constables are authorized to perform in cases in Justices' Courts, and the venire shall be directed to the Sheriff or any constable of the county.

etc.

(4960.) SEC. 27. The determination of the officer, or the Effect of verdict, verdict of the jury, upon such trial, as the case may be, shall be final and conclusive between the parties, unless an appeal shall be taken therefrom to the Circuit Court for the same. county, as hereinafter provided.

ken.

(4961.) SEC. 28. Either party considering himself aggrieved Appeals, how ta by the determination of such officer, or the verdict of such jury, may appeal therefrom to the Circuit 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 in all respects, as in cases of appeals from judgments rendered before Justices of the Peace, and costs shall be awarded and collected in such Circuit Court in the same manner.

determination of

(4962.) SEC. 29. Upon the final determination of such claim, Distribution after the officer before whom the proceedings were pending, shall contested claim. proceed to make distribution of the proceeds of such ship, boat or vessel, her tackle, apparel and furniture, after deducting the expenses of the proceedings before him, among the attaching creditors, according to the amount due to each.

ment according

1 Wendell, 39.

(4963.) SEC. 30. When a distribution shall be made by such order for payofficer, pursuant to either of the foregoing provisions, he to distribution. shall make an order on the Sheriff having such proceeds in his hands, directing him to pay the same to the several attaching creditors entitled thereto, according to such distribution, and the same shall be paid accordingly; and all moneys remaining in the hands of such Sheriff, after such payment, shall be paid to the owner, agent, consignee or master of such ship, boat or vessel.

proceeds if insuf

claims.

(4964.) SEC. 31. If the proceeds arising from the sale of any Apportionment of ship, boat or vessel, shall not be sufficient, after deducting all icient to pay all legal charges, to satisfy all the claims against it, exhibited and established as herein provided, the officer shall order a fair and just distribution of such proceeds among the creditors, whose claims shall have been ascertained as provided in this chapter, in a just and equal proportion to the amount of such claims respectively.

warrant to le re

(4965.) SEC. 32. Every officer who shall issue any warrant Officer issuing pursuant to the foregoing provisions, shall cause the appli-port of proceed cation, affidavits and proofs presented to him by the attaching of Circuit Court.

ing with Clerk

Effect of report, etc., as evidence.

Court may correct errors in pro ceedings.

How Sheriff may

be compelled to

etc.

creditors, and copies of all warrants issued, and of all orders made by him, with a list of the fees and expenses allowed by him, and a report of all the proceedings had or done by him, to be filed in the office of the Clerk of the Circuit Court for the county in which the proceedings are had.

(4966.) SEC. 33. Such report, and a copy thereof duly certified by the clerk, shall be conclusive evidence that the proceedings stated therein were had before such officer.

(4967.) SEC. 34. Upon such report being made, the Court may correct any errors that shall appear to have been committed in the proceedings, and make such order as shall be just, and may remit the proceedings to the officer who issued the warrant, or the Court may proceed to do such acts and things as shall be necessary in the premises.

(4968.) SEC. 35. Every Sheriff to whom a warrant may have return inventory, been delivered, may be compelled by the officer having jurisdiction of the proceedings thereon, to return the inventory required to be taken by him, and to pay over moneys in his hands, pursuant to any order for that purpose, by an order of such officer, and by process of attachment for disobedience thereto, on the application of any creditor.

When no proceedings to be

Chapter.

(4969.) SEC. 36. No proceedings under this chapter, to had under this enforce the liens authorized by the provisions thereof, shall be had against any vessel which shall have been seized by virtue of process issuing from any Court of the United States having admiralty jurisdiction, while such vessel is actually held under such seizure; nor against any vessel which shall have been sold by order of such Court, except for debts contracted, or damages sustained after such sale; but nothing in this section contained shall be construed to impair the validity of any liens created by this chapter, the payment of which shall be decreed in any Court of the United States.

Penalties upon

defaulting Jurors

(4970.) SEC. 37. Every person summoned as a juror, or and Witnesses. subpoenaed as a witness, who shall not appear, or appearing shall refuse to serve or to testify, in any proceeding had 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 had shall think proper to impose; and such officer is authorized and empowered 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.

An Act to Amend an Act entitled, "An act to Regulate Proceedings in the Collection of Demands
against Ships, Boats and Vessels."

[Approved April 1, 1850 Took effect May 31, 1850. Laws of 1850, p. 205.]

