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of office.

court.

Sec. 3. No person shall be elected judge of the municipal Qualification

of judge. court of Menominee unless he be at the time of such election an attorney and counsellor at law of the supreme court of this State.

SEC. 4. The judge of said court before entering upon the To take duties of his office shall take and subscribe the oath of office prescribed by article eighteen of the Constitution of this State. Such oath may be taken before any officer authorized to administer oaths, and shall be filed in the office of the clerk of the city of Menominee, and said judge shall within ten days To give bonds. after being notified of his election to said office file with the city clerk of said city a bond to the city of Menominee in the penal sum of three thousand dollars with sufficient sureties to, be approved by the mayor of said city, conditioned for the faithful performance of the duties of his office.

SEC. 5. Said court shall have exclusive jurisdiction to Jurisdiction of hear, try and determine all actions and prosecutions for the recovery and enforcement of fines, penalties and forfeitures imposed by the ordinances of the city and of all causes, proceedings and prosecutions for the violation of any such ordinance; and shall also have exclusive jurisdiction to hear, try and determine all actions or prosecutions for the violation of any law of this State where the offense is committed within the city of Menominee and which otherwise would be cognizable by a justice of the peace; and shall also have the same jurisdiction and powers for the arrest and examination of offenders as is conferred upon justices of the peace by chapter three hundred thirty of the Compiled Laws of eighteen hundred ninety-seven. An appeal may be taken from any judg. Appeals, ment of said court to the circuit court for the county of Menominee in the same manner and with like effect as appeals may be taken to said court from a judgment of a justice of the peace.

SEC. 6. Said court shall have the same jurisdiction of all Jurisdiction in civil actions original and concurrent that is possessed by justices of the peace where the plaintiffs or any of them or the defendants or any of them reside in the city of Menominee; and in addition thereto, subject to the same condition of residence of the parties, shall have concurrent jurisdiction with the circuit court for the county of Menominee of all civil actions of a transitory nature in which the debt or damages claimed or the amount, or the value of the property, involved as shown by the declaration of the plaintiff shall not exceed the sum of five hundred dollars.

SEC. 7. The municipal court of Menominee shall have Jurisdiction original and exclusive jurisdiction in all actions and pro- property apceedings to open, widen or extend any public street or alley, propriated. and of all other proceedings where it shall be necessary to appropriate private property for any public use within said city. Such actions and proceedings shall be taken under chapter ninety of the Compiled Laws of eighteen hundred ninety-seven and all the powers and authority by that act con

where taken.

civil cases.

tice courts.

ferred upon the recorder's court of cities are hereby conferred

upon and vested in the said municipal court. Judge to SEC. 8. The jury impaneled in any case in said court shall decide questions of law.

determine any and all questions of fact in such case but it shall be the duty of the court hearing such cause, when requested by either party, to decide all questions of law arising therein the same as in the circuit courts of this State; and it shall also be the duty of said court, when requested by either party, to instruct the jury as to the questions of law applicable to the case. If it shall appear on such trial that either party is entitled to a verdict as a matter of law and

that no question of fact exists requiring the determination of Proceedings said jury then said court may direct a verdict accordingly. The same as jus

proceedings in said court as to the form, issue, service and return of writs and process, the conduct of trials, the rendi. tion of judgments, the taxation of costs, the issue and return of execution and in all other respects shall conform as near as may be to like proceedings in the courts of justices of the peace in this State as prescribed by law except as in this act

otherwise provided. When judge SEC. 9. In case of the absence or inability of such munimay appoint substitute.

cipal judge to act he may, by an order in writing filed in said court designate and appoint some practicing attorney of said city to perform his duties in such case, but the compensation

paid such attorney for the hearing of such case shall be borne Vacancy, how and paid by said municipal judge. In case of a vacancy in the

office of municipal judge aforesaid the mayor of the city of Menominee by and with the consent of the city council shall appoint some person who is duly qualified under the provisions of this act to hold said office, to fill such vacancy until the next annual city election thereafter, at which time the

said vacancy shall be filled by election. Fines, etc., to SEC. 10. All fines, penalties and costs collected or received whom paid.

