Sections amended.

Salary of judge and how payable.

Election of clerk.

[No. 147.]

AN ACT to revise and amend sections six, eleven, thirteen, nineteen and twenty-one of an act entitled "An act to provide for a municipal court in the city of Grand Rapids, to be called "The Superior Court of Grand Rapids,"" being act number forty-nine of the session laws of eighteen hundred and seventy-five, approved March twenty-fourth, eighteen hundred and seventy-five, and to add six new sections to the act, to stand as sections twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight and twenty-nine.

SECTION 1. The People of the State of Michigan enact, That sections six, eleven, thirteen, nineteen and twenty-one of an act entitled "An act to provide for a municipal court in the city of Grand Rapids to be called 'The Superior Court of Grand Rapids,' being act number forty-nine of the session laws of eighteen hundred and seventy-five, approved March twenty-fourth, eighteen hundred and seventy-five, be and the same are hereby amended to read as follows:

SEC. 6. The judge of said superior 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 Grand Rapids such additional salary as shall be sufficient, with the sum so received from the State, to make the salary of said judge two thousand five hundred dollars, to be paid monthly by the city treasurer upon a salary voucher made therefor by the said judge and to such treasurer delivered.

SEC. 7. On the first Monday of April, in the year one thousand eight hundred and seventy-eight the qualified voters of said city shall elect a clerk of said Superior Court, whose title of office shall be "Clerk of the Superior Court of Grand Rapids," and who shall hold his office two years and until his successor shall be elected and qualified. Notice of such election shall be given in the same manner prescribed by law in case of the election of city officers for said Clerk of county city. The clerk of the county of Kent shall be ex officio clerk of said court until a clerk of said court shall be elected and qualified, as herein prescribed.

ex officio clerk of court until election.

Court fees.

To be for use of

city and paid over by clerk.

Additional fees

upon re-trial.

SEC. 11. Before any suit at law shall be commenced in said 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 or final decree shall be entered in any such suit, there shall be paid by the prevailing party to said clerk the sum of four dollars. The moneys so paid shall be for the use of said city, and shall be paid weekly by the clerk to the city treasurer, and placed to the credit of the general fund; but upon a re-trial of any cause by a jury, an additional fee of three dollars shall be paid by the party moving for such re-trial; and the sum so as aforesaid paid shall be held to be in full of all clerk's 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 so paid shall be Fees taxed as taxed as costs of suit in favor of the party paying the same, if he costs. 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 Proviso. not be demanded, the sum so to be paid before entry of judgment shall be two dollars.

SEC. 13. The said superior court shall have original jurisdiction Jurisdiction of [concurrent with the circuit court for the county of Kent] in the court following cases:

First, In all civil actions of a transitory nature, when the debt or damages claimed are over one hundred dollars, (a) in which the defendants, or one of them, if there be more than one, shall have been served with a copy of the declaration, or with process, within the city of Grand Rapids; or (b) in which the plaintiff shall 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 process in Kent county;

Second, of all actions of trespass upon lands situate in the city of Grand Rapids;

Third, Of all actions of ejectment for land situate in the said city;

Fourth, Of suits begun by writ of attachment against non-residents, if the property attached is in the corporate limits of said city when the writ is sued out;

Fifth, Of all equity suits, (a) in which any complainant or defendant shall be a resident of the city of Grand Rapids; or (b) in which the subject matter of such suit is situate in said city;

Sixth, Of foreclosure suits upon land situate in said city;

Seventh, Exclusive jurisdiction of all appeals from judgments of justices of the peace of the said city, when the appellant and appellee, or one of them in such appeals, is a resident in the city aforesaid;

Eighth, And exclusive jurisdiction of all actions at law of a civil nature, which may be brought-1st. By or against the board of education of the said city; 2d. By or against the said city or any of its officers;

