reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 312 of 1915 - Garage Keeper's Lien Act (570.301 - 570.310) › Section 570.306 - Proceeds of Sale; Distribution; Order of Priority; Return of Remaining Proceeds to Vehicle Owner; Disposition of Unclaimed Money.

570.306 Proceeds of sale; distribution; order of priority; return of remaining proceeds to vehicle owner; disposition of unclaimed money.
Sec. 6.
(1) After the amount of the lien under section 3 is paid to the garage keeper and the costs of the sale are deducted, any remaining money shall be paid to the following persons in this descending order of priority:
(a) A prior lienholder who gives notice to the garage keeper of his or her claim of lien before the distribution of the money realized from a sale under this act is complete.
(b) The reasonable charges of the garage keeper.
(c) The owner or owners of the vehicle as described in subsection (2).
(2) Proceeds of the sale remaining after the distribution is made under subsection (1) shall be returned to the owner of the vehicle by mailing the proceeds to the owner's last known address by certified mail. If the garage keeper cannot locate the owner within 14 calendar days after the date of the sale, the remaining money shall be transmitted to the department. If the owner does not claim the remaining money within 2 years after the date of the sale, it shall escheat to the state.
History:
Add. 1998, Act 236, Imd. Eff. July 3, 1998 ;-- Am. 2002, Act 109, Eff. July 1, 2002
Popular Name:
Garage Keeper's Lien Act
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 312 of 1915 - Garage Keeper's Lien Act (570.301 - 570.310) › Section 570.307 - Failure to Comply With Act; Action by Owner or Lienholder.

570.307 Failure to comply with act; action by owner or lienholder.
Sec. 7.
An owner or lienholder who suffers damages because of a garage keeper's failure to comply with this act may bring an action in a court of competent jurisdiction for the actual amount of the damages or $250.00, whichever is greater.
History:
Add. 1998, Act 236, Imd. Eff. July 3, 1998
Popular Name:
Garage Keeper's Lien Act
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 312 of 1915 - Garage Keeper's Lien Act (570.301 - 570.310) › Section 570.308 - Applicability of Act to Warehouse Receipt, Bill of Lading, or Other Document of Title.

570.308 Applicability of act to warehouse receipt, bill of lading, or other document of title.
Sec. 8.
This act does not apply to a vehicle for which the garage keeper issues a warehouse receipt, bill of lading, or other document of title.
History:
Add. 1998, Act 236, Imd. Eff. July 3, 1998
Popular Name:
Garage Keeper's Lien Act
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 312 of 1915 - Garage Keeper's Lien Act (570.301 - 570.310) › Section 570.309 - Other Ordinance or State Law; Effect.

570.309 Other ordinance or state law; effect.
Sec. 9.
(1) In a municipality where there is in force a law or ordinance concerning the regulation and licensing of garages, a garage keeper is not entitled to avail himself or herself of the provisions of this act unless during the entire period of time covered by the garage keeper's claim for a lien under this act, the garage keeper was duly licensed and had fully complied with all laws and ordinances relative to the licensing of garages.
(2) A garage keeper who is regulated by the motor vehicle service and repair act, 1974 PA 300, MCL 257.1301 to 257.1340, is not entitled to avail himself or herself of the provisions of this act unless he or she has been in compliance with the motor vehicle service and repair act, 1974 PA 300, MCL 257.1301 to 257.1340, as to the vehicle in question during the entire period covered by his or her claim for a lien.
(3) A garage keeper who successfully collects on a lien on a vehicle under this act shall not bring an action for or attempt to assert any other statutory or common law lien on that vehicle.
History:
Add. 1998, Act 236, Imd. Eff. July 3, 1998
Popular Name:
Garage Keeper's Lien Act
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 312 of 1915 - Garage Keeper's Lien Act (570.301 - 570.310) › Section 570.310 - False Statement; Violation as Misdemeanor; Penalty.

570.310 False statement; violation as misdemeanor; penalty.
Sec. 10.
A person, agent, or employee of a garage keeper who knowingly makes a false statement on an application for a garage keeper's lien, the documents filed by the applicant with the department in support of the application for a garage keeper's lien, or a certification required under this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or both, for the first conviction under this section, and a fine of not more than $5,000.00 or imprisonment for not more than 1 year, or both, for any subsequent conviction under this section.
History:
Add. 2002, Act 109, Eff. July 1, 2002
Popular Name:
Garage Keeper's Lien Act
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.331 - Lien for Threshing, Pressing or Hulling.

