Sec. 40. Executions from the county courts shall be directed to Executions. 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.

against she

officer for neglect to serve or re

same turn execu

tions or to

any pay over

law,

monies collected.

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- riff or other turn the same within five days after the return day thereof, or shall refuse or neglect to serve any such execution or to levy the as lawfully directed, or shall refuse or neglect to pay over monies collected by him on any such execution as required by the county court upon application of the judgment creditor, his agent or attorney, upon oath, setting forth such neglect or refusal 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 thereof, 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 to pay the amount due to the judgment creditor on such execution, including damages, interest 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 judgment shall be allowed to be put in, in any such case, but execution 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.

When exe

be issued

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 into other the return day.

counties.

County judges being counsellor

to havepow

In relation to County Courts and Judges.

Sec. 43. Each of the county judges, being an attorney and counsellor at law of the supreme court of this state, shall have of Sip. Ort power and authority to grant writs of habeas corpus and adjudicate er of circuit thereon, and to do all other acts which by the laws of this state, a circuit court commissioner is authorized to do or perform, excep ting granting certiorari to his own decision, and shall be allowed therefor, the same fees allowed circuit court commissioners for the like services.

c'rt com'rs.

Co. julge to

Sec. 44. No county judge shall try any cause in which he shall try no case bave been attorney or counsel, except by the consent of both parties, their attorneys and counsel.

wherein he

has been counsel.

Resigna

tions.

Rules of practice.

Sitaries of
Judges.

Sec. 45. The resignation of any county judge, or second judge, may be filed with the county clerk, and shall take effect from the filing of the same in the clerk's office.

Sec. 46. Each county court shall have power to make rules for regulating the practice of said court, and conducting the business thereof, 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 of supervisors of each county except the county of Wayne, in which the board of county auditors, shail at any regular meeting make an order allowing the county judge a reasonable compensation for his services in each and every year in the trial of civil and criminal causes, and that section nineteen Section 19 of chapter one hundred and fifty of the revised statutes of eighteen repealed. and forty-six, be and the same is hereby repealed.

chap. 150, R

Specialelection for Co. judges.

Canvass & return of

votes in

such cases.

Sec, 48. It shall be lawful for the electors of any county in this state to hold a special election therein on the first Monday of Apri 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 clerk 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 votes cast at such election shall be canvassed, the result certified and determined in the manner, and under the re

strictions and regulations provided by existing laws for holding special elections.

Fees to be paid to the use of the County.

Sec. 50. Before any suit shall be commenced in, the county court by process or amicable issue, or before any appeal either by the appellant or respondent, or judgment 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.

Entry fee.

Sec. 51. The clerk shall pay the said fees so received by him Co. clerk to on or before the first day of cach general term, to the county pay same to

treasurer.

General provisions concerning County Courts.

Co. treas'r.

on appeals.

Sec. 52. In all cases of appeal from judgments rendered in jus- Testimony tices courts, the provisions of law relating to the admissibility of admissible the testimony of a party in the justice's court shall be applicable on the trial of any such cause in the county court.

be submitt'd on tatem's of facts by parties-bill of excep

Sec. 53. Parties to any civil cause or proceeding pending in any cases may county court, may agree in writing upon the facts in such cause or proceeding, and submit the same to the court; and such court shall thereupon render judgment in the cause so submitted; and if either tions, &c. 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

error.

Pliff may

as to one or more of sev

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 such terms as the court shall direct; and a verdict may be taken for, or against one or more of several defendants.

eral defend

ants on terkis.

Case res'v'd

of supreme

Sec. 55. If 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 as court. 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 fees as are allowed in cases sent from the circuit court. Sec. 56. All process from county courts shall be directed to the service of sheriff of the proper county, and may be served by such sheriff, or by any of his deputies, or any by person specially deputed therefor by the court: Provided, That in cases where the sheriff is a party to the suit the process shall be directed to one of the coroners of the county,

Direction &

process.

Amicable suits.

Records of courts.

Return day

of process

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, attachment or writ of rep'evin, issued 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

be served.

New trials, setting aside verdicts &c, in county courts.

term next ensuing the date thereof, and at ten o'clock in the forenoon of said day, and shall be served at least six days before the time of appearance therein mentioned; Provided, That every summons, attachment or writ of replevin, issued in term, or within six days previous to the first day of any general term, shall be made returnable on the first day of the next succeeding general term and at the hour aforesaid.

Sec. 60. The county courts shall have power and authority to grant new trials, and to set aside all non-suits and verdicts, in as full and ample a manner as the circuit courts now have; and all the general provisions of the revised statutes of 1846 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.

Where Co.

not appear.

suit contin

term.

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 next 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.

gages may be foreclos'd in county

courts.

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 note, bond or other obligation of the mortgagor, or containing arts. 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 thousand dollars, be foreclosed and collected in the county court for the county in which the mortgaged premises are situated, in the manner hereafter provided.

judgment a

gagor.

Sec. 63. The mortgagee, his heirs or assigns, on any payment Sult and of the principal or interest becoming due on such mortgage, may gainst mortmake 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.

cution on

ment.

and order

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 judgethe 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 the plaintiff in such judgment, his heirs, assigns, or legal represen- ecedings tatives, may at his or their election, take out an execution thereon against the defendant and against his bail, or may have an order of

sale of mort

ises and pro

thereon.