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A Bill: To Improve The Administration Of Justice: Justices' ...

A Bill: To Improve The Administration Of Justice: Justices' ... image
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Sec. 1. lie il enacledby the Señale and House of Representatives of the State of Michigan, Tliat justices of the peacc, in addition to the jurisdiction which they now possess by law, shali have original jurisdiction in all civil casas, as well at law as in equity, where the plaintiff seeks to recover a sura of money, if the surn ■demandeddo not e.xceed one hundred dollars, except in real actions, and where the title of real estáte shall come in question.Sec. 2. All suits shall be commenced before a justice of the peace, either by an iim'icable appearance of the partiss, or by a complaint, made orally by the plaintiffor his atlorney. Sec. 3. Such complaint shallbe a brief statement of the plaintifTs claim, and the amount which he claims lo be due; after nllowing to the defendant all the credits to which he is entitled; and shall be accompanied by an ofïer of the amount for which, by way of coinptomise, a judgtnent would be taken; and shall be verified by the oath of the persen making such complaint, to the effect, that he believes il to be true.Sec. 4. A fier a coniplaint has been made before a jtistice; and he has briefly entered the same in bis docket, he sliall issue a stimmons for the defendant, n tvhich shalt be stated the amount claimed byíhe píaíntifl', and the amount for which, by way of compromise, he offers to take a. judgtnent.Sec. 5. On the return day of such summons, personully served, if the defendant does not appear in person or by attorney, such non-appearance shaíl be construed inlo áirt admission, thaí 'he otfer of the' plamtiff is thp sum due, and the justice after waiting ü. r'jasonable time, enter judgtnent against süch defendftnt, in favor of the plaintrff, fortlic amount of such oñer, with cosfs. Sec. G. On the appearance of the defendant, in person, or by attorney, and on being first fo1 the eÖcct, thaf he Will state hisdefeiicefruly - he shall state oraliy'to the justice his answet to the plaintiff's and shail also; state, the sum for which, by way of compromise, he Willing to confess a jiidgineuf. All of which, the justiee shall b-riefl-y enter in his docket.Sec. 7. At the joining of issue, either párty may examine the opposite party under oa'th, touching the matter in controversy. and any material facts thus elieitcd, shall be noted by the justice. and either party may vary the o fier made to the other any time before the trial comnenees, and not thereafter. Sec, 8. If an1 issue of law be joined be. fore a if siia-H be tried before the justice. If the bsute of fact be joined, either party may demand' that the same be tried by a jury, and such jury shall proceed in the rnanner now provided by law. Sec. 9. All persons, including the parties to a suit, shall be competent witnesses to tcstify in any cause; any objection may be urged, aflecting their credibility, bul none to affect their competenc}'. . Sec. 1.0. If any party to a suit, on beíng regularly sobpeerned as a witness. shall refsise appear, ory on appearing shall réfuse to testify, such absence or refusal shall be construed into ai admission of faets as the opposite party wiJl state under oath, he e.xpected to prove by him. Sec. 11'. If it shall appear by tbeeomplaint, anssver, or examination of' a party to a suit,. that a paper, writing, or book of aeeount ín the possession, or under the con.trol of the opposite party, i& material ör necessary. a be used either on trial as evidbnce, or to enablesuch' party toput inhiís complaüit or auswer, more períectly, the justice shall issue a subpoinn duces tecum for such pai-ty, describing the paper or book roquired. And if such party shall, on being personally ser ved therewith, refuse to appear, or on appcaring shall refuse to answer such questions as may be put to him touching the same, such refusal shall be construed intoan admission that the contentsofsuch paper or books are, as stated by the party under oath, seeking their production. Sec. 12. ir it shali appear as abo ve stated. that a paper, writing, or book oí' account, be in the possession, or under he control of a person, not a party to a suit, on being subpcened as above provided, and