117, 120. 2. When any rent shall have become due on any such lease 2 Doug. Mich., or agreement, and the tenant or person in possession shall 2 Gray, 227. have neglected or refused, for fourteen days after demand of the possession made in writing, to deliver up possession of the premises, or pay the rent so due; 377. 3. When any person shall continue in possession of any 2 Doug. Mich., premises sold by virtue of any mortgage or execution, after the expiration of the time limited by law for the redemption of such premises; 4. When any tenant at will or by sufferance, shall hold over after the determination of his estate by a notice to quit, as provided by law. be made. (4986.) SEC. 13. In the cases specified in the preceding Complaint may section, the person entitled to the possession of the premises, his agent or attorney, may make complaint in writing, and on oath, and deliver the same to a Circuit Court Commissioner, or Judge of the Circuit or County Court for the County, setting forth that the person complained of, is in possession of the lands or tenements in question, describing them, and that such person holds the same unlawfully, and against the right of the complainant. (b) issued. (4987.) SEC. 14. Upon receiving such complaint, the officer Summons to be to whom the same is delivered shall issue a summons directed to the Sheriff or any constable of the same county, commanding him to summon the defendant to be and appear before such officer, at a time and place therein to be specified, not less than three nor more than six days from the issuing thereof, to answer such complaint. mons. (4988.) SEC. 15. The officer to whom such summons shall be Service of Sumdelivered, shall serve the same at least two days before the return day thereof, by reading the same to the defendant, if to be found within the county, and delivering to him a copy thereof, if required, or by leaving a true copy thereof, certified by him, at the usual place of abode of such defendant, with some person of suitable age, to whom he shall explain the contents thereof. return. (4989.) SEC. 16. Upon the return of such summons, if the Proceedings on same be returned duly served, and the defendant appear, such defendant may plead not guilty to the complaint; or if he neglect or refuse to plead thereto, such officer shall enter such (b) As Amended by Act 206 of 1848. Laws of 1848, p. 313, Sec. 8 When officer may adjourn hearing. Hearing and judgment. plea for him, and such issue shall be tried, and judgment shall be rendered, and the same proceedings shall be had thereon in all respects, and the costs shall be taxed and collected, in the same manner as in cases of forcible entry or detainer, and with the like effect. (4990.) SEC. 17. If the defendant fail to appear on the return of such summons, and the same be returned duly served, the officer issuing such summons may, in his discretion, adjourn the hearing, not more than six days from the return of such summons, and on the day to which the hearing shall be adjourned, if the defendant appear, the same proceedings shall be had as if he had appeared at the return of the summons. (4991.) SEC. 18. If the defendant fail to appear on the return of the summons, and there be no adjournment, or if the defendant fail to appear on the day to which the hearing may be adjourned, the officer shall note such failure in the minutes of his proceedings, and proceed to hear the complaint, and to inquire into the truth thereof; and if such officer shall be satisfied that such complaint is true, and that the complainant is entitled to restitution of the premises, he shall render judgment accordingly, and tax the costs for the complainant, and issue a writ of restitution, and process for the collection of the costs, as in other cases, and with the like effect. - GENERAL PROVISIONS. Adjournments after issue joined. When defendant to continue in Bond. (4992.) SEC. 19. After an issue shall be joined upon any complaint in pursuance of the provisions of this chapter, the hearing may be adjourned from time to time, as may be necessary, upon sufficient cause being shown, not exceeding thirty days in all. (4993.) SEC. 20. If such hearing be adjourned on the applicustody or give cation of a defendant, proceeded against by warrant for a forcible entry, or forcible detainer, and the complainant shall not consent thereto, such defendant shall continue, during the time of the adjournment, in the custody of the Sheriff or constable, unless he shall give bond to the complainant, in the penal sum of fifty dollars, with sufficient surety to be approved by the officer issuing the warrant, conditioned to pay all such costs as shall be awarded against him in such cause. not to be made. (4994.) SEC. 21. No restitution shall be made under the when restitution provisions of this chapter, of any lands or tenements, of which the party complained of, or his ancestors, or those under whom he holds the premises, shall have been in the quiet possession thereof for three years next before the filing of the complaint, unless his estate therein be ended. in enforcing obe etc. (4995.) SEC. 22. The