ments, and make all needful and proper orders and rules in reference thereto, and in reference to said records, files, books, papers and judgments, in as full and ample a manner, as if the same had always been and remained in said Circuit Courts. Such executions shall be issued on the application of the plain-Executions, how tiff, his agent or attorney, ten days' notice being first given to the defendant, his agent or attorney, of the intention to apply for such execution, and requiring him to show cause, if any, why such execution should not issue.

This act shall take effect immediately.

issued.

An Act Supplementary to an Act to Define the Limits, Jurisdiction, and Powers of Circuit Courts, Approved April Eighth, Eighteen Hundred and Fifty-One, and to Repeal an Act Supplementary to said Act, Approved June Twenty-Seventh, Eighteen Hundred and Fifty-One.

[Approved February 14, 1853. Took effect May 16, 1853. Laws of 1853, p. 187.]

questions of fact,

(3435.) SECTION 1. The People of the State of Michigan enact, Issues of Law or That all issues of law shall be tried by the Court, and all the how tried. issues and questions of fact shall be tried by the Court, unless a jury be demanded by one of the parties, in a manner prescribed by the rules of Court: Provided, That in all actions of tort, it shall be competent for the Court to order the cause to be tried by a jury.

how and when

facts found, etc.

(3436.) SEc. 2. Upon the trial of a question of fact by the Decision of Court, Court without a jury, the decision of the Court shall be given given. in writing, and filed with the Clerk on or before the first day of the term succeeding that in which the cause was submitted. (3437.) SEC. 3. In giving the decision the Court shall specify Court to specify the facts found, and the conclusions of law thereon, upon the request of either party. (3438.) SEC. 4. Either party desiring a review upon the Review of evi evidence appearing on the trial, either of the questions of fact exceptions. or of law, may, within such time as shall be prescribed by the rules of Court, make a bill of exceptions, in the same manner, and with the same effect as upon a trial by a jury, or a case, containing so much of the evidence as may be material to the question to be raised.

dence on Bill of

(3439.) SEC. 5. The bill of exceptions or case shall be settled Bill to be settled as provided by the rules of Court.

as rules shall prescribe.

may trans mit

cation.

(3440.) SEC. 6. In all civil causes submitted to any Circuit Circuit Judge Court in term time for decision, it shall be competent for the judgment in vaCircuit Judge to transmit to the Clerk or Register of such Court in vacation, his judgment, order or decree in said cause,

ter to

same.

enter

specifying in judgment at law the facts found, and the conclusions of law thereon; and thereupon it shall be the duty of the Clerk or Regis Clerk or Register to enter in the proper record such judgment, order, or decree, as of the last day of the preceding term; which judgment, order, or decree, shall have the same force and effect as if rendered in term time, and execution may issue thereupon as in other cases.

Notice of entry

to be given.

Time, how com.

puted when writ

appeal is taken.

(3441.) SEC. 7. Notice of the entry of such judgment, order, or decree, shall be given by the Clerk or Register, in such manner as the Circuit Court shall, by general or special order direct, to the parties, their attorneys or solicitors.

(3442.) SEC. 8. The time prescribed by law within which of error or a writ of error or appeal is to be taken, shall, when the judgment or decree is rendered in vacation, be computed from the day when such judgment or decree shall be actually entered by the Clerk or Register.

Provisions of

certain Chapter

(3443.) SEC. 9. The provisions of chapter one hundred and to apply to draw-three of the Revised Statutes of eighteen hundred and fortying jurors, etc. six, as amended, shall be applicable to the returning, drawing, summoning and empanneling of Grand and Petit Jurors, in all cases that are now pending, or may hereafter be commenced in the several Circuit Courts of this State, with all the provisions relating thereto; and the jurors so returned, drawn, summoned, and empanneled, shall constitute the jury in all the matters which are, by law, to be investigated by a Grand or Petit Jury.

Certain Act re

pealed.
1851, p. 311

(3444.) SEC. 10. That the act entitled "An Act supplementary to an Act to define the limits, jurisdiction and powers of Circuit Courts, approved April eighth, eighteen hundred and fifty-one, providing the mode of trying causes in the Circuit Court without a jury," approved June twenty-seventh, eighteen hundred and fifty-one, be and the same is hereby repealed.

Where Judge is

interested, etc.,

transferred to

An Act to Provide for the Transfer of Causes from one Circuit Court to another, in Certain Cases.

[Approved February 12, 1855. Took effect May 16, 1855. Laws of 1855, p. 273.]

(3445.) SECTION 1. The People of the State of Michigan enact, suit may be That whenever any civil suit or proceeding shall be pending another Circuit. in any Circuit Court in this State, either on the law or equity side of said Court, in which the Judge of said Court shall be interested as a party, or as a member of any Corporation. which is a party to said suit, or has heretofore been consulted

or employed as counsel in the subject matter to be litigated in said suit, or in which he would be excluded from sitting as a juror by reason of consanguinity or affinity to any party to said suit, the same may be transferred to some other Circuit Court in the manner provided by this act.

how applied for.

transfer by stip

(3446.) SEC. 2. Any party desiring to transfer any such suit order of transfer, or proceeding as is hereinbefore mentioned, may apply to a Circuit Court Commissioner of the county where said suit is pending, or to any Judge of the Supreme Court who is not within the disqualifications mentioned in the first section of this act, for an order to transfer such suit. Such application. shall be in writing, and shall set forth the grounds specifically for such transfer. The parties to any such suit may, by stipu-Parties may lation, consent to the transfer of any such suit or proceeding ulation. without any application to a Commissioner or Judge; in which case the stipulation shall have the same effect as an order duly made for such transfer under the provisions of this act. (3447.) SEC. 3. On receiving such application, the Commis- Judge to apsioner or Judge shall appoint a time and place of hearing the hearing applicasame, and shall from time to time, as may be necessary, direct the manner in which notice of such hearing shall be given to all parties interested in such application.

point time of

tion.

application.

