Bill Text: MI SB0733 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Agriculture: animals; hold period for livestock abandoned; modify. Amends sec. 37 of 1846 RS 126 (MCL 570.187) & adds sec. 37a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-28 - Referred To Committee On Natural Resources And Agriculture [SB0733 Detail]
Download: Michigan-2023-SB0733-Introduced.html
SENATE BILL NO. 733
A bill to amend 1846 RS 126, entitled
"Of the lien of mechanics and others,"
by amending section 37 (MCL 570.187) and by adding section 37a.
the people of the state of michigan enact:
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Sec. 37. (1) In either of the cases mentioned in the 2 preceding sections, Except as provided in section 37a, if the owner of or the person entitled to the property, materials, or stock so delivered, or the person entitled thereto shall not, delivered under section 35 or 36 does not, when such the article shall have been is constructed, completed, altered, fitted, or repaired, or the time having has expired for the keeping such to keep the
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article or stock, and the same being article or stock is ready to be delivered to such the owner or other persons, person, and the charges thereon shall be for the article or stock are due and payable, pay to such the mechanic, artisan, tradesman, or other person the amount of such the charges, the person having such the lien under section 35 or 36 may enforce the lien. same as hereinafter provided: Provided, however, Any mechanic, artisan or tradesman who shall make, clean, alter or repair any article of personal property at the request of the owner or legal possessor of property shall have a lien on such property so made, cleaned, altered or repaired for his just and reasonable charges for work done, and material furnished, and may hold and retain possession of the same until such just and reasonable charges shall be paid, and in default of payment may foreclose said lien, as hereinafter provided. When
(2) Except as provided in section 37a, if any property upon which a mechanic, artisan, tradesman, or other person shall have that has a lien for unpaid charges under this act shall remain remains in possession of a mechanic, artisan, tradesman, or other person without payment and or without proceeding at law in reference thereto, the mechanic, artisan, tradesman, or other person filing a suit under this act, for a period of 9 months, such the mechanic, artisan, tradesman, or other person may sell such the property at public sale upon like after providing notice and proceeding as in the case of a constable sale on execution. as required under this section.
(3) Thirty days before the date of said sale, such the sale under this section, the mechanic, artisan, tradesman, or other person shall give notice of the time and place of said the sale and
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the amount claimed , by depositing the same in the postoffice with postage prepaid and registered and addressed by registered mail to the last known address of the said owner or person who delivered said the property to such the mechanic, artisan, tradesman, or other person. and which The notice may be in substance as follows:
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................., Michigan. |
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..................., 19 20 .... |
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John Smith,Name of the owner or person who delivered the property, |
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............... Michigan. |
You are hereby notified that I hold the property hereinafter described in this notice and claim a lien upon on the same property for work, (and materials) materials, and expenses in connection therewith, with the property amounting to .................... dollars, and that I shall will offer said the property for sale at my place of business the following location (in the township of ......................), at number ................... street, in the city of ......................, county of ................., State of Michigan, on the ............ day of ................, at ............ o'clock in the .............., noon, to satisfy the amount of my said the claim and expenses.
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Said The property is described substantially as follows: |
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Signed, |
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.................. |
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(4) If such Except as provided in section 37a, if the owner or other person in his on the owner's behalf shall does not pay the amount of such the claim and charges before the advertised day of sale, said the property shall thereupon must be sold pursuant to
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said the notice of sale, to the highest bidder. , and said The mechanic, artisan, tradesman, or other person may become be the purchaser. The proceeds of such the sale shall must be applied to the payment of said the lien, costs, and expenses, and the balance, if any, shall must be paid to the city or township clerk of the city or township where such the sale takes place, for the benefit of such the owner, and notice of such the deposit shall must be sent to him the owner by registered mail.
Sec. 37a. (1) If an animal is abandoned in the care of a person and charges for the care of the animal are due to the person, the person has a lien against the animal under section 35.
(2) If a person gives notice under this section, the person in possession of the animal may sell the animal at a public sale after possessing the animal for 60 days without payment or the filing of a suit under this act.
(3) Thirty days before the date of the sale of an animal under this section, the person shall give notice of the time and place of the sale and the amount claimed by the person by registered mail to the last known address of the owner of the animal or to the person who delivered the animal under section 35. The form in section 37 may be used to give notice under this subsection.
(4) If the owner, or another person on behalf of the owner, does not pay the amount of the claim before the advertised day of sale, the animal must be sold to the highest bidder. The person selling the animal may be the purchaser. The proceeds of the sale must be applied to the payment of the lien, costs, and expenses of keeping the animal. The remaining balance, if any, must be paid to the city or township clerk of the city or township where the sale takes place.
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(5) The city or township clerk under subsection (4) shall send notice of the payment to the owner of the animal by registered mail. If the owner does not collect the balance under subsection (4) from the city or township clerk no later than 60 days after notice is sent, the city or township clerk shall pay the balance to the person that possessed the lien on the animal sold under this section.
(6) As used in this section:
(a) "Abandoned" means an animal that is not picked up at the agreed-upon time or paid for by the owner or a representative of the owner after any of the following:
(i) The animal is delivered under section 35.
(ii) The animal is left in the care of a local government.
(iii) The animal is found and taken in by a local government.
(b) "Animal" means any horse, mule, neat cattle, sheep, or swine.
(c) "Local government" means a county, city, township, or village or any political subdivision of a county, city, township, or village.
(d) "Person" means any individual, firm, partnership, association, corporation, or local government.
