, instead of Suit may be proceeding for the recovery thereof against the master, owner or against vesconsignee of a boat or vessel, may, at his option, institute suit name. against such boat or vessel by name. be filed. Sec. 3. Any plaintiff wishing to institute suit against a boat or Complaint to vessel, shall file his complaint against such boat or vessel by name, with the clerk of the circuit court of the county in which such boat or vessel may be. forth, to be verified by affidavit. Sec. 4. The complaint shall set forth the particulars of the What to set plaintiff's demand, and on whose account the same accrued; it shall be verified by the affidavit of the plaintiff, or of some other credible person or persons for him, and shall stand in lieu of a declaration. attachment against ves Sec. 5. Whenever any complaint as aforesaid shall be filed in Clerk to issue the office of the clerk of the circuit court, it shall be the duty of thereon said clerk to issue an attachment returnable forthwith, directing sel. and authorizing the sheriff, or other proper officer, to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel and furniture, until discharged by due course of law. on return ment. Sec. 6. Upon the return of any attachment issued by virtue of Proceedings the preceding section, proceedings shall thereupon be had in the of attachcircuit court against the boat or vessel sued, in the same manner, as near as may be, as if suit had been instituted by summons against the person on whose account the demand accrued. defend suit. Sec. 7. The master, owner, agent or consignee of the boat or who may vessel, may appear in behalf of such boat or vessel, and plead to the action and defend the same. make rules pleadings, Sec. 8. The circuit court may by rule prescribe the time and Court may manner of pleading, of exhibiting or filing any papers, or taking regulating any needful steps in any suit commenced under this act, where &c. the time and manner of doing the same are not prescribed by law. to be dis owner giving plaintiff. Sec. 9. If the master, owner, agent, or consignee shall, before when boat final judgment in any suit instituted by virtue of this act, give charged on bond to the plaintiff with sufficient security to be approved of by bond to the court, or one of the judges, or clerk thereof in vacation, conditioned to satisfy the amount which shall be adjudged to be owing and due to the plaintiff, together with all the costs accruing, and file the same with the clerk of the court, such boat or vessel, Court to make order directing vessel to be sold with the tackle, apparel, and furniture belonging thereto, shall thereupon be discharged from further detention by the sheriff, or other officer having custody of the same. Sec. 10. If judginent shall be rendered against any boat or vessel, in favor of the plaintiff, the court shall make an order, to pay judg- directed to the sheriff, or other officer, commanding him to sell ment. When execution to issue such boat or vessel, together with its tackle, apparel and furniture, to satisfy the judgment, and all costs which may have accrued in the cause; which order shall be executed and returned in the same manner as executions. Sec. 11. If bond and security shall have been entered into, according to the provisions of the ninth section of this act, and and surety judgment shall have been rendered in favor of the plaintiff, execu against principal in bond. When justi tion shall be issued for the amount of judgment and costs in favor of the plaintiff, against the principal and security in such bond. Sec. 12. Justices of the peace, within their respective counties, shall have cognizance of all cases arising under this act, wherein cases under the demand claimed shall not exceed one hundred dollars. ces of peace to have cog nizance of this act. Their proceedings. On return of attachment Sec. 13. In all their proceedings, justices of the peace shall conform to the provisions of the law governing justices courts, and as near as may be, to the provisions of this act, as applying to the circuit courts. Sec. 14. Each attachment issued by a justice of the peace, to try cause. under this act, shall be returnable forthwith, and upon the return thereof, it shall be the duty of the justice of the peace to hear and determine the complaint of the plaintiff in a summary manner. How attach. ment to be served. Officer to of vessel as is necessary to satisfy judgment. Sec. 15. The officer to whom such attachment is directed, shall serve the same by going to the place where the boat or vessel named in the complaint shall be, and there, in the presence of two disinterested persons, declare, that, by virtue of such attachment, he attaches such boat or vessel, and he shall state, in his return on the attachment, the names of the two persons present, and the time when the same was served. Sec. 16. Whenever an order shall be made for the sale of a sell such part boat or vessel, with its tackle, apparel and furniture, the sheriff or constable or other officer, shall have power to sell such part thereof, or such interest therein, as shall be necessary to satisfy the amount of the judgment rendered in favor of the plaintiff and all the costs that have accrued. Court may grant conti cause. Sec. 17. For good and sufficient cause shewn by the master, owner, agent or consignee of any boat or vessel, sued under the nuance of provisions of this act, the court or justice of the peace may grant continuances of the cause; but no such continuance shall operate as a discharge of such boat or vessel from the custody of the sheriff, constable, or other officer having custody of the same. ance to be plaintiff. receive fees allowed in other cases for like ser Sec. 18. No continuance of a cause under this act shall be No continugranted to the plaintiff; but any justice of the peace before whom granted to a cause is pending by virtue of this act, may in his discretion, for cause shewn, hold open court, not exceeding twenty-four hours. Sec. 19. Sheriffs, constables and other officers, shall receive Officer to the same compensation for their services under this act as are allowed them for like services in other suits and proceedings. Sec. 20. In all cases arising under this act, if judgment shall owner may have been rendered in favor of a plaintiff, the master, owner, agent or consignee of the boat or vessel, or other person interested, may appeal from the judgment of any justice of the peace, or sue out a writ of error in the same manner as if they or either of them had been sued. vices. appeal or bring writ of error. Actions to within one Sec. 21. All actions against a boat or vessel under the provi- be brought sions of this act, shall be commenced and sued within twelve year. months after the cause of such action shall have accrued. Approved April 10, 1839. [No. 44.] AN ACT to authorize a settlement with Michigan state bank. state, auditor A. G. Ham settle with Section 1. Be it enacted by the Senate and House of Represen- Sec'y of tatives of the State of Michigan, That the secretary of state, and general, and the auditor general, and Andrew G. Hammond, as a committee mond, to on the part of the legislature, be authorized and directed to settle bank. with the Michigan state bank for all deposites made in said bank, on account of the state, and upon the said bank paying to the treasurer of the state all moneys so in its hands, they shall grant a full discharge for the same. Sec. 2. If upon such attempted settlement with said bank, the Report to officers thereof should not pay over to the said state treasurer all legislature. the money due to the state, then the said secretary of state, and Sec. 3. This act is to take effect from and after its passage. For pay of [No. 45.] AN ACT making special appropriations, and for other purposes. Section 1. Be it enacted by the Senate and House of Represenlegislature. tatives of the State of Michigan, That there be and hereby is appropriated out of any moneys in the state treasury not otherwise appropriated, a sum not exceeding thirty-five thousand dollars, for the pay, in part, of the members and officers of the senate and house of representatives of this state, and to defray the incidental expenses of the present legislature. Members to be paid on president of senate, or speaker of liouse. Sec. 2. That out of the appropriations in the first section of certificate of this act made, there shall be paid by the treasurer of this state to each member and officer of this legislature, such sum as shall be due to him from time to time, upon the certificate of the president or speaker of the house of representatives, as the case may be, countersigned by the auditor gencral of this state; and further, that out of said appropriations there shall be paid from time to time such sum or sums for the incidental expenses of this legislature, as upon the certificate of the president of the senate and speaker of the house of representatives, shall be required. Sec. 3. That the provisions of this act be in force from and after its passage, any law to the contrary notwithstanding. Approved April 10, 1839. |
