HOUSE BILL No. 4680

 

 

May 31, 2017, Introduced by Reps. Alexander and Howrylak 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.____ or House Bill No. 4681 (request no.

 

00909'17).

 

     (b) Senate Bill No.____ or House Bill No. 4682 (request no.

00910'17).