he shall refuse to appear, or on appear ing shall refuse to del i ver or produce such paper or book, or shall refuse to answer such questions as may be put to him touching the same, such person may be punished as for a contempt of court, and the contents of such paper or book may be proved by other testimony. Sec. 13. If a judgment be rendered in favor of a plaintiffequal to the sum and interest for which he shall have oflered to take judgment, as above provided, heshall recover full costs against the defendant. If he shall recover a less sum than his offer, but more than was offered by the defendant, he shall recover but one half of his taxable costs. If heshall recover any sum, but not greater than the offer of the defendant, and interest thereon, he shall not recover any costs, but the defendant shall be entitled to the costs of the trial, to be deducted f rom the judgment. Ifhe shall fail to recover any sum, the defendant shall be entitled toa judgment for all his costs. Sec. 14. No cause shall be taken up from a justices court to any other court by a wrlt of certiorari. But i f either party feels aggrievcd with the judgment entered before a justice of the peace, he may appeal therefrom to ihecounty court, organized by this act. And on such nppeal bqing perfectly ogreed to the law now in force, the justice shall send up a certified transcript of all the papers and pleadings in said cause, together with all such other mattere as by law he is now rea ui red to enter unon his dockets.Sec. 15. In all cases of appeal from a justice oí the peace, the appellant shall cnuse the transcript of the justice to be filed in the county court, within ten days from the date of the appeal; and the judge of said court shall cause a notice to be issued by the clerk to the appellee or his attorney, informing him of the time and place for tlie trial of said appeal, which shall not exceed ninety days from the day said cause was entered with the clerk; and eitber party may, at any time before the trial commences, alter or renew liis offer to the opposite party, stating the amounts for which lie will give or take a udgmenl; and on the reudilion of judgment the costs shall be laxed, including the costs of both courts; agreeably to the provisions of section thirtcen of this act, Provided however, That it shall be competent for the parlies to stipulate in w riling, as to the time said appealed cause shall be tried. Sec. 1G. The judgment of the counly court in an appealed cause, shall be final and conclusivo behVeen the parties, and no appeal shall be allowed to remove said cause to'any other court. Sec. 17. lf an execution bc return'ed unsatisfied in whole or in part, to the justice who issued the same, the plaintifT, in sucn execution, his agent or attorney, if heshall by complaint made under oath, make it appear to the satisfactioh of such justice, that the defendant has in his own possession, or in the possession ofanother, property, effects, or credils, Hable to execution, the' justico may issue a summons foV any such defendant, or other person commanding him, on a day to be fixcü upon in on such summons; to appear before him to answer under oalh touching his knowledge of such properiy, cflectsor credits. Sec. 18. Any person refusing to obey such summons, on personally servcd the justice, on deii)and of the plaintiÜ" in execution, shall issue a warrant for the apprehension of such person, and on his being bron glit before him, may be examined under oath", as provided hï the above and if such person shall reiuse to answer any question which inay bc pul to him in relation to such property, efïeets, or the juslice may commit hii"n to prison for contem])4. of xöurt, for a term not to e.ceed three and on such examination the answers of the persoiïfe examined shall be veduced to writing by the justice; and he shall preserve' the same among the liles of the case. Sec. 19. lf on examination the justice shall be safisfied that the defendant in execution bas property, eilects, or credits, liable to execution, heshall makc and enter upon his docket an order recjuiringthe pefson holding such property, eflects, or credits, to transfer or deliver 10 said justice so much thereof (describing it) as shall be necessary to satisfy the amount due the plaintiff in execution: and if such person shall neglect or refuse to comply with