reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4027 - Writ of Garnishment; Filing; Additional Garnishee Defendants; Actions.

600.4027 Writ of garnishment; filing; additional garnishee defendants; actions.
Sec. 4027.
(1) If after a hearing officer orders the payment of a civil fine or costs under section 4q of the home rule city act, 1909 PA 279, MCL 117.4q, the defendant does not appeal the order within the time allowed under section 4q(17) of the home rule city act, 1909 PA 279, MCL 117.4q, and if the city has not obtained a lien under section 4r of the home rule city act, 1909 PA 279, MCL 117.4r, for the fine or costs, the city may file an action for a writ of garnishment in the appropriate court. The initial papers filed with the court shall include a properly authenticated copy of the applicable order.
(2) A court in which an action is filed under this section shall, immediately after the action is filed, issue a writ of garnishment. A writ of garnishment issued under this section serves in lieu of a summons and complaint in the action, and the time for the defendant and an initial garnishee defendant to respond is the same as for a response under statutes and court rules applicable to other garnishments.
(3) An action under this section may name more than 1 initial garnishee defendant. After the issuance of an initial writ of garnishment in an action under this section, the city may, without leave of court, obtain subsequent writs of garnishment against the same or additional garnishee defendants.
(4) A defendant or garnishee defendant in an action under this section may not raise in the action any issue that could have been appealed under section 4q(17) of the home rule city act, 1909 PA 279, MCL 117.4q.
(5) Except as provided in this section and in any rules adopted by the supreme court to apply to actions under this section, an action under this section shall proceed according to the statutes and court rules applicable to other garnishment actions.
History:
Add. 2013, Act 191, Eff. Mar. 14, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4031 - Exemptions; Attachment and Garnishment; Partial Exemptions.

600.4031 Exemptions; attachment and garnishment; partial exemptions.
Sec. 4031.
(1) The provisions of the statutes relating to exemptions from execution, and the manner of levying upon property belonging to a class or species in which exemptions are by law allowed, shall be applicable to the application of property and obligations to claims by attachment and garnishment.
(2) In any garnishment proceeding where the indebtedness of the garnishee to the principal defendant is money owed to the principal defendant on account of
(a) the sale to the garnishee of milk or cream or both produced on the farm or farms of the principal defendant, the garnishee's liability to the plaintiff is limited to 40% of such money;
(b) personal labor performed by the principal defendant or his family, the garnishee's liability to the plaintiff is limited by the exemptions allowed under section 7511.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4035 - Attachment; Effect; Personalty; Realty.

600.4035 Attachment; effect; personalty; realty.
Sec. 4035.
An attachment shall bind goods and chattels from the time they were attached. An attachment of realty or any right or interest therein shall constitute a lien thereon, effective from the time when a certified copy of the attachment including a description of the realty shall be deposited in the office of the register of deeds in the county where the realty is situated.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4041 - Attachment on Realty; Discharge.

600.4041 Attachment on realty; discharge.
Sec. 4041.
Any attachment on realty or any right or interest therein shall be discharged upon the record thereof by the register of deeds whenever there shall be presented to him a certificate executed by the sheriff, and approved by the plaintiff, his personal representatives or assigns, or his attorney of record in said cause, duly acknowledged; specifying that the attachment has been removed or otherwise satisfied or discharged; or upon the presentation to the register of deeds of the certificate of the circuit court for the county, signed by the sheriff and the clerk of the court and seal thereof, certifying that it has been made to appear to the court that the attachment has been duly removed or otherwise settled.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1965, Act 284, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4045 - Attachment or Garnishment; Dissolution by Bond.

600.4045 Attachment or garnishment; dissolution by bond.
Sec. 4045.
In every case where property is attached or garnishment is served, the attachment or garnishment may be dissolved by the posting of a bond in accordance with the rules of the supreme court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4051 - False Answer by Garnishee or Agent; Civil Liability.

