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 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 expiration of his pire 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 on rations in cases See Sec. 3694. (3922.) SECTION 1. The People of the State of Michigan enact, service of atWhenever 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 3925. Proceedings on Complaint made before 3926. Hearing and trial by Justice. 3928. Charge to be read and plea entered. rendered. 3931. If Defendant demand trial by Jury, list to 3932. Proceedings if parties neglect to strike 3934. Talesmen. 3935. When new Jury to be summoned, etc. 3938. Verdict how delivered and entered. 3941. Appeal by Defendant after conviction, to 3942. When Judgment to be rendered against SECTION 3945. To whom fines paid after committal. 3947. Subpoenas for Witnesses, etc. 3950. Certificate to be filed with Clerk of County. 3953. Allowance of Writ. 3954. Service of and return to Certiorari. victed giving recognizance. 3956. Circuit Court may compel return. 3958. Notice of argument. 3959. Continuance of recognizance. 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; Proceedings 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 jucontained, 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. fendant's appear mitment for want of bail. (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. Bail for de- (3927.) SEC. 4. From the time of the return of the warrant ance, and com- 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 committed to jail for safe keeping by warrant of said Justice, or left in custody of the arresting officer. Charge to be read and plea entered. When issue to be tried by Court. (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 behalf of such accused in its minutes. (3929.) SEC. 6. If the plea of the accused be not guilty, and no jury be demanded by him, the said Court shall proceed to try such issue, and to determine the same according to the evidence which may be produced against and in behalf of such accused. plead guilty, (3930.) SEC. 7. If the accused shall plead guilty to such if defendant charge, the Court shall thereupon convict him of the offence judgment to be charged, and render judgment thereon. rendered. mand trial by (3931.) SEC. 8. After the joining of issue, and before the If defendant deCourt shall proceed to an investigation of the merits of the Jury, list to be cause, the accused may demand of such Court that he be tried made, etc. by a jury; whereupon the Court shall direct the Sheriff or any constable of the county to make a list in writing of the names of eighteen inhabitants of the county, qualified to serve as jurors in the Courts of Record of this State, from which list the complainant and accused may each strike out three names. parties neglect to venire for Jury, (3932.) SEC. 9. In case the complainant or the accused shall Proceedings if neglect to strike out such names, the Court shall direct some strike out names; suitable disinterested person to strike out the names for either etc. or both the parties so neglecting; and upon such names being struck out, the Justice shall issue a venire, directed to the Sheriff or any constable of the county, requiring him to summon the twelve persons whose names shall remain upon such list, to appear before such Court at the time and place to be named therein, to make a jury for the trial of such offence. (3933.) SEC. 10. The officer to whom such venire shall be Service and delivered shall summon such jurors personally, and shall make a list of the persons summoned, which he shall certify and annex to the venire, and return the same with such venire to the Court within the time therein specified. re turn of venire. (3934.) SEC. 11. If any of the jurors named in such venire Talesmen. shall fail to attend in pursuance thereof, or if there shall be any legal objection to any that shall appear, the Court shall supply the deficiency by directing the Sheriff, or any constable who may be present and disinterested, to summon any of the bystanders or others who may be competent, and against whom no cause of challenge shall appear, to act as jurors in the cause. to be summoned, (3935.) SEC. 12. If the officer to whom the venire shall have when new Jury been delivered, shall fail to return the same as thereby required, or if the jury shall fail to agree, and shall be discharged by the Court, a new jury shall be selected and summoned in the same manner, and the same proceedings shall thereupon be had, as herein prescribed in respect to the first jury, unless the accused shall consent to be tried by the Court, in which case the Court shall proceed to the trial of the issue, as if no jury had been demanded. |