Michigan Compiled Laws Act 59 Of 1864 (Ex. Sess.) Lien On Watercraft (570.401 - 570.449)

• Section 570.401 Repeal; Saving Clause.
  That chapter 122 of the Revised Statutes of 1846, and an act entitled “An act to amend an act to regulate proceedings in the...
• Section 570.402 Liens Upon Certain Watercraft For Certain Debts.
  Every watercraft of above 5 tons burthen, used, or intended to be used, in navigating the waters of this state, shall be subject to...
• Section 570.403 Complaint; Filing, Jurisdiction Of Courts In Certain Counties.
  Any person claiming to have any such lien as is specified in the preceding sections may file a complaint, giving security for costs as...
• Section 570.404 Warrant, Summons; Issuance, Contents, Return Date.
  Upon filing such complaint, the clerk shall enter the same in a separate calendar to be kept for that purpose, and shall issue a...
• Section 570.405 Warrant; Execution By Sheriff.
  The sheriff to whom such warrant shall be directed and delivered shall forthwith execute the same, and shall keep the water-craft, and other property...
• Section 570.406 Warrant; Return.
  Such sheriff shall also, within 10 days after such seizure, make a return to the court who issued the warrant, stating therein, particularly, his...
• Section 570.407 Warrant; Number Against Same Craft, Limitation.
  Whenever any such warrant shall be issued, no other warrant shall issue against the said water-craft unless the first warrant be suspended. History: 1864,...
• Section 570.408 Notice On Return Of Warrant; Publication.
  Upon return being made to such warrant, unless the vessel has been bonded, as hereinafter provided, the clerk shall immediately cause the notice hereinafter...
• Section 570.409 Warrant; Contents.
  Such notice shall contain the names of the complainant, of the water-craft, the port to which she belongs, if known, and a brief statement...
• Section 570.410 Intervening Complaints; Rights, Summons.
  Any person having any interest in, or claim against the water-craft seized may intervene to protect such interest or collect such claim by filing...
• Section 570.411 Intervening Complaints; Time For Filing.
  Intervening complaints may be filed at any time before the sale of the water-craft, as hereinafter provided; and after sale under judgment or decree,...
• Section 570.412 Liens Not Filed Before Sale; Cessation.
  All liens upon any water-craft, which shall not be filed hereunder, before sale under decree or judgment, as hereinafter provided, shall cease. History: 1864,...
• Section 570.413 Writ Of Restitution; Application, Issuance.
  The master or any person interested in such water-craft, so seized as aforesaid may at any time before judgment or decree of sale shall...
• Section 570.414 Bond On Restitution; Conditions, Sureties.
  Such person shall execute and file with the clerk a bond to the parties having previously filed complaints, in a penalty at least double...
• Section 570.415 Bond On Restitution; Notice Of Application; Sureties, Justification And Examination.
  Upon application to the clerk to bond, as aforesaid, notice thereof shall be given to the attorney of the complainants, of at least 3...
• Section 570.416 Motion For Additional Security.
  If such complainant shall at any time become satisfied that his security has become imperiled, he may by motion founded upon affidavit filed, and...
• Section 570.417 Order Of Appraisement; Issuance Of Writ Of Restitution; Court Order For Sale To Prevent Loss.
  If any party in interest so elect, in place of bonding as aforesaid, he may apply to the court or judge thereof upon like...
• Section 570.418 Writ Of Restitution; Issuance By Clerk Upon Receipt Of Security, Discharge From Lien.
  Upon receiving a bond or deposit as aforesaid, it shall be the duty of the clerk to issue a writ of restitution, directing the...
• Section 570.419 Entry Of Appearance; Notice, Default.
  Within 14 days after the return day of the summons, if personally served, or if not served then within the time prescribed in the...
• Section 570.420 Answer Or Demurrer; Time For Filing, Effect Of Answer.
  Within 10 days after service of a copy of complaint unless on cause shown, further time shall be allowed by the circuit judge, or...
• Section 570.421 Interrogation; Appended To Pleadings, Filing; Answer.
  Any party complaining or defending may append to the complaint or answer, as the case may be, any pertinent interrogatories, or upon such motion...
• Section 570.422 Pleadings Subsequent To Answer; Amended Complaint.
  There shall be no pleadings subsequent to the answer, but within 10 days after filing and service of answer, or demurrer, the complainant or...
• Section 570.423 Exceptions To Answer.
  Complainant, or intervenor, may except to the answer, and either party may except to answer to interrogatories, for irrelevancy, or want of fullness, distinctness,...
• Section 570.424 Trial Or Hearing; Notice.
  Notice of trial or hearing may be for any day in term, and shall be of 10 days, exclusive of both day of service...
