Courts in each Special Terms may be ordered. en. Judge, shall stand continued till the next term; and all persons bound by recognizance or otherwise to appear at any such Court, either as witnesses or parties to any proceedings cognizable therein, shall be bound to appear at the next term of the Circuit Court appointed to be held in the county; and all such recognizances shall continue in force, and be as binding and obligatory on the parties thereto, as if no failure of a term had occurred, unless a new recognizance, approved according to law, shall be entered into for such appearance. (3416.) SEC. 6. The place of holding the terms of the several at Court House. Circuit Courts in each county shall be the Court House therein, if there be one, and if there be not, at such place within the county as the Sheriff and County Clerk shall order. (3417.) SEC. 7. Each Circuit Judge shall have power, whenever he may deem it necessary, to order a Special Term of a Circuit Court to be held in any county in his circuit, at such time as he shall think proper, and such order shall be Notice to be giv- published in some newspaper printed in the county where the Court is to be held, at least thirty days before the commencement of the term; or if no newspaper be printed in the county, the Circuit Judge shall send a copy of such order to the Sheriff of the county, who shall post up written notices of the contents of such order in three public places in the county, thirty days before the term; and the Circuit Judge shall notify the Clerk of the county of such order, who shall thereupon cause to be drawn and summoned the lawful number of grand and petit jurors for such term, unless the Circuit Judge shall otherwise direct; and the Court, when so held, shall have and exercise the same powers and jurisdiction as at a General Term. Jurisdiction of 466. (3418.) SEC. 8. The said Circuit Courts, within and for their 3 Mich. Rep., respective counties, shall have and exercise original and exclusive jurisdiction of all civil actions and remedies of whatever name or description, and of all prosecutions in the name of the People of this State, for crimes, misdemeanors, offences and penalties, except in cases where exclusive or concurrent jurisdiction shall be given to or possessed by some other Court or tribunal, in virtue of some statutory provisions, or of the principles and usages of law, and shall have such appellate jurisdiction and powers as may be provided by law; and the said Courts shall also have and exercise within and for their respective counties, all the powers usually possessed and exercised by Courts of Record at the common law and in equity, subject to such modifications as may be provided by the laws of this State, for the full exercise of the jurisdiction hereby conferred. General powers and duties of (3419.) SEC. 9. The said Circuit Courts shall have power, and it shall be their duty, respectively, to hear and determine Circuit Courts. all such matters as may be lawfully brought into said Courts; and the said Courts shall from time to time make rules for regulating the practice of the said Courts, and conducting the business thereof, until the Supreme Court shall prepare and transmit to the said Circuit Courts a code of rules to be adopted and used therein; and when such rules shall have been so prepared and transmitted, they shall govern the practice and proceedings in the Circuit Courts, until altered by the Supreme Court, or by their authority. (3420.) SEC. 10. Each of the said Courts, upon good cause change of venue shown, may change the venue in any cause pending therein, and direct the issue to be tried in the Circuit Courts of another county, and make all necessary rules and orders for the certifying and removing such cause, and all matters relating thereto, to the Court in which such issue shall be ordered to be tried; and the Court to which such cause shall be so removed, shall proceed to hear, try and determine the same; and execution may thereupon be had, in the same manner as if the same had been originally prosecuted in their county, except that in all criminal cases where the defendant shall be convicted, and be sentenced to imprisonment in a common jail, the Court awarding the sentence shall have the authority to direct, and shall direct that the defendant be imprisoned in the common jail of the county in which the prosecution was commenced. ment of parties. ] (3421.) SEC. 11. Parties to any civil action pending in any submission of Circuit Court, and parties to any question of difference which cases by agree. might be the subject of any civil action, without bringing suit may agree upon a case containing the facts of the matter in controversy, and submit the same to the Court; and the Court shall thereupon hear and determine the cause at any term thereof, and render judgment thereon as in other cases; but if such case be agreed upon without action, it must appear by affidavit that the controversy is real, and the proceeding in good faith, to determine the rights of the parties; and in such case no costs shall be given to either party; and if either party shall wish to have such cause, after judgment, removed to the Supreme Court, for any error in the determination or preme Court in such cases. judgment, the Clerk of such Circuit Court shall certify such case agreed upon, and the judgment thereon, to the Supreme Appeal to Su Court of the proper Circuit; and the Supreme Court shall thereupon be possessed of the cause, and may give such judgment, and with such costs as justice may require. And any case made after judgment in any Circuit Court, and agreed upon by the parties, or settled by the Court, may be removed to the Supreme Court in like manner, without a bill of exceptions or writ of error, and all questions arising upon any case certified as in this section provided, shall be open to argument, and subject to the adjudication of the Supreme Court. Questions may be reserved for preme Court. 