Copy of Exec u tion to be left (4477.) SEC. 39. The officer shall leave a copy of the execu with Cashier, etc. tion, certified by him, with the Clerk, Treasurer or Cashier of the Company, if there be any such officer, and if not, then with any officer or person who has, at the time, the custody of the books and papers of the corporation; and the property shall be considered seized on execution when such copy is left. Officer of Company bound to (4478.) SEC. 40. The officer of the company who is appointed give certificate. to keep a record or account of the shares or interest of the stocholders therein, shall, upon exhibiting to him the execution, be bound to give a certificate of the number of shares or amount of the interest held by such judgment debtor. Copy of Execution to be left, etc. When purchaser entitled to dividends. levied upon cor (4479.) SEC. 41. A copy of the execution and the return thereon, certified by the officer executing the same, shall, within fourteen days after the sale, be left with the officer of the company whose duty it may be to keep a record of the transfer of shares; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him, upon paying the fees therefor, and for recording the transfer. (4480.) SEC. 42. If the shares or interest of the judgment debtor shall have been attached in the suit in which the execution issued, the purchaser shall be entitled to all the dividends which shall have accrued after the levying of the attachment. How Executions (4481.) SEC. 43. Executions against corporations, when levied porate property. upon any corporate property, shall be levied in the same manner as other executions are levied, except in cases otherwise provided by law. order new Exe ecution returned When Court may (4482.) SEC. 44. If an execution shall be returned satisfied, cution, after Ex in whole or in part, by the sale of any property which shall eatisfied. afterwards appear not to have belonged to the judgment debtor, or not to have been liable to execution, and if any damages shall be recovered against the judgment creditor, or the officer who served the execution, on account of the seizure and sale of the property, the Court may, on the application of such judgment creditor, order a new execution to be issued on such judgment, for the amount then remaining justly and equitably due thereon. No female to be imprisoned in (4483.) SEC. 45. No female shall be imprisoned on any civil action. process in any civil action. cers for neglect Liability of offi- (4484.) SEC. 46. If any officer shall unreasonably neglect to to pay over pay any money collected by him on execution, when demanded by the creditor therein, he shall be liable to such creditor in five times the lawful interest thereon from the time of the demand until it is paid. moneys collect ed. ecution, how (4485.) SEC. 47. Whenever any person shall be arrested by Prisoners on Exvirtue of any execution issued upon any judgment, he shall kept. be safely kept in secure custody, in the manner prescribed by law, at his own expense, until he shall satisfy the execution, or be discharged according to law. surren dered by bail. (4486.) SEC. 48. Every person surrendered in exoneration Persons of his bail, shall be kept in like manner, until he shall satisfy the judgment rendered against him, or be discharged according to law. be set off. (4487.) SEC. 49. Executions between the same parties may Executions may be set-off one against another, if required by either party, in the manner, and subject to the provisions mentioned in the following sections. set-off. (4488.) SEC. 50. When one of the executions is delivered How Executions to an officer to be served, the person who is the debtor therein may deliver his execution to the same officer, whether the second execution is directed to the same or any other officer, and the officer shall apply it, as far as it will extend, to the satisfaction of the first execution, and make an endorsement of such application on each of said executions, and the balance due on the larger execution may be collected and paid in the same manner as if there had been no set-off. (4489.) SEC. 51. Such set-off shall not be allowed in the cases where setfollowing cases: 1. When the creditor in one of the executions is not the debtor in the other, in the same capacity and trust; 2. When the sum due on the first execution shall have been lawfully, and in good faith, assigned to another person, before the creditor in the second execution became entitled to the sum due thereon; 3. When there are several creditors in one execution, and the sum due on the other is due from a part of them only; 4. When there are several debtors in one execution, and the sum due on the other is due to a part of them only; 5. Nor shall it be allowed as to so much of the first execution as may be due to the attorney in that suit, for his taxable fees and disbursements. off not allowed. (4490.) SEC. 52. Whenever there shall be any reasonable when officer may doubt as to the ownership by a judgment debtor