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Harvard College Library
Michigan State Library
Note. The words and sentences inclosed in brackets in the following acts were in the bills as passed by the Legislature, but not in the enrolled copy as approved by the Governor. It should, however, be borne in mind that under a decision of the Supreme Court, 57 Mich. 128, "Bracketed words, which were not in the law as approved by the Governor, have no proper place in the statute."
AN ACT to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act.
The People of the State of Michigan enact:
SECTION 1. This act shall be shown [known] and may be Act how cited as "The Judicature Act of nineteen hundred fifteen." SEC. 2. This act is hereby declared to be remedial in charac- Remedial; ter, and as such shall be liberally construed to effectuate the intents and purposes thereof.
Of the Organization and Powers of the Supreme Court. SECTION 1. The supreme court shall consist of a chief jus- of whom tice, and seven associate justices, to be chosen by the electors court to of this State. The present justices of said court shall be justices thereof, until the expiration of their respective terms of office.
SEC. 2. At the election to be held in the several townships When justices and cities of this State, on the first Monday of April, nine- elected. teen hundred and seventeen, and every two years thereafter, there shall be elected two justices of the supreme court, to hold their offices respectively for the term of eight years
from and after the first day of January next succeeding such Term of office. election.
SEC. 3. Such justices shall be voted for on the same bal- How voted for. lot as circuit judges and regents of the university, and all the provisions of law then existing relating to election of circuit judges, so far as applicable, and the making of the county and State canvasses therefor, and certifying the result thereof, shall be applicable in the case of justices of the supreme court.
SEC. 4. Whenever a vacancy shall happen in the office of Vacancy, justice of the supreme court, it shall be filled by appoint- how filled. ment of the Governor, and a successor shall be elected at the next general April or November election.
SEC. 5. Five justices shall be sufficient to form a quorum Quorum. for the hearing of cases and for the transaction of business,
and the court shall have the jurisdiction and powers conferred by the constitution and laws of this State. Parties to proceedings pending in the supreme court shall be entitled to Oral hearing. an oral hearing in all calendar causes and upon all motions involving constitutional questions and personal liberty. When. ever there shall be filed a dissenting opinion in a case heard by a quorum of five justices only, the parties therein shall have a right to a rehearing before the entire bench upon making a Chief justice. proper application therefor. The powers and duties appertaining to the office of chief justice of the supreme court shall devolve, from time to time, upon the two justices of that court whose term of office shall soonest expire by its own limitations; the justice having served the longest time in said court shall discharge such duties during the year next preceding the last year of his term, and the justice having served the shortest time in said court shall discharge such duties during the last year of his said term: Provided, however, In case the said two justices have served the same length of time in said court, then the justice senior in years shall discharge such duties during the year next preceding the last year of his term, and the justice junior in years shall discharge such duties during the last year of his term. Four terms of the supreme court shall be held annually, commencing Tuesday after the first Monday of January, April, June and October, which shall be called respectively the January, April, June and October terms of said court. All the terms of said court shall be held at the supreme court room in the city of Lansing, in the county of Ingham. The court may hold special or adjourned terms, and shall continue its sessions a sufficient number of days at each term to hear all the causes ready for hearing, and all causes and questions not decided at the term when the same are submitted shall be determined early in the next succeeding term.
Proviso, seniority in years.
Where held. Special or adjourned
One justice to be at seat of government.
Oath of office.
Certiorari or writ of error.
SEC. 6. Each justice of the supreme court shall receive an annual salary of seven thousand dollars, payable out of the moneys of the State treasury, belonging to the general fund, not otherwise appropriated.
SEC. 7. At least one justice shall at all times be at the seat of government, and all justices who have their residences elsewhere than in Lansing, shall pay their own traveling expenses between their homes and Lansing.
SEC. 8. Before entering upon the discharge of their duties, the several justices shall take and subscribe the oath required by the constitution.
SEC. 9. The supreme court shall have a general superintending control over all inferior courts, to prevent and correct errors and abuses therein, where no other remedy is expressly provided by law, and shall have also 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 offense, misdemeanor or
penalty, in the name of the people of this State, as in other cases, and by certificate of any circuit judge of any cause pending or tried before him, or by a case made and agreed Case made. upon by the parties or their attorneys, in any circuit court, and certified by the clerk of such circuit court, and shall Other writs. have power to issue writs of error, certiorari, habeas corpus, mandamus, quo warranto, procedendo, prohibition, supersedeas, and all other original and remedial writs 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 the same. In all Appellate other cases it shall have appellate jurisdiction only.
SEC. 10. At any of the general terms of said court, it shall When to exexercise its appellate jurisdiction in suits, in equity and at ate jurisdiclaw, and in probate cases originating in any part of this State.
SEC. 11. Upon all questions arising under the exercise of Arguments 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 arguments to be had at any of said terms. And after the arguments of any cause, or when the Point not same is submitted on briefs, if the court is of opinion that [a] certain point or legal proposition is involved which is material to the decision of the case, and which has not been raised or argued by counsel on either side, the case shall not be decided on such point or proposition until both counsel have had an opportunity to argue the same before the court. SEC. 12. If neither of said justices shall attend on the first Absence day 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 judges 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 judge thereof.
SEC. 13. If a quorum of said justices shall not attend, the When quorum justice or justices attending may, in his or their discretion, not present. adjourn the said court from day to day, until a quorum shall
be present; or, if it be deemed proper, the said court may be Adjournment. adjourned 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.
SEC. 14. The justices of the supreme court shall have Power to power, and it shall be their duty, by general rules to estab. amend practice lish, and from time to time thereafter to modify and amend, in courts. the practice in such court, and in all other courts of record, in the cases not provided for by any statute; and they shall, Revision 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: