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

of circuit court commissioner,.

&c.

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

Terms of cir-cuit court to be:

held.

Judge shall

otherwise de.. termine..

SEC. 6. The terms of the circuit court, in the several organized counties of this state, shall be held at least twice in each year, unless the presiding judge, from the small amount of business in either 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 SEO. 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.

ced on calen

unless notice

first issued 14

days before 1st

day of court.

When inquest

ments may be

SEC. 8. Inquests or assessments may be taken at the proper cir- and assesscuit 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. 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, to pronounce an opinion thereon, and to prepare an abstract of such opinion in writing, embracing the legal points upon which a decis- with secretary ion 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.

Duties of the judges of the supreme court

&c. to prepare

abstract of

their opinion, and file same

of state.

Secretary of

state to cause

the same to be publishe 1.

When the

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 said abstract shall have accumulated so as to form a volume of 350

pages, to cause the same to be arranged with the proper table of cases, 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 the cause or directed such proceeding shall not participate in the decision thereof in the court above.

certain causes.

Supreme court

Src. 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 re

view all mo- remedy 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 reverse

decisions of other courts.

and to review' mandamus, such decision of the said circuit court, notwithstanding 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.

Office of crier
abolished-
sheriff to do
the duties of
crier.

Associate judges to be

paid $2 per cay.

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 sheriff as 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.

SEC. 15. Upon a plea of the general issue or non est factum to When plaintiff' not required to declaration or count upon any promisory note, bond or other instru- prove the making of a bond, ment in writing, the plaintiff shall not be required to prove the mak- note, &c. ing or execution of such note, bond or other instrument, but the same shall be taken as admitted, unless the defendant, or some one knowing the facts, shall file an affidavit with such plea denying the making or execution of such note, bond or other instrument in writing, and serve a copy thereof on the plaintiff's attorney, and the rule shall be the same when an action is brought against an endorser or guarantor of any such note or other instrument pleading or like plea : Provided, This section shall not apply to suits of attachment.

clerks of the

supreme court deputy, &c. to appoint a

who shall take an oath and perform the duties of clerk,

SEC. 16. That each of the clerks of the supreme court shall ap- Each of the point some proper person to be his deputy by writing under his hand and the seal of said court, the said appointment to be filed in his office, and the said deputy shall take and subscribe the constitutional oath of office, and in case of the absence, death, resignation or removal from office of either of said clerks or of a vacancy in the office &c. of clerk by any other means, such deputy shall perform all the duties of clerk until such vacancy shall be filled.

SEC. 17. Each of the clerks of the supreme court shall send a Each of clerks

transcript of all records, orders and judgments of such courts, as soon

as the supreme court shall direct, to each of the other clerks of said

court, who shall file and enter the same in such manner as the court

shall either by general or special rule direct.

of supreme

a

court to send transcript of

all records &c when directed by supreme

court.

expenses

ed.

SEC. 18. The charges and expenses of preparing and transmit- Charges and ting the transcripts provided for in the preceding section of this act, thereof how shall be severally included in the taxable costs in the respective suits paid and taxin which the aforesaid records, orders and judgments may be entered, and for all other services performed by the said clerks respectively, they shall receive the fees established therefor in the revised statutes. SEC. 19. This act shall take effect and be in force from and after its passage.

Approved March 9, 1843.

Not necessary

[No. 81.]

AN ACT to provide for the equitable settlement of the estate of deceased persons.

SECTION 1.

Be it enacted by the Senate and House of Representato exhaust per- tives of the State of Michigan, That it shall not hereafter be neces

sonal estate

before sale of real estate.

Same proceed

ings for sale

as heretofore.

Judge of probate to elect appraisers.

Duties of praisers.

ap

sary for any executor or administrator to exhaust all the personal estate of any estate of which he may be executor or administrator before he shall be entitled to a license to sell the real estate, but such license may be granted whenever it shall be made satisfactorily to appear to the judge of probate that the personal estate is sufficient to pay the debts due from said estate.

SEC. 2. The same proceedings in other respects to obtain license to sell the real estate, shall be had as are now required by law, and a like notice of the time and place of sale shall be given.

SEC. 3. After the said license is granted, and the notice of sale published, in pursuance of law, the judge of probate shall elect three disinterested freeholders of the county, to appraise the lands or real estate proposed to be sold.

SEC. 4. The said appraisers shall be sworn or affirmed by some person authorized to administer oaths or affimations, well and truly to appraise the interest of the estate in the real estate shown to them in that behalf at its just cash value, which oath or affirmation shall be in writing and filed with the judge of probate, and the said appraisers shall proceed to examine said lands, and make and deliver to the executor or administrator, a certificate of said appraisal, in which the value of said interest in each distinct parcel shall be set forth.

SEC. 5. No real estate shall be sold by any executor or administo be sold at trator, at a less sum than its value as certified by the said appraisers,

No real estate

less sum than

its appraisal. but if the whole or any parcel of said estate be purchased at such

sale, for its said appraised value, the purchaser shall be entitled to a deed therefor, on the conditions and in the manner now provided for by law.

to make re

SEC. 6. In either of the cases referred to in the preceding section, Executor &c. the executor or administrator shall return all his doings forthwith to turn. the judge of probate, together with the certificate of appraisal.

and

tribution of es

SEC. 7. If any part of the said real estate shall be sold, the judge Pro rata disof probate, shall, after the payment of the necessary expenses tate to be costs, direct a pro rata distribution of the money to the several cred- made and diitors whoso claims are or may hereafter be allowed.

rected.

money not re

alized, judge

of probate to direct notice

ed.

SEC. 8. If sufficient money shall not be realized on account of If sufficient such sale, or offer to sell, to satisfy and liquidate the debts of said estate, the judge of probate shall cause a notice of such fact to be published in a newspaper published in said county, if one is there to be publishpublished, if not, in a newspaper published in an adjoining county, or in the state paper, once in each week for twelve successive weeks, which notice shall also request any creditor who may have a claim against said estate, to prove the same before the said judge of probate within six months from the first publication of said notice.

Claims against

SEC. 9. Any person having a claim against the said estate, may prove the same before the judge of probate within the time required estate to be proved before by said notice, or such further time as the judge shall grant for the judge of prohearing of the same, and either party may, within sixty days after the expiration of said time, appeal from the decision of said judge of peal. probate to the circuit court for the proper county.

bate.

Party may ap

real estate.

SEC. 10. The claim of any person, which shall have been duly Claim and judgment to be proved before the judge of probate, and not appealed from, or if on a lien on the appeal to the circuit court, judgment shall be therein rendered in favor of the claimant creditor, such claim or judgment shall be a licn on all the real estate of the deceased person, to the amount of such claim or judgment.

devisee or cre

person may

SEC. 11. At any time after the expiration of the time of appeal When heir, from the decision of the judge of probate, in the allowance or rejec- ditor or other tion of any claim, any heir, devisee, creditor, or any other person in- petition for a terested in the said estate, may file a petition with the judge of pro- estate &c. partition of the bate for a partition of the real estate of the deceased, among the several creditors and heirs or other persons entitled thereto, which peti

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