570.331 Lien for threshing, pressing or hulling.
Sec. 1.
Any owner, part owner or lessee of a hay press, threshing machine, huller or other similar machine who shall press, thresh, or hull any hay, grain, corn, beans, peas or other vegetable products for another, shall, upon the filing of the statement herein provided, have a lien for the value of such services, or in case there is an agreed price, then for such agreed price upon the hay, grain or other products so pressed, threshed or hulled; said lien to commence from the time of filing notice and making demand as hereinafter provided. Such lien shall not attach in any case where the hay, grain or other products which may have been pressed, threshed, hulled or husked, shall have passed into the hands of an innocent purchaser or dealer in the usual course of trade.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- Am. 1913, Act 92, Eff. Aug. 14, 1913 ;-- CL 1915, 14872 ;-- CL 1929, 5008 ;-- CL 1948, 570.331
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.332 - Lien for Threshing, Pressing or Hulling; Statement of Lien, Contents, Filing; Waiver.

570.332 Lien for threshing, pressing or hulling; statement of lien, contents, filing; waiver.
Sec. 2.
Any person or persons entitled to a lien under this act shall, within 20 days after the pressing, threshing or hulling is completed, file in the office of the register of deeds of the county in which the hay, grain, seed or other products were grown, or pressing, threshing or hulling was done, a statement in writing verified by oath, stating the name of the person claiming the lien, the amount, quantity and kind of hay or grain, seed or other products pressed, threshed or hulled, the amount due claimant for said services as near as may be, over and above all legal set-offs, the name of the person for whom the pressing, threshing or hulling was done, and a description of the land upon which the hay, grain, seed or other products were grown or pressing, threshing, or hulling done; such description shall be deemed sufficient if it properly identifies the premises by the name of the owner or occupant, or other description which accurately and clearly identifies the location of the property upon which such lien is claimed: Provided, That such lien shall be deemed to have been waived by the person entitled thereto, unless such statement shall be filed within the period of 20 days as aforesaid.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- Am. 1913, Act 92, Eff. Aug. 14, 1913 ;-- CL 1915, 14873 ;-- CL 1929, 5009 ;-- Am. 1939, Act 93, Eff. Sept. 29, 1939 ;-- CL 1948, 570.332
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.333 - Lien for Threshing, Pressing or Hulling; Duty of Register of Deeds, Fees.

570.333 Lien for threshing, pressing or hulling; duty of register of deeds, fees.
Sec. 3.
The register of deeds, upon presentation of such statement and notice of lien, shall file the same in his office in the same manner as provided by law for the filing of chattel mortgages; and he shall be entitled to charge and receive from the person filing such statement and notice the same fee as provided by law for filing chattel mortgages.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14874 ;-- CL 1929, 5010 ;-- Am. 1939, Act 93, Eff. Sept. 29, 1939 ;-- CL 1948, 570.333 ;-- Am. 1958, Act 72, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.334 - Lien for Threshing, Pressing or Hulling; Certified Copy as Evidence, Effect.

570.334 Lien for threshing, pressing or hulling; certified copy as evidence, effect.
Sec. 4.
A copy of any such statement and notice of lien as aforesaid, certified by the register of deeds, shall be received in evidence in any proceeding taken to enforce the lien herein provided for, but only of the fact that such statement and notice of lien was received and filed according to the endorsement of the register of deeds thereon, and of no other fact.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14875 ;-- CL 1929, 5011 ;-- Am. 1939, Act 93, Eff. Sept. 29, 1939 ;-- CL 1948, 570.334
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.335 - Suit for Recovery of Charges; Commencement; Jurisdiction.

570.335 Suit for recovery of charges; commencement; jurisdiction.
Sec. 5.
The person having such lien may commence a suit for the recovery of such charges in a court of competent jurisdiction against the person liable for the payment thereof.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14876 ;-- CL 1929, 5012 ;-- CL 1948, 570.335 ;-- Am. 1991, Act 159, Imd. Eff. Dec. 9, 1991
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.336 - Suit for Recovery of Charges; Proceedings in Case of Personal Service.

570.336 Suit for recovery of charges; proceedings in case of personal service.
Sec. 6.
If such summons be returned personally served upon the defendant, the same proceedings shall be had, in all respects, as in other suits commenced by summons, in which there is a personal service of process, and judgment shall be rendered in such suit in like manner.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14877 ;-- CL 1929, 5013 ;-- CL 1948, 570.336
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.337 - Suit for Recovery of Charges; Proceedings in Case of No Personal Service.

570.337 Suit for recovery of charges; proceedings in case of no personal service.
Sec. 7.
If the officer return upon such summons, that the defendant cannot be found within his county, the same proceedings shall be thereupon had, in all respects, as near as may be, as in suits commenced by attachment, in which there is not a personal service of a copy of the attachment upon the defendant, and judgment shall be rendered in such suit in like manner.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14878 ;-- CL 1929, 5014 ;-- CL 1948, 570.337
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.338 - Judgment; Execution.