by said judge or the clerk of said court for or on account of the violation of penal laws of this State or on account of the violations of any ordinances of said city shall be paid over by said judge or clerk to the city treasurer of the city of Menominee in accordance with the provisions of the charter thereof on or before the first Monday of the month next after the col. lection or receipt thereof by said judge or clerk and by said

treasurer be disposed of in the manner provided by law. To report to SEC. 11. Such municipal judge shall report to the proseprosecuting attorney.

cuting attorney of Menominee county all criminal prosecutions commenced in said court and shall certify all convic.

tions to the county clerk of said county in the same manner as Report to required by law for justices of the peace, and shall report to

the city council at the tirst regular meeting thereof in each month all fines, penalties and costs received by him since the last preceding report and the amount thereof paid to the city treasurer. Such report shall also show the name of every person prosecuted in said court under the city ordinances and

filled

council.

the disposition of each case with fine, cost and time of imprisonment, if any, in each case.

SEC. 12. Before any civil action or proceeding, except pro- Fees paid beceedings ip garnishment, shall be commenced in said muni- mencement of cipal court there shall be paid to the judge or clerk thereof suit. by the party bringing the action the sum of one dollar; and before the trial of any such action or proceeding shall be commenced the further sum of one dollar and fifty cents; but in case of nonsuit no judgment fee shall be required; and proceedings in garnishment shall be treated as part of the principal case and no additional fees shall be charged therefor up to and including the entry of judgment therein. If the plaintiff in such case recover judgment, he shall be entitled to tax the usual justice court fees against the defendant. If the defendant recover judgment in such cause the said justice court fees shall in like manner be taxed against the plaintiff. Nothing herein contained shall be so construed as to prevent Court may re

. the municipal court of Menominee in any civil action requiring the plaintiff therein to give security in said court for costs as in like cases in courts of justices of the peace. SEC. 13. Before any affidavit for appeal or writ of Advance fees

for appeal, certiorari shall be served on the judge of said municipal court, etc. in addition to the fees allowed by law for making returns to an appeal or certiorari, the entry fee on filing the same in the circuit court shall be paid to said judge or to the clerk of said municipal court by the appellant or plaintiff in error and the said judge shall as early as possible file the returns to such appeal or writ of certiorari in the office of the clerk of the circuit court of Menominee county and shall pay or cause to be paid over to him the fee so advanced as aforesaid.

SEC. 14. All moneys paid to said judge of said court for Fees to be for entry fees paid on the institution of any suit therein and for judgment fees paid on the commencement of trial or the entry of judgment in said suit, shall be in full satisfaction of all the fees of said judge in civil actions and when received by said judge or by the clerk of said municipal court shall be for the use of the city of Menominee and be paid over to the treasurer of said city in accordance with the provisions of this act. The Certain exsum or sums paid by either party, including the jury fees, shall be taxed as cost of suit in favor of the party paying the same if he be the prevailing party in the suit in addition to any other costs to which he may be entitled by law. In criminal cases the same costs shall be paid and in the same manner as in proceedings before justices of the peace in townships except. that the same shall be paid to the judge or clerk of said court as in this act provided.

SEC. 15. In any civil action tried in said court the prevail. Attorney fees ing party in such action shall be entitled to have taxed in his in civil cases. favor in addition to the costs herein otherwise provided for, an attorney fee as follows: on any judgment for the sum of fifty dollars or less, a sum equal to ten per cent of the judgment; on any judgment over fifty dollars and less than one

use of city.

penses taxed as costs.

In case of non-suit.

City clerk to be clerk of court.

Powers and duties.

hundred dollars, five dollars; on any judgment for one hundred dollars or over, ten dollars; in actions of replevin, five dollars. If the plaintiff shall become nonsuit after the service of a plea or demurrer, the defendant shall recover an attorney fee of five dollars, but no attorney fee shall in any case be taxed unless the prevailing party has appeared therein by an attorney of the supreme court of this state, and the defendant has appeared and put in a plea or demurrer.

