R. S. of N. Y., Title 5, Chap. 8, Action on official Pleadings, etc., therein. Other delinquencies not affected. Other parties may sue. When same plaintiff may sue. Scire facias not to be brought. Such actions to be deemed private suits. Chapter One Hundred and Twenty of Revised Statutes of 1846. (4918.) SECTION 1. Whenever a Sheriff shall have become liable for the escape of any prisoner committed to his custody, or whenever he shall have been guilty of any default or misconduct in his office, the party injured thereby may prosecute an action therefor, upon the official bond of such Sheriff, in the name of the People of the State of Michigan, stating in the process, pleadings, proceedings and record in such action, that the same is brought for the use or benefit of such party; and such party shall be deemed the plaintiff in such action. (4919.) SEC. 2. In such action the same pleadings and proceedings shall be had, as are provided by law in the case of suits upon bonds with other conditions than for the payment of money, except as herein otherwise provided, and judgments shall be rendered for the defendants in the like cases. (4920.) SEC. 3. But such judgment shall not be a bar to any other suit that may be brought on the same official bond by the same plaintiff, for any other delinquency or default of such Sheriff, than such was assigned as a breach of the condition of such bond, in the action in which such judgment was rendered. (4921.) SEC. 4. During the pendency of any suit upon such official bond, or after judgment rendered in such suit, any other party aggrieved by the default or delinquency of such Sheriff, may, in like manner, prosecute an action upon such official bond; and the pendency of any other suit on the same bond, or a judgment recovered by or against any other person on such bond, shall not abate, or in any manner affect such suit, or the proceedings therein, except as hereinafter provided. (4922.) SEC. 5. Any person who may have recovered any judgment upon such official bond, may, in like manner, prosecute upon such bond, whenever he is aggrieved by any other default or delinquency than such as shall have been the subject of the former action, and shall proceed therein in like manner as hereinbefore provided. (4923.) SEC. 6. No scire facias shall be brought upon any judgment rendered upon such official bond, by the party for whose use such judgment was obtained, or by any other person, for any breach of the condition of such bond. (4924.) SEC. 7. Every suit brought upon such official bond, and every judgment rendered therein, shall be deemed the private suit and judgment of the party for whose use the same shall be brought or obtained; and such suit may be discontinued, and such person may be non-suited as in private suits; and the judgment therein may be canceled and discharged by such person, in the same manner as if he were the nominal plaintiff, and shall be deemed satisfied in the same cases as judgments by individuals. against plaintiff (4925.) SEC. 8. If the suit be discontinued, or the person Judgment for whose use the same was brought be non-suited, or judg-in interest. ment be rendered for the defendants, upon verdict, demurrer or otherwise, costs shall be awarded against such person as if he were the nominal plaintiff, and judgment shall be rendered for such costs, and execution awarded against him thereon in the same manner. judgment reco able. (4926.) SEC. 9. No such suit shall be barred, nor shall the When notice of amount which the plaintiff may be entitled to recover therein, vered not availbe affected by any notice given by any surety in such bond, of a judgment recovered thereon, unless it be accompanied by an allegation that the sureties in such bond, some or one of them, have been obliged to pay the damages assessed by such judgment, or some part thereof, for the want of sufficient property of such Sheriff whereon to levy the same, or that they will be obliged to pay the same, or some part thereof, for the same reason; nor unless such notice be verified by the oath of the defendant giving the same. be acquitted. (4927.) SEC. 10. If it shall appear that the amount of any When surety to damages so recovered, which such surety has been obliged to pay, or will be obliged to pay, as specified in the last section, is equal to the amount for which such defendant shall be liable, by virtue of the bond, he shall be acquitted and discharged of all further liability, and judgment shall be rendered in his favor. to surety in estima (4928.) SEC. 11. If it shall appear that the amount of any Allowance damages so recovered, which such surety has been obliged to ting liability. pay, or which he will be obliged to pay, is not equal to the liability of such surety, the amount thereof shall be allowed to such defendant, in estimating the extent of his liability in any such action. cution. (4929.) SEC. 12. Whenever a judgment shall be obtained Direction on Exeagainst a Sheriff and his sureties, a direction shall be endorsed on the execution issued thereon, by the attorney issuing the same, to levy the amount of such execution, in the first place, of the property of such Sheriff, and if sufficient Several judgments; distribution. Distribution of moneys collect ed. Suits on official Bonds of other officers. ings as on official property of such Sheriff cannot be found to satisfy such execution, then to levy the deficiency of the property of the sureties. (4930.) SEC. 13. Whenever several judgments shall be obtained at the same term, upon any official bond of a Sheriff, for damages, amounting in the whole to more than the sums for which the sureties therein shall be liable, the Court shall order the moneys levied upon such judgments from the property of the