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Authority of per
Bon so empow-

ered.

In what cases
Justice may pun-

dient, on the request of a party, may, by written authority endorsed on such process, empower any proper person being of lawful age, and not a party or interested in the suit, to execute the same.

(3912.) SEC. 260. The person so empowered shall possess all the authority of a constable in relation to the execution of such process, and shall be subject to the same obligations, but shall not receive any fee or reward for his services thereon.

(3913.) SEC. 261. In the following cases, a Justice of the ish for contempt. Peace may punish, as for criminal contempt, persons guilty of the following acts:

Punishment contempt.

for

Person to have

opportunity to be

etc.

1. Disorderly, contemptuous or insolent behavior towards such Justice, while engaged in the trial of a cause, or in the rendering of any judgment, or in any judicial proceeding, which shall tend to interrupt such proceedings, or to impair the respect due to his authority ;

2. Any breach of the peace, noise, or other disturbance, tending to interrupt any official proceedings of a Justice;

3. Resistance willfully offered by any person in the presence of a Justice, to the execution of any lawful order or process made or issued by him.

(3914.) SEC. 262. Punishment for contempts, in the foregoing cases, may be by fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding five days, or both, in the discretion of the Justice; but no person shall remain imprisoned for the non-payment of such fine more than ten days.

(3915.) SEC. 263. No person shall be punished for a conheard in defence, tempt before a Justice, until an opportunity shall have been given him to be heard in his defence; and for that purpose, a Justice may issue a warrant to bring the offender before him ; or, if the contempt was committed in the presence of the Justice, he may cause the offender forthwith to be arrested therefor, without issuing any process in the first instance.

Record of con

viction, and

mittent to state

(3916.) SEC. 264. Upon convicting any person of contempt, Warrant of com the Justice shall make a record of such conviction, stating ircumstances, therein the particular circumstances of the offence; and the warrant of commitment for any contempt shall also state the circumstances of the offence, or it shall be void.

etc.

to be sworn, or

Witness refusing (3917.) SEC. 265. When a witness attending before any Justo testify may tice in the cause, shall refuse to be sworn in the form prescribed by law, or to answer any pertinent or proper question, such

be committed.

Justice may by warrant commit such witness to the jail of the county.

to specify.

(3918.) Sec. 266. Such warrant shall specify the cause for Warrant, what which the same is issued, and if it be for refusing to answer any question, such question shall be specified therein; and such witness shall be closely confined, pursuant to such warrant, until he submit to be sworn, or to answer, as the case may be.

journed until

testify, or be in

(3919.) SEc. 267. The Justice shall thereupon adjourn such Cause to be adcause at the request of the party in whose favor such witness witness shall attended, from time to time, until such witness shall testify in capable, etc. the cause, or be dead, or otherwise incapable of testifying as a witness.

proceed on Exe

piration of his

Sec 3830.

(3920.) SEc. 268. Every constable to whom any execution constable may shall have been delivered, and whose term of office shall ex- cution after expire before the time within which the return or collection of term. such execution is required by law, shall proceed thereon in the same manner, and shall have the same power in relation thereto, as if his term of office had not expired; and such constable and his sureties shall be liable for any neglect of duty, and for moneys collected upon such execution, in the same manner, and to the same extent, as if the term of office of such constable had not expired.

may proceed

(3921.) SEC. 269. No action or proceeding, pending at the Pending actions time this chapter takes effect, shall be affected thereby, but under this Act. the same may proceed under the provisions of this chapter; or the chapter hereby amended, may apply thereto.

An Act to Regulate Proceedings in Attachment against Foreign Corporations in Certain Cases. (a)

[Approved April 4, 1851. Laws of 1851, p. 91.]

tachment он

rations

See Sec. 3694.

(3922.) SECTION 1. The People of the State of Michigan enact, service of at Whenever an action shall be commenced by attachment against Foreign Corpoa Foreign Corporation, and proceedings by garnishment shall of Garnishment. also be commenced in the same action, if it shall appear on the return of the writ of attachment, that a copy thereof, and also copies of all garnishee summons issued in said action, have been personally served on any officer, member, clerk or agent of such Foreign Corporation within this State, the same proceedings may be thereupon had in said action against said

(a) This Act is applicable to Justices' Courts only.

Liabilities of Garnishees in such

cases.

Corporation, and in the same manner, as upon the return of a summons personally served in actions against natural persons.

(3923.) SEC. 2. The rights and liabilities of garnishees in such cases, and the proceedings against them, shall be the same in all respects as is provided by law in other cases of garnishment.

CHAPTER

CXVIII.

OF CRIMINAL PROCEEDINGS BEFORE JUSTICES OF THE PEACE.

SECTION

3924. Powers and Jurisdiction of Justices of the
Peace in certain Criminal cases.

3925. Proceedings on Complaint made before
Justice.

3926. Hearing and trial by Justice.
3927. Bail for Defendant's appearance, and
commitment for want of Bail.

3928. Charge to be read and plea entered.
3929. When issue to be tried by Court.
3930. If Defendant plead guilty, Judgment to be

rendered.

3931. If Defendant demand trial by Jury, list to
be made.

3932. Proceedings if parties neglect to strike
out names; Venire for Jury.
3933. Service and return of Venire.

3934. Talesmen.

3935. When new Jury to be summoned, etc.
3936. Oath to be administered to Jurors.
3937. Jury to sit together and hear proofs, etc.,
and to be kept together until they agree
or are discharged.

