Sec. 16.
Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before 2 witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating the desired disposition of the whole of the deposit. An assignment made before the order of the court directing the disposition of such cash, check or security shall be contingent upon the discharge of the same and shall not be valid or effective unless and until it is filed with the court having jurisdiction to discharge the bond or bail. No assignment made after the order of the court discharging such bail or bond shall be valid unless it is indorsed upon or attached to the certified copy of the discharge order presented to the treasurer, clerk or officer having custody of the cash, check or security. In case 1 or more assignments be filed with the court before the order discharging the bail or bond, the court shall, in the order, determine the persons to whom such cash shall be paid or securities delivered.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17178 ;-- CL 1948, 765.16 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970 Former Law: See section 4 of Act 332 of 1919.
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-V - Chapter V Bail (765.1...765.31)
Section 765.2 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.4 - Admission to Bail; Procedure for Information, Same as Under Indictment.
Section 765.5 - Admission to Bail; Persons Not Entitled.
Section 765.6a - Cash Bond or Surety as Condition of Granting Application for Bail.
Section 765.6c - Bail; Cash Deposit; Use.
Section 765.6d - Release on Bail; Waiver of Extradition.
Section 765.8 - Surety or Bail Posted by Attorney or Counselor Prohibited.
Section 765.9 - Surety; Person Acting in Same Capacity on Other Bond.
Section 765.10, 765.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.12a - Money Collected in Addition to Bail or Bond Money; Disposition; Purpose.
Section 765.13 - Depository; Receipt.
Section 765.14 - Deposit of Cash; Filing Duplicate Receipts in Court, Effect.
Section 765.16 - Subjection to Legal Process; Assignment.
Section 765.17 - Deposit in Special Fund; Interest.
Section 765.18 - Deposit of Cash; Redemption Before Forfeiture by Substitution of Bond.
Section 765.19 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.21 - Surety on Recognizance; Attachment of Lien; Record Notice of Lien, Form, Effect.
Section 765.22 - Surety on Recognizance; Discharge; Notice, Form.
Section 765.24 - Effect of Chapter on Certain Recognizances; Order Releasing Lien.
Section 765.25 - Perjury in Affidavit of Justification; Penalty.
Section 765.26 - Release of Surety; Arrest or Detention of Accused; Mittimus.
Section 765.27 - Action on Recognizance; Technicality as Bar.
Section 765.29 - Witness in Criminal Case; Necessity of Giving Bail for Appearance.
Section 765.30 - Minor or Material Witness; Recognizance.
Section 765.31 - Proceeding to Enforce Recognizance; Venue; Service of Process.