ON THE

POWERS AND DUTIES

OF

JUSTICES OF THE PEACE,

IN THE

STATE OF MICHIGAN,

UNDER CHAPTER NINETY-THREE OF THE REVISED STATUTES,

WITH

PRACTICAL FORMS.

BY ALEXANDER R. TIFFANY,

COUNSELLOR AT LAW.

THIRD EDITION.

DETROIT:

PUBLISHED BY S. D. ELWOOD, GRISWOLD STREET.

1859.

COPYRIGHT OF FIRST EDITION:

ENTERED according to Act of Congress, in the year 1849, by ALEXANDER R. TIFFANY, in the Clerk's Office of the District Court of the United States for the District of Michigan.

SECOND EDITION:

ENTERED according to Act of Congress, in the year 1851, by ALEXANDER R. TIFFANY, in the Clerk's Office of the District Court of the United States for the District of Michigan.

THIRD EDITION:

ENTERED according to Act of Congress, in the year 1858, by ALEXander R. TIFFANY, in the Clerk's Office of the District Court of the United States for the District of Michigan.

350622

STEAM PRESS OF CURTIS, BUTTS & CO., ROCHESTER, N. Y.

OF THE COMMENCEMENT OF SUITS, AND THE SERVICE AND RETURN OF

PROCESS,..

....

19

1. Of the Commencement of Suits, and the time they are con-

sidered as Commenced,...

19

7. Certain matters in relation to Process not heretofore men-

tioned,....

81

3. Of the Time for Appearance, and the necessity of an Appear-

ance,...

91

CHAPTER IV.

OF THE TRANSFER OF CAUSES TO OTHER JUSTICES,.

1. In Suits commenced by Warrant,

2. In Suits commenced by other Process,.

3. In case of absence of Justice on the day of trial,.

4. In case of Vacancy in the office of any Justice,...

CHAPTER V.

PAGE.

93

93

93

94

95

OF PLEADINGS AND SET-OFFS,..

96

1. Of the time at which Pleadings are to be made,..

2. Of Pleadings in general,..

96

98

3. Of the Declaration,

4. Of Pleas to the Jurisdiction and in Abatement,..

5. Of Pleas in Bar, and Notice of Special Matter,.

General Issue,.....

1. Accord and Satisfaction, Notice of,..

99

103

.. 112

.113 to 117

.. 118

2. Of irregular Adjournments, and the effect thereof,

170

CHAPTER VIII.

OF COMPELLING THE ATTENDANCE OF WITNESSES,..

PAGE.

172

1. In what Cases a Justice may issue Subpoena for Witnesses,.. 172

2. Of the Service of a Subpoena, .

174

3. Of compelling the Attendance of a Witness by Attachment,. 174

4. Of the Penalty for non-attendance as a Witness, or refusing

to testify,....

176

CHAPTER IX.

OF THE TRIALS OF ISSUES OF FACT, AND THE INCIDENTS THERETO,.

181

1. Of Trials before the Justice without a Jury,.....

181

2. Of Trials by Jury, and when to be demanded,.

183

3. Of the Venire, the Service and Return thereof,.

184

4. Of Calling the Jury, of Challenges, of Swearing the Jury,... 188

5. Of the Penalty upon Defaulting Jurors,.

193

6. Of the Proceedings on the Trial, . . . .

193

...

7. Of the Deliberations of the Jury, Receiving and Entering the

Verdict, and Discharging them,

212

1. Of the form of Executions, when to be Issued, and when Re-

turnable,...

279