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Act, how to continue in force.
shall not be levied, nor shall any other tax for highway purposes be voted.
SEC. 7. The word "highways," as used in this act shall be understood to include the bridges as well as the roadways in the township operating under this act.
SEC. 8. This act shall continue in force in any township which shall vote in favor of availing itself of its provisions, until the taxpayers of the township shall vote for a return to the provisions of the general highway laws of the state, for the care and improvement of the highways; but the question of such return to the provisions of the general highway laws shall not be submitted to the voters of the township until the provisions of this act shall have been in force in the township for at least three years; and then only on the written request of at least twenty-five taxpayers of the township, setting forth their belief that the results have not been satisfactory to the best interests of the township.
SEC. 9. The provisions of this act shall apply only to Berrien county.
This act is ordered to take immediate effect.
AN ACT to authorize the township of Weldon, Benzie county, to issue the bonds of the township in the sum of two thousand dollars for the purpose of building a system of waterworks in the said township, outside the corporate limits of the village of Thompsonville.
The People of the State of Michigan enact:
SECTION 1. That the township board of Weldon Township, how used, etc. Benzie county, is hereby authorized to issue negotiable coupon bonds of said township to the amount of two thousand dollars, for the purpose of providing funds for building a system of water-works in said township outside the village limits of the village of Thompsonville. Said bonds shall be designated as water-works bonds, and shall become due and payable not later than ten years after their date, and shall bear interest at six per cent per annum, payable annually, and shall be in such form and denomination, and executed in such manner as the township board may, by resolution, direct, and when issued and delivered, for value, shall be valid and binding obligations upon said township.
This act is ordered to take immediate effect.
AN ACT to establish and provide justices' courts in the city of
The People of the State of Michigan enact:
to be elected.
SECTION 1. That there shall be four justices of the peace in Four justices and for the city of Detroit, who shall be elected at the regular charter election of said city, or at any general election held therein, in the same manner, possess the same jurisdiction, powers, duties and liabilities, as justices of the peace for townships, excepting as otherwise provided by law. Each of said Term of office. justices of the peace shall hold his office for the term of four years, commencing on and after the fourth day of July succeeding his election. The four justices of the peace heretofore elected, and now holding office in said city of Detroit, shall be and continue to act as justices of the peace under the provisions of this act until the expiration of their respective terms of office for which they have been elected, and until their successors are elected and have qualified. The files, records Records, etc., and dockets belonging or appertaining to the offices of justice of the peace now in office, and all files, records and dockets hereafter appertaining to such offices, shall be filed and safely kept in the office of the clerk of said justices' courts hereinafter mentioned.
SEC. 2. At the general election held in November, in the Two to be year nineteen hundred and four, and every two years hereafter, two years. there shall be elected two justices of the peace, whose terms of office shall commence on the fourth day of July next succeed
ing their election, and who shall hold their office for a term Term of office. of four years.
SEC. 3. The auditors of the county of Wayne shall who to proprovide suitable rooms for the accommodation of said justices dockets, etc. of the peace, and also an office for the clerks hereinafter mentioned, also such jury rooms as may be necessary, which offices and rooms shall be as nearly contiguous to each other as in the discretion of said auditors, and the convenient dispatch of the business of said courts requires. Said auditors shall also provide necessary dockets and books, including the Michigan Reports, blanks, stationery, furniture and fuel, for the use of said justices and clerks.
SEC. 4. Each of the said justices of the peace elected in the Jurisdiction of said city of Detroit, and duly qualified according to law, shall justices. have original jurisdiction of all civil actions wherein the debt or damages do not exceed the sum of one hundred dollars; and concurrent jurisdiction in all civil actions excontractu and exdelicto, wherein the debt or damages or the property involved does not exceed the sum of five hundred dollars, except as provided in section seven hundred and four of the Compiled Laws of Michigan, A. D. eighteen hundred ninety-seven.
Not to affect certain fees.
Hours to keep court open.
To be one clerk.
SEC. 5. The said justices of the peace of the city of Detroit, as against all other justices of the peace, shall have exclusive jurisdiction of all actions and proceedings within their juris diction, where both of the parties thereto shall, at the time of the commencement of such action or proceeding, be residents of said city. They shall also have a like exclusive jurisdiction where the original cause of action existed in favor of a resident of said city, but has been by him assigned: Provided, however, Such assignee resides in Wayne county. They shall also have jurisdiction in all cases where either or any of the parties reside in said city.
SEC. 6. Each of said justices of the peace shall receive from the treasurer of the county of Wayne an annual salary of two thousand five hundred dollars, payable in semi-monthly installments on the certificate of the board of auditors of the county of Wayne.
SEC. 7. This act shall in no way affect the fees to which said justices of the peace shall be entitled on the performance of marriage ceremonies, taking acknowledgments, and in adminis tering oaths in matters not connected in any litigation in the said justices' courts.
SEC. 8. Each of the said justices shall have his court room open, and he shall be in attendance at the duties of his office therein, from nine o'clock in the forenoon, city time, until twelve o'clock noon, and from two o'clock until four o'clock in the afternoon: Provided, That where either one of said justices is actually engaged in the trial of a suit, he shall so continue at least until five o'clock in the afternoon, when it shall be necessary so to do in order to finish the trial of said suit.
SEC. 9. There shall be one clerk for said justices, who shall be known as the clerk of the justices' courts for Detroit. The office of said clerk shall be open continuously from eight-thirty a. m., until four o'clock p. m., city time, each day, excepting legal holidays. He shall be appointed by the board of auditors for the county of Wayne forthwith upon the making and filing with them of the written recommendation of the majority of said justices holding office, on or before December thirty-first of each year. If for any reason such recommendation be not made and filed by the said date then the said auditors shall Term of office. make such appointment on their own motion. The term of office of said clerk shall be one year, to commence on the first day of January. He shall receive from the treasurer of Wayne County an annual salary of fifteen hundred dollars, payable in semi-monthly installments on the certificate of said auditors of Wayne county.
