CHAPTER 89.

OF THE CIRCUIT COURTS.

TITLE XXI.

CHAPTER 89.

SECTION 1. This state shall be divided into four judicial circuits, Judicial circuits. to be denominated the first, second, third, and fourth circuits respectively, as follows:

1. The first circuit shall be composed of the counties of Monroe, Wayne, Macomb, Lapeer, St. Clair, Mackinaw and Chippewa :

2. The second circuit shall be composed of the counties of Washtenaw, Jackson, Calhoun, Lenawee, Hillsdale, Branch and Eaton :

3. The third circuit shall be composed of the counties of Kalamazoo, Van Buren, St. Joseph, Cass, Berrien, Allegan, Barry, Kent and Ottawa:

4. The fourth circuit shall be composed of the counties of Oakland, Livingston, Ingham, Shiawassee, Clinton, Saginaw, Genesee and Ionia.

Circuit courts

held.

SEC. 2. Each of the justices of the supreme court shall, twice in each year, except in the cases hereinafter otherwise provided, hold how often to be a circuit court in each of the counties in the circuit designated in his appointment, and in the performance of such duties shall be denominated circuit judge.

in certain coun

SEC. 3. It shall not be necessary to hold the second term of the When not necescircuit court appointed to be holden in any year, in either of the coun- sary to hold court ties of Chippewa, Mackinaw, Saginaw, Shiawassee, Clinton, Ionia, ties. Barry, Eaton, Ingham, Ottawa, Van Buren and Allegan, unless the sheriff and county clerk of any or either of said counties shall, at or before the time fixed by law for the drawing of jurors, determine that it is necessary.

SEC. 4. In case such sheriff and county clerk shall deem it neces- When justice to sary that a court be held and a petit jury be summoned to attend such attend on receisecond term in any year, they shall make an order that such jury be ving notice. drawn and summoned, and file the same with the clerk, and immediately transmit a notice of the making of such order to the justice of the supreme court appointed to hold the circuit courts in their county, and it shall thereupon be the duty of such justice to attend such second term.

SEC. 5. Each of the said justices shall, within one month after this Appointment of chapter takes effect, fix and appoint the times of holding the several terms. circuit courts within his circuit, for the period of two years; which courts, when so fixed, shall remain unaltered for two years; and he shall in like manner, at least two months next before the expiration of the said two years, appoint the said courts for the ensuing two years, and so on, for every two succeeding years thereafter.

circuit courts.

SEC. 6. The place of holding such circuit courts in each county, Place of holding shall be the court-house therein, if there be one, and if there be none, then such courts shall be holden at such place therein as the sheriff and county clerk thereof shall order.

Appointment of

transmitted to

SEC. 7. Every justice of the supreme court shall transmit to the clerk of each county within his circuit, a copy of every appointment circuits to be of circuits made by him, immediately upon making the same; which clerks, and pubshall be filed and preserved by such clerk; and every such appoint- lished. ment of circuits shall be published in some paper printed at the seat of government, once in each week for four successive weeks, and the last publication thereof shall be at least one month before the holding any circuit court in pursuance thereof.

of

TITLE XXI.

CHAPTER 89.

Abstract of ap pointments to be

arranged and published.

Jurisdiction of circuit courts.

Submission of facts, and judg. ment thereon,

&c.

Appellate juris

SEC. 8. The publisher of the said paper shall arrange such appointments under one head, and publish in such paper an abstract thereof, designating the name of each county in each of said circuits, and the times appointed for holding the courts therein; and the expense of such publication shall be paid out of the state treasury.

SEC. 9. The said circuit courts, within and for their respective counties, shall have and exercise original and exclusive jurisdiction of all civil actions and remedies at law and in equity, and of all prosecutions in the name of the people of this state for crimes, misdemeanors, offences and penalties, except in cases where exclusive jurisdiction shall be given to or possessed by some other court or tribunal, in virtue of some statutory provision, or of the principles and usages of law, and shall have such appellate jurisdiction and powers as shall be given 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 conrts of record at the common law, and by the court of chancery as heretofore established, for the full exercise of the jurisdiction hereby conferred.

SEC. 10. Parties to any civil cause pending in any circuit court, may agree upon the facts in such cause and submit the same to the court; and such court shall thereupon render judgment in the cause upon the facts so submitted; and if either party shall be dissatisfied with such judgment, a bill of exceptions to the opinion of the court may be tendered, and the judgment removed to the supreme court by a writ of error.

SEC. 11. The said circuit courts shall have power, and it shall be diction of circuit their duty respectively, to hear and determine all such matters as may be lawfully brought into said courts by appeal or otherwise.

courts.

Changing venue and proceedings thereon.

Rules of practice in circuit courts.

