License: ot to cense to any person to retail any spiritous liquors to be drank in or be granteden

der $25.

about his buildings unless such person shall first pay for said license

the sum of twenty-five dollars.

Approved March 8, 1843.

Appropria

[No. 79.]

AN ACT making appropriations for the current expenses of the government for eighteen hundred and forty-three.

SECTION 1. Be it enacted by the Senate and House of Representious for 1843. tatives of the State of Michigan, That the following sums are hereby appropriated to be paid out of the general fund, for the purposes specified, viz.

For the salary of the governor, and the judges of the supreme court, and chancellor, fifteen hundred dollars each. For the salary of the secretary of state, auditor general, state treasurer, and commissioner of the land office, each one thousand dollars. For the salaries of the deputy secretary of state, three clerks for the auditor general, one clerk for the state treasurer, and one for the land office, those officers respectively certifying that such clerks are necessary, five hundred dollars a year each. For the salary of the superintendent of public instruction, five hundred dollars. For the salary of the attorney general, five hundred dollars. For the salary of the adjutant general, four hundred dollars. For the salary of the state geologist, one thousand dollars. For the salary of the state topographer, eight hundred dollars. For contingent expenses of the office of state topographer, and geologist, three hundred dollars. For drafting maps and copies of plats for the land office, and paper therefor, five hundred dollars, or so much thereof as may be necessary. Five hundred dollars or so much thereof as may be necessary, to pay

the remaining expenses of locating state lands, to be drawn on the governor's certificate. For contingent expenses, payable on the warrant of the governor, one thousand dollars. For the salary of the judge of the district courts, one thousand dollars.

Salaries to be

SEC. 2. The salaries above specified shall be payable quarterly, paid quarterly. commencing at the date of the respective appointments of the incumbents, or at the same rates for fractional quarters.

SEC. 3. There is hereby appropriated in addition to the amount already appropriated, so much money to be paid out of the general fund, as may be necessary to pay the officers and members of the present legislature, the amounts due them, as fixed by law, and to pay in addition thereto, the messengers of the two houses each, a sum sufficient to make their per diem allowance, one dollar and fifty cents, and the firemen two dollars each, and ten cents a mile for travel; and such amount as may be necessary to pay the deputy commissioner of the land office, at the rate of five hundred dollars a year for so much time as he is actually employed, to be paid on the warrant of the auditor general.

SEC. 4. There shall be allowed to the members from Mackinac and Chippewa, each thirty days extra pay.

SEC. 5. There is hereby appropriated the sum of five hundred dollars, or so much thereof as may be necessary, to pay the private secretary of the governor and the assistant librarian, each three dollars a day, during the time they are in the service of the state, the former to be paid on the certificate of the governor, and the latter on that of the secretary of state; also the sum of fifteen dollars each, to Jas. E. Platt, secretary of the Senate, Chas. A. Mack, engrossing, enrolling, and recording clerk of the Senate, and William C. Pease, engrossing and enrolling clerk of the House of Representatives for extra services done and performed during the present session of the legislature.

Approved March 9, 1843.

Veniries to be returnable on

such day in term as presi

ding judge

shall direct.

$2 entry fee to be paid to clerk.

$2 judgment

fee to be paid.

[No. 80.]

AN ACT to provide for the issuing and return of veni ries, the payment of jurors, the appointment of Circuit Court Commissioners and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the process for summoning petit jurors to attend any circuit court, shall be made returnable upon such day in term as the presiding judge shall from time to time by rule direct, in order that the issues of law may be disposed of before the attendance of such jurors shall be required.

SEC. 2. That hereafter there shall be paid to the clerks of the circuit court for the use of the county, an entry fee of two dollars in each cause and a judgment fee of two dollars, where there is no jury impannelled, and where a jury is impannelled a fce of three dollars to

$3 jury fee be paid by the plaintiff as soon as they are sworn: Each jury impanwhen jury is impannelled. nelled shall hereafter receive four dollars and fifty cents in each case, which, together with the travelling fees now allowed by law, shall be in full for the services of such jurors.

Circuit court commissioner

SEC. 3. A circuit court commissioner shall be appointed by the to be appoint- governor, by and with the advice and consent of the senate, in each ed by the gov- of the organized counties of this state, who shall have power to di

ernor.

Their duties and powers.

When certio

rect bail, to grant a stay of proceedings, to allow writs of habeas corpus, and writs of certiorari from justice's courts, to settle interrogatories on commission, to take depositions of witnesses, and to tax bills of cost, and no associate judge of any county shall hereafter have authority to perform any of the duties herein imposed upon such commissioners.

