Of suits limited by other Statutes. written promise, (5382.) SEC. 22. The preceding section shall not apply to any suit which is or shall be limited by any statute, to be brought within a shorter or longer time than is prescribed in said section; but such suit shall be brought within the time that may be limited by such statute. Provisions as to (5383.) SEc. 23. None of the provisions of this chapter, resetc, to what capecting the acknowledgment of a debt, or a new promise to pay it, shall apply to any such acknowledgment or promise made before the thirty-first day of August, in the year of our Lord one thousand eight hundred and thirty-eight; but every such last mentioned acknowledgment or promise, although not made in writing, shall have the same effect as if no provisions relating thereto had been herein contained. Presumption of payment of a judgment. and rights accru Statutes 307. (5384.) SEC. 24. Every judgment and decree, in any Court of Record of the United States, or of this or any other State, shall be presumed to be paid and satisfied, at the expiration of ten years after the judgment or decree was entered. Actions barred, (5385.) SEC. 25. No personal action shall be maintained, ed under former which, at the time when this chapter shall take effect as law, 2 Doug. Mich., shall have been barred by the statute of limitation in force at the time when the cause of action accrued; and when any right of action shall have accrued before the time when this chapter shall take effect, it shall not be affected by this chapter, but all such causes of action shall be governed and determined according to the law under which the right of action accrued, in respect to the limitation of such actions. Time suit pend. ing in Chancery puted under An Act Relative to Suits at Law in Cases affected by Proceedings in Chancery. [Approved February 16, 1857. Took Eject May 18, 1857. Laws of 1857, p. 362.] (5386.) SECTION 1. The People of the State of Michigan enact, not to be com- That the time during which any case in Chancery, commenced Limitation Laws. by any debtor, has or may be pending and undetermined, shall not be computed as constituting any part of the period limited or prescribed by any statute of limitation in force at the time of the commencement of such case in Chancery, prescribing the time within which an action in relation to the debt or subject matter in dispute, as set forth in the proceedings in such case in Chancery, should or might be commenced. CHAPTER CLXVII. Of the Relief of Insolvent Debtors on the Application of an Insolvent and his Creditors. CHAPTER CLXVIII. Of the Relief of Insolvent Debtors from Imprisonment. Chapters. CHAPTER CLXX. Of the Powers, Duties, and Obligations of Assignees of Insolvent Debtors under this Title. CHAPTER CLXXI. Of the Relief of Poor Debtors from Imprisonment. Sess. L. of N. Y., 1831, p. 396. No person to be imprisoned for debt. Chapter One Hundred and Forty-One of Revised Statutes of 1846. (5387.) SECTION 1. No person shall be arrested or imprisoned on any civil process issuing out of any Court of law, or on any Sec. 33. 'execution issuing out of a Court of Equity, in any suit or pro2 Doug. Mich., 38. ceeding instituted for the recovery of any money due upon any Const., Art. 6, 3 Mich. Rep., 252. Exceptions. may apply for a judgment or decree founded upon contract, or due upon any contract expressed or implied, or for the recovery of any damages for the non-performance of any contract. (5388.) SEC. 2. The preceding section shall not extend to proceedings as for contempts to enforce civil remedies; nor to actions for fines, penalties, or forfeitures, or on promises to marry, or for moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment. When plaintiff (5389.) SEC. 3. In all cases where, by the preceding proWarrant to arrest visions of this chapter, a defendant cannot be arrested or defendant. 6 Hill, 11. Evidence to be adduced in sup tion. 6 Hill, 429. imprisoned, it shall be lawful for the plaintiff who shall have commenced a suit against such defendant, or shall have obtained a judgment or decree against him, in any Court of Record, or Justice's Court, to apply to any Judge of the Court in which such suit is brought, or to any Circuit Court Commissioner, or to any Justice of the Peace before whom such suit is brought, or judgment obtained, or before whom such proceedings shall have been transferred, for a warrant to arrest the defendant in such suit. (5390.) SEC. 4. No such warrant shall issue unless satisfacport of applicatory evidence shall be adduced to such officer, by the affidavit of the plaintiff, or of some other person or persons, that there is a debt or demand due to the plaintiff from the defendant, and specifying the nature and amount thereof as near as may be, for which the defendant, according to the provisions of this chapter, cannot be arrested or imprisoned, and establishing one or more of the following particulars: 1. That the defendant is about to remove any of his property out of the jurisdiction of the Court in which the suit is brought, with intent to defraud his creditor or creditors; or: 2. That the defendant has property or rights in action, which he fraudulently conceals, or that he has rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjustly refuses to apply to the payment of any judgment or decree which shall have been rendered against him, belonging to the complainant; or: 3. That he has assigned, removed or disposed of, or is about to dispose of any of his property, with the intent to defraud his creditor or creditors; or: sued. 4. That the defendant fraudulently contracted the debt, or incurred the obligation, respecting which such suit is brought. (5391.) SEC. 5. Upon such proof being made to the satisfac- Warrant to be istion of the officer to whom the application shall be made, he shall issue a warrant under his hand, in behalf of the People of this State, directed to the Sheriff or any constable of the county within which such officer shall reside, therein briefly setting forth the nature of the complaint, and commanding the officer to whom it shall be directed, to arrest the person named in such warrant, and bring him before such officer without delay; which warrant shall be accompanied by a copy of all affidavits presented to such officer, upon which the warrant issued; which shall be certified by such officer, and shall be delivered to the defendant at the time of serving the warrant, by the officer serving the same. be executed. (5392.) SEC. 6. The officer to whom such warrant shall be How Warrant to delivered, shall execute the same by arresting the person 5 Hill, 605. named therein, and bringing him before the officer issuing such warrant; or in case of the absence or inability of such officer, before some other officer having jurisdiction in the case, and shall keep him in custody until he shall be duly discharged, or committed as hereinafter provided. may controvert which Warrant issued. (5393.) SEC. 7. On the person so arrested being brought Person arrested before such officer, he may controvert any of the facts and cir- facts on cumstances on which such warrant issued, and may, at his 10 Wend., 608. option, verify his allegations by his own affidavit; and in case of his so verifying the same, the complainant may examine such defendant on oath, touching any fact or circumstance material to the inquiry, and the answers of the defendant on such examination shall be reduced to writing, and subscribed by him; and the officer conducting such inquiry shall also receive such other proof as the parties may offer, either at the time of such first appearance, or at such other time as such hearing shall be adjourned to; and in case of an adjournment, such officer may take a recognizance, with surety, from the defendant, for his appearance at the adjourned hearing, and conditioned that said defendant will not meanwhile secrete, destroy, dispose of, or in any manner make way with or put Power of officer conducting inquiry. Commitment of defendant. out of his possession any of his property not exempt from sale on execution. (a) (5394.) SEC. 8. The officer conducting such inquiry, shall have the same authority to issue subpoenas for witnesses, and to enforce obedience to such subpoenas, and to punish witnesses refusing to testify, as are conferred by law upon such officers in cases of other proceedings before them. (5395.) SEC. 9. If such officer is satisfied that the allegations 10 Wend., 608. of the complainant are substantiated, and that the defendant has done, or is about to do, any one of the acts specified in the fourth section of this chapter, upon which a warrant is authorized to be issued, he shall, by a commitment under his hand, direct that such defendant be committed to the jail of the county in which such hearing shall be had, to be there detained until he shall be discharged according to law; and such defendant shall be committed and detained accordingly. In what cases Chapter 163. Defendants com mitted to remain oners on criminal process, etc. (5396.) SEC. 10. Such commitment shall not be granted, if the defendant shall either: 1. Pay the debt or demand claimed, with the costs of the suit and of the proceedings against him; or: 2. Give security to the satisfaction of the officer before whom the hearing shall be had, that the debt or demand of the plaintiff, with the costs of the suit and proceedings aforesaid, shall be paid within ninety days, if a judgment shall have been recovered thereon; or within ninety days after such judgment shall be obtained, in case no judgment shall have been rendered thereon; or: 3. Enter into a bond to the complainant in a penalty not less than twice the amount of the debt or demand claimed, with such surety or sureties as shall be approved by such officer, conditioned that such defendant will, within thirty days thereafter, apply for an assignment of all his property, and for a discharge, as provided in the one hundred and forty-third chapter of these Revised Statutes, and diligently prosecute the same until he obtains such discharge. (5397.) SEC. 11. Any defendant committed as above proin custody as pris vided, shall remain in custody in the same manner as other prisoners on criminal process, until a final judgment shall have been rendered in his favor, in the suit prosecuted by the creditor at whose instance such defendant shall have been (a) As Amended by Act 30 of 1849. Jaws of 1849, p. 22. |