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to be kept for that purpose ; and shall make an index to such record in such manner as shall be convenient for public reference, of the names of parties to the execution, as stated in said notice; and such officer shall receive, for making and filing the notice as aforesaid, the sum of fifty cents; and such register of deeds shall receive for recording the same, the same fees as are allowed by law for recording notices of the pendency of suits in chancery, which fees the said officer shall add to the cost to be collected by such execution; and shall in like manner collect the same; and whenever such execution shall be fully paid, satisfied, or discharged, it shall be the duty of the clerk of the court that issued such execution, to give to the defendant a certificate, under the seal of the court, that the same is satisfied or discharged; and such certificate may be recorded in the same manner as is provided for the recording of such notice.
Approved February 4, 1875.
Certificate of satisfaction.
[ No. 6.] AN ACT to amend section thirteen of an act entitled “ An act to
provide for the organization of the supreme court, pursuant to section two of article six of the constitution," approved Febru-ary sixteenth, eighteen hundred and fifty-seven, being section four thousand eight hundred and ninety-six of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and twenty-six of the session laws of
eighteen hundred and seventy-three. Section amended SECTION 1. The People of the State of Michigan enuct, That sec
tion thirteen of an act entitled “An act to provide for the organization of the supreme court, pursuant to section two of article six of the constitution," approved February sixteenth, eighteen hupdred and fifty-seven, being section four thousand eight bundred and ninety-six of the compiled laws of eighteen hundred and seventy-one, as amended by act number one hundred and twenty-six of the session laws of eighteen hundred and seventy-three, be and
the same is hereby amended so as to read as follows: Quorum, (4896.) SEC. 13. Three judges shall be sufficient to form a quo
rum for the transaction of business by the supreme court, organ
ized under the provisions of this act, and the court shall have the Jurisdiction and same jurisdiction and powers which have been conferred by the
constitution and laws now in force upon the present supreme court. Terms of court. Four terms of the supreme court shall be held annually, commenc
ing Tuesday after the first Monday of January, April, June, and October; which shall be called respectively the January, April, June, and October terms of said court. All the terms of said
court shall be held at the supreme court room in the city of LanSpecial terms. sing, in the county of Ingham. The court may hold special or
adjourned terms, and shall continue its session a sufficient number of days at each term to hear all the causes ready for hearing, and all causes and questions not decided at the term when the same
are submitted, shall be determined early in the next succeeding
Sec, 2. This act shall take immediate effect.
[ No.7.] AN ACT to amend sections seven, eleven, ifteen, sixteen, nine
teen, twenty, twenty-two, and twenty-three of an act entitled “An act to provide a municipal court of the city of Detroit to be called The Superior Court of Detroit,'" approved March twenty-eight, eighteen hundred and seventy-three, and to add sis new sections thereto, to stand as sections twenty-four, twentyfive, twenty-sis, twenty-seven, twenty-eight, and twenty-nine.
SECTION 1. The People of the State of Michigan enact, That Sections sections seven, eleven, fisteen, sixteen, nineteen, twenty, twentytwo, and twenty-three of an act entitled “An act to provide for a municipal court in the city of Detroit, to be called “The Superior Court of Detroit,'" approved March twenty-eight, eighteen hundred and seventy-three, be and the same are hereby amended so as to read as follows:
SEC.7. The clerk of said court shall be appointed by the judge Clerk, how apthereof, and a memorandum of such appointment shall be entered pointed. upon the record of said court. Such clerk shall holà his office for Term of office. the term of two years from and after the first day of June, and until his successor is duly appointed and qualified. But the first appointment under this section shall not take effect until the first day of January, one thousand eight hundred and seventy-six. The Removal. judge shall have the power at any time to remove such clerk for incompetency, or serious neglect in the performance of his duties; and in case of such removal, or of a vacancy in said office by the death of said clerk, or otherwise, the judge shall fill the unexpired term by a new appointment,
SEC. 11. Before any suit at law shall be commenced in said court, Court fees. 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. And before any suit or proceeding in chancery shall be commenced there shall be paid to said clerk by the complainant, or party instituting such proceeding, the sum of five dollars; and before any decree shall be entered on any bill taken as confessed by all the defendants, the further sum of five dollars. And a like sum shall be paid upon the granting of any order to sell the real estate of infants, where the same is not resisted, and also before the entry of any decree upon bill and demurrer or plea to be paid by the party in whose favor such decree shall be granted, and in all other cases, the further sum of ten dollars. The moneys so paid shall be for the To be for the use use of said city, and shall be paid daily by the clerk to the city of the city, and treasurer and placed to the credit of the general fund, and the clerk.
paid over by
Practice and rules of Soperio Court.
same shall be held to be in full of all entry fees, jury fees, and all fees of the clerk of said court in any such suit from the commence
ment thereof to and including the issuing of execution or other To be taxed as final process. 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 dol-lars.
SEC. 15. The practice and proceedings in said superior court shall be the same as those prescribed by law for circuit courts in this State, unless otherwise limited by this act; and the rules pre-scribed 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: Provided, That the judge of said: court sball have full power and authority to establish from time to time such rules of practice in said court as shall have been first approved by the supreme court. The supreme court shall also direct the time when such rules shall go into effect, and the mode in which they shall be published.
Sec. 16. There shall be at least six regular terms of said superior 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 the month of May in 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 Detroit.