Journal of pro

ceedings to be

SEC. 12. Each of the said courts, upon good cause shown, may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county, and make all necessary rules and orders for the certifying and removing such cause, and all matters relating thereto, to the court in which such issue shall be ordered to be tried; and the court to which such cause shall be so removed, shall proceed to hear, try and determine the same, and execution may thereupon be had in the same manner as if the same had been originally prosecuted in that county, except that in all criminal cases, when the defendant shall be convicted, and be sentenced to imprisonment in a common jail, the court awarding sentence shall direct that the defendant be imprisoned in the common jail of the county in which the prosecution was commenced.

SEC. 13. The said courts shall, from time to time, make rules for regulating the practice of the said courts at law or in equity, and conducting the business thereof, until the supreme court shall prepare and transmit to the said circuit courts a code of rules to be adopted and used therein; and when such rules have been so prepared and transmitted, they shall govern the circuit courts and the practice and proceedings thereof, until altered by the supreme court, or by their authority.

SEC. 14. Each of the clerks of said courts shall keep a journal of kept and signed. the procedings of the court, under the direction of the presiding judge, and all entries therein shall be read over in open court, by the clerk, from day to day, and shall be corrected when necessary, and signed by the presiding judge.

TITLE XXI.

CHAPTER 89,

any part of the

SEC. 15. Each justice of the supreme court shall have power to hold and preside in any circuit court in this state, either for the whole time such court shall continue, or for any part of that time; and in Justices may case either of said justices shall be incapable for any cause, of hold- hold circuit in ing any of said courts in his circuit, it shall be the duty of any other state. of said justices, on being notified thereof, to attend such courts, if he can do so without interfering with the courts previously appointed by him.

be ordered.

SEC. 16. Whenever the circuit court for any county shall fail, and when and how the chief justice of the supreme court, or if he be absent, or if his office special terms to be vacant, the senior justice thereof shall think the public good requires the holding of a special term of said circuit court, it shall be the duty of such justice, by an order under his hand, to appoint the holding of a special term thereof in such county, at such time as he may designate in such order, not less than thirty days from the date thereof, and to assign one of the justices of the supreme court to hold the same.

rors.

SEC. 17. The justice making such order shall forthwith transmit the Notice of order, same to the clerk of the county within which such court is appointed and drawing juto be held, who shall file the same in his office, and immediately give notice to the sheriff and prosecuting attorney, and jurors shall be drawn and summoned to attend such court as in other cases.

SEC. 18. If no one of the justices of the supreme court shall come When clerk or to the place where any circuit court is appointed to be held, the sheriff sheriff to adjourn or clerk of such county shall open such court by proclamation, and court to next forthwith adjourn the same until nine o'clock in the forenoon of the next day.

day.

without day.

to be continued

SEC. 19. If one of the justices of the supreme court shall attend at when court to such place at any time before six o'clock in the afternoon of such se- be adjourned cond day, the said court shall be opened and proceed with the busisiness before it; otherwise the said sheriff or clerk shall open said court as aforesaid, and adjourn the same without delay, and the clerk shall note the facts on the journal of the proceedings of the court. SEC. 20. All causes and matters pending in any circuit court which Recognizances shall have failed to be held, shall stand continued until the next term; when court fails. 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 circuit court appointed to be held in such county, and all such recognizances shall continue in force and be binding and obligatory upon the parties thereto, unless a new recognizance, approved according to law, shall be entered into for such appearance.

SEC. 21. All writs and process issuing out of and returnable in the Process. said circuit courts, shall bear date on the day when the same shall issue, and shall be tested either in the name of the circuit judge, or in

the name of the chief justice of the supreme court.

SEC. 22. The seals now in use in the several circuit courts of this Seals of the cir state, shall continue to be the seals of the said courts respectively, cuit courts. until others shall be provided according to law,

TITLE XXI. CHAPTER 90.

CHAPTER 90.

Circuit courts to be courts of chancery. Their style.

Court of chance

matters pending

court.

Proviso.

OF THE COURTS OF CHANCERY.

SECTION 1. The several circuit courts of this state shall be courts of chancery within and for their respective counties, the powers of which shall be exercised by the circuit judges thereof; and the name and style of such courts sitting in chancery shall be, "the circuit court for the county of , in chancery."

SEC. 2. The court of chancery as now established by law, is herery abolished, and by abolished; and all causes and matters whatsoever pending theretherein transfer in at the time this chapter takes effect, shall be, and the same are red to supreme hereby transferred to the supreme court, to be proceeded in, heard and determined by said court, within such judicial circuits of said court as the justices thereof shall direct; such direction to be given in and by a special order, signed by said justices, and published daily and weekly in two newspapers printed in the city of Detroit, for four weeks next before the day on which this chapter takes effect: provided however, that any such cause or matter may be transferred to any circuit court for any county of the state, by agreement in writing of the parties thereto, designating such court, and filed with the register in chancery of the circuit to which such cause belongs, not less than twenty days before the time herein provided for the first publication of the order aforesaid. And the said supreme court, or such circuit court, as the case may be, to whom any such cause or matter may be transferred as aforesaid, shall, from the day this chapter takes effect, have the full chancery power and authority, so far as may be necessary to proceed in, hear and determine the same.