570.338 Judgment; execution.
Sec. 8.
If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect, as upon judgments rendered in suits commenced by attachment, and the property upon which the plaintiff holds such lien, or so much thereof as shall be sufficient to satisfy such execution, may be sold thereon in the same manner as if it had been seized and held upon an attachment in such suit: Provided, That the provisions of this act shall apply only to the parties to the contract.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14879 ;-- CL 1929, 5015 ;-- CL 1948, 570.338
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 116 of 1911 - Pressing, Threshing, or Hulling Lien (570.331 - 570.339) › Section 570.339 - Violation of Act; Misdemeanor, Penalty.

570.339 Violation of act; misdemeanor, penalty.
Sec. 9.
Any person who shall thereafter upon demand, refuse to pay the amount due for such threshing or hulling, and who shall sell, secrete, or dispose of the property covered by or subject to such lien, without the written consent of the owner or owners of said lien, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding 100 dollars or imprisonment in the county jail not exceeding 90 days, or both such fine and imprisonment in the discretion of the court.
History:
1911, Act 116, Eff. Aug. 1, 1911 ;-- CL 1915, 14880 ;-- CL 1929, 5016 ;-- CL 1948, 570.339
2023 Michigan Compiled Laws › Chapter 570 - Liens › Repealed - Act 160 of 1897 - Horseshoer's Lien (570.351 - 570.363)

HORSESHOER'S LIEN
Act 160 of 1897
570.351-570.363 Repealed. 2006, Act 219, Imd. Eff. June 26, 2006.
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.371 - Short Title.

570.371 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan marina and boatyard storage lien act".
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.372 - Definitions.

570.372 Definitions.
Sec. 2.
As used in this act:
(a) "Boat" and "vessel" mean boat and vessel as those words are defined in sections 80101 and 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 and 324.80104.
(b) "Default" means the failure to pay obligations incurred for labor, repairs, maintenance services, materials, supplies, or the storage of a boat, boat motor, boat cradle, or boat trailer.
(c) "Facility" means a marina, boatyard, boat or yacht club, or marine repair facility that provides, as part of its commercial operation, for the storage or repair of boats, boat motors, boat cradles, or boat trailers.
(d) "Fair market value" means the value of the property as determined by the current issue of a nationally recognized used vessel guide at the time of the notice to the property owner and any lienholder under section 5(5)(a).
(e) "Lienholder" or "lienholder of record" means a person to whom either of the following applies:
(i) The person has filed a lien notation on the title of a boat or boat trailer.
(ii) The person claims an interest in a boat motor or boat cradle under a financing statement or other marine documentation filed with the secretary of state or under another public filing, other than a filing with a register of deeds in this state.
(f) "Person" means an individual, association, partnership, limited liability company, corporation, boat or yacht club, governmental entity, or other legal entity.
(g) "Property" means a boat, boat motor, boat cradle, or boat trailer in storage at a facility for or following service, repair, or storage.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998 ;-- Am. 2016, Act 286, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.374 - Notice of Lien.

570.374 Notice of lien.
Sec. 4.
(1) A facility owner shall notify a property owner and all prior lienholders of a lien created under this act before enforcing the lien. A property owner is notified if either of the following has occurred:
(a) The property owner has signed a written repair, service, or storage agreement that includes a notice of the lien created under this act.
(b) The facility owner has mailed written notification of the lien created under this act to the property owner and all prior lienholders or has otherwise satisfied the requirements of section 5(5)(a).
(2) A facility owner who does not have a written storage or service agreement that includes a notice of a lien created under this act on property originally left at the facility only for repairs, labor, maintenance services, or materials installation on a repair order shall not do either of the following:
(a) File a lien for service or storage fees on the property before 30 days after the notice of intent to commence service or storage fees was filed with the prior lienholder.
(b) Initiate an enforcement of lien action under section 5 until 30 days after the written notice of a lien required by subsection (1)(b) is delivered to the property owner and all prior lienholders.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998 ;-- Am. 2016, Act 286, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.376 - New Title or Registration; Issuance by Secretary of State.

570.376 New title or registration; issuance by secretary of state.
Sec. 6.
The secretary of state shall issue a new title or registration to the purchaser of a vessel or trailer at a sale conducted under section 5. If the vessel or trailer was registered in another state, the secretary of state shall notify the other state that a new title or registration has been issued.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998 ;-- Am. 2016, Act 286, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.377 - Sale of Documented Vessel; Satisfaction of Requirements.

