« PreviousContinue »
Costs shall be awarded.
against any pleading of either party, an amendment of such pleading may be allowed on such terms as the court may be deem just and equitable; and the court may also require the opposite party to answer such amended pleading, or to join issue thereon, as the case may require, summarily or otherwise. And if upon an appeal on an issue of law, the court should adjudge any pleading complained of to be sufficient, such court may, in like manner require the opposite par ty, summarily or otherwise, to answer such pleading, or to join issue
thereon. Issues of
Sec. 17. If the issue joined before the justice was an issue of facts fact tried by jury.
the court shall proceed to have the same tried by jury, or referred to referees in the same manner as if such issue had been joined in a suit originally commenced in such circuit court, and such court shall have the same power over the verdict of the jury or the report of the referees, and shall render judgment thereon in the same manner as in other suits in such court.
Sec. 18. Costs in judgments rendered on appeals in circuit courts shall be awarded as follows :
First. If the party against whom judgment was rendered in the court below on contract [express or implied,] appeal therefrom, and such judgment shall not be reduced in the circuit court, five dollars or more, full costs shall be awarded against the appellant, if such judg. ment shall be reduced in the circuit court five dollars or more, then full costs shall be awarded against the appellee.
Second. If the party in whose favor judgment was rendered in the court below, on contract, express or implied, appeal therefrom, and such judgment shall not be increased in the circuit court eight dollars or more, full costs shall be awarded against the appellant ; if such judgment shall be increased in the circuit court eight dollars or more, then full costs may be awarded against the appellee, or other. wise as such circuit court may deem right and just.
Third. If the party against whom judgment was rendered in the court below on any claim other than contract, express or implied, appeal therefrom, and such judgment shall not be reduced in the circuit court, eight dollars or more, full costs shall be awarded against the appellant; if such judgment shall be renduced in the circuit court eight dollars or more, then full costs shall be awarded against the appellee.
Fourth. If the party in whose favor judgment was rendered in the court below on any claim other than contract, express or implied, appeal therefrom, and such judgment shall not be increased in the circuit court ten dollars or more, full costs shall be awarded against the appellant; if such judgment shall be increased in the circuit court ten dollars or more, then full costs may be awarded against the appellee, or otherwise, as such circuit court may deem right and just,
Fifth. In judgments rendered on appeals in actions of replevin, and all other causes not provided for in this section costs may be awar- . ded as the circuit court may deem to be just and right between the parties in view of the particular circumstances attending each case.
Sec. 19. Whenever costs are awarded to the appellant, he shall be Taxation. allowed to tax as part thereof the amount of costs and fees paid to the justice as disbursements in addition to the costs in the circuit court, and where the judgment in the court below was against such appellant, he shall further be allowed to tax any legal costs incurred by him which he would have been entitled to recover in case such judgment in the court below had been rendered in his favor.
Sec. 20. If upon appeal a recovery be had by one party for any Costs may debt or damages, and costs to be awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the pariy in whose favor a balance may appear. Sec. 21. In all cases where judgment shall be rendered against the
Judgment. appellant in the circuit court, the same shall; on motion of the appellee or his attorney, be entered as well against the surety on the appeal as against the appellant, and execution shall issue against them jointly. Sec. 22. Upon a judgınent being rendered on appeal in the circuit
Execution. court, the party recovering the same shall be entitled to execution thereon in like manner as if such judgment had been rendered on a suit originally commenced in that court. Sec. 23. Upon an apreal being dismissed by the circuit court, and
Justice may a certified
copy of the order of such dismissal being served upon the issue exejustice who rendered the judgment below, such justice shall issue execution thereon in the same manner as if no appeal had been made.
Sec. 24. No judgment rendered by any justice of the peace in this Writ of erstate in any civil suit or proceeding, shall be removed by writ of
ror abolish cer
tiorari to any circuit court for review, from and after the time when this act shall take effect.
Sec. 25. All of that part of the act entitled “An act to prescribe the powers and duties of justices of the peace in civil proceedings,” approved April nine, eighteen hundred and forty-one, relating to the removal of judgments, rendered by justices of the peace into the circuit courts by appeal or writ of certiorari or any other acts or parts of acts heretofore passed, contravening, or in any way contradicting or conflicting with the provisions of this act, be, and the same are hereby repealed.
Sec. 26. That any constable having an execution in his hands for collection, issued upon any judgment rendered on contract, express or implied, against two or more persons shall, on being served with an affidavit, by any co-defendant in such execution, showing the principal debtor therein, first exhaust all the personal estate of said principal debtor, which may be turned out to him on said execution by such co-defendant, before resorting to the property of any other defendant being security.
Sec. 27. This act shall take effect and be in force from and after the first day of May next.
Approved March 24, 1845.
ing path of canals. Section 1. Be il enacted by the Senate and House of Representa. Penalty for tives of the State of Michigan, That every person who shall lead, tow path. drive or ride any horse, ox or ass, mule or other animal upon the tow
ing path or the bank opposite the towing path of any canal, authorized by the laws of this state, except for the purpose of towing boats or other floating things upon the waters thereof, and except for the purpose of conveying articles to and from said canals in order to their transportation on the waters of the same, or their delivery at their place of destination, shall forfeit for every such offence the sum of five dollars, and pay all damages consequent upon such offence over and above the said forfeiture.
Sec. 2. For all forfeitures incurred under the provisions of the pre
Forfeituror. ceding section, an action of debt may be brought before any justice of the peace in the name of the people of the State of Michigan, and any sums recovered for such offence shall be paid into the State Treasury, to the credit of the internal improvement fund; and any sums also recovered for consequential damages by an action on the case therefor, shall be paid to the person or persons sustaining the same.
Approved March 24, 1845.
An Act to re-locate a certain State Road.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan. That Spaulding M. Case, Edward Bishop, and Justus J. Bennet, junior, be and they are hereby autho- State road, rized to re-locate, as the public good may require, so much of the state road from Ann Arbor, in Washtenaw county, to Howell, in Livingston county, as may run through the township of Hamburg, and they shall file the survey of the same in the office of the township clerk in said township of Hamburg.
Sec. 2. The state shall not be liable for any expenses incurred, or damages sustained by reason of this act, and ir. case the said road shall not be surveyed and relocated in two years from the passage
of this act, the provisions herein contained shall be void.
Approved March 24, 1845.
the charters of certain banks, and for other purpo-
Section 1. Be it enacted by the Senate ard House of Represen
Banks. tatives of the State of Michigan, That section three of the act entitled " an act to repeal the charters of certain banks, and for other purposes," approved February 16, 1842, be "and the-same is hereby
amended by inserting in the first line thereof, after the word “creditor,” the words or stockholders.”
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved March 24, 1845.
An Act to incorporate the Ypsilanti Seminary.
Section 1. Be it enacted by the Senate and House of RepresentaIncorpora- tives of the State of Michigan, That Lyman H. Moore and William
Moore, of the county of Washtenaw, and their successors in office,
chase, gist, grant, devise, bequest or otherwise, and of selling, conMay sell
veying or leasing ny estate, real, personal or mixed, for the purposes hereinafter mentioned, and none other, and that they and their successors in office shall have full power to make and enter into contracts, to make such rules and by-laws as they may deem necessary for the good government and success of said seminary: Prorided, Such by-laws are not inconsistent with the constitution and laws of the United States and of this state: And prorided further, That the amount of property held by such corporation shall never exceed the sum of ten thousand dollars.
Sec. 3. Said proprietors shall have power to establish and continSeminary.
ue in the township of Ypsilanti a seminary of learning, for the instruction of persons in the various branches of literature, or to con
and buy estate.