Discharge. Disposition of. Not subject to attachment. Assign ment, when valid. Where cash, etc., deposited. Proviso. Redemption of. Provisions (b) If such bond or bail be discharged, the court shall enter an order to that effect with a statement of the amount to be returned to the depositor. Upon presentation of a certified copy of such order, the treasurer having such cash, check or security shall pay or deliver the same to the person named therein or to his order. (c) In case such cash, check or security shall be in the hands of the sheriff or any officer, other than such treasurer, at the time it is declared discharged or forfeited, the officer holding the same shall make such disposition thereof as the court shall order, upon presentation of a certified copy of the order of the court. SEC. 16. Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before two witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating the desired disposition of the whole of the deposit. An assignment made before the order of the court directing the disposition of such cash, check or security shall be contingent upon the discharge of the same and shall not be valid or effective unless and until it is filed with the court having jurisdiction to discharge the bond or bail. No assignment made after the order of the court discharging such bail or bond shall be valid unless it is endorsed upon or attached to the certified copy of the discharge order presented to the treasurer or officer having custody of the cash, check or security. In case one or more assignments be filed with the court before the order discharging the bail or bond, the court shall, in the order, determine the persons to whom such cash shall be paid or securities delivered. SEC. 17. Any cash or securities received by any treasurer under the provisions of this chapter shall be deposited in a special fund or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general fund or corresponding fund of the state, county, city, village or township according to the nature of the case or in accordance with the order of the proper court: Provided, however, That when bonds or other securities are deposited the interest coupons shall not be detached therefrom but shall follow the disposition of the securities. SEC. 18. Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time. before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted. SEC. 19. Nothing in this chapter shall be construed to not repealed. repeal any of the provisions of act number three hundred thirty-two of the public acts of nineteen hundred nineteen, so far as the same may apply to commissions or bodies other than courts having jurisdiction of criminal cases, PUBLIC ACTS, 1927-No. 175. surety, who to administer. real estate. SEC. 20. In every court in this state having criminal juris- Oath to diction, each judge thereof shall have power in his discretion to to administer an oath to any proposed surety upon any recognizance given for the release of a person accused of any crime, offense, misdemeanor or violation of any city or village ordinance, to ascertain his financial condition. Each of the Pledge of judges of any such court shall have power in his discretion to require any surety upon any criminal recognizance taken before him, to pledge to the people of the state of Michigan, real estate owned by said surety and located in the county in which such court is established, the value of the interest of said surety in said real estate being at least equal to the penal amount of the said recognizance. Whenever such a pledge of real estate shall be required by any such court or by any of the judges thereof, of any proposed surety, there shall be executed by said surety the usual form of recognizance and in addition there shall be included in said recognizance, as a part thereof, an affidavit of justification in Affidavit of substantially the following form. Such affidavit shall be executed by the proposed surety under an oath administered by the clerk or any judge of said court. justin- STATE OF MICHIGAN SS: . residing at... himself as surety for... ..who offers ...being first duly sworn, deposes and says that he owns in his own right real estate subject to levy of execution located in the county of.. state of Michigan, consisting of... and described as follows, to-wit:.. that the title to the same is in his name only; that the value of the same is not less than $.... is subject to no encumbrances whatever except. ...and ..; that he is not surety mortgage of $.. upon any unpaid or forfeited recognizance and that he is not party to any unsatisfied judgment upon any recognizance; that he is worth in good property not less than $.. over and above all debts, liabilities and lawful claims against him and all liens, encumbrances and lawful claims against his property. . . . . . . . Each of the judges of any such court may, in his discretion Discharge. Disposition of. Not subject to attachment. Assign ment, when valid. Where cash, etc., deposited. Proviso. Redemption of. Provisions (b) If such bond or bail be discharged, the court shall enter an order to that effect with a statement of the amount to be returned to the depositor. Upon presentation of a certified copy of such order, the treasurer having such cash, check or security shall pay or deliver the same to the person named therein or to his order. (c) In case such cash, check or security shall be in the hands of the sheriff or any officer, other than such treasurer, at the time it is declared discharged or forfeited, the officer holding the same shall make such disposition thereof as the court shall order, upon presentation of a certified copy of the order of the court. SEC. 16. Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before two witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating the desired disposition of the whole of the deposit. An assignment made before the order of the court directing the disposition of such cash, check or security shall be contingent upon the discharge of the same and shall not be valid or effective unless and until it is filed with the court having jurisdiction to discharge the bond or bail. No assignment made after the order of the court discharging such bail or bond shall be valid unless it is endorsed upon or attached to the certified copy of the discharge order presented to the treasurer or officer having custody of the cash, check or security. In case one or more assignments be filed with the court before the order discharging the bail or bond, the court shall, in the order, determine the persons to whom such cash shall be paid or securities delivered. SEC. 17. Any cash or securities received by any treasurer under the provisions of this chapter shall be deposited in a special fund or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general fund or corresponding fund of the state, county, city, village or township according to the nature of the case or in accordance with the order of the proper court: Provided, however, That when bonds or other securities are deposited the interest coupons shall not be detached therefrom but shall follow the disposition of the securities. SEC. 18. Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted. SEC. 19. Nothing in this chapter shall be construed to not repealed. repeal any of the provisions of act number three hundred thirty-two of the public acts of nineteen hundred nineteen, so far as the same may apply to commissions or bodies other than courts having jurisdiction of criminal cases. surety, who real estate. SEC. 20. In every court in this state having criminal juris- Oath to diction, each judge thereof shall have power in his discretion to adto administer an oath to any proposed surety upon any recog- minister. nizance given for the release of a person accused of any crime, offense, misdemeanor or violation of any city or village ordinance, to ascertain his financial condition. Each of the Pledge of judges of any such court shall have power in his discretion to require any surety upon any criminal recognizance taken before him, to pledge to the people of the state of Michigan, real estate owned by said surety and located in the county in which such court is established, the value of the interest of said surety in said real estate being at least equal to the penal amount of the said recognizance. Whenever such a pledge of real estate shall be required by any such court or by any of the judges thereof, of any proposed surety, there shall be executed by said surety the usual form of recognizance and in addition there shall be included in said recognizance, as a part thereof, an affidavit of justification in Affidavit of substantially the following form. Such affidavit shall be cation. executed by the proposed surety under an oath administered by the clerk or any judge of said court. justifi residing at... himself as surety for.. who offers ...being first duly sworn, deposes and says that he owns in his own right real estate subject to levy of execution located in the county of. state of Michigan, consisting of.. and described as follows, to-wit:.. that the title to the same is in his name only; that the value of the same is not less than $................ ...and is subject to no encumbrances whatever except.. Each of the judges of any such court may, in his discretion and in addition to the above affidavit, require the proposed surety to depose under oath that he is not at the time of executing said recognizance and affidavit surety upon any other recognizance and that there are no unsatisfied judg Discharge. Disposition of. Not subject to attachment. Assign ment, when valid. Where cash, etc., deposited. Proviso. Redemption of. Provisions (b) If such bond or bail be discharged, the court shall enter an order to that effect with a statement of the amount to be returned to the depositor. Upon presentation of a certified copy of such order, the treasurer having such cash, check or security shall pay or deliver the same to the person named therein or to his order. In case such cash, check or security shall be in the hands of the sheriff or any officer, other than such treasurer, at the time it is declared discharged or forfeited, the officer holding the same shall make such disposition thereof as the court shall order, upon presentation of a certified copy of the order of the court. SEC. 16. Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before two witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating the desired disposition of the whole of the deposit. An assignment made before the order of the court directing the disposition of such cash, check or security shall be contingent upon the discharge of the same and shall not be valid or effective unless and until it is filed with the court having jurisdiction to discharge the bond or bail. No assignment made after the order of the court discharging such bail or bond shall be valid unless it is endorsed upon or attached to the certified copy of the discharge order presented to the treasurer or officer having custody of the cash, check or security. In case one or more assignments be filed with the court before the order discharging the bail or bond, the court shall, in the order, determine the persons to whom such cash shall be paid or securities delivered. SEC. 17. Any cash or securities received by any treasurer under the provisions of this chapter shall be deposited in a special fund or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general fund or corresponding fund of the state, county, city, village or township according to the nature of the case or in accordance with the order of the proper court: Provided, however, That when bonds or other securities are deposited the interest coupons shall not be detached therefrom but shall follow the disposition of the securities. SEC. 18. Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted. SEC. 19. Nothing in this chapter shall be construed to not repealed. repeal any of the provisions of act number three hundred thirty-two of the public acts of nineteen hundred nineteen, so far as the same may apply to commissions or bodies other than courts having jurisdiction of criminal cases. |