of any goods require in dem or chattels, or as to their liability to be taken upon an execu nity. Proceeding if bidder refuse to pay. Property sold to be specified in of officer for fraud. tion, the officer holding such execution may require of the judgment creditor sufficient security to indemnify him for taking such goods and chattels thereon; and if such security be refused, such officer shall not be liable for omitting to take such goods or chattels. (4491.) SEC. 53. If the highest bidder for any article at any sale on execution shall refuse to take and pay for it, the officer shall sell the same again at the same time, or within ten days thereafter, giving notice of the second sale, and he shall account for what he shall receive on the second sale, and for any damages that may be recovered of the first bidder, for any loss on the resale, as for so much received on the execution. (4492.) SEC. 54. The officer who shall make any sale on exereturn; Liability cution, shall, in his return on the execution, specify the articles sold, and the sum for which each articie or parcel was sold; and if he shall be guilty of any fraud in the sale, or in the return, he shall be liable to an action on the case, at the suit of the party injured, for five times the amount of the actual damages sustained by reason of such fraud. Construction of the word"team." not exempt from purchase price. An Act to Define and Amend the Eighth Subdivision of Section Twenty-Seven, of Chapter One [Approved March 31, 1849. Laws of 1849, p. 229.] (4493.) SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the eighth subdivision of section twenty-seven of chapter one hundred and six of the Revised Statutes of one thousand eight hundred and forty-six, be amended by adding to the end thereof the following: "The word team in this subdivision shall be construed to mean, either one yoke of oxen, a horse, or a pair of horses, as the case may be." Certain property (4494.) SEC. 2. The property exempted in the subdivision Execution for of which this act is amendatory, excepting mechanical tools and implements of husbandry, shall not be exempt from any execution issued upon a judgment rendered for the purchase money for the same property. SEC. 3. This act shall take effect and be in force from and after its passage. [Approved March 25, 1848. Took effect May 24, 1848. Laws of 1848, p. 124.] fined and ex (4495.) SECTION 1. Be it enacted by the Senate and House of Homestead deRepresentatives of the State of Michigan, That a homestead, empted." consisting of any quantity of land not exceeding forty acres, Constitution, Art. and the dwelling house thereon and its appurtenances, to be selected by the owner thereof, and not included in any recorded town plat or city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within a recorded town plat or city or village, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of this State, shall not be subject to forced sale on execution, or any other final process from a Court, for any debt or debts growing out of or founded upon contract, either express or implied, made after the third day of July, A. D. 1848. This section shall be deemed and construed to exempt such homestead in the manner aforesaid during the time it shall be occupied by the widow or minor child or children of any deceased person, who was, when living, entitled to the benefits of this act. (a) (a) As Amended by Act 144 of 1850, p. 135, approved and in force March 25, 1850 Exception to exemption. Proceeding under levy when Home been defined, etc. (4496.) SEC. 2. Such exemption shall not extend to any mortgage thereon lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same, unless such mortgage shall be given to secure the payment of the purchase money or some portion thereof. (b) (4497.) SEC. 3. Whenever a levy shall be made upon the ' stead has not lands or tenements of a householder, whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to sale under such levy. Duties of officer on levy in certain cases. How officer to sell and convey. House on land not his own exempted to owner. Act not to exempt land from ation. tax (4498.) SEC. 4. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set-off in a compact form, including the dwelling house and its appurtenances, the amount specified in the first section of this act, and the expense of said survey shall be chargeable on the execution, and collected thereupon. (4499.) SEC. 5. After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in other cases for the sale of real estate on execution, and in giving a deed of the same, he may describe it according to his original levy, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity set-off as aforesaid. (4500.) SEC. 6. Any person owning and occupying any house on land not his own, and claiming said house as a homestead, shall be entitled to the exemption aforesaid. (4501.) SEC. 7. Nothing in this act shall be considered as exempting any real estate from taxation or sale for taxes. (b) See Note (a). |