REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2558 Fees of sheriff; increase; mileage; liability.
(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; for a certified copy of the bond, if requested, $1.00.
(b) For every certificate on the sale of real estate, $1.50; and for each copy of the certificate, $1.50, which, together with the register's fee for filing the certificate, shall be collected as other fees on execution.
(c) For taking a bond for the liberties of the jail, $1.50.
(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.
(f) For bringing up a prisoner upon habeas corpus, $3.00, and for traveling each mile from the jail, 15 cents; for attending any court with that prisoner, $5.00 per day, plus actual necessary expenses.
(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 prisoner into the sheriff's custody, in either case, $15.00.
(h) For attending a view, when ordered by the court, $15.00 per day, including the time occupied in going and returning.
(i) For making and returning an inventory and appraisal to the appraisers, $10.00 for each day actually employed, and $5.00 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.
(j) For drafting an inventory, $1.25 for each page and for copying the inventory, 10 cents 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.
(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 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 not exceed 2 for each judge of the third judicial circuit.
(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.
(p) For posting notices on property for foreclosure sales, $16.00 for each posting, plus mileage.
(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.
(r) For each adjournment of the sale of land on the foreclosure of a mortgage by advertisement, $8.00.
(s) For serving notice of a person claiming title under a tax deed, in person and by mail, $16.00 plus mileage
(3) Mileage allowed under subsection (2) shall be computed in the same manner as provided for process served out of the circuit court under section 2559(3).
(4) Any 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 allowed by this section, shall, 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 sheriff or other officer who neglects or refuses any of the services required by law, after the fees specified have been tendered, shall be liable to the party injured for all damages which the party sustains by reason of that neglect or refusal.
History: 1961, Act 236, Eff. Jan. 1, 1963
Am. 1963, Act 170, Eff. Sept. 6, 1963
Am. 1974, Act 306, Eff. Jan. 1, 1975
Am. 1982, Act 173, Eff. Sept. 1, 1982
Am. 1996, Act 214, Imd. Eff. May 28, 1996
Am. 2002, Act 429, Imd. Eff. June 5, 2002
© 2015 Legislative Council, State of Michigan