« ZurückWeiter »
use of the city anil paid ove
to attend court, sorve writs, etc.
shall be paid by the prevailing party to said clerk the sum of three To be for the dollars. The moneys so paid shall be for the use of said city, and
r' by shall be paid weekly by the clerk to the city treasurer and placed the clerk to the credit of the general fund; but upon a re-trial of any cause Additional fees by a jury an additional fee of three dollars shall be paid by the upon re-trial,
party moving for such re-trial; and the sums so as aforesaid paid shall be held to be in full of all clerks, entry and jury fees in any such suit from the commencement thereof to and including
the issuing of execution or other final process. The sum or sums Foes to be taxed 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. Sheriff or deputy SEC. 12. The sheriff of the county, or such deputy or deputies
to as the judge of said court may direct, 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 Fees.
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 Grand Rapids, 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 Kent, in all civil actions of a transitory nature, where the debt or damages are one hundred dollars or over, 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 Grand Rapids, or in which the plaintiff sball reside in the city of Grand Rapids, 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 Kent county. Said court sball also have jurisdiction of all actions of trespass quare clausum, for injuries committed upon any land situated in the city of Grand Rapids; all actions of ejectment for the possession of land situated in said city; all actions commenced by attachment against nonresidents, wbere the property attached is at the time of service of the writ of attachment within said city; and the same jurisdiction as the circuit court for the county of Kent, in all cases in equity in which any complainant or defendant shall be a resident of the city of Grand Rapids, or in which the subject matter of such suit shall be situated or located in said city, and in all cases of fore
closure of mortgages u pon land situated in the city of Grand Rap Exclusive juris: ids; and said court shall also bave exclusive jurisdiction of all
actions at law of a civil nature, which may be brought by or against the city of Grand Rapids, or which may be brought by or against the board of education of the city of Grand Rapids, and said court
Jurisdiction of superior court.
diction in certain Coses,
rules of superior
shall also have exclusive appellate jurisdiction of all actions bronght before the police court of the city of Grand Rapids, or any justice of the peace for the said city, for a violation of the charter of said city, or any of the by-laws and ordinances of said city, where the sentence of imprisonment shall be thirty days or more, or where the fine, penalty, or forfeiture imposed shall amount to twentyfive dollars or over, exclusive of costs. Said court shall have and exercise all of and the same jurisdiction that is vested in the recorder's court of the city of Grand Rapids, in and by Titles VI. and VII. of the revised charter of said city, and acts amendatory thereto.
Sec. 14. Said court shall have power to issue all lawful writs and Powers of court. 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 do, by the laws of the State of Michigan. All copies of declarations filed for com- Service of writs,
etc., outside city mencement of suit, writs of subpæna, all writs of execution, and limits. other writs of 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.
SEC. 15. The practice and proceedings in said superior court Practice and shall be the same as those prescribed by law for circuit courts in courts. 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 four regular terms of said superior court Terms. held [in] each year, and the time of commencement of terms for each year shall be fixed by the judge of said court in the month of May of each year, and notices of the times of holding such terms shall be published for two weeks in one of the daily papers published in the city of Grand Rapids.
SEC. 17. Any complainant or defendant in any cause in equity, who appeal. may think bimself aggrieved by any decision, decree, or order made therein by said superior court, may appeal therefrom to the supreme court; such appeal may be taken in such like cases, and the proceedings on appeal shall be similar in all respects to those prescribed by statute in cases of appeals from circuit courts; and the supreme court may issue all writs of error, certiorari, prohibition, mandamus, and other writs directed to the said superior court or the judge thereof, as it may issue directed to the circuit courts or ! the judge thereof; and shall have like superintending control over the said superior court as is given by the constitution or by law to the supreme court over said circuit courts. SEC. 18. Said court may make and adopt rules of practice for Court may adopt
certain rules of such court, in respect to time for pleading and serving notices of practice.
Selection of jurore.
trial and other notices, and filing notes of issue. The same costs Taxing of costs. may be taxed in favor of the prevailing party as are authorized to
be tased in circuit courts, except as beretofore provided in this act.
SEC. 19. On the tenth day of May next after the passage of this act, and annually thereafter on the tenth days of November and May in each 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 Kent, 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 one hundred persons to serve
as jurors in said superior court; the persons so selected to be qualQualifications. ified electors of said city, of fair character, of sound mind, and capa
ble of understanding and speaking intelligibly the English language. List, by whom Said list shall be signed by said judge, clerk, and sheriff, and shall signed and where
be filed in the office of the clerk of said court. If either of said offi
cials shall not attend at the place and time aforesaid, the meeting absence of either
shall stand adjourned from day to day for five days, and if on either of said days they shall meet together between said hours at such place, they shall then make such list; and if, on the last adjourned
day any two of them shall so meet, one being absent, they shall Time for which proceed to make, sign, and file such list of jurors. The persons personas selected wbose names are set forth in said list shall be liable to serve as
jurors for six months, or until a new list shall be made as aforesaid.
