time file its assent in writing to the provisions of this act, in the of fice of the secretary of state.

Sec. 17. The legislature may at any time, alter, amend or repeal

this act.

Approved March 28, 1849.

[ No. 137. ]

AN ACT to authorize proceedings against Garnishoes and for

other purposes.

ses garni

may issue

Section 1. Be it enacted by the Senate and House of Representa. In what es tives of the State of Michigan, That in any action commenced be. shee process fore a justice of the peace, founded upon contract, express or implied, or upon judgment or decrec, or after the rendition of judgment in any case, if the plaintiff, his agent or attorney shall make and file with such justice an affidavit, stating that he has good reason to believe, and does believe that any person (naming him) has property, money or effects in his hands or under his control, belonging to the defendant in such suit, judgment or decree, or that such person is indebted to such defendant, the justice shall issue a summons against such person requiring him to appear before such justice at a time and place mentioned in said summons, not less than six nor more than twelve days from the date thereof, and answer under oath, all questions put to him touching his indebtedness to such defendant, and the property, money and effects of the defendant in his possession, within his knowledge, or under his control; which such process summons shall be served and returned in the same manner as a sum- garnishce

raons issued against a defendant in other cases. The garnishee shall be entitled to the same fees as he would be, if he were subpoenaed as a witness in such cause.

Service of

and fees of

garnisbee

Sec. 2. The person summor.ed as garnishee, from the time of the Liability of service of such summons, shall be deemed liable to the plaintiff in such suit, to the amount of the property, money and effects in his hands or possession, or under his control, or due from him, to the defendant in such suit: Provided, That when the defendant is a householder having a family, nothing herein con ained shall be ap plicable to any indebtedness of such guarnishee to the defendant for the personal labor of such defendant, or his family, for any amount not exceeding the sum of twenty-five dollars.

When war

aue against

Sec. 3. If such garnishes neglect or refuse to appear at the time raut may is- and place mentioned in such summons, and answer as aforesaid, ariabee. the justice shall continue the cause to some other day; and without further showing than the officer's return, that the summons had been personally served upon the garnishee and his fees paid or tendered, issue a warrant to bring such garnishee before him.

Form of warrant and

@ervice thereof.

Service of summons, the com

mencement of suit.

Proceedings

on examina100.

Continu

ecedings.

Sec. 4. Such warrant shall command the officer forthwith to take the body of such garnishee and bring him before such justice, and shall contain a further command that such officer after he shall have arrested the garnishee, notify the plaintiff of such arrest; and such warrant shall be served and returned in the same manner as warrants issued in other cases.

Sec. 5. The personal service of a summons upon such garnishee shall be deemed the commencement of suit in the name of the plaintiff against such garnishee, which may be entered on the docket as suits in other cases.

Sec. 6. On the appearance of such garnishee before such justice, or on some other day to which the same may be adjourned, the plaintiff may proceed to examine the garnishee on oath or otherwise, as the plaintiff may elect, touching the matters alledged in the af fidavit, and the justice shall take minåtes of such examination and file the same with the other papers in the cause.

Sec. 7. Upon closing the examination, if a suit be pending and ance of pro- undetermined between the plaintiff and defendant, the cause shall be continued but it shall not be necessary to adjourn the same to any day certain.

Bummons in

Sec. 8. After the final determination of the suit against the desuch cases, fendant in the case mentioned in the preceding section, the justice shall at the request of the plaintiff, his agent or attorney, issue

to show Bause, &c.

How serv'd.

Declaration

summons against the garnishee commanding him to appear before the justice, to show cause why a judgment should not be rendered against him.

Sec. 9 Such summons shall be made returnable not less than three nor more than ten days from the date thereof, and shall be served at least two days before the time of appearance mentioned therein.

Sec. 10. In all cases where a judgment has been rendered garni- against the defendant, and also after a final determination of the suit pending against the defendant, as mentioned in section seven of

abce.

this act, and the garnishee has been duly summoned to appear and show cause, the plaintiff may declare against the garnishee for the property, moneys and effects above mentioned, in trover; or if the garnishee be indebted to the defendant for moneys had and received, or if the garnishee shall have property, moneys and effects of the de. fendant in his possession. and shall also be indebted to the defendant, the plaintiff may declare in trover, and add thereto a count for moneys had and received, and may give the special matter in evidence; and the garnishee may plead thereto, and issue may be formed and tried as if the defendant had brought such suit against the garnisheo for the matters set forth in such declaration and either party shall be entitled to an appeal or other process as in other cases.

ed discon

garnishee.

Sec. 11. If the plaintiff fail to recover judgment against the de- What dcerafendant in the cases mentioned in section seven of this act, or if the tinuance ve. defendant pay the judgment rendered in such case, or stay the execution thereon within the time, and in the manner prescribed by law, it shall in either case be deemed a discontinuance of all proceedings against the garnishee.

Sec. 12. If judgment be rendered against the garnishee, the jus. Execution tice may issue execution thereon as in other cases.

vs. garnishee.