600.4051 False answer by garnishee or agent; civil liability.
Sec. 4051.
Any person summoned as a garnishee or any officer, agent, or other person who appears and answers for a corporation summoned as a garnishee, who knowingly and wilfully answers falsely upon his disclosure or examination on oath is liable to the plaintiff in garnishment, or to his executors or administrators, to pay out of his own goods and estate the full amount due on the judgment recovered with interest, to be recovered in a civil action.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4065 - Evidence in Criminal Proceedings; Disclosure.

600.4065 Evidence in criminal proceedings; disclosure.
Sec. 4065.
No disclosure made under the provisions of the garnishment statutes or rules shall be used in evidence upon a criminal prosecution except upon a prosecution of the garnishee for perjury in making his disclosure.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4301 - Habeas Corpus; Provisions of Chapter; Applicability.

600.4301 Habeas corpus; provisions of chapter; applicability.
Sec. 4301.
The provisions of sections 4301 to 4379 shall be construed to apply to every writ of habeas corpus authorized to be issued under any statute of this state, insofar as they are consistent with the statute granting the right to habeas corpus.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4304 - Habeas Corpus; Power to Issue Writ.

600.4304 Habeas corpus; power to issue writ.
Sec. 4304.
The writ of habeas corpus to inquire into the cause of detention, or an order to show cause why the writ should not issue, may be issued by the following:
(1) The supreme court, or a justice thereof.
(2) The court of appeals, or a judge thereof.
(3) The circuit courts, or a judge thereof.
(4) The municipal courts of record, including but not limited to the recorder's court of the city of Detroit, common pleas court, or a judge thereof.
(5) The district courts, or a judge thereof.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1967, Act 65, Imd. Eff. June 20, 1967 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4307 - Habeas Corpus; Right to Bring Action.

600.4307 Habeas corpus; right to bring action.
Sec. 4307.
An action for habeas corpus to inquire into the cause of detention may be brought by or on the behalf of any person restrained of his liberty within this state under any pretense whatsoever, except as specified in section 4310.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4310 - Habeas Corpus; Persons Not Entitled to Writ.

600.4310 Habeas corpus; persons not entitled to writ.
Sec. 4310.
An action for habeas corpus to inquire into the cause of detention may not be brought by or on behalf of the following persons:
(1) Persons detained by virtue of any process issued by any court of the United States, or any judge thereof, in cases where such courts or judges have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts;
(2) Persons committed for treason or felony, or for suspicion thereof, or as accessories before the fact to a felony, where the cause is plainly and specially expressed in the warrant of commitment;
(3) Persons convicted, or in execution, upon legal process, civil or criminal;
(4) Persons committed on original process in any civil action on which they were liable to be arrested and imprisoned, unless excessive and unreasonable bail is required.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4313 - Habeas Corpus; Refusal to Consider; Malfeasance of Judge.

600.4313 Habeas corpus; refusal to consider; malfeasance of judge.
Sec. 4313.
Any judge who wilfully or corruptly refuses or neglects to consider an application, action, or motion for habeas corpus, is guilty of malfeasance in office.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4316 - Habeas Corpus; Granting of Writ.

600.4316 Habeas corpus; granting of writ.
Sec. 4316.
Any court or judge empowered to grant the writ of habeas corpus shall, upon proper application, grant the preliminary writ (or an order to show cause) without delay, unless the party applying therefor is not entitled to the writ.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4319 - Habeas Corpus; Custody of Child.

600.4319 Habeas corpus; custody of child.
Sec. 4319.
If the action for habeas corpus is brought by a parent, foster-parent, or other relative of the child, to obtain custody of a child under the age of 16 years from a parent, foster-parent, or other relative of the child, issuance of the writ of habeas corpus is not mandatory.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4322 - Habeas Corpus; “Prisoner” Defined.

600.4322 Habeas corpus; “prisoner” defined.
Sec. 4322.
The term "prisoner", as used in connection with habeas corpus, means the person on whose behalf the writ is issued, such as an inmate of a penal or mental institution, the child whose custody is sought, and other persons alleged to be restrained of their liberty.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4325 - Habeas Corpus; Person Served; Duty to Bring Body of Prisoner.