such order, or to secure the plaintiff in execution for tlie amount due to him by a judgment and bail thereon, such person shall be deemed to be guilty ofacontempt of court and may be punished as in other cases of conlcmpt. Sec. 20. If on the examination of any person other than the defendant in execution, sucli person shall acknowledge hitnself indebted to the defendant in execution, and the evidence of such indehtedness cannot be obtained, or cannot be sold on execution, the justice shall enter judgment against such person for the amount so acknowlejged to be due, without costs; and a stay of execution may be put in, as in olher cases; and such judgment when paid shall be applied on the judgment of the plaintiff in execution; and the original creditor of such person shall be forever barred from the collection of the debt thus transfer red for the benefit of his creditor. Sec. 21. No party shall be prejudiced by any proceedings had before a justice of the peace for the want of form, or on account of any technical omission; but the justice may, and he is hereby required to exercise a liberal discretion in. permitting amendments to complaints and answers in any stage of the proceedings; provided, that in so doing no surprise shall be occasioned or injusticedone to the opposite party. Sec. 22. No witness shall be rejected, or his testimony refused. The relevancy of testimony, and the credibility of witnesses shall be for the justice or jury to pass upon, ín vievving the whole case, provided, however, that this section shall not be so construed as to admit ex parte afñdavils. or deposilions not legally taken to be read as evidence. Sec. 23. No pleading shall be allowed in any case, except the complaint and answer. And any material faets which may I be elicited from either party at the joining of issue, on ilieir examination shall be considered as a part of such complaint, or answers, as the case may be. Sec. 24. No suit shall abate, or plaintiff become non-suii for, or on account of any non-joinder or mis-joinder of parties, or for any cause, but he shall be entitled to have his cause submitted to the justice, or to the jury, as the case may be, on its metïtfi; and such judgment shall be rendered in every case as justice and equity require.COÜNTY COÜRTS. Sec. 25. There shall be established in each of the organized counües of tbis state, a county court which shall be held at the county seat, for" the transaction of all business which may be bróiïght bcfore it, agrceably tb the próvisions of this act. And the qualified electors of such county shall on the firsf Tuesday of November next, and once in evei'y four years the.reafter, agrceably to fourth section of article six. of the const'ituiión of this state, elect a suitable person to' the office of judge of such court, who shall hold bis office for four yenrs, tiiyïö until Iris successor is elected and qualified in Tris place. Sec. 26. Such county court shall have original jurisdiction in all civil cases, as vell at law ás in equity, and appellate jurisdiction from justices of the peace; provided, that if a party cbmtnences a suit in this court for the recovery of any debt or damiiges, and shall recover any sum less than one hundred dolinrs, such party shall notbe entitled i'n' such case to recover costs. Sec. 27. The judg'es of the county court shall each keep an office in the court i house, or other convenient place for the transaction of business. And the act entitled an "act, to define the powers. and duties of justices of the peace in civil cases;" the provisions of this act, including the first twenty-four sections thereof, tol gether vith all oiher acts and parts of I acts, now in jorce in this State, which are not inconsistent with the provisions of this act, shall be applicable, and shall govern the proccidings in such court. Sec. 28. The county clerk of each of the organized countics of this State, shall bc the clerk of the counly court hereby organized, whoñeduty it shall be to perform all the duties now req;uired of liim by law,' in ebnfonïiity with this acl; he shall be present at all trials before said court, and shall take down, in wriling, all' the testimony of each witness examined, ag'reeably to the form now in use by in Chancery; and any law queslioris whicli may arise, shall also, in like manner, be noted, and;the decisión of the