• Section 570.425 Trial Or Hearing; Jury Trial, Demand.
  The trial or hearing shall be by the court without a jury, unless a jury be demanded by either party, by filing the demand...
• Section 570.426 Evidence; Taking By Attorney Or Commissioner, Report To Court.
  The court may, by special order, refer any matter arising in the progress of the cause, to any attorney or circuit court commissioner, to...
• Section 570.427 Admiralty Principles; Applicability.
  All cases of general average, salvage and collision, and all cases relating to sailors' wages, or to the employment of seamen, arising under this...
• Section 570.428 Judgment For Complainant; In Personna.
  If, upon the trial or hearing, judgment or decree shall pass for complainant, and the water-craft has been discharged from custody, as herein provided,...
• Section 570.429 Judgment For Complainant; In Rem.
  In case the water-craft has not been discharged from custody, the judgment or decree shall be in form against the water-craft, with an additional...
• Section 570.430 Sale Of Craft; Writ.
  The clerk shall thereupon issue a writ of sale commanding the sheriff to sell such water-craft as directed in the judgment or decree, and...
• Section 570.431 Sale Of Craft; Duty Of Sheriff.
  It shall be the duty of the sheriff, upon receiving the amount of the bid from the purchaser, or in case the purchaser is...
• Section 570.432 Sale Of Craft; Bill Of Sale, Contents, Use As Evidence, Effect On Title.
  A copy of the last enrollment, if any, of such watercraft, shall be recited in the bill of sale, if such copy can be...
• Section 570.433 Sale Of Craft; Distribution Of Proceeds.
  The sum delivered by the sheriff, to the clerk as aforesaid, shall be distributed by the court, or by the circuit judge at chambers,...
• Section 570.434 Sale Of Craft; Distribution Of Surplus.
  Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid shall...
• Section 570.435 Sale Of Craft; Payment Of Claims Based On Subsequent Decree Or Appeal.
  In case the sum for which the water-craft is sold, is sufficient to pay all the claims filed before sale, with costs thereon, the...
• Section 570.436 Appeal To Supreme Court; Claim, Bond.
  Any party complaining or defending, who may think himself aggrieved by the final decree or judgment of the court, may appeal therefrom to the...
• Section 570.437 Appeal To Supreme Court; Transcript Of Record.
  Upon such appeal being perfected, it shall be the duty of the clerk to prepare a transcript of the pleadings, and the judgment or...
• Section 570.438 Appeal To Supreme Court; Hearing De Novo.
  The hearing in the supreme court shall be de novo upon such transcript and depositions, and further testimony taken as provided in the next...
• Section 570.439 Appeal To Supreme Court; Jurisdiction, Acquisition, Taking Of Testimony.
  The causes shall be considered as in the supreme court, from the perfecting of the appeal; and at any time within 60 days thereafter,...
• Section 570.440 Appeal To Supreme Court; Order.
  The supreme court shall hear and determine such appeal, and shall have power to reverse, affirm or modify the judgment or decree of the...
• Section 570.441 Appeal To Supreme Court; Judgment On Order.
  Upon filing a certified copy of the order of the supreme court in the court below, judgment shall be entered in accordance therewith, against...
• Section 570.442 Fees; Clerk, Sheriff, Attorney.
  The fees of the clerk and sheriff, shall be the same as now provided by law, in personal actions, in the circuit court, as...
• Section 570.443 Rules Of Practice.
  The supreme court may make any rules deemed necessary for the regulation of proceedings under this act, not conflicting with any of its provisions....
• Section 570.444 Proceedings Upon Cases Arising In Other States.
  In cases where by the general maritime law or laws of any other of the United States, now or hereafter to be passed, liens...
• Section 570.445 Enforcement Of Lien; Time Limitation, Effect Of Bona Fide Purchase Of Craft.
  Liens may be enforced under this act at any time within 6 years from their origin: Provided, That no lien shall be enforced against...
• Section 570.446 Costs; Security; Taxation, Appeal.
  The complainant and intervenors shall, at the time of filing their complaints, file security for costs to the satisfaction of the clerk; and the...
• Section 570.447 Proceedings And Practice; Depositions, Writs, Costs.
  The proceedings and practice under this act shall be the same as in personal actions at law except as herein otherwise provided so far...
• Section 570.448 Record Of Proceedings; Fee For Certifying Copies.
  The proceedings under this act shall be deemed matters of record, but the same shall not be required to be recorded at large, but...
• Section 570.449 Clerk Of Recorder's Court; Bond.
  The clerk of the recorder's court of the city of Detroit, before performing any duties under this act, shall file with the city clerk,...

Last modified: October 10, 2016