SEC. 4. No certiorari from the judgment of a justice of the peace,

rari from judg- shall be brought into a circuit court unless the said commissioner of ment of justice of the peace to the proper county, or some one of the judges of the supreme court be brought into circuit

shall be satisfied by affidavit, of error in law or in fact, affecting the merits of the case, in which case his allowance shall be endorsed on

the writ, and in case of application to such commissioner, on the pay-ment of his fees therefor.

of circuit court

&c.

SEC. 5. The compensation of the circuit court commissioner, Compensation shall be as follows: For each of the dutics herein required to be per- commissioner, formed by him, except taxation of costs, fifty cents, and for such taxation twenty-five cents.

Terms of cir-cuit court to be:

termine..

SEC. 6. The terms of the circuit court, in the several organized held. counties of this state, shall be held at least twice in each year, unJudge shall less the presiding judge, from the small amount of business in either otherwise de.. of said counties, shall determine that the public good requires that but one term in each year shall be held therein, in which case he shall cause an entry of such determination to be made in the journals of his said court, specifying the time when such term shall be held, and the same shall remain in force until revoked by an entry to that effect, in said journals, at a regular term of the court in said county.

No cause pla

ced on calen

unless notice

SEC. 7. No cause shall be placed on the circuit calender for trial der for trial, at any term of said court, unless a notice of trial shall have been du- of trial shall be

ly served by the party intending to move the same for trial, upon the opposite party or his attorney, at least fourteen days previous to the first day of the term at which such trial is sought to be had.

first issued 14

days before 1st day of court..

When inquest SEC. 8. Inquests or assessments may be taken at the proper cir- and assessments may be cuit in all actions brought for the recovery of any debt or damages, taken.. unless the defendant, his agent, or attorney shall make an affidavit of merits, accompanied by the certificate of a counsellor at law, stating that he has examined the grounds of defence and believes them valid, and file the same with his plea and serve a copy thereof at the time of the service of a copy of such plea, on the opposite party, or his attorney, according to the practice and rules of the court.

Duties of the judges of the

supreme court

&c. to prepare

their opinion, with secretary

SEC. 9. It shall be the duty of each of the judges of the supreme court, to whom any matter pending in said court may be submitted, abstract of to pronounce an opinion thereon, and to prepare an abstract of such opinion in writing, embracing the legal points upon which a decision is made, and on or before the first Monday of January, in each year, to cause all such abstracts to be filed with the secretary of state.

And also such opinions shall be published in one newspaper printed in each of the several districts, where such courts are held respectively, and paid by the state.

SEC. 10. It shall be the duty of the secretary of state, whenever Secretary of said abstract shall have accumulated so as to form a volume of 350 the same to be pages, to cause the same to be arranged with the proper table of caspublishe 1.

state to cause

When the

es, index, references and marginal annotations, and an edition of one thousand copies thereof to be printed and published, and offered for sale, at the expense and for the benefit of the state.

SEC. 11. Whenever any cause or proceeding from any circuit

judge shall not court, or other subordinate tribunal, shall be carried to the supreme participate in the decision of court, by writ of error or otherwise, the judge or justice who decided

certain causes.

Supreme court

the cause or directed such proceeding shall not participate in the decision thereof in the court above.

SEC. 12. That in all cases of motions for new trials in the circuit shall have au- court of this state, when by the present law and practice, there is no thority to review all moremedy by bill of exceptions or otherwise, in case such motion is

tions for new

trials before overruled, the supreme court shall have authority to review, by circuit courts, and to review mandamus, such decision of the said circuit court, notwithstanding

and reverse decisions of other courts.

Office of crier abolishedsheriff to do the duties of crier.

Associate judges to be paid $2 per cay.

such motion may have been addressed to the discretion of the said circuit court, and may grant new trials in all cases, as law and justice may require; and the said supreme court shall further have authority by the said writ or otherwise, according to the course and practice of the court, to review and reverse dscisions of all subordinate courts, where the discretion of said courts have been unjustly or illegally exercised, and to compel the entry of such order, judgment or decree, as law and justice may require.

SEC. 13. That the office of crier of the circuit court is hereby abolished, and the dutics heretofore performed by such officer, shall be performed by the sheriffas a part of his duties in attendance upon

court.

SEC. 14. That the associate judges of the several counties in this state shall hereafter receive the sum of two dollars per day, and no more, for their attendance at such courts.