570.377 Sale of documented vessel; satisfaction of requirements.
Sec. 7.
If a documented vessel is sold pursuant to this act, the facility owner shall satisfy the United States coast guard requirements for passage of title by operation of state law under 46 C.F.R. 67.91 that include providing all of the following:
(a) A copy of this act.
(b) An affidavit from the facility owner setting forth the grounds for selling the property and the steps taken to comply with this act.
(c) Evidence of substantial compliance with this act.
(d) A bill of sale in recordable form from the facility owner as agent for the property owner.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.378 - Termination of Lien.

570.378 Termination of lien.
Sec. 8.
A lien under this act shall terminate and a facility owner shall immediately cease enforcement of actions brought under this act if either of the following occurs:
(a) The property owner pays the facility owner the full amount necessary to satisfy the lien or other amount that is accepted by a facility owner as payment in full. At any time before the conclusion of a sale conducted under this act, the property owner may redeem the property by paying the full amount necessary to satisfy the lien or other amount that is accepted by a facility owner as payment in full.
(b) A person other than the facility owner who has a lien on the property pays the facility owner the full amount necessary to satisfy the facility owner's lien or other amount that is accepted by a facility owner as payment in full. Upon payment by a lienholder of record, the facility owner shall hold the property for the benefit of and at the direction of that lienholder and shall not deliver possession of the property to the property owner. Unless the facility owner and the lienholder enter into a new storage agreement, the lienholder shall arrange removal of the property from the facility.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 362 of 1998 - Michigan Marina and Boatyard Storage Lien Act (570.371 - 570.379) › Section 570.379 - Inconsistent Act Provisions.

570.379 Inconsistent act provisions.
Sec. 9.
If a provision of this act is inconsistent with a provision of 1915 PA 312, MCL 570.301 to 570.309, then the provision of this act shall govern.
History:
1998, Act 362, Imd. Eff. Oct. 20, 1998
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.401 - Repeal; Saving Clause.

570.401 Repeal; saving clause.
Sec. 1.
That chapter 122 of the Revised Statutes of 1846, and an act entitled "An act to amend an act to regulate proceedings in the collection of demands against ships, boats and vessels," approved April first, 1850, and an act entitled "An act to amend chapter 122 of the Revised Statutes," approved February 17, 1857, the aforesaid laws constituting chapter 149 of the Compiled Laws, be and the same are hereby repealed: Provided, That this act shall not affect any case or proceeding under the aforesaid laws commenced before the passage of this act, but every such case or proceeding may be continued to its final consummation in like manner as if this act had not been passed: And further provided, That this act shall not affect any lien which may have accrued under the aforesaid laws, and is existing at the time of the passage hereof; but every such lien shall be enforced according to the provisions of this act.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6647 ;-- How. 8235 ;-- CL 1897, 10788 ;-- CL 1915, 14891 ;-- CL 1929, 13137 ;-- CL 1948, 570.401
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.403 - Complaint; Filing, Jurisdiction of Courts in Certain Counties.

570.403 Complaint; filing, jurisdiction of courts in certain counties.
Sec. 3.
Any person claiming to have any such lien as is specified in the preceding sections may file a complaint, giving security for costs as hereinafter provided with the clerk of the circuit court of any county, setting forth, in separately numbered articles, the facts upon which such claim is based, and the amount due over and above all payments and discounts, as near as may be, which shall be verified by affidavit, in the same manner as bills in chancery: Provided, That in Wayne county such complaint shall be filed with the clerk of the recorder's court of Detroit, or the clerk of the circuit court of said Wayne county, and that said courts, and the circuit courts of the counties of Macomb, St. Clair, Monroe, Sanilac and Huron, shall exercise concurrent jurisdiction over all water-craft within the limits of either of said counties, and that process issued, as provided in the next section, from the courts of either of said counties, may be served in the waters of either of said counties by the sheriff of either; and that the circuit courts of the counties of Saginaw and Bay shall exercise concurrent jurisdiction over all water-craft within the limits of either county, and that process issued from either of said last named courts may be served in the waters of either county, by the sheriff of either. The circuit court of the counties of Kent and Ottawa shall in like manner exercise concurrent jurisdiction over all water-craft within the limits of either county, and the circuit courts of the counties of Muskegon and Newaygo shall exercise concurrent jurisdiction over all water-craft within the limits of either county, and process issued from either of said courts exercising such concurrent jurisdiction may be served in the waters of either county by the sheriff of either.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6649 ;-- How. 8237 ;-- CL 1897, 10790 ;-- CL 1915, 14893 ;-- CL 1929, 13139 ;-- CL 1948, 570.403
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.404 - Warrant, Summons; Issuance, Contents, Return Date.

