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holding over or detaining the premises described in the complaint, or any part thereof, and judgment may thereupon be rendered in accordance with such finding.

ty Courts in cer

(5002.) SEC. 2. In the counties of Chippewa, Houghton and Appeals to CounMackinac, appeals under the provisions of said chapter one tain Counties. hundred and twenty-three shall be taken to the County Court for such Counties respectively. (e)

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An Act Requiring Compensation for Causing Death by Wrongful Act, Neglect, or Default. (a)

[Approved February 12, 1848. Took effect April 12, 1848. Laws of 1848, p. 31.]

what cases ac

causing death.

(5003.) SECTION 1. Be it enacted by the Senate and House of when and in Representatives of the State of Michigan, Whenever the death tion will lie for of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action, and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. (5004.) SEC. 2. Every such action shall be brought by, and By whom suit is in the names of the personal representatives of such deceased for whose benefit, person, and the amount recovered in every such action shall damages.

to be brought, and measure of

(e) No Law is found altering this Section as here given.

(a) For similar provisions in the general Railroad Act, see Sections 1998, 1999, p. 655.


be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation 21 Barbour, 245, to the distribution of personal property, left by persons dying inestate; and in every such action, the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death, to the wife and next of kin of such deceased person.

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erty to Plaintiff.

5015. When property to be returned.
5016. How Defendant to be Summoned.
5017. Plaintiff may proceed if property not
found, etc.

5018. Return of Sheriff to Writ.
5019. Exceptions to sureties.

5020. Justification by sureties, etc.

5021. Affidavit, etc., to be filed, and notice

5022. When judgment of discontinuance to be
rendered against Plaintiff.

5023. Court may allow new Bond to be filed.
5024. When Sheriff discharged from liability, etc.
5025. Liability of Sheriff in certain cases, and
his remedy on Bond.


5026. When Clerk to enter appearance of Defendant.

5027. Declaring, etc.

5028. Form of declaration.

5029. Stating place of detention.

5030. Plea and notice.

5031. Notice of trial.

5032. Assessing damages for Plaintiff.

5033. Verdiet and judgment in case of special

property in goods, etc.

5034. Judgment for Plaintiff in case property
not delivered to him.

5035. Contents of Execution in such case.
5036. Powers and duties of Sheriffs on Execution.
5037. Judgment for Defendant on non suit, etc.
5038. When Defendant may take judgment for
value of property.

5039. Notice of assessment of damages.
5040. When judgment for Defendant to be for
costs only.

5041. Effect of judgment for return of property.
5042. Property to be held subject to Attach-
ment in certain cases.

5043. Suit on Plaintiff's Bond.
5044. Proceedings; Damages to be recovered.
5045. Mitigation in certain cases.

When action of

replevin may be brought.

Chapter One Hundred and Twenty-Four of Revised Statutes of 1846.

(5005.) SECTION 1. Whenever any goods or chattels shall have been unlawfully taken, or unlawfully detained, an action

12 do. 133.

etc., may bring


of replevin may be brought for the recovery thereof, and for 10 Wend., 349. the recovery of the damages sustained by such unlawful' taking or detention, except in the cases hereinafter excepted. (5006.) SEC. 2. Whenever, by any statute, executors or When Executors, other persons, suing in the right of another, are authorized action of repleto maintain actions of trespass or trover, for any personal property, unlawfully taken or unlawfully detained, such persons may maintain actions of replevin for such property. (5007.) SEC. 3. Actions of replevin shall be laid and tried Venue. in like manner as actions of trespass for injuries to personal


shall not lie.

9 Cowen, 259.

(5008.) SEC. 4. No replevin shall lie for any property taken When replevin by virtue of any warrant for the collection of any tax, 7 Wend., 485. assessment or fine, in pursuance of any statute of this State. (5009.) SEC. 5. No replevin shall lie at the suit of the Ibid. defendant in any execution or attachment, to recover goods or chattels seized by virtue thereof, unless such goods or chattels are exempted by law from such execution or attachment; nor shall a replevin lie at the suit of any other person, unless he shall, at the time, have a right to reduce into his possession the goods taken or detained.

(5010.) SEc. 6. Actions of replevin shall be commenced by Form of Writ. writ, which shall be substantially in the following form: "In the name of the People of the State of Michigan: To the Sheriff of the County of

We command you that you do forthwith take into your custody the following goods and chattels, to wit: (describing the goods and chattels to be replevied) and deliver the same to A. B., plaintiff herein, if he shall give you security as required by law to prosecute to effect this writ against C. D., defendant herein, and to return the aforesaid goods and chattels, if return thereof shall be adjudged, and to pay all such sums of money as may be recovered against him hereupon; and also that you summon the said C. D. to appear before the Court, at on the

day of

(some day on which writs in personal actions may be made returnable), to answer the said A. B., concerning the unlawful detention of the said goods and chattels.

