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time file its assent in writing to the provisions of this act, in the of: fice of the secretary of stale.
Sec. 17. The legislature may at any time, alter, amend or repeal this act.
Approved March 28, 1849.
[ No. 137. ] CAN ACT to authorize proceedings against Garnishoes and for
Section 1. Be il enacted by the Senate and House of Representa. In what ca tives of the State of Michigan, That in any action commenced be. she procese 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 mako 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 effecis in his hands or under his control, belonging to the defendant in such suit, jidgınent or decree, or that such per. son is indebted to such des ndant, 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 iwelve days from the date thereof, and answer under oath, all questions put to him touching his indebtedness to such de. fendant, and the property, money and eflects of the defendant in his possession, within his knowledge, or under his control; which suh procres summons shall be served and returned in the same manner as a sum- garnishee mions issued against a defendant in other cas?s. The garnishee shall be entitled to the same sees as he would be, if he were subpoenaed as a witness in such cause. Sec. 2. The person summor.ed as garnishee, from the time of the Liability of
garnisbee service of such summons, shall be deemed liable to the plaintiffin such suit, to the ainount of the properly, money and effects in his hands or possession, or under his control, or due from him, to the defendant in such suit: Prorided, That when the defendant is a householder having a family, nothing herein con ained shall be applicable to any indehledness of such guarnishee to the defendant for the personal labor of such delendant, or his family, for any amount not exceeding the sum of twenty-five dollars.
When war raut may isque against
Form or warrant and Gervice thereof.
dummons, the coin mencement of suit.
or on jon.
Sec. 3. If such garnishee neglect or resuse to appear at the time
and place mentioned in such summons, and answer as aforesaid, arulabee. the justice shall continue the cause lo 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 hiin.
Sec. 4. Such warrant shall command the officer forth with to take the body of such garnishee and bring him before s'ich justice, and shall contain a further command that sich officer alier he shall have arres'ed the garnishee, notify the plaio:iff of such arrest; and such warrant shall be served and returned in the same manner as
warranis issued in other cases. service of Sec. 55. The personal service of a s'immons upon such garnishee
shall be deemned 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. Proceedings
Sec. 6. On the appearance of such garnishee before such justice,
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 affidavit, 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, ihe cause shall be ecedings.
continued but it shall not be necessary to adjourn the same to any day certain
Sec. 8. After the final determination of the suit against the deeueno cases, fendant in the case mentioned in the preceding section, the justico
shall at the request of the plaintiff, his agent or attorney, issue a summons against the garnishee commanding him to : ppear 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 mor 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 . garnic against the defendant, and also after a final determination of the
suit pending against the defendant, as mentioned in section seven of
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 indebled 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 indebied 10 the defendant, the plainviff may declare in trover, and add therelo 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 formod 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.
Sec. 11. If the plaintiff fail to recover judgment against the de- Whar dcerafendant in the cases mentioned in section seven of this act, or if the tinuance ve.
garnishee. 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. Exccution tice may issue execution thereon as in other cases. Sec. 13. Judgments againsi garnishees may be stayed in the same
may be stay manner and with the like effect as in other cases. .
Sec. 14. If the garnishee shail, on demand, deliver to the offi- When costs cor having such execution, all the properly, money and effects in his nisice inay 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 bande! 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 de livered to such officer.
Sec. 15. The officer having such execution shall endorse all mon. Dutica ororeys received from such garnishee, and a description of all property endorsein'nt
of execution or effects delivered to hiin 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
and in his
Fale of pro
return appears upon such execution, and such entry or a transcrip!
thereof shall be prima facia evidence of the facts therein slied. Levy and Sec. 17. Whenever the garnishoe shall pay or deliver 10 the ofperty deliv- ficer having such execution any property which may be sold on an Sarnished on execution by existing laws, the officer shall proceed to lery upon proceedings and sell the same at public auction or vendue as in other cases, and
is the garnishee shall deliver to such officer any noies, bi'ls, 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 sun and collect the same, or so much thereof as may be necessary 10 pay the judgment against the defendant and the costs. The balance, if any, shall be returned 10 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 sulject to all liens, set-offs, righes, liabilities and equities existing between the original partie: thereto.
Sec. 18. If the garnishee pay to the officer having such execu. w he treated As casin at tion, any bank noie or bill, ihe same shall be paid over to the plainplaintifi. tiff at the par value thereof, if lie will accept the same; if notit
shall be sold in the same manner as other personal property.
Sec. 19. Judgments rendered against a garuishee under the pro garnishce. risions of this act, shill have the same force and effect as they
would have under existing laws, il' such desendanı had been named as, lnintiff iberein.
Sec. 20. No suit shali be raintained or recovery had by such detuo hatred sendant against the garnishee for the amount of money sworn, protromosclior ved or admitted to be due from such gurnishee to the deiendant, o?
for the property, or the value thereof, money or esfecis in the et sarni bands of such garnishee as aforesaid, while such proceeding is
pending Exception to Sec. 21. The preceding section shall not be so construed as to
prevent such defendant froin prosecu:ing for and recovering of such garnishee any other or lurther sum of money due sro:n such garnishee, or the possession, or value of any other properiv or effecis in the hands of such garuishee, belonging to such defendant.
Sec. 22. Bills of exchange and promissory notes not due, in the change and
hands of the garnishee at the time of the service of the summone shall be deemed "effects” under the provisions of this act.
Eirector Judgment vs
nishee diiring Denden
Bills of ex
soles decla. red effecte.
Sec. 23. If it shall appear upon any examination or trial had
Proceeding 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 coine due some future time or times, it shall be the duiy of such cour:, alter stice ai a fusuch examination or the rendition of the verdict (if a trial by jury is had) and alter the trial, (if the cause is tried by the court,) to nore 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.
Sec. 24. After the said sum or sums of money become due and Suminons in 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, and with the like efect as if the said sum or sums of money had been due and payable at the time of the service of the summons.
Sec. 25. Proceedings may be had in the county courts against Proceedings garnishees in the cases specified in the first secti:n of this inci, and the provisions herein contained shall apply to and govern the proceedings in the county couris 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 saine manner and with the like effect as individuals, under the garnishee provisions of this act, and the rules of law regulating proceedings against corporations.
Sec. 27. Section thirty-six of chapter ninety-three of the re- fec:38, chap vised statuies of eighteen hundred and forty-six is hereby repealed. pealeu.
Approved, March 28, 1849.
iu Co courts
No. 138. ]
Section 1. Be it enacted by the Senate and House of Represen- Normal 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 boih 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