judge thereon; which tesfiinony, so taken, shall be signed by the clerk, and filed with the papers of the case. Sec. 20. The county clerk sh all keep a calendar, ia the usual form in whichshall be briefly entered the proceedings iad in each case, with the different dates; and all process which said clerk may issue, shall be under his hand, and the scal of the court; and all summons' shall be eturnable within ten days from the day oF their issue, and shall be served, at east five days previous to the day they are returnable. Sec. 30. Each judge shall koep a record, to be denominated the judges' record, n which he .shall enter briefly, all the roceedings in eacli case which shall come before him, and shall make and record such judgment, order or decree, as he nature of the case requires, in, the brm as neor as may be, now practiced by usticesof the peace, which record, being signed by the judge, shall be all the reccept or made in such court. Sec. 31. A judge of the county court shall have power to entertain proceedings o perpetúate tesümony - enforce the speciiic performance of contracts - grant relief in all cases of abuse, and to prevent wrongs by injunction or otherwise, in as full and ampie a manner as a Court of Chancery might lawfully do; and in all cases to enter such order, or decree as ustice and equity require. Sec. 32. The sherifls of the respective counties of this State shall serve all processes issued out of, and from the county court; and shall enforce all orders and decrees made by the judges in such courts, according to the requirements thereof, in conformity with the laws of this State. Sec. 33. The party against whom a judgment may be rendered in a county court, may, at any time within ten days from the rendition thereof, enter bail for the stay of execution for one year, to be estimated from the commencement of the suit, provided the surety ofiered shall justify in doublé the amount of such judgment before the county clerk, unless the plaintiff waives his right, and consents to take such surety: And provided further That this section shall not be so construec as to allow a stay, except where the judg ment, order or degree is for the paymen of money. Sec. 34. Executions issued on judgmentsforlhe payment of money, shall, in all cases be returnable within three months from the date of their issue; and if not returncd within that time with the proper endorsement thereon, made by the Sheriff, he shall be liable for the amount of such execution. Sec. 35. No levy made by a Sherifl on any real estáte shall take effect or be valid, unless such levy be entered in a book to be procured by the Register ol the county, and be kept in his office forthat purpose. And every sueh entry shall be numbcredj-and shall contain the title of the cause, the date of execution, date of the levy, description of the property levied upon, and shall be signed officially by the Sheriff. All other proceedings on execution shall be agreenbly to the laws now in force, except in cases for the sale of morrgaged p as hereinafter provided. Sec. 36. The circuit courts of the respective courities of this state, .after the first day oí January next, shall be, and they are hereby abolished; and all the business, papers and books in siïch courts shall be transferred and delivered by the respective clerks thereof, to the clerksof the county courts respeclively. And the couniy court of each county sliall have power, and they are hereby aüthorized to take cognizance of all such business as may be thus transferred, and examine into, try, and determine the sam'e as ii' it had originated in said court. Sec. 37. Any party feehng himseTf j nggrieved bythe final judgment,ordei or decfee of ths county court, may at any time within ten days of the entry thereof; appeal thcrelrom la the circuit judge of tiie proper jutficiai circuit, as org'anized by this act: Provided, That the appelIant will exccute to the opposite party a good and sufficient bond, with one or moresureties, to be approved of by the judge, in doublé theamount of sücl) judgr ment, if a or if an order or decree, in such suin as the judge shall require, conditioned to prosecute such appcal to fmal judgment or de'.ermination, and abide the order of the said circuit judge thereon; and conditioned further, that the certified opinión of the judge to whom such a'ppenl is