Court to prescribe practice in eertain 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 judgment, 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 genproceedings, etc. eral rules, to prescribe the cases in which the Circuit Courts, 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. brought up by affirmed if divided in 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 seals 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 reasons 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. 3441. 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. An Act to Define the Limits, Jurisdiction and Powers of Circuit Courts. [Approved April 8, 1851. Laws of 1851, p. 242.] (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 Lapeer, 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 appoint. ment 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-at Judge. (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 of 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 absence of the Judge; and the Clerk shall note the facts in the journal of the Court. be continued (3415.) 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. Courts in each Special Terms may be ordered. OD. Judge, shall stand continued till the next term; and all persons bound by recognizance or otherwise to appear at any such Court, either as witnesses or parties to any proceedings cognizable therein, shall be bound to appear at the next term of the Circuit Court appointed to be held in the county; and all such recognizances shall continue in force, and be as binding and obligatory on the parties thereto, as if no failure of a term had occurred, unless a new recognizance, approved according to law, shall be entered into for such appearance. (3416.) SEC. 6. The place of holding the terms of the several at Court House. Circuit Courts in each county shall be the Court House therein, if there be one, and if there be not, at such place within the county as the Sheriff and County Clerk shall order. (3417.) SEC. 7. Each Circuit Judge shall have power, whenever he may deem it necessary, to order a Special Term of a Circuit Court to be held in any county in his circuit, at such time as he shall think proper, and such order shall be Notice to be giv- published in some newspaper printed in the county where the Court is to be held, at least thirty days before the commencement of the term; or if no newspaper be printed in the county, the Circuit Judge shall send a copy of such order to the Sheriff of the county, who shall post up written notices of the contents of such order in three public places in the county, thirty days before the term; and the Circuit Judge shall notify the Clerk of the county of such order, who shall thereupon cause to be drawn and summoned the lawful number of grand and petit jurors for such term, unless the Circuit Judge shall otherwise direct; and the Court, when so held, shall have and exercise the same powers and jurisdiction as at a General Term. Jurisdiction of 466. (3418.) SEC. 8. The said Circuit Courts, within and for their 3 Mich. Rep., respective counties, shall have and exercise original and exclusive jurisdiction of all civil actions and remedies of whatever name or description, and of all prosecutions in the name of the People of this State, for crimes, misdemeanors, offences and penalties, except in cases where exclusive or concurrent jurisdiction shall be given to or possessed by some other Court or tribunal, in virtue of some statutory provisions, or of the principles and usages of law, and shall have such appellate jurisdiction and powers as may be provided by law; and the said Courts shall also have and exercise within and for their respective counties, all the powers usually possessed and exercised by Courts of Record at the common law and in |