(3448.) SEC. 4. On the day appointed for such hearing, or Hearing, etc., of on some other day to which said hearing may be adjourned, when it shall appear that the notice of such hearing has been duly given, the Commissioner or Judge shall proceed to hear and determine the application for such transfer, and for this purpose may issue subpoenas for witnesses, and require their attendance as in other cases, and he shall hear the proofs and allegations of the parties touching the subject of the application before him, and if he shall be satisfied that the Judge of the Circuit Court where such suit is pending is disqualified to sit in said cause within the intent and meaning of the first section of this act, he shall grant an order for the transfer of Order of transsaid cause or proceeding to the Circuit Court of some other County, which county shall be specified in said order.

fer.

Attorney, etc.,

other County,

made to that

(3349.) SEC. 5. If any party, or the Attorney or Solicitor of Where party or record of any party, shall be a resident of any county in this resident of some State other than the county in which said suit or proceeding transfer to be is pending, and the Judge of the Circuit Court of such other County. county shall not be disqualified to sit within the provisions of the first section of this act, the said suit or proceeding shall be transferred to the Circuit Court of the county in which the

On filing order, etc., Court to

tion.

party, Attorney, or Solicitor, or one of them resides, unless the parties thereto shall, by stipulation, otherwise agree; and in case of such agreement, the order on such transfer shall be in accordance therewith.

(3450.) SEC. 6. On filing the order of the Commissioner or have jurisdic- Judge, granted as aforesaid, in which the proceedings before said Commissioner or Judge shall be briefly recited, with the Clerk or Register of the Court to which said suit or proceeding is by said order directed to be transferred, the said Court shall have jurisdiction of the same to the same extent as if said cause or proceeding had been legally commenced in said Court, and may grant such order as may be necessary to procure the transfer of the existing files and orders in said cause or proceeding to said Court, and to cause due notice of such transfer to be made.

Clerk to transfer papers with copy

(3451.) SEC. 7. Upon delivering to the Clerk or Register of of records, etc. the Court where said cause or proceeding was pending before said transfer, a copy of said order of transfer duly certified by the Clerk or Register of the Court in which said order shall be filed, the said Clerk or Register, to whom said certified copy shall be delivered, shall attach together the originals of all the papers filed in said suit or proceeding, and shall make true copies of all the orders made therein, and which are entered upon books of record in said Court, and shall transmit the same, certified under his hand and seal to be the originals of such files and true copies of such orders, to the Clerk or Register of the Court in which said order of transfer shall have been filed; which files and copies, when so filed and deposited in the office of the Clerk or Register to whom said transfer is to be made, shall have the same force and effect in all respects, and shall be subject to the rules and orders of said Court as other original proceedings therein.

Fees of Clerk and Register on transfer.

(3452.) SEC. 8. The Clerk or Register, who shall be required under the provisions of this act to transmit the files and orders in any cause or proceeding, as herein provided, shall be entitled to six cents per folio for all copies of orders and proceedings which shall be necessarily made, and one dollar in addition thereto, which shall be in full for all services rendered under this act.

An Act to Amend the Act entitled, " An Act to Provide for Holding Terms of the District Court in the Upper Peninsula," Approved June 28, 1851.

[Approved January 24, 1853. Took effect May 16, 1853. Laws of 1853, p. 11.]

Court.

321.

(3453.) SECTION 1. The People of the State of Michigan enact, Terms of District That the act entitled, "An Act to Provide for holding Terms of the District Court in the Upper Peninsula," approved June Laws of 1851, p. 28, 1851, be amended so as to read as follows, viz.: There shall be held by the District Judge in that portion of the State denominated the Upper Peninsula, ten General Terms of the District Court in each year, to wit: two terms in each of the counties of Mackinac, Chippewa, Marquette, Houghton and Ontonagon.

to Circuit Courts

trict Court.

(3454.) SEC. 2. Statutes relative to the Circuit Courts, and Statutes relative proceedings therein, which are not inapplicable to said Dis- to apply to District Court, shall be held and deemed to apply to the said Constitution, District Court, and the proceedings therein.

Article 19, Sec. 1 and 2.

causes in District

(3455.) SEC. 3. Whenever the District Judge shall be When Circuit Judge may hear unable to hold the said Court, or shall be prevented from any and determine cause from holding the same, or when he may have been of Court. counsel, or may be interested in any causes pending therein, the said Court may be held, and such cause or causes, and any other cause then pending in said Court, may be heard and determined by any one of the Circuit Judges, with the same power and authority as the said District Judge.