taken, shall be filed in the county court, where the same was tried, within six months from the date of said appeal: PVovided however, Thatno cause shall be appealed which was appealed to this court from a justice of the peace. Sec. 38. The appellant shall, wilhin ten days from the date of fil ing such bond, procure from thé county clerka certified transcript under the séal of thé court, of all the proceedings in said cause, embracing all theentries made by tbc judge in bis record, and all the testimony taken by ,the clerk, including the la w q.ucötionswhich may have arisen. and the decisión of the judge thercon, as taken down by the clerk which transcript shall be delivered to the circuit judge by the appellant, for the purpose of hearing before hitn as hereinafter provided. CIRCUIT COURT. Sec. f59. From and after the first day of January next, the juslices of the supremo court, now in office, in tliis state, shnll each have power, and they are hereby required, to keep au office in pome centra] and convenient pluce, in Iheir respective judicial circuits, as now establlshed by law, for the parpóse of hearing, exatnining, and disposmg of all caus es which may be broughf before them, agreeabl}' to the proviáiona of this act. Sec. 40. Said justices pliail be denotninated "circuit judges," und shall not have jurisdiction of any cause, except by appeal from courts respective])', of their circuits. And in 11 cases where their decisión is in confirmaion of the decisión of the county court, such ecision shal! be final aud conclusive between je porties. Sec. 41. Each circuit shall bereaí y t hts office at all reasonable hours, to take harge of any cause which may be brought before him. And when a transcript is delivered to him of' any cause appealed from a county court, he shall enter such cause in a book to be kept. by him for tiiat purpose, and assign a doy for hearing thereof, not to exceed thvrty days from the day the eaine is thus enlered.Sec. 42. The appellant or Iris attnrney shall wilhin ten days from the day said apeal is thus entered. cause a notice in wriing to be served on the opposite party, or on lis attorney, informing him of the day assignedby the circuit judge for the hearing oftaid cause; and if such notice is noteerved and satisfactory proof thereof made to the judge on ;!ie day of hearing, said appeal shall be dismissed without costs. Sec. 43. All causes oppealed Trom a county court to a circuit judge, shall be hean) on the transcript of the cause made out by the clerk, and no affidavit or other tesümony shall be heard, or niotion allowed or argued, except a motion to dismiss, as provided in the last above 8ection. Sec. 44. No delay shall be pcrmilted in the hearing of a cause before a circuit judge, for any purpose except on account o!' the absence or ill healih of the judge; and if either party should be injured on euch hearing, on account of the failure of the county clerks in not sending up the whole of said cause as it was recorded ly the judge in his record, and hy the clerk as taken down during the trial, such clerk shall be liable to pay to the injured party all thedamages vvhich such party sustained on account of such failure or nrnision to be recovered, on complaint, as in other cases. Sec. 45. In all cases where the clerk is a party or is interested ín the event of the suH, the judge shall appoint some master in chancerv to officiate in his olace.Sec. 46. Afler a cause has been fally argtied and snbmittcd to a circuit judge. he shall within six months frnm the date of the appeal, certify his opinión n writing' to tim county court from wbich such cause was appealed, and deliver the somc to the party in whose favor the same is made, or to the appel lant whose duty it shall be to file such opinión with the county clerk. Sec. 47. The circuit judge shall make n brief statement in his book, of each case befnre him with the points which may be raised on the argument, and ihe decisión which he mukes in such cause. Sec. 43. In any 'case of an appeal frórn (he county court lo the circuit court, the party appÈahng shail canse the ser'ufied opinión of the circuit judge to be filèd with ihe clnrk of the couniy cöurt within si.v months frori the date of such appeal; and in case of fuilure the appellee shall proceed in such cauee as if no appeal had been taken. Sec. 49. A circuit jude shall not