etc., on personal of property in cer tain cases. (5103.) SEC. 36. When any person shall deliver to any Lien of Mechanics, mechanic, artizan or tradesman, any watch, clock, article furniture or jewelry, implement, clothing or other article of value, to be altered, fitted or repaired, such mechanic, artizan or tradesman shall have a lien thereon for the just value of the labor and skill applied thereto by him, and may retain possession of the same until such charges are paid. (5104.) SEC. 37. In either of the cases mentioned in the two when lien may preceding sections, if the owner of the property or materials so delivered, or the person entitled thereto, shall not, when such articles shall have been constructed, completed, altered, fitted or repaired, and ready to be delivered to such owner, or other person, and the charges thereon shall be due and payable, pay to such mechanic, artizan or tradesman, the amount of such charges, the person having such lien may enforce the same as hereinafter provided. be enforced. of charges. case Summons ally served. (5105.) SEC. 38. The person having such lien may commence Suit for recovery a suit for the recovery of such charges, by summons in the usual form, before any Justice of the Peace of the city or township in which he resides, or in any Court, as the case may require, against the person liable for the payment thereof. (5106.) SEC. 39. If such summons be returned personally Proceedings in served upon the defendant, the same proceedings shall there-returned personupon 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. (5107.) SEC. 40. If the officer return upon such summons, Proceedings if that the defendant cannot be found within his county, the be found. 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. defendant cannot ment. (5108.) SEC. 41. If the plaintiff recover judgment in such Effect of judg 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. (5109.) SEC. 42. The provisions of this chapter concerning Enforcing liens in liens upon personal property, and enforcing the same, shall other cases. Expense of keeping beasts, when tional lien. apply to all cases of personal property on which the bailee or keeper thereof has by law a lien for any keeping, feed, care or labor by him bestowed upon such property. (5110.) SEC. 43. If the property upon which any such lien to be an addi-shall be enforced as provided in this chapter, consist of horses, cattle, sheep, swine or other beasts, and any expenses shall have been incurred by the person having such lien after the same accrued, in keeping and taking care of such property, the amount of such expenses shall be an additional lien upon the property, and shall be computed and ascertained upon the trial, or assessment of damages, and included in the judgment. OF THE COLLECTION OF PENALTIES, FORFEITURES AND FINES, SECTION 5131. Proceedings on return. 5132. When proceedings to cease. 5133. Order for fines to be delivered to Prose cuting Attorney. 5134. Process to be issued by him. 5135. Schedule to be annexed. 5136. Execution of process. 5137. Return of process. 5138. New process when to be issued. 5139. Who to be included in process. 5140. Suits on recognizances. 5141. Execution thereon. 5142. Estreating recognizances. 5143. Moneys collected to be paid over by Pros- 5144. Account by Prosecuting Attorney. 5149. Remission of fines imposed by Justices of 5150. All other persons receiving moneys for penalties, etc., to pay over same to Treasurer. 5151. Treasurer, how to account for such moneys. 5152. Moneys to be apportioned. 5153. Punishment for not paying over moneys. Chapter One Hundred and Twenty Eight of Revised Statutes of 1846. OF THE COLLECTION OF PENALTIES AND FORFEITURES. specially specially what penalties, forfeiture covered by ac (5111.) SECTION 1. In all cases not otherwise provided for by law, where a pecuniary penalty or shall be incurred by any person, and the act or omission for which the same is imposed, shall not be also a misdemeanor, such penalty or forfeiture may be recovered in an action of debt, or in an action of assumpsit; and if it be a forfeiture of any property, it may be sued for and recovered in an action of trover, or other appropriate action. etc., may be re tion. brought and con (5112.) SEC. 2. Every such action shall be brought in the Action, how name of the People of the State of Michigan, and shall be ducted. conducted and prosecuted in the same manner as personal actions, and shall be subject to all the provisions of law concerning personal actions, not repugnant to the provisions of this chapter. Justices. (5113.) SEC. 3. Justices of the Peace shall have jurisdiction Jurisdiction of of all actions for the recovery of penalties or forfeitures, where the amount of the penalty or forfeiture shall not exceed one hundred dollars. brought. in debt. (5114.) SEC. 4. Every action for a penalty or forfeiture, where to be shall be brought in the county where the act was done, or where the act omitted was required, in whole or in part, to be done, upon which the penalty or forfeiture attached. (5115.) SEC. 5. In actions of debt brought to recover any How to declare penalty or forfeiture imposed by any statute, it shall be' sufficient, without setting forth the special matter, to allege in the declaration, that the defendant is indebted to the plaintiffs in the amount of such penalty or forfeiture; whereby an action hath accrued according to the provisions of the statute by which such penalty or forfeiture is imposed, specifying the section and chapter, as the case may require, or in some other similar