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Sec. 40. Executions from the county courts shall be directed to Exceutiens. the sheriff of the county, (except in cases where by law a coroner or constable is required to serve the same) be dated on the day on which they actually issued, be made returnable in ninety days thereafter, and shall run against the goods and chattels, lands and tenements, of the defendant within the county.
Sec. 41. If the sheriff or any officer to whom any execution Proceedings from a county court shall have been delivered, shall neglect to re-lift or other turn the same within five days after the return day thereof, or shall
neglect to resuse or neglect to serve any such execution or to levy the same turn excelas lawfully directed, or shall refuse or neglect to pay over any pay over monies collected by him on any such execution as required by law, lected. the county court upon application of the judgment creditor, his agent or attorney, upon oath, setting forth such neglect or refusol specifically, shall issue a citation made returnable on the first day of the next ensuing term from the date thereof, which shall be served by any constable of the county, five days at least, before the return day thereol, citing such sheriff or other officer to appear before said court, at a time named therein, to show cause, if any there be, why he should not be held liable io pay the amount due to the judgment creditor on such execution, including damages, in. terest and costs; and if on such hearing, no sufficient cause be shown by such officer why he should not be held liable as aforesaid, the court shall render judgment in favor of the judgment creditor and against such officer for the amount due him upon such execution, damages, interest and costs, inclusive, together with the costs of the proceeding and ten per cent. damages on the amount due as aforesaid, and no bail for the stay of execution in any such judg. ment shall be allowed to be put in, in any such
but exexu. tion may issue thereon immediately, directed to any constable of the county, who may collect the same, with all the powers and liable to all the penalties of a sheriff in similar cases.
Sec. 42. Upon any judgment it shall be lawful to issue an execution into any other or the same county, after the execution issued cutions may shall have been returned and filed, as though returned and filed on interdichter the return day.
ges being counsellor
herein he lins bien counsel.
In relation to County Courts and Judges.
Sec. 43. Each of the county judges, being an attorney and County jud
counsellor at law of the supreme court of this staie, shall have of Scip. C're power and authority to grant writs or' habeas corpus and adjudicate er of circuit thereon, and to do all other acts which by the laws of this staie, a
circuit court commissioner is authorized to do or perform, excepting granting certiorari to his own decision, and shall be allowed therefor, the same lees allowed circuit court commissioners for the like services.
Sec. 44. No county judge shall try any cause in which he shall (*). judge 10 try no case have been attorney or counsel, except by the consent of both parties,
their attorneys and counsel.
Sec. 45. The resignation of any county judge, or second judge, Resigna
my be filed with the county clerk, and shall take effect froin the filing of the same in the clerk's office.
Sec. 46. Each county court shall have power to make rules for practice. regulating the practice of suid court, and conducting the business
ihereof, and to revise and alter the same from time to time as it may deem proper, subject however to such rules as may be prescribed by the supreme court in accordance with law.
Sec. 47. The board ol supervisors of each county except the county of Wayne, in which the board of county auditors, shall at any regular meeting make an order allowing the county judga a reasonable compensation for his services in each and erery year
in the trial of civil and criminal causes, and that section nineteen Section 19. of chapter one hundred and fisty of ihe revised statutes of eighteen s repealed. and forty-six, be und ihe same is hereby repealed. Specizielec
Sec, 48. It shall be lawful for the electors of any county in this judges.
state to hold a special election iherein on the first Monday of April in any year, for the purpose of filling any vacancy in either of the offices of county judge or second judge of the county court of such county. And such election may be held when the county ciers shall at least twenty days before the annual township meeting, give notice in writing to the township clerks of the several townships of the said county, that elections will be held to fill such vacancy, any law to the contrary notwithstanding.
Sec. 49. The voles cast at such election shall be canvassed, the result certified and determined in the manner, and under the res
Sinrics of judges.
rion for Co.
Canvous & return of volts in sech casos.
Co. clerk to
strictions and regulations provided by existing laws for holding
Fees to be paid to the use of the County.
Entry fee. by process or amicable issue, or before any appeai either by the appellant or respondent, or judgmeni by confession shall be entered, or [there] shall be paid to the county clerk for the use of the county, the sum of two dollars in each case, which shall be taxed in each case in favor of the party paying the same and recovering judgment.
Sec. 51. The clerk shall pay the said sees so received by him on or before the first day of cach general term, to the county pay same :0 treasurer.
General provisions concerning County Courts.
Testimony tices courts, the provisions of law relating to the admissibility of atomske
on appeals. the testimony of a party in the justice's court shall be applicable on the trial of any such cause in the county court.