3938. Verdict how delivered and entered.
3939. Punishment to be inflicted on conviction.
3940. When Defendant to be discharged, and
complainant to pay costs.

3941. Appeal by Defendant after conviction, to
Circuit Court.

3942. When Judgment to be rendered against
Complainant and Execution issued.
3943. Judgments by whom and how executed.
3944. Fines to whom paid before committal.

SECTION

3945. To whom fines paid after committal.
3946. Suit to be prosecuted by County Treasurer,
if fine not paid over.

3947. Subpoenas for Witnesses, ete.
3948. Proceedings against Jurors and Witnesses
failing to appear, etc.
3949. Certificate of conviction.
3950. Certificate to be filed with Clerk of County.
3951. Certificate or copy thereof evidence.
3952. Conviction may be removed by Certiorari
to Circuit Court; Application for Writ and
affidavit of error.

3953. Allowance of Writ.

3954. Service of and return to Certiorari.
3955. Sentence to be suspended on party con-

victed giving recognizance.

3956. Circuit Court may compel return.
3957. Defendant need not appear on hearing of
Certiorari.

3958. Notice of argument.

3959. Continuance of recognizance.
3960. Effect of Judgment of Circuit Court.
3961. Court may make order to quash proceed-
ings in certain cases.

3962. Fees of Justice.
3963. Section Eighteen, Chapter Ninety-Four, of
Revised Statutes repealed.

3964. Appeals from Justices in criminal cases to
be transferred to County Courts; Pro-
ceedings therein.

3965. What fines to be imposed on conviction.

Chapter Ninety-Four of Revised Statutes of 1846.

(3924.) SECTION 1. Any Justice of the Peace shall have

risdiction of Jus

power to hold a Court subject to the provisions hereinafter Powers and ju contained, to hear and determine charges for offences arising tices of the Peace within their respective counties, as follows:

1. All cases of larceny, not charged as a second offence, when the value of the property stolen shall not exceed twentyfive dollars;

2. Cases of assault and battery, not charged to have been committed riotously, or upon any public officer in the execution of his duties, or with intent to commit any other offence;

3. Charges for willfully destroying, removing, injuring or defacing any mile-stone or mile-board, or injuring or defacing any inscription or device upon any guide-post or guide-board on any highway, or removing, destroying or injuring any guide-post or guide-board;

4. Charges for willfully and maliciously killing, maiming or disfiguring any horses, cattle, or other beast of another person, or for willfully and maliciously destroying or injuring the personal property of another, by any other means, where the value of the beasts killed, or the injury done, shall not exceed twentyfive dollars;

5. Charges for willfully and maliciously breaking down, injuring, removing or destroying any monument erected for the purpose of designating the boundaries of any township, or any tract or lot of land, or any tree marked for that purpose; or for willfully and maliciously marring or defacing any building, or any sign board; or willfully and maliciously extinguishing any lamp, or breaking, destroying, or removing any lamp, or any lamp post, or any railing or post erected on any bridge, sidewalk, street, highway, court or passage;

6. Charges against any person for willfully committing any trespass, by cutting down or destroying any timber or wood, standing or growing on the land of another, or by carrying away any kind of timber or wood, cut down or lying on such land; or by digging up or carrying away any stone, ore, gravel, clay, sand, turf or mould from such land, or any roots, fruit or plant there being, or by cutting down or carrying away any grass, hay, or any kind of grain, standing, growing, or being on such land, or by carrying away from any wharf or landing place, any goods whatever, in which he has no interest, of the value of five dollars or more;

7. Charges against any person for willfully committing any trespass, by entering upon the garden, or orchard, or other

in certain criminal cases.

Proceedings on complaint made

improved land of another, without permission of the owner
thereof, with intent to cut, take, carry away, destroy or injure
the trees, grain, grass, hay, fruit or vegetables there growing
or being;

8. And all other offences punishable by fine not exceeding
one hundred dollars, or punishable by imprisonment in the
county jail not exceeding three months, or punishable by both
said fine and imprisonment.

(3925.) SEC. 2. Upon complaint made to any Justice of the before Justice. Peace, by any constable or other person, that any of the foregoing offences have been committed within the county, he shall examine the complainant on oath and witnesses produced by him, and shall reduce the complaint to writing, and cause the same to be subscribed by the complainant, and if it shall appear that such offence has been committed, the said Justice shall issue his warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to arrest the accused, and bring him before such Justice, or some other Justice of the same county, to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be named therein, to appear and give evidence at the trial.

2 Gray, 74.

Hearing and trial by Justice.

Bail for defendant's appearance, and commitment for want of bail.

Charge to be read and plea entered.

When issue to be tried by Court.

(3926.) SEC. 3. On the return of the warrant with the accused, the said Justice shall proceed to hear, try and determine the cause within one week after the return of the same.

(3927.) SEC. 4. From the time of the return of the warrant until the time of the trial, the accused may give bail with one or more sufficient sureties for his appearance at the time fixed for the trial, or in the event of failure so to do, may be com mitted to jail for safe keeping by warrant of said Justice, or left in custody of the arresting officer.

(3928.) SEC. 5. The charge made against the accused, as stated in the warrant of arrest, shall be distinctly read to him, and he shall be required to plead thereto, which plea the Court shall enter in their minutes; if the accused refuse to plead, the Court shall enter the fact, with a plea of not guilty in behal

of such accused in its minutes.

(3929.) SEC. 6. If the plea of the accused be not guilty, a no jury be demanded by him, the said Court shall proceed t try such issue, and to determine the same according to th evidence which may be produced against and in behalf of su accused.

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