reverse the judgnrenf, order, or decree of a county court, on accouiit of any wnnt of form, or on account of any alleged illegafity or irregulanty,bnd or tnade in the coiïrse of airial in such court, not afiecting the renl meriïs of the matter in con troversy: Provided, that on an examination of the whole cause, he éhall be uf opinión that substanlial justice lias boen done betwecn the parties. Sec. 50. If a circuit j'idge shall continu the order, or decree of the county court, such confirnialion shall be final and conckif-ive between the parlies. But if snch judge fIiiiII reverse, nlter or modify such jiidgmënt, or decree, the party ajigrieved thereby may deinahd that su -h cause be taken beforp the Bupreme court in f uil bench, as hereinafter provided.Sec. 51. On the return of a cerlihed opinión of a circuit judge to the county court, (rom which an appeal had been taken, the judge of siïch county court shall enter in his record a judgment, order or decree,in conformity tlierevvith; and slmll add thereto sucFi reasonable arnount, by way of costa, as he shall be of opinión wovild be a fair compensation for the expenses of the party in prosecuting or dofending such apoeal: and no judgnient shall be cJitered or costs taxed by the circuit judge in any case. Sec. .V2. On' an' appeal heing taken from the circuit j'idg-e to the supreme court, ihe ftppellant shal!, wilhin twenty days from tiie day on wliiclr the certified opinión of ihe circuit judge was filed with tire cK'fk as above provided, rnake and file willi the clerk of the county court, in which socli cause was tried. a bond ro lbo opposite party, in &nch sum as the judge of such county court thall direct, with one or more euretic, to be approved by such judge, coaditioned to prosecute sacnpeal to u fiíiul tienrin, und hule the finad i determinal ion of tho supreme couit therein, ind pny all costs anti tiaiiKiges wiuch may be ; awarded agaiiist liiin on surii rippeal. Sec. 'jó. On au appi-al bond hv'uig filed as ahove providec!, tho cmuity clerk ehali give to I the nppellant a certifícate uiuler se] oí sucli , fací; and on the delivery to the circuit jiige : of tucli certiíicale, lie sliall mmediateíy endorse on the back of ihe transcript the word '■appcaled,'' together vi;h the date of sucli ; appeal, and sign lus name llifretc; anc1. assoon aa rnay be convenient iliereaitfir, he shali . ward eticb transcript, tima endorsed. to lhe cJerk of the eupreme court, for their íinai tion Üiercon. SUPREME COURT . Sec. 54. The snpieme eourt of this einíel shull consist of the four j':s:icea now o;i the , bench, and their successors ín nflíce under the constitution and law of ifiis stnte, who sliatl liold a fession of said conit ai ofgovernment once in eacli year, conimencing' on the first Tuesday of Jannary, and at no other time. Sec. 55. The supreme conrt slini1 hnve appella'e jnrisdiction from the circuit judges in all case?, eitlier in bv or equiíy. tiareeably to the provisiöns of thia act, and tbe laws of this state nol inconsisient therewiili. Sec. 56. All causes shal! be brougfht bej fore the supreme conrt by appe;i) from llieciri cuit judges and shall be hfaul on the transcripta of snch causes, eent up by a circuit iudffe. esreeablv to this act.Sec. 57. The circuit j.idge frorh wliom a j lause muy have been appealod to the suproine :ouit, shall not be permitted lo givo lus opinon on ihe final decisión of sucli cause, but noy give lo the other jur'grs any information respccliiijEf such causo which he may deern proper and necessary to their fully understandng the same. Sec. 58. The supreme covirt shnll, nl its ; nnmia! session, liove nnd dispose of all cases I bronght before it on appeal Trom the circuit judies, and shall, on i!s iinol disposition of sucli causes, dipose of the same in sucli manner as shull be promotive of justice - huving eference to the merits of each cnse, and not fègarding a want of form or technicaüty, vvHich did not affect such merits. Sec. 50. Whenever u canse is firnl'v di?posed of in the supreme court, thecoslsshaï! alao be so awarded as no ïnJMslice be done loeilher pait": and Ihrt court mny, in iheirdiscrelio'n, in any case wliere the circurnítnnces would seem to rcqnire it, award lo ei'Jier party, by way of costs, such specified sum as they may deern eufficiënf to reihunerate such party for any expenses to whieh he mny liave