1848, p. 349. (3422.) SEC. 12. If in any civil cause or criminal prosecu decision of Sution in any Circuit Court, any question of law shall arise which, in the opinion of the Circuit Judge, should be reserved for the opinion of the Supreme Court, he shall report the case, so far as may be necessary to present such question of law, and transmit. the same to the Clerk of the Supreme Court nearest to the county where such cause or prosecution shall be pending, and the said Clerk shall file the same in his office until the next term of the Supreme Court held within his county, when he shall present it to said Court, or one of the Judges thereof; and the matter so reserved shall be heard and determined by said Supreme Court as in other cases, and the opinion of the Supreme Court, together with such instructions as may seem to be required, shall be certified to said Circuit Court; and until the determination of the Supreme Court shall have been so certified to said Circuit Court, all proceedings in the cause or prosecution shall be stayed. Writs of super- Powers of Courts to make and give (3423.) SEC. 13. Any of the Circuit Judges may grant writs of supersedeas or prohibition in vacation, on good cause shown; the party obtaining such writ giving such security by bond or recognizance to the opposite party, as to the said Judge may seem just and proper; but if application be made to any Circuit Judge, and refused, no subsequent application shall be made to any other Circuit Judge; and if, upon such subsequent application, such writ shall be granted, it shall be absolutely void, and shall be revoked by the Judge granting the same, upon due proof of the facts; and any person making such subsequent application shall be guilty of a contempt of Court, and be liable to fine or imprisonment, or both, in the discretion of the Court. (3424.) SEC. 14. Every Circuit Court shall have the power to effect to orders, make all orders in any cause pending therein, which may ha necessary or proper for carrying into effect the jurisdiction vested in such Court by law, and to give full effect to any judgment of such Court, and may enforce any lawful order so made. by attachment and proceedings for contempt. may be held by presiding Judge. (3425.) SEC. 15. In case of the inability, for any cause, of a Term of Court Judge to hold a special or general term of the Circuit Court other than the in any county, any other Circuit Judge may do so, under such regulations as may be adopted by the Supreme Court. (3426.) SEC. 16. Each of the Clerks of said Court shall keep Journal of proa journal of the proceedings of the Court, under the direction of the Circuit Judge presiding therein; and all entries therein shall be read over in open Court by the Clerk, from day to day, and shall be corrected when necessary, and signed by the Circuit Judge. ceedings of Court. fecs. (3427.) SEC. 17. Before any cause shall be commenced in Entry and Jury the Circuit Court, or brought therein by appeal, or on certiorari, or before any judgment by confession shall be entered, there shall be paid to the Clerk of the county, for the use of the county, the sum of two dollars in each case; and in case either party to a suit shall demand a jury, he shall pay the further sum of three dollars; which sums shall be taxed in favor of the party paying the same, and recovering judgment. (3428.) SEC. 18. It shall be the duty of the several Clerks Clerk to pay them of the Circuit Courts, and they are hereby required, within Treasurer. ten days after any term of their respective Courts, to pay over to the County Treasurer all moneys received for the fees in the last preceding section provided for, together with a statement, under their hands, respectively, of the cases in which such fees accrued, which statement shall be filed in the office of the County Treasurer. over to County effect. (3429.) SEC. 19. This act shall take effect and be in force When act to take from and after the first day of January next, except section three, which shall take effect on the first day of October, eighteen hundred and fifty-one; and from and after said day all acts or parts of acts contravening the provisions of this act are repealed. An Act to Complete the Judicial Organization of the State. [Approved February 12, 1853. Laws of 1853, p. 84.] (3430.) SECTION 1. The People of the State of Michigan enact, Certain Counties That the Third Judicial Circuit shall, in addition to the county of third and eighth included in the Judicial Circuits. Wayne, include the counties of Cheboygan and Emmet; and the Eighth Judicial Circuit shall, in addition to the counties now included in it, also include the counties of Oceana, Newaygo, and Grand Traverse. Duty of Judge relative to terms (3431.) SEC. 2. The Circuit Judge of the Third Circuit is hereof Circuit Courts. by required, within twenty days after the passage of this act, to appoint the times of holding the terms of the Circuit Courts in the counties of Cheboygan and Emmet, and to cause notice thereof to be published in the Northern Islander, a newspaper published in the county of Emmet, and also to transmit to the clerks of each of said counties a copy of such notice, which shall be filed and preserved by such clerk. Ibid. Jurisdiction of such Courts. (3432.) SEC. 3. The Circuit Judge of the Eighth Circuit is hereby required, within twenty days after the passage of this act, to appoint the times of holding the terms of the Circuit Courts in the counties of Oceana, Newaygo, and Grand Traverse, and to cause notice thereof to be published in the Grand Rapids Enquirer, a newspaper published in the city of Grand Rapids, and to transmit to the clerks of each of said counties a copy of such appointment, which shall be filed and preserved by such clerks. (3433.) SEC. 4. The Circuit Courts shall have the same jurisdiction to hear, try, and determine causes now pending or hereafter commenced, as if said counties had been added to said circuit at the time of organizing the same respectively. SEC. 5. This act shall take effect immediately. Transfer of Re cords, etc., from Circuit Courts. An Act to Provide for the Transfer of the Records, Files, Books, Papers, and Judgments in the [Approved February 12, 1853. Laws of 1853, p. 115.] (3434.) SECTION 1. The People of the State of Michigan enact, County Courts to That from and after the passage of this act, all the records, files, books, papers, and judgments, being and remaining in the several late County Courts, shall be transferred to the several Circuit Courts of the counties where said records, files, books, papers, and judgments now are; and from and after such transfer, the said records, files, books, judgments, and papers shall be deemed and considered to be a part of the records, files, books, papers and judgments of said Circuit Courts Authority of respectively, for all purposes; and the said Circuit Courts thereon. shall be fully authorized to issue execution upon said judg Circuit Courts |