HB-6228, As Passed House, December 2, 2004
September 22, 2004, Introduced by Rep. Koetje and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2631 (MCL 600.2631).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2631. (1)
In any or on appeal from a civil cause,
2 action, proceeding,
or matter before any a court, board, or
3 commission in this state or
upon appeal from any action of any
4 such court, board or
commission, in any civil cause, action,
5 proceeding or matter where bond or bail of any character is
6 required or permitted for
any purpose, it shall be lawful for
7 the party or parties
required or permitted to furnish such the
8 bond or bail or bond
to may deposit , in lieu thereof, of
9 that bond or bail in the
same manner herein as provided in this
10 section for , cash,
satisfactory municipal bonds negotiable by
11 delivery, a certified
check or certified checks on any a state
House Bill No. 6228 as amended December 2, 2004
1 or national bank within this country payable to the officer with
2 whom such check is filed, or obligation of the United States
3 government negotiable by delivery, equal in amount to the amount
4 of the bond or bail.
so required or permitted.
5 (2) (1)
Any A person, firm, or corporation desiring to
6 avail himself of the
provisions of this section shall deposit or
7 cause may furnish bond or bail under this section by
depositing
8 or causing to be
deposited such cash or securities with the
9 county, city, village, or township treasurer of the county, city,
10 village, or township within which the bond or bail is to be
11 furnished. or,
in any case, with the state treasurer.
12 (3) (2)
Such treasurer, upon tender to him, A treasurer
13 described in subsection (2)
shall accept such cash or
14 securities upon tender and shall deliver to the depositor a
15 duplicate receipt
reciting the fact of such the deposit. [
16
17
18 ]
19 (4) (3) If
such bond or bail described in subsection (1)
20 is required to be
furnished after the office hours of any such
21 a treasurer with whom it
is desired to file such the cash or
22 securities, the deposit may be made with the chief clerk of
23 such the court, board, or commission or with
the sheriff of the
24 county or the deputy in charge of the county jail or the
25 sheriff's office, who
shall accept the same, giving duplicate
26 receipts therefor deposit, provide a duplicate receipt for the
27 deposit, and cause such
security the cash or securities to be
1 delivered to the proper
treasurer as above provided for within
2 described in subsection (2) not more than 48 hours thereafter
3 after it is deposited.
4 (5) (4) The
filing of 1 of such the duplicate receipts
5 provided under subsection (4) with the court, board, or
6 commission with which such
the bond or bail is required or
7 permitted to be filed shall
have has the same effect as the
8 furnishing of such the
bond or bail and shall be taken and
9 accepted by such the
court, board, or commission or by its
10 chief clerk in lieu of such
the bond or bail.
11 (6) (5) If
such bond or security be is discharged, an
12 order to that effect of
discharge shall be entered upon the
13 records of the court, board, or commission with a statement of
14 the amount to be returned to the person making the deposit under
15 this section. Upon
presentation to him the proper treasurer as
16 described in subsection (2)
of a copy of such the order ,
17 duly of discharge as certified by the chief clerk
of the court,
18 board, or
commission making the same order of discharge, the
19 proper treasurer shall pay to the person named therein in
the
20 order of discharge or to his or her order the amount specified or
21 shall return the
securities, as the case may be appropriate.
22 If the bond or security be
is forfeited, an order to that
23 effect of forfeiture shall be entered upon the
records of the
24 court, board, or
commission, and upon presentation to him the
25 proper treasurer as described in subsection (2) of a copy of
26 such order, the order of discharge as certified by the
chief
27 clerk of the court, board,
or commission making the same order
1 of discharge, the
treasurer shall make such disposition dispose
2 of the security as such
the order shall provide for of
3 discharge provides.
Money or securities deposited hereunder
4 shall not be under this section are not subject to
garnishment.
5 In case such If the cash or security is still in
the hands
6 possession of the clerk
of such the court, board, or commission
7 at the time the same bond
or bail is declared discharged or
8 forfeited, the clerk
shall make the same disposition of such
9 dispose of the security as the treasurer would be required to
10 make in similar circumstances. Whenever the order of the court,
11 board, or
commission requires, or contemplates the same, the
12 treasurer or clerk shall endorse to the proper party any
13 certified check deposited
with him the treasurer or clerk as
14 security.
15 (7) (6) Any
cash or securities received by any a
16 treasurer under the
provisions of this section shall be
17 deposited in a special fund or place of deposit subject to the
18 order of the proper court, board, or commission. Any interest
19 accumulating upon such
a fund under this subsection shall be
20 paid into the general
fund or corresponding fund of the state,
21 county, city, village, or township according to the nature of the
22 case or in accordance with the order of the proper court, board,
23 or commission. When bonds or other securities are deposited, the
24 interest coupons shall
not be detached therefrom from them but
25 shall follow the disposition of the securities.
26 (8) (7)
Any A person, firm, or corporation , availing
27 themselves of the
provisions of that furnishes bond
or bail
1 under this section may,
at any time , before forfeiture of the
2 same bond or bail, redeem any cash or securities so
deposited
3 under this section by substituting the bond originally required
4 or permitted.