Page images
PDF

he or she shall be guilty of a misdemeanor, and for each offence shall be punished by a fine, not less than one hundred nor more than one thousand dollars. All property, debts, stock and choses in action acquired by any person trading or transacting business in his own name, with the addition of the words “agent,” “factor,” “and company,” or “& Co.,” and who does not disclose the name of a principal, or partner, liable for the payment of all the debts incurred in the course of his business, shall, as to all creditors of such person, be taken to be his individual property, and liable to his debts, as if it were acquired solely on his own account. Chap. 72, § 1 & 2. MICHIGAN. The legislature of Michigan, at the regular session thereof for the year 1839, passed one hundred and seventeen sta. tutes, and thirty-five joint resolutions. Exemption from Execution. Private libraries, (including maps, prints, philosophical apparatus, and cabinet,) not exceeding in value, in the whole, one hundred dollars, and family portraits, are exempted from execution. No. 10. Boats and Vessels. Every boat or vessel, used in navigating the waters of Michigan, is made liable : 1. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel ; on account of work done, or services rendered on board of such boat or vessel ; on account of labor done or materials furnished by mechanics, tradesmen and others, in and for the building, repairing, fitting out, furnishing or equipping such boat or vessel. 2. For all sums due for the wharfage or anchorage of such boat or vessel within this state. 3. For all demands or damages accruing 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 the boat or vessel, on which such contract is to be performed. 4. For all injuries done to persons or property by such boat or vessel, in all instances where the same is shown to have oc

curred through the negligence or misconduct of the master or
hands thereon employed.
Any person having a demand as aforesaid, may institute a suit
against the boat or vessel, instead of the master, owner, or con-
signee, at his option. No. 43, §§ 1 & 2.
Imprisonment for Debt and Fraudulent Debtors. § 1. No per-
son shall be arrested or imprisoned on any civil process issuing
out of any court of law, or justices' court, or on any execution is-
suing out of any court of equity, in any suit or proceeding instituted
for the recovery of any money due upon any judgment or decree
founded upon contract, or due upon any contract express or im-
plied, or for the recovery of any damages for the non-performance
of any contract.
§ 2. The preceding section shall not extend to proceedings as
for contempt to enforce civil remedies, nor to actions for fines and
penalties, 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.
§ 3. In all cases where, by the preceding provisions of this act,
a defendant cannot be arrested or 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 justices' court, to apply to any
judge of the court in which suit is brought, or to any justice of the
peace, before whom such suit has been commenced, or such judg-
ment has been obtained, or the justice of the peace before whom
such proceedings may have been transferred, for a warrant to ar-
rest the defendant in such suit.
§ 4. No such warrant shall issue unless satisfactory evidence
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, ac-
cording to the provisions of this act, cannot be arrested or impri-
soned, and establishing one or more of the following particulars:
1. That the defendant is about to remove any of his property

[ocr errors]

out of the jurisdiction of the court in which suit is brought, with intent to defraud his creditor or creditors : or 2. That the defendant has property or 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 such judgment or decree which shall have been rendered against him : or 3. That he has assigned, removed or disposed of or is about to dispose of any of his property, or rights in action, with the intent to defraud his creditor or creditors : or 4. That the defendant fraudulently contracted the debt, or incurred the obligation respecting which suit is brought. § 5. Upon such proof being made to the satisfaction of the officer, to whom the application shall be addressed, and upon security being given to the satisfaction of said officer for the costs of said proceedings, by such complainant, the said officer shall issue a warrant in behalf of the people of this state, directed to any sheriff, constable or marshal within the county where such officer shall reside, therein briefly setting forth the complaint, and commanding the officer to whom the same 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. § 6. The officer to whom such warrant shall be delivered shall execute the same, by arresting the person named therein and bringing him before the officer issuing such warrant, or in case of his absence or inability, to the nearest justice of the peace or magistrate having jurisdiction in the case, and shall keep him in custody, until he shall be duly discharged, or committed, as hereinafter provided. § 7. On the appearance of the person so arrested, before an officer, as provided in the foregoing section, he may controvert any of the facts and circumstances on which such warrant issued, and may, at his option, verify his allegation by his own affidavit, and in case of his so verifying the same, the complainant may examine such defendant on oath or affirmation, as the case may be, 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 times as such hearing shall be adjourned to ; and in case of such adjournment, such officer shall take a recognizance, with or without surety, at his discretion, from the defendant, for his appearance at the adjourned hearing. § 8. The justice of the peace or judge conducting such inquiry shall have the same authority to issue subpoenas for witnesses, and shall have the same power to enforce obedience to such subpoenas, and to punish witnesses refusing to testify, which is now conferred by law in civil cases, in the courts respectively, in which such proceeding originated, and witnesses wilfully disobeying such subpoena, shall be liable to the same penalties as are now prescribed by law in civil proceedings in the said respective courts. § 9. If such officer is satisfied that the allegations 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 act, 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. § 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 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 interest, with the costs of the suit and proceedings aforesaid, shall be paid within three months, if the debt or damage shall not

[ocr errors]

exceed twenty-five dollars; within six months, if such debt or damage shall be more than twenty-five dollars, and not exceeding fifty dollars; within nine months, if such debt or damage shall be more than fifty dollars, and not exceeding seventy-five dollars; within twelve months, if such debt or damage shall be more than seventy-five dollars, and not exceeding one hundred dollars; and within fifteen months, if such debt or damage shall exceed one hundred dollars : 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, apply for an assignment of all his property and for a discharge, as provided in the fourth chapter of title seventh, part third, of the revised statutes, and diligently prosecute the same until he obtain such discharge : or 4. If such defendant shall give a bond to such plaintiff, in the penalty and with the sureties above prescribed, conditioned that he will not remove any property, which he then has, out of the jurisdiction of the court in which such suit is brought, with the intent to defraud any of his creditors, and that he will not assign or dispose of any such property with such intent, or with a view to give a preference to any creditor for any debt antecedent to such assignment or disposition, until the demand of the plaintiff, with the costs, shall be satisfied, or until the expiration of three months after a final judgment shall be rendered in the suit brought for the recovery of such demand. § 11. Any defendant committed as above provided, shall remain in custody in the same manner as other prisoners in 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 committed, or until he shall have assigned his property, and obtained his discharge agreeably to the provisions of either the second, third, or fourth chapters of title seventh, part third of the revised statutes; but such defendant may be discharged by the officer committing him, on such defendant paying the debt or demand claimed, or giving security for the payment WOL. XXIII.-NO. XLV. 16

« PreviousContinue »