Sec. 53. Parties to any civil cause or proceeding pending in any cases may county court, may agree in writing upon the facts m such cause or proceeding, and submit the same to the court; and such court shall of facts by
partile-bill thereupon render judgment in the cause so submitted; and if either consente party shall be dissatisfied with such judgment, a bill of exceptions to the opinion of the court may be tendered, and the judgment removed to the circuit court for the same county by a writ of
be submitt'd on tatem't
as to one or
Sec. 54. When an action founded upon contract is brought against several persons the plaintiff may be allowed at any time be- discontinue fore judgment to discontinue as against any of the defendants upon era defenda such terms as the court shall direct; and a verdict may be taken for, or against one or more of several deferdants.
Sec. 55. Il in any civil suit or criminal prosecution in any county court of this state, any question of law shall arise, which in the for opinion opinion of the presiding judge shall be so important or doubtful to make it advisable to require the opinion of the supreme court therefor, he shall report the cause so far as may be necessary to present such question of law, and transmit the same with all con
venient speed to the clerk of the supreme court in the judicial circuit where the same originated; the clerk shall file the same in his office, and at the next session shall present the same to the supreme court for their determination, and the opinion of said court thereon shall be certified with such instruction as to said supreme court may be necessary, to the county court, and all proceedings in the county court shall be stayed until the decision of the supreme court shall be certified back to the county court, and the said clerk shall have
the same sees as are allowed in cases sent from the circuit couri. Direction &
Sec. 56. All process from county courts shall be directed to the Sabrice or sheriff of the proper county, and may be served by such sheriff, or process.
by any of his depusies, or any by person specially deputed therefor by the court: Provided, That in cases where the sheriff is a party 10 the suit the process shall be directed to one of the coroners of the county,
Sec. 57. Amicable suits may be entered by the parties thereto, without process, and thereupon the same pleading shall be made, and the same proceedings had, as in other cases.
Sec. 58. Each county shall provide all books necessary for keeping the records of its county court.
Sec. 59. Every summons, attachmerit or writ of replevin, issues and when to by the clerk of the county court in pursuance of the provisions of
this act, shall be made returnable on the first day of the general term next ensuing the date thereof, and at ien o'clock in the fore. noon of said day, and shall be served at least six days before tte time of appearance therein mentioned; Provided, That every summons, attachment or writ of replevin, issued in ierm, or within six days previous to the first day of any general term, shall be made returnable on ihe first day of the next succeeding general term and
at the hour aforesaid. New trials,
Sec. 60. The county courts shall have power and authority getting aside verdicts &c,
to grant new trials, and to set aside all non-suits and verdicts, in a coucounts full and ample a manner as the circuit courts now have; and all ite
general provisions of the revised statutes of 1816 relating to the powers and duties of courts of record at law, shall apply to the county courts, so far as the same are not inconsistent with any provisions respecting the said courts, and the proceedings and practice therein, in this act contained, and no farther.
Return day of process
Sec. 61. If from sickness or any other cause the judge of any county court shall fail to attend at the proper time and place for judges do holding the court, or at the time to which any cause may stand con- to try cause tiued, no such cause or any suit commenced therein, or appeal, ued to nen shall in consequence thereof become discontinued; in which case all such suits, appeals and causes, shall stand continued to the next general term, unless the county judge or second judge shall appear and proceed to hear the same, within six hours after the time appointed for the hearing of the same.
Of Mortgages. Sec. 62. On default being made in the payment of any money what mortsecured to be paid by a mortgage of real estate accompanied by a noie, bond or other obligation of the mortgagor, or containing a covenant or express agreement for the payment of money secured thereby, such mortgage may in all cases where the sum due and secured with interest thereon does not exceed the sum of one thougand dollars, be foreclosed and collected in the county court for the county in which the mortgaged premises are situated, in the manner hereafter provided.
Soc. 63. The mortgagee, his heirs or assigns, on any payment Suit and of the principal or interest becoming due on such mortgage, may gainsi morimahe and file a complaint as commencement of suit in the county court as in other cases of a demand for money, and prosecute such suit to final judgment as in other cases, or take judgment by confes. sion, for such amount as may be found due on such mortgage and its accompanying obligations, and when such judgment is entered, the judge or clerk of the county shall endorse on the back of such mortgage, the amount and date of such judgment, which endorsement shall have no other and further effect than to exhibit the proceedings in such case.
Sec. 64. The party against whom judgment may be rendered stay of exeas provided in the last preceding section may enter bail therein for
such judge the stay of execution as in other cases, and if at the end of the Execution time for which said execution be stayed, the amount of such judg- for sale of ment, with interests and costs, or any part thereof remains unpaid, gaged prem
ises and pro the plaintiff in such judgment, his heirs, assigns, or legal represen-eedings tatives, may at his or their election, take out an execution thereon against the defendant and agiinst his bail, or may have an order of
sale of mort