officer before whom any proceedings Powers of officer shall be had for recovering the possession of lands in pur-dience to process, suance of this chapter, shall possess all the necessary powers for issuing subpoenas, and compelling the attendance of witnesses, and enforcing obedience to all orders and process lawfully made or issued by him. rors and Witnesses making default, etc. (4996.) SEC. 23. Every person summoned as a juror, or Penalties on Jusubpoenaed as a witness, who shall not appear, or appearing, shall refuse to serve or testify in any cause prosecuted by virtue of this chapter, shall forfeit and pay for every such refusal, unless some reasonable excuse be shown, such fine, not exceeding ten dollars, as the officer before whom the proceedings are instituted shall think proper to impose; and such officer is authorized and required to issue an execution for the collection thereof, directed to the Sheriff or any constable of the county, in the same manner, and with the like effect, as Justices of the Peace are authorized to do in cases of similar fines imposed by them. taining restitu. damages. (4997.) SEC. 24. The complainant obtaining restitution of Complainant obany premises under the provisions of this chapter, shall be tion may recover entitled to an action of trespass, or trespass on the case against the defendant, and may recover treble damages from the time of the forcible entry, or forcible detainer, or of the notice to quit, or demand of possession, as the case may be; and all other damages to which he may be entitled. made. (4998.) SEC. 25. Either party conceiving himself aggrieved Appeal; when by the determination or judgment of the Commissioner or Judge, made or rendered under the provisions of this chapter, may appeal therefrom to the Circuit or District Court for the same county, within the same time, in the same manner, and a return may be compelled, and the same proceedings shall be thereupon had, as near as may be, and with the like effect, as in cases of appeals from judgments rendered before Justices of the Peace, and costs shall be awarded and collected in the Circuit Court in the same manner. But before any appeal by a defendant shall be allowed, he shall, in addition to the usual recognizance, make and execute to the complainant a bond, in obtaining restitu the penalty to be fixed by the Judge or Commissioner, not less than twice the amount of the annual rent of the premises in dispute, with good and sufficient sureties, who shall justify, and also be approved by said Judge or Commissioner, conditioned that if the complainant obtain restitution of said premises in said suit, the said defendant will forthwith pay all the rent due or to become due the complainant for the premises described in the complaint, up to the time said complainant shall obtain possession thereof, together with costs of suit in prosecuting said complaint and obtaining restitution of said premises; which bond shall be delivered to said complainant, or his agent or attorney; and if the complainant How complainant obtain restitution of said premises, he may, at his election, tion may recover sue and recover on said bond, or bring his action against the defendant, under section twenty-four of this chapter. (c) When Writ of (4999.) SEC. 26. No writ of restitution shall be issued under on judg- the provisions of this chapter, until the expiration of five days after the entry of judgment of restitution; and in case of an appeal within that time, no writ of restitution shall issue until such appeal be determined in the Circuit Court. (d) When restitution (5000.) SEC. 27. If upon the trial of an appeal in the Circuit determination of Court, judgment be rendered in favor of the complainant, upon delivering a certified copy of the entry thereof to the officer before whom the proceedings were commenced, he shall issue his precept for restoring to the complainant the possession of the premises in the manner hereinbefore provided. damages. restitution not to issue ment. to be made after appeal. Defendant may be found guilty of whole or any An Act to Amend Chapter One Hundred and Twenty-Three of the Revised Statutes of Eighteen [Approved March 31, 1849. Took effect May 30, 1849. Laws of 1849, p. 238.} (5001.) SECTION 1. Be it enacted by the Senate and House of holding over Representatives of the State of Michigan, That on the trial of part of premises. any cause under the provisions of chapter one hundred and twenty-three of the Revised Statutes of 1846, it shall be competent for the jury or officer before whom such trial may be had, to find the defendant guilty of forcibly or unlawfully (c) As Amended by "An Act to Amend Sections Twenty-Five and Twenty-Six of Chapter One Hundred and Twenty Three, Title Twety-Four of the Revised Statutes of Eighteen Hundred and Forty-Six, Concerning Proceedings to Recover the Possession of Land in Certain Cases," Approved April 2, 1851. Laws of 1851, p. 79. This Act amends Sections 25 and 26, as here given. (d) As amended. See note (c). 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) 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. |