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&c., in caso
be, as is provided in said chapters five and six, title four, part third of the revised statutes; but no justice of the peace shall give judgment in any such action, for more than one hundred dollars, and a certiorari or appeal shall be allowed on any such judgment, in the same manner, and with like effect, as upon other judgments rendered by justices of the peace.
$ 171. Nothing in this act contained, shall be construed to Warrant, prevent any justice of the peace from issuing a warrant, at- of contempt. tachment or execution, authorizing the arrest and imprisonment of any person proceeded against for contempt.
§ 172. Chapter five of title one, part third of the revised Repeal of statutes, entitled “of justices of the peace;" also, section visions of twenty-third of chapter six, title two, part third of the revised lutes, &c. statutes; also, the act, entitled "an act to extend the powers of justices of the peace, and for other purposes, approved April 6th, 1838, and all other acts and parts of acts, conferring powers and imposing duties upon justices of the peace in civil cases, contravening the provisions of this act, are hereby repealed.
§ 173. The repeal in the preceding section mentioned, shall Not to affect not affect any act done, or any right accruing or accrued, or done, &e. established, or any suit or proceeding commenced in any civil case, before the time this act shall take effect, but the proceedings in every such case shall be conformed, when necessary, to the provisions of this act.
Of proceedings against Corporations. $ 174. All actions of assumpsit, debt, covenant, and trespass Proceedinge on the case, against corporations, where the amount claimed, porations. or matter in controversy shall not exceed one hundred dollars, shall be cognizable before a justice of the peace, in like manner and with like restrictions as the same actions are, or inay hereafter be by law cognizable before a justice of the peace, when brought against an individual.
$175. The first process under this act, against a corporation, First proshall be by summons, and which shall be served by leaving a mons how true and attested copy thereof, with the president, cashier, secretary, or other principal officer of such corporation, or by
Execution in case of judgment levicd only on
in, when it
tiff has more
leaving such true and attested copy at the banking house, or office of such corporation, or at the last and usual place of abode of such president, cashier, secretary, or other principal officer, at least five days before the return day thereof; and upon perfecting such service, and upon legal return thereof made, such corporation shall be deemed in court, and the same proceedings, as near as may be, shall be thereupon had, as in cases of suit between individuals.
§ 176. When judgment shall be rendered against a corpora
tion, security for stay of execution may be entered, as in cases stay be put of judgment against individuals, executions shall be had only shall issue against the goods and chattels of such corporation, except in
cases where security for stay thereof has been entered, when execution may be had against the goods and chattels of both the corporation and of such persons or person as shall have be
come bail in such stay. When plain- § 177. If the plaintiff, at the time of the commencement of prowniskory the suit against a corporation, shall have in his possession, or he declares under his control, more promissory, or bank notes, or other cover costs evidences of debt than he declares, and obtains judgment for,
and he afterwards procures, or causes to be procured, on the judgment.
balance, or any part of the balance of the same, a judgment against such corporation, he shall not be entitled to recover costs on any but the first judgment, rendered, and to ascertain the fact, the defendant may require the plaintiff, or his agent, to make oath thereto, and if the amount so possessed by, or under the control of the plaintiff, as aforesaid, exceeds one hundred dollars, then said plaintiff shall be precluded from commencing a suit before a justice of the peace, and any suit so
, commenced, shall be dismissed by the justice, with costs against the plaintiff.
§ 178. No suit shall be commenced on any bank notes, until nust be pre. said notes shal Ihave been first presented for payment at the
banking house of the bank purporting to have issued them; nor until the person making application for process, shall have made oath that the demand on which he requests process to be issued, is his own property, or the property of the plaintiff in the suit,
on, not to re
on more than one
Before sne. ing a bark
and that the amount by him owned and possessed, does not exceed one hundred dollars.
to § 179. The five preceding sections shall not be construed to to munic hay
corporations extend to municipal corporations. § 180. The following forms, or others equivalent in sub- Forms to be
used by jusstance, shall be used by justices under the provisions of this act, that is to say:
Form of Summons.
In the name of the people of the state of Michigan, you are Summons. hereby commanded to summon
if shall be found within your county, to appear before me at in the [city, village or township,] of
in said county, on the
of the clock, in the noon, to answer unto
in to the damage of the said one hundred dollars, or under. Hereof fail not, and have you then this precept. Given under my hand, the
a plea of
A. B., Justice of the Peace.
Form of a Warrant. State of Michigan,
} County of To any constable of said county:
In the name of the people of the state of Michigan, you are Warrant. hereby commanded to take the bod of
if to be found in your county, and bring forthwith before me, to answer unto
in a plea of to the damage of the said
in the sum of one hundred dollars. Hereof fail not at your peril. Given under my hand, the day of
in the year
A. B., Justice of the Peace.
Form of a Venire for a Jury.
In the name of the people of the state of Michigan, you are hereby commanded to summon
to appear before me on the
at of the clock in the
noon, in the [city, village or township) of in said county, to make a jury for the trial of an action between
plaintiff, and fendant, and have you then and there this precept. Hereof fail not.
Given under my hand, the
A. B., Justice of the Peace. Form of a Subpæna.
State of Michigan,
In the name of the people of the state of Michigan, you are
of the clock in the noon, to give evidence in a certain cause then and there to be tried between
defendant, on the part of
Hereof fail not at your peril. Given under my hand, the
A. B., Justice of the Peace. Form of Writ of Replevin.
State of Michigan,}
Writ of replevin.
To any constable of said county:
In the name of the people of the state of Michigan, you are hereby commanded, that you take into your custody the following goods and chattels, to wit: [here describe them, with
their value, as in the affidavit,) and them safely keep until
plaintiff herein, shall satisfy and secure you by sufficient pledges, that he will well and truly prosecute to effect, this writ of replevin against
defendant herein, and return said goods and chattels to the said defendant, in case such return be ordered, and pay the
defendant, such damages as may be awarded him, if he succeed in his defence herein; and that on being so satisfied and secured, you deliver such goods and chattels to said
plaintiff, and summon the said defendant, to appear before me at
in the [city, village or township,] of
in said county,
of the clock in the noon, to answer the said
plaintiff, of and concerning the tortuous taking and unlawful detention, (or unlawful detention) of said goods and chattels, to his damage one hundred dollars and under. Hereof fail not, but of this writ make due return.
Given under my hand, this day of in the year A. D.
A. B., Justice of the Peace.
Form of an Attachment.
hath made oath that
in the sum of, [here describe the debt or demand as in the affidavit.] In the name of the people of the state of Michigan, you are, therefore, hereby commanded to attach the goods, chattels, rights and credits, moneys and effects of said
in your county, to be kept and disposed of according to law, [and in case of an affidavit against a garnishee, say either in the writ of attachment or separate summons, “and whereas, said