Section 600.2576 - Counties over 1,000,000; proceedings relating to realty; fees; dispositions.

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.2576 Counties over 1,000,000; proceedings relating to realty; fees; dispositions.

Sec. 2576.

(1) Before any action or proceeding for the recovery of possession of lands and buildings shall be commenced before referees, in counties having a population of 1,000,000 or more, there shall be paid to the clerk of the referees, by the party bringing the same the sum of $8.00, if there is only 1 defendant to said action or proceeding. Should there be more than 1 defendant to such action or proceeding, the party bringing the same shall pay to the clerk an additional sum of $5.00 for each additional defendant. Of the fees so collected the sum of 50 cents for each defendant shall be paid by the clerk to the Wayne county retirement system to be credited to the circuit court referees bailiff's retirement fund.

(2) The bailiff serving the summons in said action or proceeding shall receive for his services the sum of $4.50 for each defendant served.

(3) A fee in the amount of $8.00 shall be paid to the clerk of said commissioners for the issuance of a writ of restitution on the consummation of any action or proceeding before a circuit court commissioner. The bailiff serving said writ of restitution shall receive for his services the sum of $4.50.

(4) A fee in the amount of $2.00 shall be paid to the clerk of said commissioners upon the institution of proceedings under RJA chapter 61 for hearing and examination before a circuit court commissioner, and application for dissolution of attachment and also upon the filing of a demand for the examination of a garnishee defendant before a circuit court commissioner.

(5) Before any affidavit on appeal shall be served on a commissioner, in addition to the costs now provided by law for making returns to appeals, the further sum of $4.00 shall be paid to said clerk by the appellant or plaintiff in error, and the clerk therewith shall pay the entry fee in the circuit court and at the same time file therein the return to the appeal.

(6) The moneys so paid shall be for the use of the county and shall be held in full of all fees now allowed by law to said commissioners, from the commencement of such proceeding to and including the issuing of such final process as may be necessary to give effect to an order or judgment of such commissioner.

(7) The sum or sums so paid, including jury fees, shall be taxed as costs of suit in favor of the party paying the same if he is the prevailing party in the action in addition to any other to which he may be entitled by law.


History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, Act 198, Eff. Sept. 6, 1963 ;-- Am. 1969, Act 259, Imd. Eff. Aug. 11, 1969