600.4325 Habeas corpus; person served; duty to bring body of prisoner.
Sec. 4325.
If a writ of habeas corpus is issued, the person on whom it is served shall bring the body of the person in his custody according to the command of the writ, except as provided in section 4328.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4328 - Habeas Corpus; Sickness or Infirmity of Prisoner.

600.4328 Habeas corpus; sickness or infirmity of prisoner.
Sec. 4328.
If, from the sickness or infirmity of the prisoner directed to be produced by any writ of habeas corpus, the prisoner cannot, without danger, be brought before the court or judge, the party having custody of the prisoner may state that fact in his answer. The court or judge, if satisfied of the truth of the allegation, and if the answer is otherwise sufficient, shall proceed to dispose of the matter on the record.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4331 - Habeas Corpus; Refusal or Neglect to Obey; Arrest; Close Custody; Proceeding Against Sheriff; Prisoner to Be Brought Before Court; Power of County.

600.4331 Habeas corpus; refusal or neglect to obey; arrest; close custody; proceeding against sheriff; prisoner to be brought before court; power of county.
Sec. 4331.
(1) If the person upon whom the writ of habeas corpus was duly served refuses or neglects to obey the writ without sufficient excuse, the court or judge before whom the writ was to be answered, upon due proof of the service thereof, shall direct the arrest of such person.
(2) The sheriff of any county within this state, or other officer, who is directed to make the arrest, shall apprehend such person, and bring him before the court or judge. The person shall be committed to close custody in the jail of the county in which the court or judge is, without being allowed the liberties thereof, until the person complies with the writ.
(3) If the person ordered arrested is the sheriff of any county, the order may be directed to any coroner or other person, to be designated therein, who has thereby full power to arrest the sheriff. Such sheriff upon being brought up may be committed to the jail of any county other than his own.
(4) The person directed to make the arrest shall also bring the prisoner named in the writ of habeas corpus before the court or judge which issued the writ.
(5) In making the arrest the sheriff or other person so directed may call to his aid the power of the county as in other cases.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4334 - Arrest in Support of Writ.

600.4334 Arrest in support of writ.
Sec. 4334.
If any person attempts wrongfully to carry the prisoner out of the county or state after service of a writ of habeas corpus or order to show cause, the person serving the writ or order to show cause, or other officer, shall arrest the person so resisting, and bring him together with the prisoner before the court or judge issuing the writ or order to show cause.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4337 - Warrant for Prisoner in Lieu of Habeas Corpus; Issuance.

600.4337 Warrant for prisoner in lieu of habeas corpus; issuance.
Sec. 4337.
Whenever it appears by satisfactory proof, that anyone is held in illegal confinement or custody, and that there is good reason to believe that he will be carried out of the state, or suffer some irreparable injury, before he can be relieved by the issuing of a writ of habeas corpus, any court or judge authorized to issue such writs may issue a warrant, reciting the facts, and directed to any sheriff, constable or other person, and commanding the officer or person to take the prisoner, and forthwith to bring him before the court or judge, to be dealt with according to law.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4340 - Arrest of Person Having Custody of Prisoner; Warrant.

600.4340 Arrest of person having custody of prisoner; warrant.
Sec. 4340.
When the proof mentioned in section 4337 is sufficient to justify an arrest of the person having the prisoner in his custody, as for a criminal offense committed in the taking or detaining of the prisoner, the warrant shall also contain an order for the arrest of such person for that offense.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4343 - Arrest of Person Having Custody of Prisoner; Execution of Warrant.

600.4343 Arrest of person having custody of prisoner; execution of warrant.
Sec. 4343.
Any officer or person to whom the warrant is directed shall execute the warrant by bringing the prisoner therein named, and the person who detains him, if so commanded by the warrant, before the court or judge issuing the warrant. The person detaining the prisoner shall make answer as if a writ of habeas corpus had been issued in the first instance.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4346 - Arrest of Person Having Custody of Prisoner; Procedure.

