Vacancies; how filled. Salary of judge. Clerk. Bond of clerk, the same notice as that herein prescribed for the election of the judge of said court. SEC. 5. In case of the absence from the city of the judge of said court, inability to attend, or a vacancy in his office, the recorder of said city shall act as the judge of said court; and, as such judge, shall have and exercise all the powers and duties of the judge of said court until he shall resume his office or such vacancy be filled. It shall be the duty of the common council of said city to cause an election to be held in said city to fill any vacancy in the office of judge of said court, the same as is provided by the charter of said city in case of vacancies in the office of mayor thereof. SEC. 6. The judge of said court shall receive from the treasury of the State of Michigan the same annual salary as may be payable to circuit judges, and payable quarterly. He shall also receive from the treasury of the city of Detroit such additional salary as shall be sufficient, with the sum so received from the State, to make the salary of said judge four thousand dollars in all. SEC. 7. The clerk of the county of Wayne shall be ex-officio clerk of said court. SEC. 8. The clerk of said court, before entering upon the duties of his office, shall give a bond to the people of the State of Michigan in the penal sum of ten thousand dollars, to be approved by the judge of said court, for the faithful discharge Condition of of the duties of said office. The condition of such bond shall be in substance as follows: Whereas, The above bounden,-is the clerk of the superior court of Detroit, now therefore, the condition of the above obligation is such, that if the said bond. shall faithfully, truly, and impartially enter and record all orders, decrees, judgments, and proceedings of the said court, and faithfully and impartially perform all other duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, and shall deliver to his successor in office all the books, records, papers, seals, and other things belonging to his said office, then the above obligation to be void; otherwise, in full force. clerk in and seal administer SEC. 9. It shall be the duty of said clerk to keep a true rec- Duty o ord of the proceedings, in proper books, to be provided for that keeping records, etc. purpose by the common council of the city of Detroit, at the expense of said city; to file and safely keep all books and papers belonging or pertaining to said court, and to enter and record all orders, decrees, judgments, and proceedings of said court. He shall sign and seal all writs and process issuing from said Shall sign court, and shall have power generally to administer oaths and writs, affidavits, and to do all acts authorized by law to be done by oaths, etc. clerks of circuit courts of this State. Said clerk, with the Deputies. approval of the judge of said court, may appoint one or more deputy clerks, as may be authorized by the common council of said city, and may remove the same. The compensation of such deputies shall be fixed by the common council of said city, and shall be payable from the city treasury; such deputies shall give such security as shall be required by ordinance of the common council for the performance of the duties of their office, and they shall have the same powers as are given to said clerk. SEC. 10. The clerk of said court shall receive such fees for Fees of lark his services in any cause pending in said court, or for other services, as are prescribed by law to be paid to clerks of circuit courts for similar services, excepting as provided in this act. He shall also receive such salary, not exceeding three thou-Salary. sand dollars and not less than two thousand dollars, as shall be voted to him by the common council of the city of Detroit, which shall be payable out of the treasury of said city. SEC. 11. Before any suit at law shall be commenced in said Court fees. court, there shall be paid to the clerk of said court, by the party commencing such suit, the sum of four dollars; and before any judgment shall be entered in any such suit, there shall be paid by the prevailing party to said clerk the sum of five dollars. The moneys so paid shall be for the use of said city, and To be for the shall be paid daily by the clerk to the city treasurer and placed use of the city and paid to the credit of the general fund, and the same shall be held to over by clerk as costs. be in full of all entry fees, jury fees, and all fees of the clerk of said court in any such suit from the commencement thereof to and including the issuing of execution or other final process. To be taxed The sum or sums so paid shall be taxed as costs of suit in favor of the party paying the same if he be the prevailing party in such suit, in addition to any other costs to which he may be entitled by law: Provided, That if a jury shall not be demanded, the sum so to be paid before entry of judgment shall be two dollars. Proviso. Sheriff and his deputies to attend court. Fees of. Jurisdiction of superior