Sec. 13. Judgments against garnishees may be stayed in the same Judgments

manner and with the like effect as in other cases.

may be stay

ed.

against gar

be paid out

and in bis

Sec. 14. If the garnishee shall, on demand, deliver to the offi- When costs cer having such execution, all the property, money and effects in his nishee may possession or under his control, belonging to the defendant, and pay of the effects all moneys found to be due from him to the defendant at the time hands." the suit was commenced against him, or so much of the money, property or effects as may be necessary to satisfy such execution, then the costs which may have accrued against such garnishee shall be paid out of the property, moneys and effects so paid over or delivered to such officer.

ficer as to

of execution

Sec. 15. The officer having such execution shall endorse all mon- Dutics of ofeys received from such garnishee, and a description of all property endorsem'nt or effects delivered to him by the garnishee; and such delivery or payment shall be deemed a delivery or payment to the defendant in such suit.

Sec. 16. Upon the return of such execution so endorsed, the Return of same shall be entered on the docket of the justice as fully as such execution

Levy and
Fate of pro-

return appears upon such execution, and such entry or a transcript thereof shall be prima facia evidence of the facts therein st.ted.

Sec. 17. Whenever the garnishee shall pay or deliver to the ofperty deliv-ficer having such execution any property which may be sold on an Garnished on exécution by existing laws, the officer shall proceed to levy upon proceedings and sell the same at public auction or vendue as in other cases, and

cred up by

execution,

thereatur.

Bank notes

if the garnishee shall deliver to such officer any notes, bills, bonds or other choses in action, the officer shall return the same to the justice to be retained in his hands for the use of the plaintiff, and the plaintiff may sue and collect the same, or so much thereof as may be necessary to pay the judgment against the defendant and the costs. The balance, if any, shall be returned to the garnishee or the defendant. All bills, bonds, notes, accounts and other choses in action received or delivered under the provisions of this section, shall be taken subject to all liens, set-offs, rights, liabilities and equities existing between the original parties thereto.

Sec. 18. If the garnishee pay to the officer having such execu as cash at tion, any bank note or bill, the same shall be paid over to the plain

to be treated

option of plaintiff.

Fffect of

Judgment vs

tiff at the par value thereof, if he will accept the same; if not it shall be sold in the same manner as other personal property.

Sec. 19. Judgments rendered against a garnishee under the pro garnishee. visions of this act, shall have the same force and effect as they would have under existing laws, if such defendant had been named aslaintiff therein.

Defendant

euit barred

Sec. 20. No suit shall be maintained or recovery had by such dein original fendant against the garnishee for the amount of money sworn, profrom action ved or admitted to be due from such garnishee to the defendant, or nishee du- for the property, or the value thereof, money or effects in the ey of garui- hands of such garnishee as aforesaid, while such proceeding is

against gar

ring penden

hee pro

ceedings.

Exception to a bar

Bills of ex change and

pending.

Sec. 21. The preceding section shall not be so construed as to prevent such defendant from prosecuting for and recovering of such garnishee any other or further sum of money due from such garnishee, or the possession, or value of any other property or effects in the hands of such garuishee, belonging to such defendant.

Sec. 22. Bills of exchange and promissory notes not due, in the Botes decla- hands of the garnishee at the time of the service of the summons shall be deemed "effects" under the provisions of this act.

red effects.

Proceeding

ney is to be.

from garni

ture time.

Sec. 23. If it shall appear upon any examination or trial had under the provisions of this act that any sum or sums of money is when inoor are owing and payable from the garnishee to the defendant at come due some future time or times, it shall be the duty of such court, after shee at a fusuch examination or the rendition of the verdict (if a trial by jury is had) and after the trial, (if the cause is tried by the court,) to note the time or times when the sum or sims of money mentioned in this section shall become due and payable, and shall thereupon continue the cause until after the time or times so noted.

such cases.

Sec. 24. After the said sum or sums of money become due and Summons to payable as mentioned in the preceding section, the justice or court shall, at the request of the plaintiff, issue a summons against the garnishee as mentioned in section eight of this act, returnable in the same time, and the same proceedings shall be had thereon, aud with the like effect as if the said sum or sums of money had been due and payable at the time of the service of the summons.

in Co courta

Sec. 25. Proceedings may be had in the county courts against Proceedings garnishees in the cases specified in the first section of this act, and the provisions herein contained shall apply to and govern the proceedings in the county courts so far as they are not inconsistent with the pleadings, practice and proceedings in said county courts. Sec. 26. Corporations may be proceeded against as garnishees Corporation in the same manner and with the like effect as individuals, under the garnishee provisions of this act, and the rules of law regulating proceedings against corporations.

subject to

process.

Sec. 27. Section thirty-six of chapter ninety-three of the re. See 38, chap vised statutes of eighteen hundred and forty-six is hereby repealed, pealed. Approved, March 28, 1849.

[ No. 138. ]

AN ACT to establish a State Normal School.

School.

Section 1. Be it enacted by the Senate and House of Represen- Norinal tatives of the State of Michigan, That a state normal school be established, the exclusive purposes of which shall be the ir. struction of persons both male and female in the art of teaching, and in all the various branches that pertain to a good common school education; also, to give instructions in the mechanic arts, and in the arts of husbandry and agricultural chemistry, in the fundamen