Ninth, And exclusive appellate jurisdiction, where appeals may be made, of all cases originally commenced and prosecuted in the police court of Grand Rapids, where a final judgment shall be rendered by said police court in cases arising out of the breach of any provision of the charter or ordinances of said city; and exclusive original jurisdiction to issue writs of certiorari in such cases tried and determined in said police court, and determine the same, when it may be lawfully done;

Tenth, All the jurisdiction conferred upon a recorder's court of the said city in and by Titles VI. and VII. of the revised charter of the said city, and the acts amendatory thereto, is transferred to and vested in the said superior court;

Eleventh, Said Superior Court shall also have original and exclusive jurisdiction of all prosecutions and proceedings in behalf of

Proviso

List of jurors.

How selected.

Qualifications.

the people of this State, for all crimes, misdemeanors and offenses arising under the laws of this State and committed within the corporate limits of the city of Grand Rapids, except in cases exclusively cognizable by police justice or the justices of the peace of the said city, and shall have power to issue all lawful writs 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 do by the laws of this State: Provided, That this act shall not in any way affect the jurisdiction of the circuit court for the county of Kent, over any case pending in said court when this act shall take effect, nor the validity of any recognizance heretofore made to said court. And the prosecuting attorney for the county of Kent shall appear, and act for the people of the State of Michigan in said Superior Court in all cases arising under the laws of this State.

SEC. 19. The supervisor of each ward in said city of Grand Rapids shall, on or before the twenty-fifth day of May in each year, make a list of persons to serve as jurors in said Superior Court for the ensuing year; such list shall be selected from the persons assessed on the assessment roll of the ward for the same year; and in making such selection they shall take the names of such only as have the qualifications of electors of said city, and who are not exempt from serving on juries, who are in possession of their natural faculties, and not infirm or decrepid, of good character, of approved integrity, of sound judgment, and wellinformed, and capable of understanding and speaking intelligibly the English language, and free from all legal exceptions, and who have not made, and in whose behalf there has not been made, to said supervisor any application to be selected and returned as jurors. Such list shall contain (not less than) one for every thirty electors of such ward, computing according to the last preceding poll-list. In making such selection, the supervisor shall avoid as far as practicable, selecting any of the persons who were actually drawn and who served as jurors during the preceding year. Duplicate lists of the persons so selected shall be made out and signed by fed with done the supervisor making such selection, and within two days thereafter, one each of said lists shall be filed with the clerk of said Superior Court, and the other shall be filed with the clerk of said city. On receiving such lists the clerk of said Superior Court shall deposited in jury write down the names contained therein on separate pieces of

Number of names in list.

One list to be

clerk

of court
with clerk of
city.

Names to be

box.

paper of the same size and appearance as nearly as may be, and shall fold up each of such pieces of paper so as to conceal the name thereon, and deposit the same in a box to be kept by him for that purpose, to be labelled "Jury box." The persons whose names shall be so returned shall serve as such jurors for one year and until other lists from the respective wards shall be filed. Upon receiving such new list, the clerk of said Superior Court shall destroy the ballots deposited in the jury box for the year preceding, and deposit the

ballots containing the names entered on such new lists in the same manner as above required, at least five days before the holding of Drawing of jury. any regular term of said Superior Court, the clerk of said Superior Court shall draw from said jury box the names of twenty-four persons, and any additional number that may have been ordered by

notified.

drawing.

the Adjournment

when officers do

the court, to serve as jurors; at least five days before the drawing Mayor and two of such jurors, the said clerk shall give notice to the mayor and the justices to be two justices of the peace of said city, whose term of office will soonest expire, of the day and hour when such drawing will take place. At the time appointed, it shall be the duty of the mayor To witness and the justices aforesaid to attend at said clerk's office, to witness such drawing; and if any two of said officers shall attend at time and place appointed, the clerk shall proceed in their presence to draw the jurors. If two of the officers so notified do not appear, clerk shall adjourn the drawing of such jurors until the next day, not appear. and shall, by written notice require any two justices of the peace of said city to attend such drawing on the adjourn day. If at the Drawing on adjourn day any two of the officers notified to attend the drawing adjourn day. of such jurors shall appear, but not otherwise, the clerk shall proceed, in public, and in the presence of the officers so appearing, to draw the jurors. The clerk shall conduct such drawing the Drawing, how same in all respects as is provided by section five thousand nine hundred and ninety of the compiled laws of eighteen hundred and seventy-one, for the drawing of petit jurors, except that the minute of the drawing shall be filed by him in his office. Should the court Talesmen.