Witness, &c."

annexed to Writ.

(5011.) SEC. 7. Such writ shall not be executed in any case, Affidavit to be unless the plaintiff in the action, or some other person having 12 Wend., 194. knowledge of the facts, shall make and annex to the writ an 13 Ill. Rep., 122.

2 Mich. Rep. 327.

1 Hill, 204.

How Writ executed.

Property to be appraised.

Boad to be given before delivery


18 Wendell, 581.


do. 673.

1 Hill, 204.

affidavit, stating that the plaintiff in such action is then lawfully entitled to the possession of the property described in the writ; that the same has not been taken for any tax, assessment or fine, levied by virtue of any law of this State; nor seized under any execution or attachment against the goods and chattels of such plaintiff, liable to execution; and that such goods and chattels are unlawfully detained by the defendant in such writ.

(5012.) SEC. 8. Upon the receipt of such writ, with the affidavit hereinbefore required annexed, the Sheriff shall proceed to seize and take into his custody the property described therein, and for that purpose may break open any house, stable, out-house or other building in which such property may be concealed, having first demanded deliverance thereof at the building or place where the same is concealed.

(5013.) SEC. 9. The officer executing the writ shall cause the property so seized to be appraised by one or more disinterested persons, on oath to be administered by him, as soon as may be after the taking thereof on such writ.

(5014.) SEC. 10. Before the officer shall deliver such property of property to to the plaintiff, such plaintiff or some one in his behalf, shall 6 Wend., 547. execute a bond to such officer and his assigns, with the 19 do. 6 addition of his name of office, with sufficient sureties to be 3 Comstock, 191. approved by such officer, in a penalty not less than one hundred dollars, and at least double the appraised value of such property; conditioned that the plaintiff will prosecute the suit to effect, and that if the defendant recover judgment against him in the action, he will return the same property, if return thereof be adjudged, and will pay the defendant all such sums of money as may be recovered by such defendant against him in the said action.

When property to be returned.

How defendant to be summoned. 1 Hill, 204.

4 do. 537.

Plaintiff may pro

(5015.) SEC. 11. If the plaintiff shall fail to cause such bond to be executed and delivered to the officer, within twentyfour hours after the appraisal of such property, the officer shall return the same to the person from whom he took it.

(5016.) SEC. 12. The officer shall summon the defendant according to the command of the writ, by delivering to him personally a certified copy of such writ, if such defendant can be found; and if he cannot be found, then by leaving such certified copy at his usual place of abode, with some person of proper age.

(5017.) SEC. 13. If the goods and chattels specified in any not found, etc. writ of replevin shall not be found, or shall not be delivered

ceed if property

to the plaintiff, he may proceed in the action for the recovery of the same or the value thereof.

to Writ.

(5018.) SEC. 14. The Sheriff shall return the writ at or Return of Sheriff before the return day thereof, with the affidavit thereto annexed, and the names of the persons who executed the bond taken by him from the plaintiff, and their places of residence; and he shall state in his return in what manner he executed the writ; and if the goods and chattels specified therein shall not have been replevied, he shall state in his return the cause thereof.


20 Wend., 673.

(5019.) SEC. 15. If the defendant in any action of replevin Exceptions to shall not be satisfied with the sufficiency of the sureties taken 2 Hill, 357. of the plaintiff by the officer, on the delivery of the property to such plaintiff, he may, within twenty days after the return of the writ, serve upon such officer a notice that he excepts to such securities, and such officer shall give notice thereof to the plaintiff or his attorney. (5020.) SEC. 16. Within twenty days after the service of Justification by such notice on the officer, the sureties in the bond so executed' by the plaintiff, shall justify by making an affidavit that each of them is a householder, worth double the amount of the penalty of such bond, over and above all demands; or within the same time, a new bond, similar to that herein required before delivery to the plaintiff of the property replevied, shall be executed with new sureties, who shall justify in the same manner herein provided.

sureties, etc.

(5021.) SEC. 17. Such affidavits, and such bond when execu- Amdavits, etc to be filed, and ted, shall be filed in the office of the Clerk of the Court to which notice given. the writ shall have been returned, and notice thereof shall be served on the defendant or his attorney, within the twenty days herein specified.

of discontinuance

(5022.) SEC. 18. If such sureties shall not justify, or if such When judgment new bond shall not be executed and filed, and notice thereof to be rendered against plaintiff. given as herein provided, the Court shall, at the next term after such default, render judgment of discontinuance against the plaintiff, and such other judgment as the state and nature of the case may require, in order to restore to the defendant the property replevied, and to compensate him for his damages.

new Bond to be

(5023.) SEC. 19. But the Court may allow the plaintiff to file Court may allow such new bond, with sureties, who shall justify in the same filed. manner herein prescribed, at the term at which application for such judgment is made, on such reasonable terms as the Court

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