600.4346 Arrest of person having custody of prisoner; procedure.
Sec. 4346.
If the person having the prisoner in his custody is brought before the court or judge, as for a criminal offense, he shall be examined, committed, bailed or discharged by the court or judge in the like manner as in other criminal cases of like nature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4349 - Custody of Prisoner.

600.4349 Custody of prisoner.
Sec. 4349.
The court or judge issuing the writ of habeas corpus may commit the prisoner to the custody of such individual or individuals as the court or judge considers proper.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4352 - Discharge of Prisoner; Enforcement of Order; Obedience by Sheriff or Other Custodian.

600.4352 Discharge of prisoner; enforcement of order; obedience by sheriff or other custodian.
Sec. 4352.
(1) If no legal cause is shown for the restraint, or for the continuation thereof, the court or judge shall discharge the person restrained from the restraint under which he is held.
(2) Obedience to any order for the discharge of any prisoner may be enforced by the court or judge granting such order, by arrest in the same manner as is herein provided for disobedience to a writ of habeas corpus, and with like effect in all respects. The person guilty of disobedience to an order for the discharge of any prisoner is liable to the party aggrieved in the sum of $1,000.00 damages, in addition to any special damages the party may have sustained.
(3) No sheriff or other officer is liable to any civil action for obeying any such order of discharge.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4355 - Remanding of Prisoner.

600.4355 Remanding of prisoner.
Sec. 4355.
The court or judge shall forthwith remand the person restrained if the person restrained is detained in custody, either:
(1) By virtue of process issued by any court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; or
(2) By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction, or of any execution issued upon such judgment or decree; or
(3) For any contempt specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and
(4) The time during which such party may be legally detained has not expired.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4358 - Discharge of Prisoner in Civil Cases.

600.4358 Discharge of prisoner in civil cases.
Sec. 4358.
If the prisoner is in custody by virtue of civil process from any court legally constituted, or issued by any officer in the course of judicial proceedings before him, authorized by law, the prisoner shall be discharged only if 1 of the following situations exists:
(1) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person;
(2) Where, though the original imprisonment was lawful, the party is entitled to be discharged;
(3) Where the process is void;
(4) Where the process, though in proper form, has been issued in a case not allowed by law;
(5) Where the person having the custody of the prisoner is not the person empowered by law to detain him; or
(6) Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4361 - Remanding or Commitment of Prisoner.

600.4361 Remanding or commitment of prisoner.
Sec. 4361.
If the prisoner is not entitled to his discharge, and is not bailed, the court or judge shall place him under the restraint from which he was taken, if the person under whose restraint he was is legally entitled thereto. If not so entitled, the court or judge shall commit the prisoner to the custody of such officer or person as by law is entitled thereto.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4364 - Recommitment of Prisoner; Causes.

600.4364 Recommitment of prisoner; causes.
Sec. 4364.
No person who has been discharged by the order of any court or judge upon habeas corpus shall be again restrained for the same cause. It is not the same cause if:
(1) He was discharged from a commitment on a criminal charge, and is afterwards committed for the same offense, by the legal order or process of the court wherein he is bound by recognizance to appear, or in which he is indicted or convicted for the same offense; or
(2) After a discharge for defect of proof, or for any material defect in the commitment, in a criminal case, the prisoner is again arrested on sufficient proof, and committed by legal process for the same offense; or
(3) In a civil suit the party was discharged for any illegality in the judgment or process and is afterwards imprisoned by legal process for the same cause of action; or
(4) In any civil suit in which process may lawfully issue against the body, he was discharged from commitment on original process, and is afterwards committed on execution in the same cause, or on original process in any other suit, after such first suit was discontinued.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4367 - Recommitment of Prisoner; Violation of Section; Penalty.

600.4367 Recommitment of prisoner; violation of section; penalty.
Sec. 4367.
If any person knowingly:
(1) violates section 4364, or
(2) causes section 4364 to be violated, or
(3) aids or assists in the violation of section 4364; he is guilty of a misdemeanor, and is liable to the party aggrieved in the sum of $1,000.00 damages.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4370 - Concealment of Prisoner; Misdemeanor.

