TITLE XX. CHAPTER 87. When court may from obligation, &c. deem reasonable to be given to the parent or guardian who consented to the binding of such apprentice or servant, or to the officers who bound him, or their successors in office, shall proceed to hear and determine the cause. SEC. 23. After a full hearing of the parties, or of the complainant, if discharge master the adverse party shall neglect to appear, the court may make an order or decree, that the master be discharged from the contract of apprenticeship or service, and for the costs of the suit, and the amount of such costs may be recovered in an action against the minor, with interest thereon, after he shall have arrived at full age, and such minor may be bound out anew. Minor discharg ed by death of master. Preceding provisions apply to mistresses as SEC. 24. No indenture of apprenticeship or service, made in pursuance of this chapter, shall bind the minor after the death of the master, but the minor shall be thenceforth discharged therefrom, and may be bound out anew. SEC. 25. An indenture of apprenticeship or service, made in pursuance of this chapter, by or in behalf of a minor, may be made either well as masters. with a woman or man, capable in law of contracting, and all the foregoing provisions shall apply as well to mistresses as to masters. Common law right not affected. 7 Mass., 147. 1 Mason 78. 8 J. R., 328. Mother of illegit SEC. 26. Nothing contained in this chapter shall prevent, or affect the right of a father, by the common law, to assign or contract for the services of his children for the term of their minority, or of any part thereof. SEC. 27. The mother of an illegitimate minor child shall have powimate child may er to give the consent authorized in this chapter, to the binding of such child, during the lifetime of the putative father, as well as after his death. consent to bind ing. TITLE XXI. OF COURTS AND JUDICIAL OFFICERS. Chapter 88. Of the Supreme Court. Chapter 93. Of Courts held by Justices of the Peace. Chapter 94. Of Criminal Proceedings before Justices of the Chapter 95. Of Circuit Court Commissioners, Attorneys, and Chapter 96. General Provisions concerning Courts, and the CHAPTER 88. TITLE XXI, CHAPTER 88. OF THE SUPREME COURT. Judges of su. SECTION 1. The supreme court shall consist of four judges, one of whom shall be styled the chief justice, and the other three of whom preme court. shall be styled associate justices, who shall be appointed and shall Const. art. 6, § 2, hold their offices as provided in the constitution of this state. SEC. 2. The said court shall have original and appellate jurisdic- Jurisdiction. tion of all such matters and suits at law and in equity, as may be lawfully brought before it; and shall also have jurisdiction of suits, actions and matters brought before it by writ of certiorari or writ of error, when the same shall be allowed by law, to any inferior court, to magistrates and other officers, as well in cases of prosecution for any offence, misdemeanor or penalty, in the name of the people of this state, as in other cases; and shall have authority to issue writs of error, prohibition, certiorari, mandamus, quo warranto, habeas corpus, procedendo, supersedeas, and all other process which may be necessary for the due execution of the law, and the administration of justice, and the full and perfect exercise of its jurisdiction, and to hear and determine thereon, according to the principles and usages of law and equity. Supervision of SEC. 3. The supreme court shall have the general supervision of all courts of law of inferior jurisdiction, to prevent and correct errors inferior courts. and abuses therein, when no other remedy is expressly provided by law. SEC. 4. There shall be four several terms of the supreme court Terms of the held in each year, commencing as follows, to wit: On the first Mon court. CHAPTER 88. TITLE XXI days of January, May and July, and the third Monday of October; which said terms shall respectively be called the January, May, July, and October terms of said court. Where terms to be holden. Special terms. Exercise of appellate jurisdiction. Court may or der argument at any term. When clerk to SEC. 5. The terms of said court shall be held as follows: 1. The January term in each year, at the supreme court room, in the city of Detroit, in the county of Wayne: 2. The May term in each year, at the court house in the village of Kalamazoo, in the county of Kalamazoo: 3. The July term in each year, at the court house in the village of Jackson, in the county of Jackson: 4. The October term in each year, at the court house in the village of Pontiac, in the county of Oakland. SEC. 6. The said court may direct a special term thereof to be held at either of the places above named, whenever they shall deem it necessary, by an order therefor, which they shall cause to be published at least thirty days before the time appointed, in some paper printed at the seat of government. SEC. 7. At any of the terms of said court, it shall exercise its appellate jurisdiction in suits in equity and at law, and in probate cases, originating in any part of the state. SEC. 8. Before (upon) all questions arising under the exercise of such jurisdiction, when argument of counsel may be desired or intended by the parties, or may be requested by the court, the court may order such argument to be had at any of said terms. SEC. 9. If neither of the said justices shall attend on the first day open and adjourn of any term of said court, it shall be the duty of the clerk thereof, at any time after four o'clock in the afternoon of such day, to open the said court by proclamation, and immediately to adjourn the same to the next day, and so to open and adjourn the said court from day to day, until the justices thereof, or one of them, shall appear, when the court shall proceed to business, if a quorum be present, as if it had been opened and adjourned by a justice thereof; and any two of said justices shall constitute a quorum for business. When justice at tending may ad to day, or without day. SEC. 10. If two of said justices shall not attend, the justice attendjourn from day ing, may, in his discretion, adjourn the said court from day to day, until a quorum shall be present; or, if he shall deem it proper, he may adjourn the said court without day; and if no justice shall attend before the expiration of the third day in term, the clerk shall adjourn said court without day. Attendance of sheriff, consiables, &c. Removal of records and pa pers. Establishing and revising rules of practice. SEC. 11. The sheriff of the county in which any term of the court may be held, shall, before the commencement of such term, summon not more than two constables of his county to attend the same; and the sheriff and constables so summoned, shall attend the court during its sitting; and the compensation allowed by law for such attendance, together with all moneys paid by such sheriff for fuel and other necessary expenses, which shall be certified by the clerk of the