court. SEC. 12. The sheriff of the county and his deputies shall attend the sittings of said court, and he and they shall have the power, and it shall be their duty, under the direction of said sheriff, to execute all lawful precepts and commands of said court, and serve all lawful writs and process issuing therefrom. The fees of said sheriff and his deputies for services rendered in said court, and in all actions pending therein, shall be the same as those prescribed by law for similar services; but any portion of such fees, which, if the services had been. rendered in a circuit court would be chargeable to the county, shall be allowed by the common council of the city of Detroit, and paid from the treasury of said city. SEC. 13. The said superior court shall have original jurisdiction, and concurrent jurisdiction with the circuit court for the county of Wayne, in all civil actions of a transitory nature where the debt or damages exceeds the sum of one hundred dollars, and in which the defendants or one of them if there be more than one defendant, shall have been served with a copy of the declaration or with process within the city of Detroit, or in which the plaintiff shall reside in the city of Detroit, and the defendants or one of them if there be more than one defendant, shall be served with a copy of the declaration or with process in Wayne county. Said court shall also have jurisdiction of all actions of trespass quare clausum for injuries committed upon any land situated in the city of Detroit; all actions of ejectment for the possession of land situated in said city; all actions commenced by attachment against nonresidents, where the property attached is at the time of the service of the writ of attachment within said city; and the same jurisdiction as the circuit court for the county of Wayne, in all cases in equity in which any complainant or defendant shall be a resident of the city of Detroit, or in which the subject matter of such suit shall be situated or located in said city, and in all cases of foreclosure of mortgages upon land situated in the city of Detroit. court. SEC. 14. Said court shall have power to issue all lawful writs Power of and process, and to do all lawful acts which may be necessary and proper to carry into complete effect the powers and jurisdiction given by this act, and especially to issue all writs and process, and to do all acts which the circuit courts of this State within their respective jurisdictions may in like cases issue and to do, by the laws of the State of Michigan. All copies When writs, of declarations filed for commencement of suit, writs of sub-served. pœna, all writs of execution and other writs or process may be served beyond the limits of said city, which may in like cases be filed in the circuit court of said county, or issued by said circuit court and authorized by law to be served outside the limits of the county. etc., may be rules of court. SEC. 15. The practice and proceedings in said superior court Practice and shall be the same as those prescribed by law for circuit courts superior in this State, unless otherwise limited by this act; and the rules prescribed by the supreme court for the guidance and practice of circuit courts shall be the rules of said superior court, so far as the same may be applicable; but the said court may have the same power of making rules for said court as is given to circuit courts or the judges thereof. SEC. 16. There shall be six regular terms of said superior Terms. court held in each year, and the time of commencement of terms for each year shall be fixed by the judge of said court in Appeal. Court may adopt cer practice. the month of May in each year, and notices of the times of SEC. 17. Any complainant or defendant in any cause in SEC. 18. Said court may make and adopt rules of practice tain rules of for such court, in respect to times for pleading and serving notices of trial and other notices and filing notes of issue. Taxing of The same costs may be taxed in favor of the prevailing party as are authorized to be taxed in circuit courts. costs. Selection of SEC. 19. On the tenth days of May and November in each jurors. year, between the hours of ten and twelve in the forenoon, the judge and clerk of said court and the sheriff of the county of Wayne shall meet together in the office of the clerk of said court, and shall proceed in public to select from the last annual assessment roll of said city (which roll the proper custodian shall produce before them), a list of two hundred persons to serve as jurors in said superior court; the persons so selected, to be qualified electors of said city, of fair character, of sound mind, and capable of understanding and speaking List, by intelligibly the English language. Said list shall be signed by whom signed and said judge, clerk, and sheriff, and shall be filed in the office of the clerk of said court. If either of said officials shall not either official attend at the place and time aforesaid, the meeting shall stand Qualifications. where filed. In case of absence of بندانة |