Who to pay costs. against Appren tice for misbeha (3358.) SEC. 21. All the costs incurred on any such process against an apprentice or servant, shall be paid in the first instance by the master; and if the complaint be supported, the amount of such costs may be recovered in an action against the minor, after he shall arrive at full age. Complaint (3359.) SEC. 22. If any such apprentice or servant shall be vior, and pro- guilty of any gross misbehavior, or refusal to do his duty, or ceedings there willful neglect thereof, his master may file his complaint in the Probate Court of the county in which he resides, and the Court, after causing such notice as it shall deem reasonable to be given to the parent or guardian who consented to the binding of such apprentice or servant, or to the officers who bound him, or their successors in office, shall proceed to hear and determine the cause. on. 2 Pick., 451. When Court may discharge Master etc. (3360.) SEC. 23. After a full hearing of the parties, or of from obligation, the complainant, if the adverse party shall neglect to appear, the Court may make an order or decree that the master be discharged from the contract of apprenticeship or service, and for the costs of the suit, and the amount of such costs may be recovered in an action against the minor, with interest thereon, after he shall have arrived at full age, and such minor may be bound out anew. Minor discharged by death of Master. Preceding provisions apply to well as Masters. (3361.) SEC. 24. No indenture of apprenticeship or service, made in pursuance of this chapter, shall bind the minor after the death of the master, but the minor shall be thenceforth discharged therefrom, and may be bound out anew. (3362.) SEC. 25. An indenture of apprenticeship or service, Mistresses, as made in pursuance of this chapter, by or in behalf of a minor, may be made either with a woman or man, capable in law of contracting, and all the foregoing provisions shall apply as well to mistresses as to masters. Common Law Right not affected. 7 Mass., 147. 1 Mason, 78. 8 J. R., 328. Mother of illegitimate child may (3363.) SEC. 26. Nothing contained in this chapter shall prevent or affect the right of a father, by the common law, to assign or contract for the services of his children for the term of their minority or of any part thereof. (3364.) SEC. 27. The mother of an illegitimate minor child consent to bind shall have power to give the consent authorized in this chapter, to the binding of such child, during the lifetime of the putative father, as well as after his death. ing. TITLE XXVIII. OF COURTS AND JUDICIAL OFFICERS. CHAPTER CXII. Of the Supreme Court. CHAPTER CXIII. Of the Circuit Courts. CHAPTER CXIV. Of the District Court in the Upper Peninsula. CHAPTER CXV. Of the Courts of Chancery. CHAPTER CXVI. Of the Probate Courts. CHAPTER CXVII. Of Courts held by Justices of the Peace. CHAPTER CXVIII. Of Criminal Proceedings before Justices of the Peace. CHAPTER CXIX. Of Circuit Court Commissioners, Attorneys and other Judicial Officers. CHAPTER CXX. General Provisions Concerning Courts, and the Powers and Duties of Certain Judicial Officers. CHAPTER CXXI. Of Proceedings as for Contempts to Enforce Civil Remedies, and to Protect the Rights of Parties in Civil Actions. SECTION 3379. Oath of Office. 3380. Seal of Court. 3381. Contravening acts repealed. 3383. Special Terms. 3384. Appellate Jurisdiction. 3385. Court may order argument of Counsel at 3396. When Clerk to open and adjourn Court. 3391. Style of Process; Process to run into and 3392. Power to compel Discovery of Books, 3393. Rules in relation to Discovery. 3394. Petition for Discovery, and order thereon. 3396. Staying proceedings when Discovery SECTION 3397. Remedies for neglect to obey order. 3398. Effect of Books, etc., produced. 3399. Court to prescribe Practice in certain cases. 3400. To prescribe powers of Circuit Court, etc., as to orders to stay proceedings. 3401. Judgment brought up by appeal, etc., to be affirmed if Judges equally divided in opinion. 3402. Judges not to Practice as Attorneys. 3403. Seals of the Court. 3404. Arguments in Supreme Court may be 3405. Court may require oral testimony. 3408. When opinions to be delivered to Re- 3409. Chapter Eighty-eight of Revised Statutes repealed. 3410. When Act to take effect. Supreme Courts; of whom to consist. Constitution, Art. 6, Sec. 2. General Elections for Judges. First election. An Act to Provide for the Organization of the Supreme Court, pursuant to Section Two of [Approved February 16, 1857. Laws of 1857, p. 390.] (3365.) SECTION 1. The People of the State of Michigan enact, That from and after the first day of January, in the year one thousand eight hundred and fifty-eight, the Supreme Court shall consist of a Chief Justice and three Associate Justices, to be chosen by the electors of the State. (3366.) SEC. 2. A general election shall be held in the several townships and wards of the State, on the first Monday of April, in the year one thousand eight hundred and fiftyseven, and on the first Monday of April in every second year thereafter, for the election of Judges or Justices of the Supreme Court. (3367.) SEC. 3. At the first election, to be held on the first Monday of April, in the year eighteen hundred and fifty-seven, there shall be elected one Chief Justice and three Associate Justices of the Supreme Court, who shall be divided into four How Judges classes, to be numbered one, two, three, and four, whose term Term of service of service shall commence on the first of January, in