SEC. 20. The common council of the said city shall provide a provide court
proper court room for the accommodation of said superior court, and all necessary furniture, fuel, books, and stationery for the use
of the court and in the office of the clerk thereof. Removal of caus- SEC. 21. If either party to any cause now pending in the circuit to superior
court for the county of Kent, and within the jurisdiction of said superior court, shall, after the taking effect of this act, or if the defendant in the case of a suit within such jurisdiction, hereafter commenced, at the time of entering his appearance in said circuit court, shall file a petition for the removal of the cause into the said superior court for the city of Grand Rapids, and shall offer good and sufficient security for entering in said last mentioned court, on the first day of its next term, copies of all papers filed, and proceedings had in said cause in the said circuit court, and also for bis there appearing and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the said circuit court for the county of Kent to accept the surety and proceed no further in the cause; and any bail that shall originally have been taken shall be discharged; and the copies of said papers and proceedings being so entered and filed as aforesaid in such superior court, for the city of Grand Rapids, the cause shall then proceed in the same manner as if it had been originally brought in said court; and any attachment of the goods or estate of the defendants, by the original process, shall hold the goods or estate so attached to answer the final judgment in the same manner as they would have been held to answer final judgment had it been rendered by Coe court in which the suit was commenced:
es from circuit
Provided, however, That no cause pending in said circuit court, Proviso. when this act takes effect, shall be thereafter removed, under the provisions of this section, during a trial or hearing thereof.
SEC. 22. The causes pending and undisposed of in the recorder's Causes pending court for the city of Grand Rapids on the first Tuesday of June, court to he in the year of our Lord one thousand eight hundred and seventy- determined by five, shall be heard and determined by the judge of the superior court of said city, and for that purpose the clerk of the said recorder's court, or other proper custodian thereof, shall, on or before the said first Tuesday of June, in the year of our Lord one thousand eight hundred and seventy-five, deliver all records, files, books, papers, and every thing appertaining to said recorder's court, to the clerk of the said superior court.
Sec. 23. This act shall take immediate effect.
he judge of probate any executor, Smarshall deem it nealing such
tions, etc. and
[ No. 50.] AN ACT to authorize judges of probate to require new bonds
from executors, guardians, administrators, special administrators and trustees. SECTION 1. The People of the State of Michigan enact, That Jadge of probala
may require new the judge of probate of any county in this State may require a new bond of execubond to be given by any executor, guardian, administrator, special a
discharge administrator or trustee, whenever he shall deem it necessary or existing suretles. proper, after due notice given as he may direct, and on filing such new bond, may discharge the existing sureties from future responsibility, when it satisfactorily appears that no injury can result therefrom to any person interested in the estate: Provided, how- Proviso. ever, That such existing sureties shall not be discharged from liability upon such bond until a new bond shall have been filed, with sureties approved by the judge of probate: Provided further, Proviso. That such existing sureties shall not be discharged from any liability incurred prior to the filing of such new bond, and the old bond shall be retained by the judge of probate for the benefit of all persons who may be interested therein.
SEC. 2. This act shall take immediate effect.
[ No. 51. ] AN ACT to amend sections sixty-eight and eighty of chapter one
hundred and thirty-six of the compiled laws of eighteen bundred and seventy-one, being compiler's sections three thousand six hundred and thirty-eight and three thousand six hundred and forty-nine, relating to primary schools.
SECTION 1. The People of the State of Michigan enact, That Sections sections sixty-eight and eighty of chapter one hundred and thirty- amended.
ship clerk list,
six of the compiled laws of eighteen hundred and seventy-one, being compiler's sections three thousand six hundred and thirtyeight and three thousand six hundred and forty-nine, relating to
primary schools, be and hereby are amended so as to read as follows: Board of school SEC. 68. The school inspector and the township superintendent inspectors.
of schools elected at the annual township meeting, together with the township clerk, shall constitute the township board of school inspectors, and the superintendent of schools shall be the chair
man thereof, and the township clerk the clerk thereof. Baperintendent SEC. 80. It shall be the duty of the superintendent of schools to
llon- furnish the township clerk a list of the names of all persons to etc., of qualified whom he has given certificates to teach in such township, with the
date and term of each, and if any are revoked, the pame and date of such revocation, and the board of school inspectors, before mak
ing their annual report to the county clerk, shall examine said Certain districts list, and if in any school district a school shall not have been
te taught for the time required by law during the preceding school
year by a qualified teacher, no part of the public money shall be distributed to such district; although the report from such district shall set forth that a school has been so taught, and it shall be the duty of the board to certify to the facts in relation to any
such districts (district] in their reports to the county clerks Proviso-certifi- [clerk ]: Provided, however, That a certificate in force provided State Normal " by law to be given to graduates of the State Normal School, or a School, etc., certificate from other lawful authority, shall be recognized as valid
as to the district employing a teacher holding such certificate.
SEC. 2. This act shall take effect March thirty-one, eighteen hundred and seventy-five.
Approved March 24, 1875.
shall not receive public money.
eates granted by
[ No. 52.] AN ACT to amend section one of act number one hundred and
nine of the session laws of eighteen hundred and seventy-three, entitled “ An act to provide for the collection of statistical information of the insane, deaf, dumb, and blind in this State, and to repeal a joint resolution relative to statistical information of the insane, deaf, dumb, and blind, approved April three, eighteen hundred and forty-eight, being section one thousand eight hundred and eighty-three, chapter fifty-two, of the compiled laws of eighteen hundred and seventy-one," approved April seventeen,
eighteen hundred and seventy-three. Boction amended SECTION 1. The People of the State of Michigan enact, That
section one of an act entitled “ An act to provide for the collection of statistical information of the insane, deaf, dumb, and blind in this State, and to repeal a joint resolution relative to statistical information of the insane, deaf, dumb, and blind, approved April three, eighteen hundred and forty-eight, being section one thousand eight hundred and eighty-three, chapter fifty-two, of the compiled laws of eighteen hundred and seventy-one," approved April seven