570.404 Warrant, summons; issuance, contents, return date.
Sec. 4.
Upon filing such complaint, the clerk shall enter the same in a separate calendar to be kept for that purpose, and shall issue a warrant to the sheriff of the county, under the seal of the court, and returnable in not less than 14 nor more than 30 days from its date, containing a brief statement of the claim filed, commanding him to seize and safely keep such water-craft, her tackle, apparel and furniture, to answer all such liens as shall be established against it according to law, and to make return of his proceedings under such warrant within 10 days after seizure; and the clerk shall also issue a summons to the owner or master of such craft, containing a similar statement, and returnable as aforesaid at the same time as the warrant, which said warrant and summons shall be served at least 14 days before the return day thereof.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6650 ;-- How. 8238 ;-- CL 1897, 10791 ;-- CL 1915, 14894 ;-- CL 1929, 13140 ;-- CL 1948, 570.404
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.405 - Warrant; Execution by Sheriff.

570.405 Warrant; execution by sheriff.
Sec. 5.
The sheriff to whom such warrant shall be directed and delivered shall forthwith execute the same, and shall keep the water-craft, and other property seized by him to be disposed of as hereinafter provided.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6651 ;-- How. 8239 ;-- CL 1897, 10792 ;-- CL 1915, 14895 ;-- CL 1929, 13141 ;-- CL 1948, 570.405
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.406 - Warrant; Return.

570.406 Warrant; return.
Sec. 6.
Such sheriff shall also, within 10 days after such seizure, make a return to the court who issued the warrant, stating therein, particularly, his doings in the premises, and shall make out, subscribe and annex thereto a just and true inventory of all the property so seized.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6652 ;-- How. 8240 ;-- CL 1897, 10793 ;-- CL 1915, 14896 ;-- CL 1929, 13142 ;-- CL 1948, 570.406
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.407 - Warrant; Number Against Same Craft, Limitation.

570.407 Warrant; number against same craft, limitation.
Sec. 7.
Whenever any such warrant shall be issued, no other warrant shall issue against the said water-craft unless the first warrant be suspended.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6653 ;-- How. 8241 ;-- CL 1897, 10794 ;-- CL 1915, 14897 ;-- CL 1929, 13143 ;-- CL 1948, 570.407
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.408 - Notice on Return of Warrant; Publication.

570.408 Notice on return of warrant; publication.
Sec. 8.
Upon return being made to such warrant, unless the vessel has been bonded, as hereinafter provided, the clerk shall immediately cause the notice hereinafter specified, to be published in some daily or weekly newspaper printed in the county in which the warrant shall have been issued, and if there be none printed in such county, then in some other newspaper; said newspaper in which said notice is to be printed, in all cases, to be designated by a general order to be made by the court, specifying the number of insertions, and the time thereof, to be not less than 14 days.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6654 ;-- How. 8242 ;-- CL 1897, 10795 ;-- CL 1915, 14898 ;-- CL 1929, 13144 ;-- CL 1948, 570.408
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.409 - Warrant; Contents.

570.409 Warrant; contents.
Sec. 9.
Such notice shall contain the names of the complainant, of the water-craft, the port to which she belongs, if known, and a brief statement of the alleged claim, with amounts, and a citation to all persons to intervene for their interest, on a day certain, or that said claim will be heard ex parte.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6655 ;-- How. 8243 ;-- CL 1897, 10796 ;-- CL 1915, 14899 ;-- CL 1929, 13145 ;-- CL 1948, 570.409
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.410 - Intervening Complaints; Rights, Summons.

570.410 Intervening complaints; rights, summons.
Sec. 10.
Any person having any interest in, or claim against the water-craft seized may intervene to protect such interest or collect such claim by filing a complaint as hereinbefore provided, entitled an intervening complaint and the complainant or any other person interested may defend any complaint by filing an answer as hereinafter provided, and giving security to the satisfaction of the court to pay any costs arising from such defense; and upon filing any such intervening complaint a summons as hereinbefore provided shall issue; and if the same shall be returned not served, notice by publication shall be given as aforesaid; and several intervening complaints may be united with each other or the original in 1 notice, providing that due filing of 1 intervening complaint shall be deemed the commencement of a separate suit, except that but 1 entry fee need be paid.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6656 ;-- How. 8244 ;-- CL 1897, 10797 ;-- CL 1915, 14900 ;-- CL 1929, 13146 ;-- CL 1948, 570.410
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.411 - Intervening Complaints; Time for Filing.

