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or all of said contracts for a period of one year only. In
case a contract is made for such period for any of the pur-
poses aforesaid, the provisions of this act with reference
to advertising, execution, et cetera, shall be deemed to be
applicable; and at the expiration of such contract the said
board shall proceed to let other and further contracts for the
purpose, or purposes, thereby contemplated, subject to the
provisions hereof.

This act is ordered to take immediate effect.
Approved March 15, 1917.

One justice of the peace elected, term, etc.

Successor.

Term of office.

Vacancy provided for.

[No. 4.]

AN ACT to consolidate all courts of inferior jurisdiction in the city of Saginaw into a justice court, to define the powers and duties thereof and fix the compensation of the justice, constables, clerks and other officers therefor, and to provide for their election or appointment and to repeal titles twelve, thirteen, fourteen, fifteen of act number five hundred sixty-six of the Local Acts of nineteen hundred five, providing for a justice of the peace, recorder and recorder acting as police judge and all acts conflicting herewith upon approval by the electors of the city of Saginaw.

The People of the State of Michigan enact:

SECTION 1. There shall be elected in the city of Saginaw at the time and in the manner hereinafter provided, one justice of the peace, who shall hold office until January first, nineteen hundred twenty-four, and until his successor is elected and has qualified. At the regular municipal elections held in nineteen hundred twenty-three for the purpose of nominating and electing candidates for city offices, candidates for the office of justice of the peace shall be nominated and elected as near as may be in accordance with the provisions of the charter of the city of Saginaw regulating the nomination and election of mayor. The term of office of the justice of the peace, so elected, shall begin January first, nineteen hundred twenty-four, and he shall hold office for six years, or until his successor is elected and has qualified. His successors shall be nominated and elected every sixth year thereafter in the manner hereinbefore prescribed, and shall hold office for six years.

SEC. 2. If a vacancy occur in the office of the said justice of the peace such vacancy shall be filled for the unexpired term at the next regular, or at a special municipal election. Vacancy shall exist when such justice fails to qualify for

seven days after his election, dies, resigns, is removed from office, removes from the city, is convicted of a felony, or judicially declared to be mentally incompetent. In case of a vacancy in said office the council or legislative body of said city shall appoint a suitable person to fill same, but only until the next election, regular or special, held in said city.

abolished.

SEC. 3. The office of recorder acting as police judge and offices the office of justice of the peace now existing in said city are hereby abolished, and said justice of the peace who is elected and who qualifies hereunder shall be and is empowered to receive and take from such officers all files, records Transfer of and dockets kept by them appertaining to their said offices, records, etc. and said justice shall be and is empowered to issue executions according to law upon any judgment appearing upon said dockets with the same effect as if said judgment had been rendered by him and any action or proceedings pending before either said recorder acting as police judge, or justice of the peace at the time said justice elected hereunder shall take office, shall be transferred to said justice and he shall have full jurisdiction to proceed with the same in the same manner as if said action or proceeding had been brought before him originally.

SEC. 4. Said justice shall devote his entire time to the Temporary duties of his office. In the event of his temporary absence absence. or inability to perform the duties of his office another justice of the peace of the county of Saginaw shall, when designated by the council or legislative body of the city of Saginaw, have power to perform the duties of said office. Such acting justice shall be entitled to receive pro rata for the time he shall so serve the salary which would otherwise have been payable to the justice elected under this act: Provided, how- Proviso. ever, Nothing herein contained shall be construed as denying said justice leave of absence not exceeding two weeks in any one year without pay.

concurrent.

SEC. 5. Said justice shall have and exercise the same ju- Jurisdiction. risdiction and powers in civil and criminal cases and proceedings and shall perform the same duties as may be conferred upon or required of justices of the peace by the general laws of this State: Provided, That he shall have concur- Proviso, rent jurisdiction in civil actions ex contractu express or implied wherein the debts or damages do not exceed the sum of five hundred dollars. He shall also have original juris- Charter, etc., diction to issue process for, hear, try and determine all cases against persons charged with the violation of the provisions of the charter or ordinances of said city.

violations.

SEC. 6. Except as in this act otherwise provided the gen- Laws eral laws of the State with reference to justices courts and applicable. justices of the peace shall be applicable to the said justice

and the court held by him.