600.4370 Concealment of prisoner; misdemeanor.
Sec. 4370.
Any one having under his power any person who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, or for whose relief any such writ, warrant, or order to show cause was issued, who shall, with intent to elude the service of the writ, or to avoid the effect thereof, place any such prisoner under the power of another, or conceal him, or change the place of his confinement, is guilty of a misdemeanor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4373 - Concealment of Prisoner; Aiding; Misdemeanor.

600.4373 Concealment of prisoner; aiding; misdemeanor.
Sec. 4373.
Every person who knowingly aids or assists in the violation of section 4370 is guilty of a misdemeanor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4376 - Concealment of Prisoner; Misdemeanor; Penalty.

600.4376 Concealment of prisoner; misdemeanor; penalty.
Sec. 4376.
Every person convicted of any of the misdemeanors specified in sections 4367, 4370 and 4373 shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 6 months, or by both such fine and imprisonment, in the discretion of the court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4379 - Refusal to Deliver Copy of Authority for Detention of Prisoner; Time; Civil Liability.

600.4379 Refusal to deliver copy of authority for detention of prisoner; time; civil liability.
Sec. 4379.
Any officer or other person who refuses or neglects for 6 hours to deliver a copy of any order, warrant, process or other authority by which he detains any person, to any one who demands such copy and tenders the lawful fees therefor, is liable to the person so detained in the sum of $200.00 damages.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4385 - Habeas Corpus for Witness; Issuance; Transfer of Prisoner.

600.4385 Habeas corpus for witness; issuance; transfer of prisoner.
Sec. 4385.
(1) The judges of every court of record have the power to issue a writ of habeas corpus for the purpose of bringing before that court, or another court or body authorized to examine witnesses, any prisoner who may be detained in any jail or prison within this state, to be examined as a witness.
(2) The judge may order in the writ that the prisoner be placed in the custody of a designated officer for transportation to the place of examination and return, instead of requiring the person having custody of the prisoner to produce the prisoner at the place of examination.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387) › Section 600.4387 - Habeas Corpus; Liability of Officer for Disobedience to Writ.

600.4387 Habeas corpus; liability of officer for disobedience to writ.
Sec. 4387.
Whenever any writ of habeas corpus is issued pursuant to section 4385, the officer on whom the writ is served shall obey the writ in the manner and within the time prescribed by statute or court rule. Every officer who neglects or refuses so to do, is liable in the sum of $500.00 to:
(1) the people of this state, if the writ was issued upon the application of the attorney general, or a prosecuting attorney; or
(2) the party upon whose application the writ was issued.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-44 - Chapter 44 Mandamus (600.4401...600.4431) › Section 600.4401 - Action for Mandamus Against State Officer; Commencement; Rule for Joinder of Claims or Consolidation of Actions; Rule for Referral of Action to Circuit Court.

600.4401 Action for mandamus against state officer; commencement; rule for joinder of claims or consolidation of actions; rule for referral of action to circuit court.
Sec. 4401.
(1) An action for mandamus against a state officer shall be commenced in the court of appeals, or in the circuit court in the county in which venue is proper or in Ingham county, at the option of the party commencing the action.
(2) The supreme court may provide by rule for the joinder of claims or consolidation of actions in the court of appeals or the circuit court if those claims or actions include a prayer for mandamus against a state officer and arise out of the same circumstances or raise a similar issue of law.
(3) The supreme court may provide by rule for the referral of an action from the court of appeals to the circuit court to determine and report its findings of fact or to hear and decide the action if substantial fact finding is necessary to determine the applicability of mandamus relief.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1967, Act 65, Imd. Eff. June 20, 1967 ;-- Am. 1976, Act 317, Eff. Jan. 1, 1977
Compiler's Notes:
Section 2 of Act 317 of 1976 provides: “As provided by the rule of the supreme court, this amendatory act may apply to actions pending on January 1, 1977.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-44 - Chapter 44 Mandamus (600.4401...600.4431) › Section 600.4411 - Mandamus; Violation; Penalty.