SEC. 16. The city clerk of said city shall be ex-officio clerk of said municipal court of Menominee, and it shall be his duty as such clerk to keep a true and complete record of all proceedings before said court and enter all judgments in the dockets in the time and manner prescribed by law, which judgments shall be signed by . the judge. He shall keep true and correct accounts of all moneys received by him or said court or judge for the use of the city of Menominee or for any other purpose, and shall properly account for and pay over the same to the party entitled thereto. He shall also file and safely keep all papers and books belonging and appertaining to said court, none of which shall be removed from said court without the authority in writing of the judge thereof, nor unless proper receipts therefor be given. Said clerk shall also receive all costs, fines and dues of every description which are provided by law in all proceedings before said court, and shall pay the same monthly to the treasurer of the city of Menominee as provided for in this act, and shall take such treasurer's receipt there. for. The said clerk shall have power generally to administer oaths and take affidavits. He shall receive for such services such compensation as the city council of Menominee may de. termine not exceeding the sum of three hundred dollars per year.

SEC. 17. This act shall in no way affect the fees to which said judge shall be entitled on the performance of the marriage ceremony, taking acknowledgments and in administering oaths in matters not connected with any litigation in said court nor shall it affect the fees to which the sheriff of Menominee county or his deputies or the chief of police of the city of Menominee are entitled by law, or the present mode of paying them.

SEC. 18. The council of the city of Menominee may provide suitable court rooms for the accommodation of such municipal court and also such jury rooms as may be necessary, which shall be contiguous to each other. The council shall also provide all necessary dockets, books, blanks and stationery for the use of said court, provided that the council may authorize the use of the council rooms for such municipal court, if in their judgment it shall be deemed advisable to do So.

SEC. 19. The municipal judge shall receive such salary as the council shall prescribe not exceeding the sum of eighteen hundred dollars per year: Provided, however, All fees re

Compensation.

Act not to affect certain fees.

Council to provide court room, etc.

Salary of judge.

Proviso.

ceived by said judge for entry fees, judgment fees and otherwise, except the fees provided in section seventeen of this act shall be for the use of said city and shall be paid over by him to the city treasurer thereof on or before the first Monday of the month next succeeding the receipt thereof by said judge or by the clerk of said court.

SEC. 20. Section twenty-three of title eight of the charter Repealing of the city of Menominee, being act number four hundred clause. forty-two of the Session Laws of the year nineteen hundred one, and all acts and parts of acts contravening or conflicting with the provisions of this act are hereby repealed.

This act is ordered to take immediate effect.
Approved March 24, 1903.

[No. 352.]

AN ACT for submitting to the electors of the cities of Bay City and West Bay City, in the county of Bay, the question of the consolidation of the two cities under one municipal government.

The People of the State of Michigan enact: SECTION 1. At the annual election on the first Monday in Question to be April, one thousand nine hundred three, in the cities of Bay electors. City and West Bay City, in the county of Bay, there shall be submitted to the electors of said cities the question whether or not the said cities shall be consolidated into one city under one municipal government. SEC. 2. At least ten days before the time of holding said Notice of,

how given. annual election the recorder or clerk of each of said cities shall give public notice that the question whether said cities shall be consolidated under one municipal government will be submitted to the electors of said cities at the said annual election to be held on the first Monday in April, one thousand nine hundred three. Such notice shall be given by posting, at least ten days before said election, in three or more public places in each ward of each of said cities, a written or printed copy thereof.

Sec. 3. It shall be the duty of the boards of election com- Who to premissioners of the said cities of Bay City and West Bay City

pare ballot. to prepare a ballot for the use of the electors of the said cities desiring to vote upon the question of such consolidation, which ballot shall be in the following form:

"Vote on the question of the consolidation of Bay City and Form of. West Bay City.

"For the consolidation of Bay City and West Bay CityYes.

"For the consolidation of Bay City and West Bay City, No."

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