570.411 Intervening complaints; time for filing.
Sec. 11.
Intervening complaints may be filed at any time before the sale of the water-craft, as hereinafter provided; and after sale under judgment or decree, any intervening complainant may file his complaint against any surplus proceeds remaining in court after payment of claims filed before sale, and the costs thereon; and the same proceedings shall thereupon be had as in the case of claims filed before sale.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6657 ;-- How. 8245 ;-- CL 1897, 10798 ;-- CL 1915, 14901 ;-- CL 1929, 13147 ;-- CL 1948, 570.411
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.412 - Liens Not Filed Before Sale; Cessation.

570.412 Liens not filed before sale; cessation.
Sec. 12.
All liens upon any water-craft, which shall not be filed hereunder, before sale under decree or judgment, as hereinafter provided, shall cease.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6658 ;-- How. 8246 ;-- CL 1897, 10799 ;-- CL 1915, 14902 ;-- CL 1929, 13148 ;-- CL 1948, 570.412
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.413 - Writ of Restitution; Application, Issuance.

570.413 Writ of restitution; application, issuance.
Sec. 13.
The master or any person interested in such water-craft, so seized as aforesaid may at any time before judgment or decree of sale shall be made as hereinafter provided, apply to the clerk issuing the warrant for a writ of restitution. Said writ shall command the sheriff or other person holding the same to restore such water-craft to the person in whose possession the same was found when seized or his authorized agent and may be served by any person.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6659 ;-- How. 8247 ;-- CL 1897, 10800 ;-- CL 1915, 14903 ;-- CL 1929, 13149 ;-- CL 1948, 570.413
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.414 - Bond on Restitution; Conditions, Sureties.

570.414 Bond on restitution; conditions, sureties.
Sec. 14.
Such person shall execute and file with the clerk a bond to the parties having previously filed complaints, in a penalty at least double the aggregate of the sums alleged to be due in all such complaints previously filed: Provided, That upon good cause shown by affidavit, the court, or the judge thereof, may, by special order, upon application and like notice as below specified, fix the amount of the penalty at a less sum, and in no case less than 100 dollars, with such surety or sureties as shall be approved by the clerk, as hereinafter provided, conditioned, after a recital of the names of the complainants, and the amount of their claims, that the obligors will pay all moneys adjudged or decreed to be due upon such claims, by the court entertaining the same, or the appellate court, with all costs, and that the judgment or decree of either court may be entered against them for the payment of such moneys, with interest and costs, and that execution may issue against them therefor, in the forms now in use in the circuit courts of this state in personal actions.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6660 ;-- How. 8248 ;-- CL 1897, 10801 ;-- CL 1915, 14904 ;-- CL 1929, 13150 ;-- CL 1948, 570.414
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.415 - Bond on Restitution; Notice of Application; Sureties, Justification and Examination.

570.415 Bond on restitution; notice of application; sureties, justification and examination.
Sec. 15.
Upon application to the clerk to bond, as aforesaid, notice thereof shall be given to the attorney of the complainants, of at least 3 hours if the attorney reside in the same city or village with the clerk, and if not, the notice shall be of 24 hours, exclusive of Sundays and holidays, in addition to the ordinary time of travel between the residence of the clerk and such attorney; and the surety or sureties offered shall justify their responsibility to the satisfaction of the clerk; and such attorney may examine the surety or sureties, under oath, touching their property and liabilities; and it shall be the duty of the clerk, if requested by such attorney, to reduce such examination to writing, and cause the same to be subscribed by the persons examined, and filed.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6661 ;-- How. 8249 ;-- CL 1897, 10802 ;-- CL 1915, 14905 ;-- CL 1929, 13151 ;-- CL 1948, 570.415
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.416 - Motion for Additional Security.

570.416 Motion for additional security.
Sec. 16.
If such complainant shall at any time become satisfied that his security has become imperiled, he may by motion founded upon affidavit filed, and upon notice served with copy of papers, move the court or judge thereof to direct the giving of additional security, which motion shall be summarily heard and determined, and such order made therein as justice shall require.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6662 ;-- How. 8250 ;-- CL 1897, 10803 ;-- CL 1915, 14906 ;-- CL 1929, 13152 ;-- CL 1948, 570.416
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.417 - Order of Appraisement; Issuance of Writ of Restitution; Court Order for Sale to Prevent Loss.

