570.401 Repeal; saving clause. Sec. 1. That chapter 122 of the Revised Statutes of 1846, and an act entitled “An act to amend an act to regulate proceedings in the collection of demands against ships, boats and vessels,” approved April first, 1850, and an act entitled “An act to amend chapter 122 of the Revised […]
570.402 Liens upon certain watercraft for certain debts. Sec. 2. Every watercraft of above 5 tons burthen, used, or intended to be used, in navigating the waters of this state, shall be subject to a lien thereon— First. For all debts contracted by the owner or part owner, master, clerk, agent or steward of such […]
570.403 Complaint; filing, jurisdiction of courts in certain counties. Sec. 3. Any person claiming to have any such lien as is specified in the preceding sections may file a complaint, giving security for costs as hereinafter provided with the clerk of the circuit court of any county, setting forth, in separately numbered articles, the facts […]
570.404 Warrant, summons; issuance, contents, return date. Sec. 4. Upon filing such complaint, the clerk shall enter the same in a separate calendar to be kept for that purpose, and shall issue a warrant to the sheriff of the county, under the seal of the court, and returnable in not less than 14 nor more […]
570.405 Warrant; execution by sheriff. Sec. 5. 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 seized by him to be disposed of as hereinafter provided. History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL 1871, 6651 […]
570.406 Warrant; return. Sec. 6. Such sheriff shall also, within 10 days after such seizure, make a return to the court who issued the warrant, stating therein, particularly, his doings in the premises, and shall make out, subscribe and annex thereto a just and true inventory of all the property so seized. History: 1864, Ex. […]
570.407 Warrant; number against same craft, limitation. Sec. 7. 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, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL 1871, 6653 ;– How. 8241 ;– CL 1897, 10794 ;– CL 1915, […]
570.408 Notice on return of warrant; publication. Sec. 8. Upon return being made to such warrant, unless the vessel has been bonded, as hereinafter provided, the clerk shall immediately cause the notice hereinafter specified, to be published in some daily or weekly newspaper printed in the county in which the warrant shall have been issued, […]
570.409 Warrant; contents. Sec. 9. 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 of the alleged claim, with amounts, and a citation to all persons to intervene for their interest, on a day certain, or that said claim will […]
570.410 Intervening complaints; rights, summons. Sec. 10. 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 a complaint as hereinbefore provided, entitled an intervening complaint and the complainant or any other person interested may defend any complaint by filing an […]
570.411 Intervening complaints; time for filing. Sec. 11. 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, any intervening complainant may file his complaint against any surplus proceeds remaining in court after payment of claims filed before sale, and the […]
570.412 Liens not filed before sale; cessation. Sec. 12. 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, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL 1871, 6658 ;– How. 8246 ;– CL 1897, 10799 ;– CL 1915, […]
570.413 Writ of restitution; application, issuance. Sec. 13. 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 be made as hereinafter provided, apply to the clerk issuing the warrant for a writ of restitution. Said writ shall command the sheriff […]
570.414 Bond on restitution; conditions, sureties. Sec. 14. Such person shall execute and file with the clerk a bond to the parties having previously filed complaints, in a penalty at least double the aggregate of the sums alleged to be due in all such complaints previously filed: Provided, That upon good cause shown by affidavit, […]
570.415 Bond on restitution; notice of application; sureties, justification and examination. Sec. 15. Upon application to the clerk to bond, as aforesaid, notice thereof shall be given to the attorney of the complainants, of at least 3 hours if the attorney reside in the same city or village with the clerk, and if not, the […]
570.416 Motion for additional security. Sec. 16. If such complainant shall at any time become satisfied that his security has become imperiled, he may by motion founded upon affidavit filed, and upon notice served with copy of papers, move the court or judge thereof to direct the giving of additional security, which motion shall be […]
570.417 Order of appraisement; issuance of writ of restitution; court order for sale to prevent loss. Sec. 17. If any party in interest so elect, in place of bonding as aforesaid, he may apply to the court or judge thereof upon like notice as aforesaid, for an order of appraisement of such water-craft so seized, […]
570.418 Writ of restitution; issuance by clerk upon receipt of security, discharge from lien. Sec. 18. Upon receiving a bond or deposit as aforesaid, it shall be the duty of the clerk to issue a writ of restitution, directing the person who seized the water-craft to deliver the same to the person from whose possession […]
570.419 Entry of appearance; notice, default. Sec. 19. Within 14 days after the return day of the summons, if personally served, or if not served then within the time prescribed in the published notice, the owner or any person interested adversely to the claims mentioned in the notice, may enter an appearance by attorney, in […]
570.420 Answer or demurrer; time for filing, effect of answer. Sec. 20. Within 10 days after service of a copy of complaint unless on cause shown, further time shall be allowed by the circuit judge, or circuit court commissioner of the proper county, the party defending shall demur or file his answer upon oath or […]
