for three months after the date of the writ, then the officer's fees which have been paid into the court shall be returned by the clerk to the plaintiff in the suit. may be of court fees. SEC. 15. If any person shall satisfy one of said justices by When suits affidavit that he has a good meritorious cause of action for per- entered withsonal services against another within the jurisdiction of said out payment courts, and that he has made personal demand for payment thereof of the debtor, and that such payment has been refused, and that he is financially unable to pay the court costs, and shall also state the name and residence of the debtor, and the amount due over and above all legal set-offs, the justice to whom such affidavit is presented may in his discretion endorse on such affidavit directions to the said clerk to cause to be issued the proper writ in the case returnable before one of the other justices, without charge for court fees for the commencement or trial of said cause. If the plaintiff in such case recover judgment, he shall be entitled to recover his costs therein. The usual court fees, however, shall also be taxed against the defendant, but in favor of Wayne county. If the defendant obtain judgment in such cause, the said court fees shall in like manner and for the like purpose be taxed against the plaintiff. Nothing herein contained shall be so construed as to prevent the circuit court for the county of Wayne, on an appeal of any such cause, to require the appellant therein to give security in said court for costs as in other cases. summons, how SEC. 16. The service of a summons under this act may be Service of made in the manner prescribed in section fourteen of act num- made. ber one hundred and ninety-one of the public acts of eighteen hundred and seventy-nine, being section seven hundred and sixteen of the Compiled Laws of eighteen hundred and ninety seven. cers for serv SEC. 17. Constables and other officers serving writs or pro- Fees of offcess issued out of said justices' court, shall be entitled to re- ice of process. ceive for the service of such writs or process within the corporate limits of the city of Detroit, the following fees: For the service of a summons by which suit is commenced, seventyfive cents for each defendant served; for the service of a writ of attachment or a writ of replevin, two dollars; for the service of such process, outside said city limits, the officer shall be entitled to receive in addition to the above compensation, mileage fees according to the statute regulating such fees, to be computed from the place of service to the corporate limits of the city of Detroit. The above fees shall be in full for all services rendered by the officer or his assistants, and it shall be unlawful in any case for the officer or his assistants to demand or receive any compensation whatsoever in addition to the fees above set forth. For the service of other process or the performance of other duties, the fees therefor shall be regulated according to the general statutes providing therefor. Except as herein otherwise provided, this act shall in no way affect the fees to which constables are entitled, or the present method of paying them. Relative to drawing of juries for SEC. 18. The board of jury commissioners, as created by act number two hundred and four of the public acts of eighteen justice courts. hundred ninety-three, shall annually or whenever required by the clerk of said court, in accordance with the method required by that act, select persons to serve as jurors for the trial of cases, matters and proceedings in said justices' courts, and shall file a list of the persons so selected with the clerk of said justices' courts. The number to be selected on the third Monday of May of each year as provided by said act, shall be three hundred. After the filing of such list, the proceedings for selection, summoning and compelling the attendance of jurors and talesmen shall be, as far as practicable, the same as provided by law for like purposes, as in the circuit court for Wayne county, except that the attendance of the sheriff shall not be required. Jurors shall be drawn and summoned for a term of two months, which shall be the calendar month next succeeding such drawing. Not less than eighteen or more than thirty-six jurors shall be drawn and summoned for a term, unless for a special reason the clerk of said court shall in writing direct that a greater number shall be drawn and summoned. The persons so drawn shall be notified in writing of their liability to jury duty in the justices' courts for the calendar months to be specified, which notice shall be served personally, if practicable, upon each person so drawn, by the sheriff in the manner now provided by law, and a return in writing, of the time and manner of such service shall be made and filed with the clerk of said justices' courts. Said jurors shall report for service to the clerk of said court. The actual attendance of the persons duly notified for jury service may be required and enforced according to law. The persons so serving as jurors shall be entitled to receive from the county of Wayne the sum of two dollars and fifty cents each