Bill Text: MI SB0224 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil procedure; service of process; fees; increase. Amends sec. 2558 of 1961 PA 236 (MCL 600.2558). TIE BAR WITH: SB 0225'17, SB 0226'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-09 - Referred To Committee On Judiciary [SB0224 Detail]
Download: Michigan-2017-SB0224-Introduced.html
SENATE BILL No. 224
March 9, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2558 (MCL 600.2558), as amended by 2002 PA 429.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2558. (1) The sheriff is entitled to the fees provided in
this section and section 2559.
(2) The following fees of the sheriff are allowed:
(a) For taking a bond if the sheriff is authorized to take the
bond,
$1.50; $10.00; for a certified copy of the bond, if
requested, $1.00.
(b)
For every certificate on the sale of real estate, $1.50;
$10.00;
and for each copy of the certificate, $1.50,
$5.00, which,
together
with the register's fee for filing
the certificate, shall
must be collected as other fees on execution.
(c) For taking a bond for the liberties of the jail,
$1.50.$10.00.
(d)
For summoning a jury upon a writ of inquiry, attending the
jury,
and making and returning the inquisition, $5.00.
(e)
For summoning a jury pursuant to any precept or summons of
any
officer in any special proceeding, $5.00, and for attending the
jury
when required, $5.00.
(d) (f)
For bringing up a prisoner upon on habeas
corpus,
$3.00, and for traveling each mile from the jail, 15 cents; for
attending
any court with that the prisoner, $5.00 per day, plus
actual necessary expenses.
(e) (g)
For attending before any officer
with a prisoner for
the purpose of having the prisoner surrendered in exoneration of
his or her bail, or for attending to receive a prisoner so
surrendered,
who was not committed at the time, and receiving that
the prisoner into the sheriff's custody, in either case, $15.00.
(f) (h)
For attending a view, when ordered
by the court,
$15.00 per day, including the time occupied in going and returning.
(g) (i)
For making and returning an
inventory and appraisal to
the
appraisers, $10.00 $100.00
for each day actually employed, and
$5.00
$50.00 for each half day. The court, by rule, may adjust a
schedule fixing the amount of appraisal fees if the court considers
the statutory fee to be inadequate.
(h) (j)
For drafting an inventory, $1.25
$10.00 for each page
and
for copying the inventory, 10 cents $1.00 for each page.
(k)
For giving notice for general or special election to the
inspectors
of the different townships and wards of the county,
$1.00
for each township or ward, and the expenses of publishing the
notices
required by law, those fees and expenses to be paid by the
county,
as other contingent expenses of the election.
(l) For attending the supreme court by the order of
the court,
$10.00
for each day, to be allowed by the state treasurer on the
certificate
of the clerk, and paid out of the state treasury, not
taxable
as costs.
(i) (m)
For attending the circuit court, by
the order of the
court, $15.00 for each day, except in the county of Wayne; not
taxable
as costs. In the county of Wayne, there shall be paid to
the deputy sheriffs in actual attendance on the circuit court in
the
county such must be paid compensation as shall be fixed by the
board of commissioners in accordance with the county uniform salary
plan to be allowed and paid as other contingent charges of the
county
are paid; the number of deputies shall must not exceed 2 for
each judge of the third judicial circuit.
(j) (n)
For summoning grand or petit jurors
to attend the
circuit court, $2.00 for each juror summoned, not taxable as costs.
(o)
For keeping and providing for a debtor in jail where the
debtor
is unable to support himself or herself, $1.00 for each day
or
such sum as shall be fixed by the board of commissioners, to be
paid
by the creditor each week, in advance, and which sum the
creditor
shall be entitled to recover from the debtor.
(k) (p)
For posting notices on property for
foreclosure sales,
$16.00
$25.00 for each posting, plus mileage.
(l) (q)
For selling lands on the
foreclosure of a mortgage by
advertisement; and executing a deed to the purchaser and for all
services
required on that sale, $50.00.$75.00.
(m) (r)
For each adjournment of the sale of
land on the
foreclosure
of a mortgage by advertisement, $8.00.$15.00.
(n) (s)
For serving notice of a person
claiming title under a
tax
deed, in person and by mail, $16.00 $25.00 plus mileage
(3)
Mileage allowed under subsection (2) shall must be
computed in the same manner as provided for service of process
served
out of the circuit court under section
2559(3).
(4)
Any A sheriff or other officer who demands or receives any
greater fees or compensation for performing any of the services
mentioned
in this section than as is
allowed by this section ,
shall,
is, in addition to all other liabilities now provided
by
law,
be liable to the party injured, for paying the illegal fees,
in
3 times the amount so demanded, received, or paid, together with
all costs of the action.
(5)
Any A sheriff or other officer who neglects or refuses any
of
the services required by law , after
the fees specified have
been
tendered , shall be is liable to the party
injured for all
damages
which that the party sustains by reason of that the neglect
or refusal.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 226.
(b) Senate Bill No. 225.