court, and he deemed reasonable by the auditor general, shall be paid out of the treasury of this state. SEC. 12. The justices of the supreme court may, from time to time, direct the removal of such records and papers in any cause, as they may deem proper, from one clerk's office to another. SEC. 13. The justices of the supreme court shall have power, and it shall be their duty, within three months after this chapter shall take effect, by general rules to establish, and from time to time thereafter to modify and amend the practice in said court, and in the circuit courts, at law and in equity, in the cases not provided for by any statute; and they shall, once at least in every two years thereafter, if necessary, revise the said rules, with the view to the attainment, so far as may be practicable, of the following improvements in the practice: 1. The abolishing of all fictions and unnecessary process and proceedings: 2. The simplifying and abbreviating of the pleadings and proceedings: 3. The expediting of the decision of causes : 4. The diminishing of costs: 5. The remedying of such abuses and imperfections as may be found to exist in the practice; and, 6. Abolishing all unnecessary forms and technicalities in pleadings and practice. TITLE XXI. CHAPTER 88. SEC. 14. All writs and process issuing out of said court, shall run Process to run into, and may be executed in any county in this state; and the seal into any county. of said court affixed to, or impressed upon any writ or process in any suit or proceeding therein, shall be conclusive evidence that such writ or process was issued by said court, in all cases where such writ or process may lawfully be issued. discovery of SEC. 15. The supreme court shall have power, in all such cases as Power to compel shall be deemed proper, to compel any party to a suit pending there- books, &c. in, to produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defence therein. to discovery. SEC. 16. The court shall, by general rules, prescribe the cases in Rules in relation which such discovery may be compelled, where the same are not herein provided; and the costs of such proceedings shall always be awarded in the discretion of the court. thereon. SEC. 17. To entitle a party to any such discovery, he shall present Petition for disa petition to the court, or to any justice thereof in vacation, verified covery and order by oath, upon which an order may be granted by the court or such justice for the discovery sought, or that the party against whom the same is sought, show cause why the prayer of such petition should not be granted. SEC. 18. Every such order may be vacated by the justice granting When order may the same, or by the court, 1. Upon satisfactory evidence that the same ought not to have been granted: 2. Upon the discovery sought being made: 3. Upon the party required to make the discovery, denying on oath, the possession or control of the books, papers or documents ordered to be produced. be vacated. Staying proceed SEC. 19. The court shall provide by general rules, for the staying of the proceedings of any party against whom such discovery shall ings when discohave been ordered, until the same shall have been complied with or ordered. vacated. very SEC. 20. In case of the party neglecting or refusing to obey any Remedies for nesuch order for discovery, within such time as may be deemed reason- glect, &c., to able, the court may non-suit him, or may strike out any plea or notice make discovery. he may have given, or may debar him from any particular defence in relation to which such discovery was sought; and the power of the TITLE XXI. CHAPTER 88. &c., produced. court to compel such discovery, shall be confined to the remedies ings against the person or property of the party so refusing or neg- SEC. 21. The books, papers and documents produced under any Effect of books, order made in pursuance of the preceding sections, shall have the same effect, when used by the party requiring them, as if produced upon notice, according to the practice of the court. Court to pre certain cases. SEC. 22. The supreme court shall, amongst other things, regulate scribe practice in and prescribe the practice therein, and in the circuit courts, when the same is not prescribed by any statute, in relation to bills of exceptions; cases made by the parties; special verdicts; granting new trials; motions in arrest of judgment; taxation of costs; giving notice of special motions, and of such other proceedings as the court may think proper; staying proceedings when necessary to prevent injustice; and the hearing of motions, imposing terms in their discretion on granting such motions. To prescribe certain powers of circuit court commissioners, &c. When judgment SEC. 23. In cases not otherwise provided for, the supreme court shall have power, from time to time, by general rules, to prescribe the cases in which the circuit courts or any judge thereof, or circuit court commissioners may grant orders to stay proceedings in causes and matters pending in the circuit courts, and upon process issued therefrom, the effect of such orders; and the terms and conditions on which they shall be granted. SEC. 24. When the judges of the supreme court shall be equally divided in opinion upon any case submitted to them, brought before such court by appeal, certiorari or writ of error, if two judges of the supreme court shall be in favor of affirming the judgment or decree of the court below, such judgment shall thereupon be confirmed, (affirmed.) SEC. 25. Each of the justices of the supreme court shall receive an Salary of judges. annual salary of one thousand five hundred dollars, payable quarter yearly out of any moneys in the state treasury belonging to the general fund, not otherwise specially appropriated by law. Judges not to practice. Seals of the court. Arguments in supreme court ted in writing. SEC. 26. No justice of the supreme court shall practice as attorney, solicitor or counsellor, in any court of this state. SEC. 27. The seals of the supreme court now in use, shall continue to be used therein, and with such other seals as may be devised for that purpose according to law, shall be the seals of said court. SEC. 28. All arguments of demurrers, cases, bills of exceptions, may be submit. appeals, motions, and other matters in the supreme court, may, at the option of the respective parties, be submitted to said court in writing, subject to such rules as the said court may prescribe, except when such court shall, by general or special rule or order, otherwise direct. SEC. 29. All cases in the supreme court shall be decided and dispotime cases to be sed of before or during the first week of the term next succeeding the one when the same is argued or submitted. Within what decided. Judges to deliver copies of deci sions to reporter. SEC. 30. On or before the January term in each year, the judges of said court shall deliver to the reporter of said court, copies of their decisions on all questions determined by said court during the preceding year. |