conducted.

in any case order any talesmen to be summoned, they shall be selected by the clerk in open court, drawing from said jury box out of the names not before drawn, the number of names ordered by the court, and a record of such order and drawing shall be entered on the journal of said court, and the persons so drawn shall serve only in the case in which they were so ordered. The judge of said Jury drawn by court may order a jury drawn from said box as above, upon application of either party interested in any suit [to] be tried in said court.

order of court..

causes from

SEC. 21. If either party to any cause now pending in the circuit Removal of court for the county of Kent, either at law or in chancery, and circuit to Suwithin the jurisdiction of said Superior Court, shall, after the perior Court. 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 with the clerk or register of said court a petition for the removal of the cause into the said Superior Court for the city of Grand Rapids, and shall at the same time file with the clerk or register of said circuit court a bond to the opposite party, with sufficient surety, to be approved by the judge of said circuit court or a circuit court commissioner of said county of Kent, and in such sum as such judge or commissioner shall direct, conditioned for the entering in said Superior Court, on the first day of its next regular term, if that shall be at least forty days after the date of the filing of said bond, and if it shall not, then within forty days from the filing thereof, copies

of all papers filed and proceedings had in said cause in the said circuit court, and also for his there appearing and entering special bail in the cause if special bail was originally requisite therein; and upon the filing of said petition and bond, it shall thereupon be the duty of said circuit court for the county of Kent to proceed no further in the cause, and no order of said circuit court for the removal of said cause shall be requisite; and the filing of said petition and bond shall operate as a stay of all proceedings in said circuit court in said cause; and any bail that shall originally have been taken shall not be discharged; and the copies of said papers and proceeding being so entered and filed as aforesaid in such Superior Court, 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 the final judgment had it been rendered by the court in which the suit was commenced. It shall be the duty of the clerk of said circuit court, within the time prescribed for filing said copies, to deliver to the person so seeking to remove said cause, upon being paid therefor five cents per folio for making and certifying such copy, and in case the clerk of said circuit court shall, upon demand and the payment or tender of his first [fees], refuse or neglect to deliver to such party certified copies of such record and proceedings, the Superior Court, on proof by affidavit that the said clerk has refused or neglected to deliver such copies thereof, on demand as aforesaid, shall direct and allow such record to be supplied by affidavit or otherwise as the circumstances of the case may require or allow, at any time within which the court shall direct; and thereupon such proceedings, trial, and judgment may be had in said Superior Court as if certified copies of such records and proceedings had been regularly before the said court: Provided, Proviso-actions however, That no action at law pending in said circuit court when this act takes effect shall be thereafter removed under the provisions of this act during a final trial thereof.

Clerk of circuit copios of papers.

court to furnish

Fees.

Record, how

supplied in case of refusal of clerk.

not to be removed during final trial.

Sections added.

Stenographer,

Oath.

SEC. 2. That said act be further amended by adding thereto six new sections to stand as sections twenty-four, twenty-five, twentysix, twenty-seven, twenty-eight, and twenty-nine, to read as follows:

SEC. 24. That a stenographer for said Superior Court shall be appointment of appointed by the Governor, on the recommendation of the judge of said court. The person so appointed shall take and subscribe the official oath prescribed by the constitution, which oath shall be 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 have power to suspend him for incompetency or misconduct, and in such case of suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.

Term of office.
Proviso.

Death or removal.

SEC. 25. In case of the death or removal or suspension of the stenographer, the Governor shall appoint a successor to the office,