SEC. 1, 2. (e)

ings, etc., to be

(1971.) SEC. 3. No proceeding under the act to which this When proceedact is amendatory shall be abated, quashed or set aside for any amended.' clerical or circumstantial error, or any misnomer of a ship, boat or vessel, when the same can be amended without injustice; but in all such cases, amendments shall be granted on such terms as the Court shall think proper.

lection thereof.

(4972.) SEC. 4. The fees for keeping any ship, boat or vessel Fees. seized under the provisions of the act to which this is amendatory, shall be one dollar and fifty cents for every twenty-four hours; but the Court may in any case, allow as costs, any necessary expense arising from keeping such ship, Costs and the col boat or vessel; all other costs shall be such as are established by law for like services; and in any case where an action shall be brought upon any bond that may be given under the provisions of said act, for the release of any ship, boat or vessel, such costs shall be taxed against the party losing in such action.

ings may be fore another off

(4973.) SEC. 5. In case of the death, resignation, removal When proceedor absence of any officer before whom proceedings may have transferred bebeen commenced, under the provisions of this chapter, and cer. before the same shall have been completed and determined, it shall be lawful to transfer the warrant and proceedings to any other officer authorized to perform the duties of a Justice of the Supreme Court at Chambers, or to any other Judge of any Court of Record, in the proper county, who shall thereupon have jurisdiction of the cause or matter so transferred, in the same manner as if he had originally issued the warrant in the cause. Or, in case of the temporary absence of the officer before whom proceedings may have been commenced. under the provisions of this chapter, and before the same shall have been completed and determined, such other officer, or any Justice of the Peace of the proper county, may

(e) Amend Section 4934, as given above.

continue any such proceedings till the return of the officer before whom the same were commenced; but no such continuance shall extend beyond thirty days.

Chapter One Hundred and Twenty-Three of Revised Statutes of 1846

OF FORCIBLE ENTRIES AND DETAINERS.

(4974.) SECTION 1. No person shall make any entry into lands, tenements or other possessions, but in cases where entry is given by law; and, in such cases, he shall not enter with force, but only in a peaceable manner.

possession in

entry or detainer.

(4975.) SEC. 2. When any forcible entry shall be made, or Restoration of when an entry shall be made in a peaceable manner, and the case of forcible possession shall be unlawfully held by force, the person enti- 2 Doug, Mich., tled to the premises may be restored to the possession thercof, i Mich. Rep., 17. in the manner hereinafter provided.

368, 372.

be made.

(4976.) SEC. 3. The person entitled to the possession of the Complaint may premises, his agent or attorney, may make complaint in writing, and on oath, and deliver the same to a Circuit Court Commissioner, or a 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 he entered into the same with force, or that he unlawfully holds the same by force, as the case may be. (a)

complaint.

(4977.) SEC. 4. Upon receiving such complaint, the officer Process upon to whom the same is delivered, shall issue his warrant, directed to the Sheriff or any constable of the same county, commanding him to apprehend the person named in such complaint, and to bring him forthwith before such officer, to answer such complaint; or such officer may, at the option of the complainant, issue a summons against the defendant, as hereinafter provided, in cases of tenants holding over after the expiration of their term, and the same proceedings may be thereupon had as in case of a tenant holding over after the expiration of his lease.

ecuted.

(1978.) SEC. 5. The Sheriff or constable to whom any such warrant how exwarrant shall be delivered, shall execute the same by arresting the defendant, and bringing him forthwith before the officer issuing such warrant, and shall thereupon notify the complainant of such arrest.

plaint.

(4979.) SEC. 6. Upon the defendant being brought before Pleading to comsuch officer, on such warrant, he may plead not guilty to the Doug. Mich., complaint, or if he neglect or refuse to plead thereto, such officer shall enter such plea for him.

117.

issuing Warrant.

874

(4980.) SEC. 7. On such issue being joined, the officer issuing Powers of officer the warrant shall possess all the power necessary for the trial 2 Doug. Mich., and determination thereof, and shall proceed to hear and determine the same; and for that purpose may issue subpoenas for witnesses, and compel their attendance in like manner as

(a) As Amended by Act 206 of 1848. Laws of 1848, p. 313, Sec. 8. For a provision conferring jurisdiction in proceedings under this Chapter upon the Recorder of Grand Rapids, see Laws of 1857, p. 293, Sec. 14.