600.4411 Mandamus; violation; penalty.
Sec. 4411.
Whenever mandamus is directed to any public officer, body or board, corporation or corporate officer, commanding them to perform any duty, specially enjoined upon them by any provisions of law, in addition to ordering the performance of such duty, if it appears to the court that such officer, or any member of such body or board, has, without just excuse, refused or neglected to perform the duty so enjoined, the court may impose a fine not exceeding $250.00 upon every such officer or member of such board or body.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-44 - Chapter 44 Mandamus (600.4401...600.4431) › Section 600.4421 - Mandamus; Payment of Fine; Bar to Action.

600.4421 Mandamus; payment of fine; bar to action.
Sec. 4421.
The payment of such fine shall be a bar to any action for any penalty incurred by such officer, or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-44 - Chapter 44 Mandamus (600.4401...600.4431) › Section 600.4431 - Mandamus; Damages; Costs; Public Officer.

600.4431 Mandamus; damages; costs; public officer.
Sec. 4431.
Damages and costs may be awarded in an action for mandamus. No damages may be allowed in mandamus against a public officer who, in good faith, acted erroneously.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4501 - Quo Warranto; Attorney General; Private Party; Exception.

600.4501 Quo warranto; attorney general; private party; exception.
Sec. 4501.
(1) The attorney general shall bring an action for quo warranto if the facts clearly warrant the bringing of the action. Subject to subsection (2), if the attorney general receives information from a private person and refuses to act, the private person may bring the action on leave of court.
(2) A private person shall not bring an action for quo warranto that relates to the offices of electors of President and Vice President of the United States.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2023, Act 256, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4505 - Usurpation of Office; Determination; Judgment for Relator; Proceedings.

600.4505 Usurpation of office; determination; judgment for relator; proceedings.
Sec. 4505.
(1) In actions brought against persons for usurpation of office, the judgment may determine the right of the defendant to hold the office. If a party plaintiff alleges that he is entitled to the office, the court may decide which of the parties is entitled to hold the office.
(2) If judgment is rendered in favor of a party who is averred to be entitled to the office, he is entitled, after taking the oath of office, and executing any official bond which is required by law, to take the office. Such party shall be given all the books and papers in the custody of the defendant, or within his power, belonging to the office.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4511 - Usurpation of Office; Damages.

600.4511 Usurpation of office; damages.
Sec. 4511.
When an action is brought against a person for usurping an office and the person rightfully entitled to the office is a party and avers his right to it, and judgment is rendered in his favor, he is entitled to any damages sustained because of the usurpation by the defendant of the office from which the defendant has been evicted. The claim for damages may be joined with the claim for quo warranto, or brought separately within 1 year after the judgment in the action for quo warranto.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4515 - Usurpation of Office; Ouster; Costs; Fine.

600.4515 Usurpation of office; ouster; costs; fine.
Sec. 4515.
Whenever any defendant in a quo warranto proceeding is found or adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office, franchise, or privilege, judgment shall be rendered that the defendant be ousted and altogether excluded from that office, franchise, or privilege. In addition to awarding costs against the defendant, the court may, in its discretion, impose a fine upon the defendant found guilty, not exceeding $2,000.00.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4521 - Judgment Against Corporation; Dissolution; Fine.

600.4521 Judgment against corporation; dissolution; fine.
Sec. 4521.
If a corporation has, by any misuser, nonuser, or surrender, forfeited its corporate rights, privileges and franchises, the judgment in an action for quo warranto shall oust and exclude such corporation from such corporate rights, privileges and franchises, and may dissolve the corporation. In addition to such judgment or in lieu thereof (except in case of such surrender), the court may impose a fine not exceeding $10,000.00 upon the corporation. The fine will not prevent further prosecution for any continuance or repetition of the conduct complained of.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4525 - Judgment Against Corporation; Collection of Fine and Costs.