To file bonds.
SEC. 10. Before entering upon the duties of his office, the said clerk shall file in the office of the clerk of Wayne county, a surety company bond in the penal sum of five thousand dol lars, to be approved by the said auditors of Wayne county, conditioned that the said clerk shall faithfully and properly per form the duties of his said office, and that he shall well and truly pay to the treasurer of Wayne county all moneys received by him or by his deputies under him, as clerk of said justices'
courts, for the use of said county, and that he shall well and truly pay to the persons entitled thereto all moneys paid under judgments rendered by said justices, and all moneys paid under garnishments in said justices' courts, and all moneys otherwise received by virtue of his office, and otherwise conditioned as the said auditors shall prescribe.
SEC. 11. It shall be the duty of said clerk to keep a true and Powers and complete record of all proceedings before each of said justices, and to enter all judgments in the docket of the justice rendering the same in the time and manner prescribed by law, which judgment shall be signed by the justice by whom it was rendered, and such records shall be hereafter indexed in the proper book to be kept for that purpose, which said index shall be kept both as to plaintiffs and defendants. He shall keep true and correct accounts of all moneys received by him or his deputies, as court fees for the use of Wayne county, or for any other purpose, and shall properly account for and pay over the same to the party entitled thereto. He shall also file and safely keep all papers and books belonging and appertaining to the said justices' courts, none of which shall be removed from said office without the authority in writing of the justice before whom the cause is pending, or the clerk of said court, nor unless proper receipts be given therefor. The said clerk shall also enter in a book provided for the purpose a list of all jurors that sit in trial of cases in said justices' courts, together with the date or dates and the time during which said jurors served, with a reference to the page of the docket containing the record of the cause in which said juror served. Said clerk shall receive all costs, fines and dues of every description, which are provided by law in all proceedings in said justices' courts, and shall pay the same weekly to the treasurer of Wayne county, and shall take his receipt therefor. All moneys paid under judgments rendered by said justices, and all moneys paid under garnishments in said justices' courts shall be paid to said clerk, or his deputy or deputies by him authorized to receive the same. Said clerk shall have power generally to administer oaths and to take affidavits.
SEC. 12. Said clerk shall keep an assignment book or list Idem. upon which the names of the justices shall appear, and as cases are commenced, he shall assign them and make all writs and process therein returnable to the said justices in rotation, and as each case is assigned he shall number the same, and the said number shall be designated and known as the file number. All original writs or process issued by said justices shall be returnable at nine o'clock in the morning city time. If upon the return day or the adjourned day of any case, the justice issuing the writ or process therein shall be absent at the time to which the case has been adjourned or the writ or process therein made returnable, or be engaged in the trial of another case, then any of the other justices present shall have the same jurisdiction to proceed therein as though the case had been originally commenced before him, and the record thereof shall be entered in
May appoint, etc., deputies.
Deputies to give bonds.
Salary of chief deputy.
Of other deputies.
be paid clerk before com
the docket of the justice issuing the original writ or process: Provided, That it shall not be necessary for the said justices to wait any length of time after the time fixed by any writ or adjournment to dispose of the cases pending before them.
SEC. 13. Said clerk shall have and is hereby given the power and authority to appoint such number of deputies as shall be approved by the board of county auditors, whose terms of office shall commence on the first day of January of each year, to properly execute the work of said office, and said appointment shall not be for a longer time than his term of office, and shall be subject to revocation at any time, for cause, by said clerk. Appointments and revocation of appointments of such deputies shall be made by the certificate of said clerk filed with the auditors of Wayne county, and such certificates shall be notices of the appointment or revocation, as the case may be, and the appointment or revocation shall be operative from the time of the filing of such certificate, and the said board of auditors shall cause payment of salary to such deputies accordingly. The said deputy clerks shall be under the control and direction of the said clerk, and shall perform such duties as he shall direct, and shall have authority to administer oaths, take affidavits, and perform generally the duties of said clerk. Each of said deputies shall, if required by said clerk, furnish a good and sufficient bond for the faithful discharge of his duties, with surety or sureties in such amount and with such conditions as said clerk may prescribe. One of said deputy clerks shall be designated by said clerk as chief deputy, and shall receive a salary of one thousand and two hundred dollars per annum. The other deputies shall each receive a salary of one thousand dollars per annum. Said salaries shall be paid in semi-monthly installments by the treasurer of Wayne county, upon the certificate of the auditors of said county.
SEC. 14. Before any civil action or proceeding, except proceedings in garnishment, shall be commenced in said justices' mencing suits. Courts, there shall be paid to the clerk of said court by the party bringing the action, the sum of fifty cents and the fees of the officer for service of the writ or process by which such action is commenced, and before the trial of such action or proceeding shall be commenced, the further sum of fifty cents; but in cases of non-suit, no judgment fee shall be required, and proceedings in garnishment shall be treated as part of the principal case, except garnishment proceedings commenced upon judgment rendered prior thereto, in which cases an entry fee and trial fee shall be paid as in other actions herein provided, and no additional fee shall be charged therefor up to and including the entry of judgment therein. The fees paid to the clerk for service of such writ or process by which the action is commenced, shall be retained by said clerk until the writ or process has been returned duly served, or said cause is brought to issue, when the said fee or fees shall be paid by said clerk to the officer making the service, taking his receipt therefor and placing the same in the files of said cause: Provided, That if it appear by the files in said case that no service has been had