570.417 Order of appraisement; issuance of writ of restitution; court order for sale to prevent loss.
Sec. 17.
If any party in interest so elect, in place of bonding as aforesaid, he may apply to the court or judge thereof upon like notice as aforesaid, for an order of appraisement of such water-craft so seized, by 3 competent persons to be appointed by the court or judge thereof, and named in the order; and upon such party depositing with the clerk the amount of such appraisement in money, or executing and filing with him a bond for said amount, executed as heretofore provided in sections 13 and 14, it shall be the duty of the clerk to issue a writ of restitution as provided in the next section; and if the claimant of such water-craft shall decline any such application, or the property seized shall be liable to decay, depreciation, or injury from delay, the court in its discretion, may order the same or part thereof to be sold, and the proceeds thereof to be brought into court to abide the event of the suit.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6663 ;-- How. 8251 ;-- CL 1897, 10804 ;-- CL 1915, 14907 ;-- CL 1929, 13153 ;-- CL 1948, 570.417
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.418 - Writ of Restitution; Issuance by Clerk Upon Receipt of Security, Discharge From Lien.

570.418 Writ of restitution; issuance by clerk upon receipt of security, discharge from lien.
Sec. 18.
Upon receiving a bond or deposit as aforesaid, it shall be the duty of the clerk to issue a writ of restitution, directing the person who seized the water-craft to deliver the same to the person from whose possession the same was taken and seized; and the said water-craft shall thenceforth be discharged from all the liens secured by such bond or deposit, unless the court or judge thereof, upon motion as aforesaid, shall order the same again into custody by special writ, on account of the insolvency of the surety or sureties.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6664 ;-- How. 8252 ;-- CL 1897, 10805 ;-- CL 1915, 14908 ;-- CL 1929, 13154 ;-- CL 1948, 570.418
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.419 - Entry of Appearance; Notice, Default.

570.419 Entry of appearance; notice, default.
Sec. 19.
Within 14 days after the return day of the summons, if personally served, or if not served then within the time prescribed in the published notice, the owner or any person interested adversely to the claims mentioned in the notice, may enter an appearance by attorney, in the book of common rules, with an order that a copy of the complaint be served upon him, and serve notice of such appearance and order upon the attorney filing the complaint, who shall serve a copy thereof as required, within 10 days thereafter, or the default of the complainant (or intervenor) may be duly entered in said book, made absolute, and judgment of discontinuance entered as in personal actions.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6665 ;-- How. 8253 ;-- CL 1897, 10806 ;-- CL 1915, 14909 ;-- CL 1929, 13155 ;-- CL 1948, 570.419
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.420 - Answer or Demurrer; Time for Filing, Effect of Answer.

570.420 Answer or demurrer; time for filing, effect of answer.
Sec. 20.
Within 10 days after service of a copy of complaint unless on cause shown, further time shall be allowed by the circuit judge, or circuit court commissioner of the proper county, the party defending shall demur or file his answer upon oath or affirmation or his default may be entered and judgment rendered against him as upon similar actions. The answer shall be full and distinct to each article and allegation of the complaint, but such answer shall not have the effect of a sworn answer in chancery as evidence, nor shall it be necessary to answer any allegation or interrogatory (as provided in the next section) involving a liability to prosecution or punishment, or for a penalty or forfeiture.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6666 ;-- How. 8254 ;-- CL 1897, 10807 ;-- CL 1915, 14910 ;-- CL 1929, 13156 ;-- CL 1948, 570.420
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.421 - Interrogation; Appended to Pleadings, Filing; Answer.

570.421 Interrogation; appended to pleadings, filing; answer.
Sec. 21.
Any party complaining or defending may append to the complaint or answer, as the case may be, any pertinent interrogatories, or upon such motion or notice the court may permit such interrogatories to be filed at any other time; and the personal answer to all such interrogatories shall be filed upon oath within the same time that pleadings are required to be filed, or as required by special order; and such answers so far as responsive, may be read as evidence by either party on the trial or hearing; and if either party shall refuse to answer to such interrogatories, the court shall make such order as to right shall appertain.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6667 ;-- How. 8255 ;-- CL 1897, 10808 ;-- CL 1915, 14911 ;-- CL 1929, 13157 ;-- CL 1948, 570.421
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.422 - Pleadings Subsequent to Answer; Amended Complaint.

570.422 Pleadings subsequent to answer; amended complaint.
Sec. 22.
There shall be no pleadings subsequent to the answer, but within 10 days after filing and service of answer, or demurrer, the complainant or intervenor, may file and serve an amended complaint, to which answer or demurrer shall be filed, as hereinbefore provided in case of original complaints.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6668 ;-- How. 8256 ;-- CL 1897, 10809 ;-- CL 1915, 14912 ;-- CL 1929, 13158 ;-- CL 1948, 570.422
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.423 - Exceptions to Answer.

570.423 Exceptions to answer.
Sec. 23.
Complainant, or intervenor, may except to the answer, and either party may except to answer to interrogatories, for irrelevancy, or want of fullness, distinctness, and such exceptions may be noticed for hearing in term, or at chambers.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6669 ;-- How. 8257 ;-- CL 1897, 10810 ;-- CL 1915, 14913 ;-- CL 1929, 13159 ;-- CL 1948, 570.423
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.424 - Trial or Hearing; Notice.