for each day's actual attendance, which sum shall be paid by the county auditors on certificate of the clerk of said justices' courts. Whenever by law, a judge of the circuit court for Wayne county is required or directed to be present at or to participate in any part of the proceedings to select jurors for that court, the clerk of said justices' court shall perform like duty in like proceedings to select jurors for said justices' courts. Compensation of jurors. Juries, how composed, etc. Proviso. SEC. 19. Juries in said justices' courts shall be composed of six persons, who shall be residents of said city of Detroit, and shall severally possess the lawful qualifications of jurors in the circuit court for the county of Wayne, and any challenge, which would be valid in said circuit court, shall be valid and sufficient if made in the said justices' courts: Provided, however, That but two peremptory challenges shall be allowed to the plaintiff, and the like number to the defendant in all trials in said justices' courts. If any party demands a jury in any action in said justices' courts, he shall advance to the clerk the sum of five dollars as jury fee, and the same shall belong to the county of Wayne, and shall be turned over by said clerk in the same manner as is required in the case of other moneys re proviso. ceived by him: Provided, That in all cases where the amount Further termine SEC. 20. The jury empaneled in any case as herein provided, Jury to deshall determine any and all questions of fact in such cases, but it shall be the duty of the justice hearing such case to decide all questions of law arising therein, and it shall also be the duty of the said justice to instruct the jury as to the question of law applicable to the case. may set aside SEC. 21. The justice before whom any cause has been tried When justice and verdict or judgment rendered, shall have the same power verdict. and authority to set aside the verdict or judgment. and grant a new trial therein upon legal cause shown therefor, as the circuit courts of the State possess: Provided, That a motion Proviso. in writing be made and filed with the clerk of said justices' courts within five days after the rendition of the verdict or judgment in said case. Said motion shall briefly and plainly set forth the reasons and grounds upon which it is made. Affidavits upon which the motion is founded shall also be filed at the time of filing said motion, and notice of the hearing of such motion, with copy of the motion and affidavits filed as aforesaid, shall be served upon the adverse party, or his attorney, at least two days before the hearing thereof. Such motion shall be determined within two days after the same shall have been heard and submitted, and such motion shall be submitted within one week after the same shall have been filed. The time for When time for taking taking an appeal from judgment, in case such motion be not appeal to granted, shall begin to run from the time when such motion begin to run. shall be overruled. In no case shall the pendency of such motion stay the issuing and levy of an execution in such case; but in case of a levy under execution pending such motion, no sale of the property so levied on shall be advertised or made until the final determination of such motion. SEC. 22. No appeal shall be taken from any judgment of any justice of the peace in said city of Detroit, except in the following cases: First, When said justice shall disallow any claim in favor of any plaintiff or defendant in any cause in said justices' courts, in whole or in part, to the amount of fifty dollars; Second, When said justice shall render a judgment to the amount of fifty dollars exclusive of costs; in either of which cases, the party aggrieved may appeal; Third. Appeals may be authorized by the circuit court of the county of Wayne, when the party making the appeal has been prevented from making a defense upon the merits of the case in which such appeal is taken by circumstances not under his control; and such appeal may also be authorized when justice requires that such appeal should be authorized, and in all cases where the parties against whom such appeal is sought has appeared in said justices' courts by an attorney or agent, it will be sufficient to serve such attorney or agent with the notices of all subsequent proceedings in such case and all orders made therein by said circuit court may be served on said attorney or Cases in which appeal may be taken. Proceedings in cases of appeal to agent, and such service shall have the same effect as though made on the party against whom such appeal is taken; Fourth, Under absolutely no circumstances shall any appeal be allowed or authorized after five days from the rendition of judgment, except as herein otherwise provided. SEC. 23. Before any affidavit for appeal, or writ or certiorari, shall be served on any one of said justices, in addition to the circuit court. fees allowed by law for making returns to an appeal or cer tiorari, the entry fee for filing the same in the circuit court shall be paid to the said clerk by the appellant, or plaintiff in error, and the said clerk shall as early as possible file a return