discovery of etc. papers, (3392.) SEC. 14. The Supreme Court shall have power, in Power to compel all such cases as shall be deemed proper, to compel any party books, to a suit pending therein, to produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defence therein. to discovery. (3393.) SEC. 15. The Court shall, by general rules, prescribe Rules in relation the cases in which such discovery may be compelled, where 1 Kernan, 575. the same are not herein provided, and the costs of such proceedings shall always be awarded in the discretion of the Court. covery and order (3394.) SEC. 16. To entitle a party to any such discovery, Petition for dishe shall present a petition to the Court, or to any Judge in thereon. vacation, verified by oath, upon which an order may be granted by the Court or such Judge, for the discovery sought, or that the party against whom the same is sought show cause why the prayer of such petition should not be granted. (3395.) SEC. 17. Every such order may be vacated by the When order may Judge granting the same, or by the Court: 1. Upon satisfactory evidence that the same ought not to have been granted ; 2. Upon the discovery sought being made; 3. Upon the party required to make the discovery denying, on oath, the possession or control of the books, papers or documents ordered to be produced. / be vacated. ery ordered. (3396.) SEc. 18. The Court shall provide, by general rules, staying proceedfor the staying of proceedings in any case where such discov-ings when discov ery shall have been ordered, until such order shall have been complied with or vacated. glect (3397.) SEC. 19. In case any party refusing or neglecting to Remedies for ne obey any such order for discovery within such time as may be to obey or deemed reasonable, the Court may nonsuit him, or may strike out any plea or notice he may have given, or may debar him from any particular defence in relation to which such discovery was sought; and the power of the Court to compel such discovery shall be confined to the remedies herein provided, and shall not extend to authorize any other proceeding against the person or property of the party so refusing or neglecting. etc., produced. (3398.) SEc. 20. The books, papers and documents produced Effect of books, under any order made in pursuance of the preceding sections, shall have the same effect, when used by the party requiring them, as if produced upon notice, according to the practice of the Court. Court to prescribe practice in certain cases. To prescribe powers of Circuit Court as to (3399.) SEC. 21. The Supreme Court shall, amongst other things, regulate and prescribe the practice therein, and in the Circuit Courts, where the same is not prescribed by any statute, in relation to bills of exceptions, cases made by the parties, special verdicts, granting new trials, motions in arrest of judg ment, taxation of costs, giving notice of special motions, and of such other proceedings as the Court may think proper; staying proceedings when necessary to prevent injustice, and the hearing of motions, imposing terms, in their discretion, on granting such motions. (3400.) SEC. 22. In cases not otherwise provided for, the orders to stay Supreme Court shall have power, from time to time, by gen proceedings, etc. eral rules, to prescribe the cases in which the Circuit Courts, brought up by be a flirmed if divided in or any Judge thereof, or Circuit Court Commissioner, may grant orders to stay proceedings in causes and matters pending in the Circuit Courts, and upon process issued therefrom, the effect of such orders, and the terms and conditions on which they shall be granted. Judgment (3401.) SEC. 23. When the Judges of the Supreme Court appeal, etc. to shall be equally divided in opinion upon any case submitted to Judges equally them, brought before said Court by appeal, certiorari, or writ opinion. of error, the judgment or decree of the Court below shall be affirmed, provided three of said Judges shall concur in such opinion. Judges not to practice as Attorneys. Seals of the Arguments in ted in writing. SEC. 24. (c) (3402.) SEC. 25. No Judge of the Supreme Court shall practice as Attorney, Solicitor or Counsellor in any Court of this State. (3403.) SEC. 26. The ceals of the Supreme Court now in use shall continue to be used therein; and, with such other seals as may be devised for that purpose according to law, shall be the seals of said Court. (3404.) SEc. 27. All arguments of demurrers, cases, bills of may be submit exceptions, appeals, motions and other matters in the Supreme Court, may, at the option of the respective parties, be submitted to said Court in writing, subject to such rule as the Court may prescribe, except when such Court shall, by general or special rule or order, otherwise direct. Court may require oral testimony. (3405.) SEC. 28. The Supreme Court may, at any time, in accordance with, and for the speedy furtherance of justice in (c) Related to Salary of Judges, and is superseded. any suit, either at law or in equity, call upon the parties to such suit, or any witness thereto, to testify orally in open Court; and said Court may, by rule, provide for a similar practice in the Circuit Courts. cases to be deci (3406.) SEc. 29. All cases in the Supreme Court shall be Within what time decided and disposed of before or during the first week of the ded. term next succeeding the one when the the same is argued or submitted. in writing, signed Clerk. (3407.) SEC. 30. The decisions of the Supreme Court, with Decisions to be the reasons therefor, shall be in writing, and signed by the and filed with Judges concurring