the year elassified. of each class. eighteen hundred and fifty-eight; the term of service of class number one shall expire in two years; the term of class number two shall expire in four years; the term of class number three shall expire in six years; and the term of class of Judges. number four shall expire in eight years, from the first day of January, eighteen hundred and fifty-eight. After the first election, one Judge shall be elected every two years; and Biennial Election their terms of office shall be eight years; the place of each Term of Office. Judge shall be filled by an election at the general election to be held on the first Monday in April next preceding the expiration of his term of service. filled. (3368.) SEC. 4. Whenever a vacancy shall happen in the Vacancies; how office of Judge of the Supreme Court, it shall be filled by appointment of the Governor, and a successor shall be elected at the next general election which may be held on the first Monday of April thereafter; unless a general election shall be held in November, prior to such election in April; and in such case he may be elected at such election in November. (3369.) SEC. 5. The Secretary of State shall, immediately secretary of after the passage of this act, transmit to the Sheriff of each sheriffs, and puborganized county, by mail, a notice in writing, or a printed Election. circular, containing a brief statement of the contents of this act, so far as the same relates to the election of such Judges; and he shall cause a copy of this act to be published in such newspapers in each Judicial Circuit as he may deem proper, once in each week, until the first election to be held in pursuance thereof. State to notify lish notice Town Clerks. of (3370.) SEC. 6. The Sheriffs of the several counties, on Sheriff to notify receiving the notice hereby provided for, shall forthwith, in writing, notify the Township Clerk of each township, and one of the Inspectors of Election in each ward in any city, of such election. prepared to re Judges and Re sity. (3371.) SEC. 7. The Inspectors of Election in the several Ballot Box to be townships and wards in cities, throughout the State, are ceive ballots for hereby required to prepare a ballot box at each of the biennial gents of Univerelections provided for in this act, to receive all ballots that may be offered at such elections for a Judge or Judges of the Supreme Court, and for Circuit Judge and Regent of the University, all of which shall be voted for on the same ballot. (3372.) SEC. 8. The election provided for by this act shall Elections; how be conducted in the same manner, and by the same officers, and notices of the time and place shall be given, as by the existing laws provision is made for holding a general election in the State in the month of November of each second year; and the Inspectors of Election shall make the same canvass, statement and returns, and they are hereby invested with the conducted. County Canvass when to be held ed. same powers and authority, as are provided by the election laws of this State for a general election. (3373.) SEC. 9. The county canvass for Judges of the and how conduct Supreme Court shall be held on the second Tuesday succeeding the election, and shall be conducted in all respects in the same manner, and by the same officers, and returns shall be made in the same manner and within the same time, as is provided by existing laws for the canvass of votes cast for Circuit Judges, Secretary of State, and other State officers. Board of State in Canvassing. (3374.) SEC. 10. The Secretary of State, State Treasurer, and Commissioner of the State Land Office, shall constitute the Board of State Canvassers, and they are hereby authorized and required to proceed in the canvass and determination of the election of the Judges or Judge of the Supreme Court, How to proceed in the same manner, and at the same time, as is provided by law for the canvass of the election of Circuit Judges and Regents of the University, and they shall make a statement of the votes cast, and the number cast for each person, and determine the person or persons elected, and make and subscribe on such statement a certificate of such determination, and deliver the same to the Secretary of State, who shall cause the same to be recorded in his office; all of which proceedings shall be conducted in accordance with the laws regulating the canvass of votes cast at a general election for State officers, so far as the same are applicable. Board of State classes of Judges by lot. (3375.) SEC. 11. After the canvass and the determination by termine the the Board of State Canvassers what persons have been duly elected Chief Justice and Associate Justices of the Supreme Court, they shall prepare four slips of white paper, of equal size, on each of which they shall write or cause to be written the name of one of the Judges so elected; which slips, so prepared, shall be put into a box and shaken up by one of the board, when the other members of the board shall each alternately draw out one of the slips, until they are all drawn. The person whose name shall be first drawn shall constitute class number one; the person whose name shall be drawn secondly shall constitute class number two; the person whose name shall be drawn thirdly shall constitute class number three; and the person whose name shall be drawn lastly shall constitute class number four. The board shall certify and sign a statement of the time, mode and result of the drawing, and the class assigned thereby to each of the Judges, and |