570.424 Trial or hearing; notice.
Sec. 24.
Notice of trial or hearing may be for any day in term, and shall be of 10 days, exclusive of both day of service and the day for which the notice is given; and it shall be the duty of the clerk to prepare a separate docket of all such cases noticed, of which a note of issue has been filed within the time required for notices of trial.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6670 ;-- How. 8258 ;-- CL 1897, 10811 ;-- CL 1915, 14914 ;-- CL 1929, 13160 ;-- CL 1948, 570.424
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.425 - Trial or Hearing; Jury Trial, Demand.

570.425 Trial or hearing; jury trial, demand.
Sec. 25.
The trial or hearing shall be by the court without a jury, unless a jury be demanded by either party, by filing the demand 5 days before the time for which notice shall have been given, and serving a notice of such demand upon the adverse party.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6671 ;-- How. 8259 ;-- CL 1897, 10812 ;-- CL 1915, 14915 ;-- CL 1929, 13161 ;-- CL 1948, 570.425
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.426 - Evidence; Taking by Attorney or Commissioner, Report to Court.

570.426 Evidence; taking by attorney or commissioner, report to court.
Sec. 26.
The court may, by special order, refer any matter arising in the progress of the cause, to any attorney or circuit court commissioner, to take evidence, and report the same to the court, with his opinion thereon, with all convenient speed, but said opinion shall not be binding on the court.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6672 ;-- How. 8260 ;-- CL 1897, 10813 ;-- CL 1915, 14916 ;-- CL 1929, 13162 ;-- CL 1948, 570.426
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.427 - Admiralty Principles; Applicability.

570.427 Admiralty principles; applicability.
Sec. 27.
All cases of general average, salvage and collision, and all cases relating to sailors' wages, or to the employment of seamen, arising under this act, shall be determined, upon the trial or hearing, and upon appeal, according to the principles established in courts of admiralty and maritime jurisdiction in such cases.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1867, Act 82, Eff. June 27, 1867 ;-- CL 1871, 6673 ;-- How. 8261 ;-- CL 1897, 10814 ;-- CL 1915, 14917 ;-- CL 1929, 13163 ;-- CL 1948, 570.427
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.428 - Judgment for Complainant; in Personna.

570.428 Judgment for complainant; in personna.
Sec. 28.
If, upon the trial or hearing, judgment or decree shall pass for complainant, and the water-craft has been discharged from custody, as herein provided, said judgment or decree shall be rendered and entered against the principal and sureties in the bond: Provided, That in no case shall the judgment exceed the penalty of the bond, and the subsequent proceedings shall be the same as now provided by law in personal actions in the circuit courts: Provided further, That if the release has been upon deposit, the judgment shall be in form against the party making the deposit, with a clause that it be satisfied out of said deposit, and said party shall not be personally liable upon said judgment.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6674 ;-- How. 8262 ;-- CL 1897, 10815 ;-- CL 1915, 14918 ;-- CL 1929, 13164 ;-- CL 1948, 570.428
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.429 - Judgment for Complainant; in Rem.

570.429 Judgment for complainant; in rem.
Sec. 29.
In case the water-craft has not been discharged from custody, the judgment or decree shall be in form against the water-craft, with an additional order that the same, with the appurtenances, be sold at public vendue by the sheriff, after notice of the time and place of said sale, published as herein required in cases of seizure, at least 10 days before such sale. Provided, That, in case of complaint filed prior to sale, but not in judgment at the time thereof, the judgment or decree shall be the same in form with a clause for payment out of the proceeds of sale; and in case of claims filed against surplus proceeds, the judgment, if in favor of claimant, shall in substance, affirm the claim to be sustained and direct payment thereof from the surplus proceeds.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1867, Act 82, Eff. June 27, 1867 ;-- CL 1871, 6675 ;-- How. 8263 ;-- CL 1897, 10816 ;-- CL 1915, 14919 ;-- CL 1929, 13165 ;-- CL 1948, 570.429
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.430 - Sale of Craft; Writ.

570.430 Sale of craft; writ.
Sec. 30.
The clerk shall thereupon issue a writ of sale commanding the sheriff to sell such water-craft as directed in the judgment or decree, and to return said writ within 24 hours after sale, with his doings in the premises, and with proof by affidavit of the requisite notice, with a copy of such notice.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6676 ;-- How. 8264 ;-- CL 1897, 10817 ;-- CL 1915, 14920 ;-- CL 1929, 13166 ;-- CL 1948, 570.430