been necessarily put, in the prosecnlion or dofence of his cHiise. Sec. 60. No cause f-lmll be taken into the íupreme court by a urit of erro or cortiorari; nor shall such court have power te siay or conirol the proceedinirs ín any inferior court by injonction or oiluiwie. Sec. 61. The ctuirt of chancery of thisState, Trom and afier the first day of Febrtiary nex', shali be abolished: and the business ui said courtshall, after such date, be transferred to thesupreme court of this Siate. Sec. GS. The registers of the respective circuits ín snch chnncery courls, in this State, are Iiereby reqnired, on the first day of Juiniary next, to deüver to the clerk of the supreme cotirt, n!l the bonita and papers whieh may be in their offices re.spcctively as well, cases dipposed of, as those nnt disposrd of, for the purpose of carrying in'.o eflect llie provisions of this act. Sec. C3. iie esnpreme court sliall have power, and it is hereby nnide tkeir duty, to tafee cognizance of uil llie uosetijeii business thus Irar.serred to s'ich couri, and hpa1, examine and dispuse of the sanip, in the siüie marmer es f such buiines.s liad been brouglit oefore tliem on nppeal from the circuit ju'dge; und if the j'isticcs of tuch tupíeme court shonld deern it necessary and important for ihe interest of the parties interesled in such transferred case, tliey may, in their dicretion, associate vith them at their first annual session, the chancelior, vvlio shal! have a voice in the finai dispobiiion of snch the same as one of the justices of sucii court.MORTGAGES. Sec. 6 4. No real estale sbalí bc solrl on any mortgage, executed alter thia act shall take effect, unless tlie inortjagee? Ins heirs or assigns,shal! first obtain a judgment on complaint, or by confessinn beíbro the cuuuly cóiírt, in which l he mortgaed premises nre situsíéd; and i I' theporty in vvlioe fuvoreuch i jndgment is rendered símil demnnd riri tífiiér fot thc sale of tho jiremiss flescribed iti lite mortgagc, the judgo ofthe coiinfy court ehuW tínter the snme in brief form n his books, fix ng rn the time oí' en le, wbieb .sb;ill not bd lesa tban one3icar from the date of said i ment. Sec. G5. A mortgage oxeciUod prcvions to the time wben this act sball Utke effect, shall, ou being forecloscd agreeably tu tli,act, have the same length of tirrftí'to run previous. to tlie day of sa'e, tíiat such mortgagc j would have had it the same were foreclosed ander the present law. Sec. 66. A party aofainst whoin a j'i'1ment rnay be rendered for the amount dc on a mortgnge, nuiy oiiier bail for the stay of execulion,- as in other coses: Provided hovev-'; er, That if Ihe amount ot l lie judgrnent is nut paid nt or before toe cxpirution of lije timo for which such exectition was stayed, the plaintiff rrtay, at bis election, have exjculion against thft priiicipal, and bail ín such ment, or may have an order for thc Bale ; of the mortgaged premises, as iu other cases. Sec. 67. In all cases whore th r slierifT, shall maka salu of the morigaged premises under the provieions of this act., le shall execute;i deed lo the purchaser wirbiti fon duys of the day of sale, nnd said deed shal! vest in the gnmtec all the trtJe of the mmlgage to said premises, nnil on beinr tegar)y iecordeI irí' the proper cóunfy, sha 1 be prima facie evidence in all cmris of tbis state of the regularity of the procccdingfy'ui the foreclosure and sale. CRIMINAL PROVISIÖNS. Sec. GS. In each of the organizeJ coun- fies of this state, except in the counties of Wayno, VVashtenaw. üakïancl and Jackson, tiie g-rund j'iry, vvhich by las?, is now returnable to the circuit eouri, shall be summoned and returned te tho counry court. once in eaoh and evory yeur. The first tnceiii)r of such' jury to bp on tlie second Tnnf-day of November; A. D. 1845: nnd tho judge of thecounty conrt is rerjoired to perfomi nll the duties iv relation to such jury, which are now-rerjtiired'' to be performed by the üiiige of the circuit court. Sec. (59. The grand jury, in addition to' the powerö nowvested in tliem by law, shall have power to send for, and examine witnesser, as we'l on behalf of thoBS charg'ed with offencee, a in behnlf of the oeople, but alyall in no' ense permit more ihnn one witness to be pfesent at a time, nor sholl they pennit counsel to be present, eii her on behulf of the people, or of the accuseii. Sec. 70. Any