600.4525 Judgment against corporation; collection of fine and costs.
Sec. 4525.
If such judgment is rendered or if fine is imposed against any corporation, or against any persons claiming to be a corporation, the court may cause the fine and the costs of the action to be collected by execution against the persons claiming to be a corporation, or against the directors or other officers of any such corporation.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4531 - Judgment Against Corporation; Restraint; Receiver; Accounting; Distribution of Assets; Duty of Attorney General.

600.4531 Judgment against corporation; restraint; receiver; accounting; distribution of assets; duty of attorney general.
Sec. 4531.
Whenever any such judgment is rendered, any court having equity jurisdiction has the same powers to restrain the corporation against which it is rendered; to appoint a receiver of its property and effects; and to take an account and make distribution thereof among its creditors, as in the case of the voluntary dissolution of a corporation, and the attorney general shall, immediately after the rendering of any such judgment, institute proceedings for that purpose.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4535 - Judgment; Filing of Record of Judgment; Notice; Publication.

600.4535 Judgment; filing of record of judgment; notice; publication.
Sec. 4535.
Whenever any such judgment is rendered against a corporation, a copy of the record of such judgment shall be forthwith filed in the office of the corporation and securities commission. The corporation and securities commission shall forthwith cause notice of the substance and effect of such recovery to be published for 4 successive weeks in some newspaper printed at the seat of government, and in a newspaper printed in the county where the principal office or place of business of such corporation is, if a newspaper is printed there.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4541 - Forfeited Property; Recovery by Attorney General.

600.4541 Forfeited property; recovery by attorney general.
Sec. 4541.
Whenever by the provisions of law or order of the court any property, real or personal, is forfeited to the people of this state or to any officers for their use, an action for the recovery of such property alleging the grounds of such forfeiture may be filed by the attorney general in the circuit court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-45 - Chapter 45 Quo Warranto (600.4501...600.4545) › Section 600.4545 - Election Fraud or Error; Circuit Court; Time for Filing Action; Plaintiffs; Defendant; Procedure.

600.4545 Election fraud or error; circuit court; time for filing action; plaintiffs; defendant; procedure.
Sec. 4545.
(1) An action may be brought in the circuit court of a county of this state if it appears that material fraud or error has been committed in an election to decide a constitutional amendment, question, or proposition to the electors of this state or a county, township, or municipality of this state. This section does not apply to, and does not authorize, an action relating to an election for public office.
(2) An action under subsection (1) must be brought not later than 30 days after the election by the attorney general or the prosecuting attorney of the proper county on the attorney general's or prosecuting attorney's own relation, on the relation of any citizen of the county without leave of the court, or by any citizen of the county by special leave of the court or a judge of the court. The action must be brought against the municipality in which the fraud or error is alleged to have been committed.
(3) After an action under subsection (1) is brought, the procedure must conform as near as may be to that provided by law for actions for quo warranto.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2023, Act 256, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4703a - Seizure of Computer or Computer Information Storage Device; Copy Provided to Court; Retention as Confidential Record; “Computer” and “Computer Storage Device” Defined.

600.4703a Seizure of computer or computer information storage device; copy provided to court; retention as confidential record; “computer” and “computer storage device” defined.
Sec. 4703a.
(1) If a computer or computer information storage device is seized for a violation of Act No. 53 of the Public Acts of 1979, being sections 752.791 to 752.797 of the Michigan Compiled Laws, the seizing agency shall immediately make a copy of all information contained in that computer or computer information storage device under the supervision of the court and in a manner approved by the court having jurisdiction and provide that copy to the court.
(2) The court shall retain the copy received under subsection (1) as a confidential record. The copy shall be used only to verify the integrity of the information contained in the computer or computer information storage device seized. Upon conclusion of the proceedings, the court shall order the copy of the information destroyed.
(3) As used in this section:
(a) "Computer" means that term as defined in section 2(3) of Act No. 53 of the Public Acts of 1979, being section 752.792 of the Michigan Compiled Laws.
(b) "Computer storage device" means a tape, disk, card, or other device used or intended to be used to store information for use by a computer.
History:
Add. 1996, Act 327, Eff. Apr. 1, 1997