Expense of keeping beasts, when tional lien. apply to all cases of personal property on which the bailee or (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, OF THE COLLECTION OF PENALTIES AND FORFEITURES. 5111. What Penalties, etc., may be recovered 5112. Action, how brought and conducted. 5113. Jurisdiction of Justices. 5114. Where to be brought. 5115. How to declare in Debt. 5116. How to declare in Assumpsit. 5117. How to declare in Trover. 5118. Plea and evidence. 5119. Action where amount is not specified. 5122. Duty of Supervisors to prosecute. 5125. Duties of Prosecuting Attorney. 5126. Moneys to be paid over to County Treas urer. 5127. Payment over, how compelled. FINES AND FORFEITED RECOGNIZANCES. 5123. When order to be entered that defaulting 5129. Certified copy of order to be delivered to 5130. Service and return of order. Chapter One Hundred and Twenty Eight of Revised Statutes of 1846. OF THE COLLECTION OF PENALTIES AND FORFEITURES. etc., may be re tion. (5111.) SECTION 1. In all cases not otherwise specially what penalties, provided for by law, where a pecuniary penalty or forfeiture covered by acshall 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. 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. be (5114.) SEC. 4. Every action for a penalty or forfeiture, where to 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. ог When a ct omission to be a misdemeanor. sors to prosecute. 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 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. 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 At been 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. Certified copy of (5129.) SEC. 19. The Clerk of the Court by which such order livered to Sheriff. shall be made, shall immediately deliver to the Sheriff of the county a certified copy of every such order. order to be de Service and return of order. Proceedings on return. When proceedings to cease. Order for fine to be delivered to torney. 1. (5130.) SEC. 20. Such Sheriff shall serve such order on the defaulting juror named therein, personally, by showing such certified copy, and delivering to him a copy thereof; and shall return such order and his proceedings thereon to the Court, at or before the time when such juror shall be required to show cause. (5131.) SEC. 21. If the Sheriff shall return such order personally served, the Court shall proceed to impose such fine as shall be proper; and if the same be returned not personally served, the Court shall make a further order, that such defaulting juror show cause, at the then next term, why such fine should not be imposed; and the same proceedings shall be had upon such order, as herein provided in respect to the first order, and such orders shall be entered from time to time, until the same be personally served, or the juror appear. (5132.) SEC. 22. But if it appear from the return of the Sheriff, or from any other evidence, that such juror is dead, or insane, or has permanently removed from the State; or if any satisfactory excuse shall be rendered by any person in behalf of such juror, for his default, the Court may abstain from any further proceedings in relation to such default. (5133.) SEC. 23. When a fine shall be imposed by any Court Prosecuting At of law upon any grand or petit juror, or upon any constable, 1844, p. 119, Sec. for non-attendance, or for any other cause, or upon any officer of such Court, or upon any other person, without being accompanied by an order for the immediate commitment of the person so fined, until such fine be paid, it shall be the duty of the Clerk of such Court immediately to deliver a copy of the order imposing such fine, to the Prosecuting Attorney of the County in which such Court shall be held. Process to be issued by him. 2. (5134.) SEC. 24. The Prosecuting Attorney shall, immedi1844, p. 119, Sec. ately after the adjournment of such Court, issue process under the seal of the Circuit Court for the County, to the Sheriff thereof, commanding him to collect of the several persons named in the schedule annexed to such process, the several sums affixed to their names respectively, in such schedule, and to pay over the same to the Treasurer of his County. Schedule to be annexed. (5135.) SEC. 25. To such process shall be annexed a schedule, containing in separate columns: |