legal advice vvhich the jury j may require in tlie course of their investiga - ; tions,shaK be given to them by the iudge ofi lie county court, if such jttdge be a momber of tlie legal profesión, if not, then such' jury -hail ertct tome tnember of the bar, for thaf purpose, n whose abrlity, and ir.tegrity ihey can confide; and a certifícate of snch jury as to the valué of such services ehail be evidence t.o the board of supervisors. Sec. 71 . A warrant may issue for arrest of any person indicted before a grand jury and on being brought before the county court, . sholl there bc 1 ried before the judge or before a jury, in all respecls as in civil cases. - - The posiponement of the trial on the npplicn- - tion of either party to rest in the sound - cretion of the judge. Sec. 72'. Where a person has i ned before a justice ot the peace, ahd held to bai! or commitied to pnson, such person shall at liis select ion, jai I, give bail forhisnp! pea ranee, fifthe ofFence charged be bailable-) or g"o lo trial before the couniy court; and it ! such perpon shall demand to be tried fur suchoflence immediately, the sheriff shall take suclv person before the .county jndge where he ehiill be entilled to a speedy trialj on theconiplaint mde before the jnstice alone: such triallo be in all respects as in olher cases on in- dietmëtitiSec. 73. The judge of each county court' shall keep a repárate record for criminal ca- ses, in which he aha!] enter briefly the proceed ings had before h i m in each case. Ser. 78. The clerk of each county court' sball be required to keep á criminal calendar,and shall tuke down in vvriling all the; n:ony given at tlie trial in behalf the peo- pie, as well as in behalf of the defendont,a7id I all law queslions which inay arise, and the' I judges decisions thereon, and file, and' pieserve the same as in civil cases. Sec. 75. Appeals shafl be allo wed ín crirri j itiíil case?, and be governed and perfectëcTin all respecis. as in civil cases, unless the of Cence charged be euch thafc by law t is not bailable, in ■ which case thfi party anpfalin ! shall remain in -prison untilsuch a opea 1 is determincd. GENERAL rROVISIONS'. Sec. 7i!. In any cause where a new trial is jrianted, either porty tftay read the testimony óf any witnèss who may have testified on the fermer li ml, provided sti'ch party shall produce salisfaciory evideneft to the j'.idgc that the witness ivhöse testimony is thus souglit, is miable to attend such trial, or is beyond theroQch of proces?. Sec. 77. Á juVtgé of the cnunty cotirt may in liis discretipn iiant a néw trialili any case, if the party applying therefur, shall witliin' twenty-fbur boufs of the entry of ihe jüdginent, order, or decree, dèmand the sanie, ono state to the j'idge in writing, the reasona or j grounda of such application; provided, however, that no neiv trial sha-l! be gran'od, excop' on the paymenl of the costs of the former' ïri;i!; nnd provided further, tliat such appiica! tion shall be argued and disposed of within tei days fren) the litne the sanie is made. Sec. 73. Ail thedifferent forms ofactions,fdrrns of plí?adiitgs heretofore used; all non-! iiils, jiiSgnfients as in case of non snit; alf ■ dëmiirrers to evidence, or toany pleading; all ! cömmoh tffoïifths and ruleá: nll notices of tridl, or notes of' i.ssue and afBdavits of merits,uul all otlier proccedings, or practice, for which a siibsíiuite is proviledin thiá act are' ! iicreby abolislicd. and all acts or partsof acts, inconsistent with thib' act ore hereby repeuled. Sec. 70. The sheriff of c?ich county shall procure jiirins in the county court in the sanie" nanner, in which they are now procured bej fore a jusljce of the peace by a constabfe, ani slwll performal! the dtities in the county conrC analaguiis to th.ose pcil'ormed by constable bebre justices of the peuci?: FORMS. Sec. 30. The followin or ot her equivalent fornts fahall be ihsed under tile provisions of this act. OATil OF COMPI.AINANT ÜR DEFEXDANT. "You do PuJcipiily swear thut vort wiïl' state your (coniplu'tnt or answer as the case inoy ; be) trii!y,accodii)g to the heit ofyour knowl-edge ii ud belief', uiid that you wil] (admit or crdil to deibndant or plajntiflf) all tums due within your luiowKdyo, ond tme anvt-rd make to all que.s?tioos put lo yuu tuuclurig tU game.


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