therein. Any Judge dissenting therefrom shall give the reasons of such dissent in writing, under his signature; and such opinions shall be filed in the office of the Dissenting Judge Clerk of the Supreme Court, where such opinions may have for dissent. been delivered. to give reasona be delivered to (3408.) SEC. 31. On or before the January Term in each When opinions to year, the Judges of the said Court shall deliver to the Reporter Reporter. of said Court copies of their decisions on all questions determined by said Court during the preceding year. eight of Revised ed. (3409.) SEC. 32. Chapter eighty-eight, title twenty-one, of Chapter Eightythe Revised Statutes of eighteen hundred and forty-six, and Statutes repealall acts and parts of acts contravening the provisions of this law, be and they are hereby repealed. effect. (3410.) SEC. 33. This act shall take effect and be in force when act to take from and after the first day of January, in the year one thousand eight hundred and fifty-two. SECTION 3421. Submission of Cases by agreement of par- cases. 3422. Questions may be reserved for decision of 3423. Writs of Supercedeas and Prohibition. 3425. Terms of Court may be held by others 3426. Journal of proceedings of Court. 3428. Clerk to pay them over to County Treas urer. 3429. When Act to take effect. 3430. Certain Counties included in the Third 3431, 3432. Duty of Judge relative to Terms of 3433. Jurisdiction of such Courts. 3435. Issues of Law or questions of fact, how 3436. Decision of Court; how and when given. SECTION 3438. Review of Evidence on Bill of Exceptions. 3439. Bill to be settled as Rules shall prescribe. 3440. Circuit Judge may transmit judgment in vacation; Clerk or Register to enter same. 8441. Notice of entry to be given. 3443. Provisions of certain Chapter to apply to 3444. Certain Act repealed. 3446. Order of transfer, how applied for; Par- 3447. Judge to appoint time of hearing application. 3448. Hearing, etc., cf application; Order of transfer. 3449. Where party or Attorney, etc., resident of some other County, transfers to be made to that County. 3450. On filing order, etc., Court to have Juris diction. 3451. Clerk to transfer Papers with copy of Records, etc. 3452. Fees of Clerk and Register on transfer. Division of the State into Circuits. (3411.) SECTION 1. The People of the State of Michigan enact, That the State shall be divided into eight judicial circuits, to be denominated the first, second, third, fourth, fifth, sixth, seventh and eighth circuits, respectively, and to be composed as follows: 1. The first, of the counties of Monroe, Lenawee and Hillsdale ; 2. The second, of the counties of Branch, St. Joseph, Cass and Berrien ; 3. The third, of the county of Wayne; 4. The fourth, of the counties of Washtenaw, Jackson and Ingham; 5. The fifth, of the counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren; 6. The sixth, of the counties of St. Clair, Macomb, Oakland and Sanilac; 7. The seventh, of the counties of Lapéer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola and Midland ; 8. The eighth, of the counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm. (a) (3412.) SEC. 2. The Circuit Judges of the several circuits Terms of Court respectively, shall annually hold two terms of the Circuit Court in each of the counties included within their respective circuits; and in counties containing ten thousand inhabitants or upwards, four terms of said Court shall be held in each year. Terms and pub of. (3413.) SEC. 3. Each of the Circuit Judges shall, on or Judges to appoint before the first day of November next, and every two years lish notice there. thereafter, fix and appoint the times of holding the several terms within his circuit, for the period of two years; which appointments, when so made, shall continue unalterable for two years thereafter; and he shall immediately transmit to the clerk of each county within his circuit, a notice of the appointment of terms so made by him; and it shall be the duty of such clerk to file and preserve such notice. And said Judge shall cause a copy of such notice to be published in two newspapers within his circuit once in each week for five successive weeks, and the last publication thereof shall be at least three weeks before the holding of any term in pursuance thereof; and the expense of such publication shall be paid out of the State Treasury, upon the warrant of the Auditor General. in case of non-atof (3414.) SEC. 4. If the Circuit Judge of the proper circuit Duty of Sheriff shall fail to attend at any place where a term of the Circuit tendance Court shall have been appointed to be held, by noon on the first day of said term, the Sheriff or Clerk of the county shall, on the first and second days of said term, open the Court by proclamation, at noon on the first day, and nine o'clock in the morning of the second day, adjourning the same at six o'clock in the afternoon of both days; and if the said Judge shall attend said Court at any time before six o'clock in the afternoon of the second day, the business of the term shall be proceeded with; but if said Judge shall fail so to attend before the hour last aforesaid, the said Sheriff or Clerk shall adjourn said Court without day; but no business shall be done in the chsence of the Judge; and the Clerk shall note the facts in the journal of the Court. be continued (83415.) SEC. 5. All causes and matters, of whatsoever name Causes, etc., to or kind, pending at any term of any Circuit Court, which when Judge does shall not have been held from the absence of the Circuit not attend. (a) See the Act next following. |