Transfer of pa

moneys, &c.

SEC. 3. Every register in chancery of the court hereby abolished, pers, securities, in whose custody, or under whose control any books or papers, relating or properly belonging to any matter or cause so transferred as aforesaid, may be at the time of such transfer, shall, within ten days after the first publication of the aforesaid order, or the filing of such agreement as aforesaid, transmit to the clerk or register of the court to which such matter or cause shall have been transferred, all books and papers belonging or relating to such matter or cause, in his possession or under his control; and all moneys, stocks, mortgages and other securities, remaining vested in any such register of the court herein abolished, at the time this chapter takes effect, pending, belonging or relating to any matter or cause transferred as aforesaid, shall forthwith upon such transfer, pass to and vest in the register of the court to which such matter or cause shall have been transferred; and every bank holding any such moneys or securities on deposite, shall forthwith upon such transfer carry the same to the credit and account of the clerk or register of the court to which such matter or cause shall have been transferred. All other moneys and securities which, when this chapter takes effect, shall be on deposite in any bank to the credit of any register of the court hereby abolished shall, unless otherwise ordered and directed by the circuit judge of the circuit in which such bank is situated, be by said bank carried to the credit and account of the justices of the supreme court, and kept subject to the order and disposal of the said supreme court.

Clerks of circuit courts to be re

SEC. 4. The clerk of the circuit court in each county, shall be, by gisters in chan. virtue of his office, the register in chancery for such county, and shall

pery.

TITLE XXI.

CHAPTER 90.

ters.

attend every term of the circuit court in chancery held within such county. SEC. 5. Each of said registers, before entering upon the duties of his Bonds of regisoffice, shall execute a bond to the people of this state, in such sum as the circuit judge shall direct, not less than five thousand dollars, with at least two sureties to be approved by the circuit judge, conditioned for the faithful performance of the duties of his office.

be filed, and

&c.

SEC. 6. Such bonds shall be filed with the auditor general, and if Where bonds to either of them become forfeited, the circuit judge shall direct the when prosecuted same to be prosecuted, and the moneys recovered shall be applied under his direction for the indemnity of the persons aggrieved, in proportion to their respective losses.

&c.

SEC. 7. The registers shall severally have the custody of the seals Registers to have of the court, and of all the minutes, books and papers deposited in custody of seals, their respective offices, and it shall be their duty carefully to attend to the management and preservation thereof.

into court, how

SEC. 8. All moneys brought into the court for or by any suitor, and Moneys brought paid to the register, shall be deposited in such banks, or safely kept kept. in such other manner as the court shall direct.

hibit accounts.

SEC. 9. On the first day of the term of the court, the register at the Registers to explace where the same is held, shall exhibit the account kept by him of all such moneys, and also his bank account, in case such moneys shall have been deposited in a bank.

SEC. 10. Every such bank account shall be accompanied by a cer- Certificate of tificate of the cashier of the bank in which the deposite is made, that cashier of bank. the total amount stated therein to be deposited, is actually in the bank, placed to the credit of such register as register in chancery of the proper county, and not mingled with any other account.

paid out without

SEC. 11. No money brought or paid into the court, and deposited Moneys not to be in any bank to the credit of any officer of the court, shall be paid out order of court. by such bank, without the production of the order of the court, authenticated by the signature of the circuit judge.

may cause cer

SEC. 12. Each circuit judge may cause any moneys brought into Circuit judge court pursuant to any order made by him, to be invested or placed at tain moneys to interest, as he shall think proper; and the party bringing money into be invested. court pursuant to any order thereof, shall in all cases be discharged from all further liability to the extent of the money so brought into

court.

ties to be taken

keep account,

SEC. 13. All stocks and securities taken by order of the court for Certain securithe benefit of suitors therein, shall, if directed to be taken in the name in name of reof any officer of the court, be taken in the name of the register of the gister, who shall court in whose office the bill or petition in the case shall have been &c. filed; and every such register shall keep just and full accounts of all moneys, stocks and securities which shall come to his hands by virtue of his office, and of all payments and investments made by him. SEC. 14. On the death, removal from office, or resignation of a re- On death, &c., gister, all stocks, mortgages and other securities vested in him at the rities to vest in time of such death, removal or resignation, by virtue of any of the successor. proceedings of the court, shall vest in his successor in office in like manner as if such register had been a corporation sole, with right of succession.

of register, secu

in bank to be

SEC. 15. All moneys deposited in any bank, to the credit of such When moneys register, shall, upon his death, removal from office, or resignation, be carried to credi carried to the account of his successor in office; and every such bank of successor. shall take notice thereof, and transfer such accounts accordingly.