to such appeal or writ of certiorari, in the office of the clerk of the circuit court for Wayne county, and shall pay over to him the fees so advanced as aforesaid, and if said return is not filed with the clerk of the circuit court within ten days after the appeal costs or costs on certiorari shall have been paid, a writ of mandamus may issue to the clerk of the justices' courts, compelling him to make such return forthwith, and he shall be personally liable for the costs if any shall be awarded in such proceeding. Entry fees, etc., how used. What to be taxed as costs of suit. Party may lieu bonds. ant in garnishee cases may have effects released. SEC. 24. The money paid to the said clerk of the justices' courts upon commencement of suit, for trial fees, jury fees, and fees for making returns to appeal or writ of certiorari and entry fee for filing same, shall be for the use of the county, and shall be held to be in full for all fees in civil actions from the commencement thereof to and including the issuing of execution therein. The sum or sums so paid, including the jury fees, shall be taxed as costs of suit in favor of the party paying the same, if he be the prevailing party in the suit, in addition to any other costs to which he may be entitled by law. In criminal cases the same costs shall be paid, and in the same manner as in proceedings before justices of the peace in townships, except that the same shall be paid to the said clerk as in civil cases is provided. SEC. 25. In all cases when a party is required or allowed by make deposit law to give a bond, as a condition of commencing or prosecuting any suit, action or proceeding in said justices' courts, such party may execute and file such bond, or he may in the discre tion of the court deposit with the clerk thereof the amount of the bond required in legal tender funds of the United States. How defend And in garnishment proceedings, the principal defendant may have any money or effects released which have been garnished, by filing with the justice before whom the case is pending a surety company bond, approved by said justice, in double the amount of the plaintiff's claim stated in his affidavit, and not less than fifty dollars, or deposit with the clerk of the court an amount equal to such a bond, which money shall remain with said clerk until disposed of by the court according to law. A certificate of such deposit, setting forth the case in which, the amount thereof, the person by whom, the purpose for which, and the time when deposited, shall be given to the party depositing the same by the clerk of said court. Upon the final disposi tion of the case, action or proceeding in which such deposit was made, in case the party making such deposit shall be adjudged liable to pay the costs of such suit or proceedings, or to pay any other sum to secure the payment of which said deposit was made, then such fund so deposited shall under the direction of the court be applied in payment and satisfaction of the same. Should any surplus remain after satisfying such order of the court, the same shall be returned to the party depositing the same. adopt rules SEC. 26. The justices of the peace mentioned herein shall Justices may have the power to make and adopt such rules of practice in of practice. said justices' courts as to them may be deemed advisable for the purpose of facilitating the business of said courts. how filled. SEC. 27. In case a vacancy shall at any time occur in the Vacancies, office of the justice of the peace of the city of Detroit, by death, resignation, removal or other cause, it shall be the duty of the common council of the city of Detroit to fill such vacancy by appointment of some suitable person, who shall upon duly qualifying therefor fill such vacancy until the next general election, when a justice of the peace shall be elected to fill the unexpired term of said office. to office. SEC. 28. None but attorneys at law of four years' standing Who eligible shall be eligible to be elected or appointed to the office of justice of the peace under the provisions of this act. And no justice of the peace for said city shall during his term of office act as attorney or solicitor in any court in the county of Wayne. SEC. 29. Act number four hundred and twenty-six of the Acts repealed. Local Acts of nineteen hundred and one, being an act entitled “An act to establish and provide justices' courts in the city of Detroit, and to repeal act number four hundred and sixty of the Local Acts of eighteen hundred and ninety-five, entitled 'An act to establish and provide justices' courts in the city of Detroit,' and to repeal act number two hundred and eighty of the local acts of eighteen hundred and eighty-three, entitled 'An act relative to justices' courts in the city of Detroit,' approved April twenty-fifth, eighteen hundred and eighty-three, and all acts amendatory thereof," approved June first, eighteen hundred and ninety-five, and all acts amendatory thereof, approved May thirteenth, nineteen hundred and one, and all other acts or parts of acts contravening the provisions of this act, shall be and the same are hereby repealed. This act is ordered to take immediate effect. |