sureties, to be distributed to the persons for whose use such judgments were recovered respectively, in proportion to the amount of their respective recoveries. (4931.) SEC. 14. If executions be issued upon several judg ments obtained at the same term, upon any such official bond, and sufficient moneys shall not be raised to satisfy all of the said executions, the Court shall distribute the moneys collected on such executions, to the persons, respectively, for whose use such judgments were recovered, in proportion to the amount of their respective recoveries. (4932.) SEC. 15. Suits upon the official bonds of Registers of the Courts of Equity, Clerks of the Supreme Court, Clerks of Counties, Registers of Deeds of Counties, Masters in Chancery, Notaries Public, and of all other officers required to give bond to the People of this State, in relation to which no other provision of law is or shall be made, may be prose cuted by any person aggrieved by any delinquency or misconduct of such officers respectively, and such suits shall be prosecuted, and judgments rendered therein, in the same manner herein prescribed in relation to suits on the official bonds of Sheriffs, and with the like effect. Same proceed- (4933.) SEC. 16. All the provisions of this chapter, relating Bonds of Sheriffs. to suits upon the official bonds of Sheriffs, and to the proceedings, pleadings, judgments, executions, and distribution of moneys collected therein, shall apply to suits upon the official bonds mentioned in the preceeding section, so far as the same may be applicable thereto. CHAPTER CXLIX. OF PROCEEDINGS FOR THE COLLECTION OF DEMANDS AGAINST SECTION 4934. What claims to be a lien. 4935. Application for Warrant to whom made. 4938. To be executed. 4939. Return. 4940. When no other Warrant to be issued. 4943. How other claimants may become Attach- 4944. Liens not presented to cease. 4947. Proceedings to cease on giving Bond. 4954. Return of Sheriff after sale. 4955. Order for publishing notice of distribution. 4956. Proceedings on day appointed in notice. 4957. Proceedings if claim contested. SECTION 4958. Powers of officer in determining contested 4959. Proceedings if Jury required. 4960. Effect of verdict, etc. 4961. Appeals, how taken. 4962. Distribution after determination of con tested claim. 4963. Order for payment according to distri 4964. Apportionment of proceeds, if insufficient 4965. Officer issuing Warrant to file report of 4969. When no proceedings to be had under this 4970. Penalties upon defaulting Jurors and Wit nesses. 4971. When proceedings, etc., to be amended. Chapter One Hundred and Twenty-Two of Revised Statutes of 1846. be a lien. (4934.) SECTION 1. Every ship, boat or vessel used or inten- What claims to ded to be used in navigating the waters of this State, shall be subject to a lien thereon: 225. 17 John. R., 1. For all debts contracted by the master, owner, agent or 1 Mich. Rep., 469, consignee thereof, on account of supplies and provisions fur-2 do. 350. nished for the use of said ship, boat or vessel; on account of 54. work done or services rendered on board such ship, boat vessel by seamen or other persons employed thereon; or for 14 11. Rep., 361. 1 Wend., 557. or 5 do. 510. 3 Mich. Rep., 1. 3 Comstock, 439. furnishing board and lodging, or both of them, to persons engaged in constructing, repairing, or in any other manner about such boat or vessel; on account of work done or materials furnished by mechanics, tradesmen or others in or about the building, repairing, fitting, furnishing or equipping such ship, boat or vessel; Application for Warrant to whom made. And see Laws of 14. 2. For all sums due for wharfage or anchorage of such ship, boat or vessel within this State; 3. For all damages arising from the non-performance of any contract of affreightment, or of any contract touching the transportation of persons or property, entered into by the master, owner, agent or consignee of such ship, boat or vessel; 4. For all damages arising from injuries done to persons or property, by such ship, boat or vessel, where the same shall have occurred through the negligence or misconduct of the master or hands employed thereon. (a) (4935.) SEC. 2. Any person having any such claim or demand as is specified in the preceding section, may make application 1857, p. 293, Sec. to any officer authorized to perform the duties of a Justice of the Supreme Court at Chambers, or to any Judge of any Court of Record in the county within which such ship, boat or vessel shall then be, for a warrant to enforce the lien of such claim or demand, and to collect the amount thereof. to specify. 306. What application (4936.) SEC. 3. Such application shall be in writing, and 1 Doug. Mich, shall specify the particulars of such demand, and in whose favor the same accrued, and the amount due the creditor or claimant, over and above all payments and discounts, as near as may be; and shall be verified by the affidavit of such creditor or claimant, or of some other credible person having knowledge of the facts. Warrant to be issued. (4937.) SEC. 4. The officer to whom such application shall be made, shall thereupon issue his warrant to the Sheriff of the county, or any constable thereof, commanding him to seize and safely keep such ship, boat or vessel, her tackle, apparel and furniture, to answer all such liens as shall be established against it according to law, and to make return of his proceedings under such warrant to the said officer, within ten days after such seizure. (b) (a) As Amended by Act 204 of 1850. Laws of 1850, p. 205. (b) As Amended by "An Act to Amend Chapter 122 of the Revised Statutes." Approved Feb. ruary 17, 1857. Laws of 1857, p. 407. This Act Amends Sections 4, 15 and 17, as here given. |