Sec. 19. On the tenth days of May and November 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 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 Qualifications. 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 intelligibly the English language. List, by whom Said list shall be signed by said judge, clerk, and sheriff, and shall
be filed in the office of the clerk of said court. If either of said In case of ab officials shall not attend at the time and place aforesaid, the meetsence of either
ing 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 proceed to make, sign, and file such list of jurors. The persons selected persons whose 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 Practice of conrt aforesaid. The practice and proceedings in said court, excepting
necesion as provided in this section relative to drawing, summoning, exemptjurors, imposing ing, and excusing jurors and talesmen, and imposing penalties. of penalties, etc.
opon them for non-attendance, shall be the same as the practice and proceedings in the recorder's court of said city as prescribed
Selection of Jarors.
signed and wbere filed.
Time for which
are liable to serve.
moning, etc., of
office for clert, stationery, ere.
by sections thirty-five, tbirty-six, thirty-seven, thirty-eight, thirtynine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty-six, and forty-seven of chapter six of an act entitled “ An act to revise the charter of the city of Detroit," approved February fifth, eighteen hundred and fifty-seven ; but all talesmen who may be directed by said court to be summoned for the term, shall be drawn from the jury box in like maoner, as near as may be, as are the jurors of the original panel, and the persons whose names shall be so drawn shall be entered on the minute of the drawing mentioned in said section forty, together with the fact that they have been drawn as talesmen, and a venire facias shall be made out by the clerk and delivered to the sheriff for service, which shall command him to summon the persons therein named to appear forth with and serve as jurors in said court. Every person who Canse for inelsshall directly or indirectly ask to be placed upon said list shall siinty or juror. thereby render bimself ineligible to serve as a juror in said court for one year thereafter, and his name shall in no case be placed upon such list during that period. It shall be a good cause of Cause of ahal challenge, in addition to all other challenges allowed by law, that lenge. any person summoned as juror or as talesman, shall have acted as a juror in a court of record in said city, or have asked to be placed upon said list as above mentioned, during a year preceding such challenge.
Sec. 20. The common council of the said city shall provide a Court room, proper court-room for the accommodation of said superior court, : together with an office for the clerk as near to said court-room as cap conveniently be procured, and all necessary furniture, fuel, books, and stationery, for the use of the court, and in the office of the clerk.
SEC. 22. That a stenographer for said superior court shall be Stenographer. appointed by the Governor on the recommendation of the judge of said court. The person so appointed sball take and subscribe Oath, term of the official oath prescribed by the constitution, which oath shall be office, eto. administered by the presiding judge. He shall be deemed an officer of the court, and shall hold the position during the pleasure of the Governor ; provided the court shall bave power to suspend him for incompetency or misconduct, and in such case of suspension be shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.
SEC. 23. In case of the death or resignation of the stenographer, Vacancy, bow the Governor shall, on receiving notice from the presiding judge of Alled. such fact, appoint a successor to the office; but in case of sickness or temporary absence of the stenographer, or his suspension as above provided, the judge may appoint some competent person to act in his absence.
SEC. 2. That said act be further amended by adding thereto six section added. new sections, to be numbered sections twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, and twenty-nine, to read as follows:
SEC. 24. It shall be the duty of said stenographer to attend upon Date of stenogthe court during each term thereof, and to take full stenographic rapber.
notes of all testimony given upon the trial of each issue of fact before the court or jury, and in trials by jury also to take full sten
ographic notes of the instructions given by the court to the jury. Salary. Said stenographer shall receive a salary of two thousand dollars
per annum, to be paid in monthly installments out of the city
treasury. Court fees. (See SEC. 25. Each and every issue of fact at law or in chancery, tried
before the court or jury, shall be taxed three dollars, to be paid by the plaintiff, at the commencement of the trial, into the hands of the clerk, and by him paid into the city treasury as other fees mentioned in this act. In case the plaintiff in any suit shall refuse to pay such fee, the defendant in the cause shall, on payment to the clerk of said fee, be entitled to judgment as of nonsuit. The prevailing party shall have the amount so paid by him taxed in his
costs as proper disbursement. Testimony, how Sec. 26. The court may in its discretion order the testimony in
any and all suits in chancery to be taken orally in open court, in whole or in part, in which case a fee of three dollars shall be first paid to the clerk by the complainant, and such testimony shall be taken by the stenographer of said court in like manner and with the same effect as in suits at law; said court shall have the same power to appoint special commissioners and make references to them or to the circuit court commissioners of Wayne county as is
given to the circuit court of said county. When finding is SEC. 27. If, before judgment in any cause, tried by the court
the without a jury, either party shall demand a finding upon the facts, require copy of or of law, such party shall furnish to the judge, within a reason
able time, to be specified by him, a copy of so much and such part of the testimony, taken from the reporter's minutes, as the judge shall require, and if such party shall neglect or refase to furnish such copy within the time specified, the party making such demand shall be deemed to have waived the same, and judgment may be entered without such finding.
SEC. 28. Whenever any cause shall have been properly placed et upon the docket of said court for four times, whether successive or
otherwise, and the same shall not have been tried, the court may at the close of any future term, if said cause shall have been again duly placed upon the docket of said term, direct a judgment as of nonsuit to be entered therein against the plaintiff for want of prosecution.
SEC. 29. Whenever at the close of any term of said court the gress at close of ierm to be con- trial of a cause shall be in progress, such trial shall continue until determined.
the same is determined, and the continuance of such trial shall not be construed as prolonging said term, nor to prevent the commencement of the succeeding term, previously designated as herein re
demanded, the judge may
Judgment in case of neglect to try cause.
Trials in pro
SEC. 30. This act shall take immediate effect.