terms, referring to such statute. (5116.) SEC. 6. Whenever an action of assumpsit shall be How to declare in brought for the recovery of any penalty or forfeiture imposed assumpit by any statute, it shall be sufficient, without setting forth the special matter, to allege in the declaration, that the defendant, being indebted to the plaintiffs in the amount of such penalty or forfeiture, according to the provisions of the statute by which such penalty or forfeiture is imposed, referring to such How to declare in trover. Plea and evidence. Action where amount is specified. not When may be recovered by indictment. When act or omission to be a statute as prescribed in the last section, undertook and promised to pay the same. (5117.) SEC. 7. If an action of trover be brought to recover any goods or other things forfeited by the provisions of any statute, the declaration may allege that such goods or other things were forfeited according to the provisions of such statute, referring to the same as prescribed in the foregoing sections, and that the defendant converted the same to his own use, without setting forth the special matter. (5118.) SEC. 8. To every declaration for a penalty or forfeiture, the defendant may plead the general issue, which shall be in the same form as in personal actions; and may give in evidence under such plea any special matter in bar of the action, or in discharge of the defendant therefrom, in the same manner, and with the like effect as if a special notice thereof had been given. (5119.) SEC. 9. When a penalty or forfeiture is imposed by law for any act or omission, not exceeding any specified sum, an action may be brought for the highest sum so specified; and the jury, or Justice before whom the trial shall be had, shall award the sum so specified to the plaintiff, or such part thereof, within the limitation prescribed by law, as shall be deemed proportionate to the offence. (5120.) SEC. 10. In all cases where the penalty or forfeiture shall be one hundred dollars or more, such penalty or forfeiture may be recovered by indictment in the proper Court of the county. (5121.) SEC. 11. When any act or omission is punishable misdemeanor. according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty, or forfeiture, or imprisonment, in the discretion of the Court, such act or omission shall be deemed a misdemeanor. sors to prosecute. Duty of Supervi- (5122.) SEC. 12. It shall be the duty of every Supervisor, whenever he shall know, or have good reason to believe, that any penalty or forfeiture has been incurred within his township, which shall be recoverable by action before a Justice of the Peace, according to the foregoing provisions of this chapter, forthwith to commence and prosecute a suit, in the name of the People of this State, for the recovery thereof. Duty of other township officers. (5123.) SEC. 13. It shall be the duty of every other township officer, who shall know or have good reason to believe that any penalty or forfeiture has been incurred within his township, forthwith to give notice thereof to the Supervisor. to give notice to torney. (5124.) SEC. 14. Whenever any Supervisor shall know or when Supervisor have good reason to believe that any penalty or forfeiture has Prosecuting Atbeen incurred within his township, which cannot be recovered before a Justice of the Peace, it shall be his duty forthwith to give notice thereof to the prosecuting Attorney of his county. cuting Attorney. (5125.) SEC. 15. In the cases mentioned in the last preceding Duties of Prosesection, and in all other cases where the prosecuting Attorney shall know, or have good reason to believe that a penalty or forfeiture has been incurred within his county, it shall be the duty of such Prosecuting Attorney, without delay, to prosecute for such penalty or forfeiture; and in all cases where any suit shall be instituted by the Supervisor as provided in this chapter, it shall be the duty of such Prosecuting Attorney, if requested by such Supervisor, to attend to and conduct such. suit on behalf of the plaintiffs. over to County (5126.) Sec. 16. All sums of money collected on account of Moneys to be paid any penalty or forfeiture, in pursuance of the foregoing provi- Treasurer. sions of this chapter, shall be paid by the officer collecting or receiving the same, to the Treasurer of the County within which such penalty or forfeiture was incurred, within twenty days after the collection or receipt thereof. how compelled. (5127.) SEC. 17. If any Sheriff, Justice of the Peace or other Payment over, officer, shall neglect to pay over any moneys collected or received by him on account of any penalty or forfeiture, within the time limited in the preceding section, the County Treasurer shall proceed by attachment in the Circuit or County Court for the County to collect the moneys so required to be paid over to him, in the same manner, and with the like effect, as in case of an attachment against a Sheriff for neglecting to return an execution in a civil suit. FINES AND FORFEITED RECOGNIZANCES. R. S. of N. Y., be entered that (5128.) SEC. 18. When any grand or petit juror shall have when order to been summoned to attend any Court, by leaving a written defaulting Juror notice at his residence, and such juror shall not attend pursuant to such summons, the Court shall cause an order to be entered in its minutes, that such defaulting juror show cause, on some day to be specified in such order, in the same term, or on the first day of the then next term of such Court, why a fine should not be imposed on him for such default. |