SEC. 7. The said justice as against all other justices of the Exclusive peace of the county of Saginaw shall have exclusive juris- jurisdiction. diction of all actions and proceedings within his jurisdiction

Proviso.

Office and - court.

Sessions.

Salary.

Fees.

Clerk, appointment of.

where the defendants, or either of them, shall, at the time of the commencement of such action or proceeding be resi dents of said city. He shall also have a like exclusive jurisdiction where the original cause of action existed in favor of a resident of said city but has been by him assigned: Provided, however, Such assignee resides in Saginaw county. He shall also have jurisdiction in all cases where either or any of the parties reside in said city.

SEC. 8. Said justice of the peace shall have his office in the city hall and shall have his court room open and shall be in attendance on the duties of his office therein from nine o'clock in the morning until twelve noon, and from one-thirty o'clock until five o'clock in the afternoon, except on Sundays and legal holidays. Sessions of said court may be held daily at the central police station or at the west side police station. The council of the city of Saginaw shall provide the necessary rooms, offices and supplies for the use of said jus tice and court officers.

SEC. 9. Said justice shall receive from the city of Saginaw an annual salary of twenty-four hundred dollars, payable in the same manner as the salary of the mayor. Except marriage fees and said salary, all fees or moneys to which said justice would otherwise be entitled by virtue of his of fice shall belong to the city of Saginaw.

SEC. 10. The council or legislative body of the city of Saginaw shall have power and it shall be their duty to appoint a clerk of the justice court who shall hold office during the Qualifications, pleasure of the council. Said clerk shall be a resident and elector of the city of Saginaw, and before entering upon the duties of his office shall take, subscribe and file in duplicate with the clerk of said city and with the clerk of the county of Saginaw the constitutional oath of office.

oath.

Salary.

Bond.

Where filed.

Premium.

Duty prescribed.

SEC. 11. Said clerk shall receive from the city of Saginaw an annual salary of twelve hundred dollars, payable in the same manner as the salary of the mayor.

SEC. 12. Said clerk shall before entering upon the duties of his office give a bond to the city of Saginaw and a bond to the treasurer of the county of Saginaw each in the sum of one thousand dollars with sufficient sureties to be approved by the council of said city and by the treasurer of said county respectively, conditioned for the faithful discharge of the duties of his office. The bond to the city shall be filed with the city clerk and the bond to the treasurer of said county shall be filed with said treasurer. The premium on said bond, if any, shall be paid by the city of Sagi

naw.

SEC. 13. Said clerk shall keep all records of said justice court and be custodian of all records and files thereof. He shall receive and account for all moneys, costs, fines of every description payable into said court. He may sign all writs in civil cases issuing from said court. He shall not be concerned as counsel in any cause pending therein.

SEC. 14. Said clerk shall enter in a book provided for that Idem. purpose a list of names of all jurors who have served in the trial of cases in said court with names arranged in alphabetical order, together with the date or dates that each juror served with a reference to the page of the docket where the proceedings of the trial are entered.

SEC. 15. Said clerk shall have power to administer oaths Idem. and take affidavits in all proceedings pending in said court. If, upon the adjourned or return day of any cause, the justice shall be absent said clerk may adjourn said cause to some other day not exceeding two weeks, and the record thereof shall be entered in the docket of the justice.

payment to

lections.

SEC. 16. Said clerk shall not later than the eighteenth and Semi-monthly third days of each month pay to the treasurer of Saginaw County treascounty all moneys received during the semi-monthly period urer of colending on the fifteenth and last days of the month next preceding, from fines and costs in State criminal cases, except costs belonging to the city of Saginaw, and he shall at the same time pay to the treasurer of the city of Saginaw all moneys received from any source which belong to the city of Saginaw, and which were collected during said semi-monthly period, and shall take the receipt of said treasurer therefor. He shall at the same time report in writing to the city con- Report to troller on forms to be furnished by the controller, the title controller. and nature of all civil cases pending in said court, the names of all defendants and the offense charged against each in all criminal cases pending in said court, the amount of fines and the amount of all other moneys collected by him in each case, and shall make oath that said report is a true and correct statement of the facts therein set forth, and that in accordance with the provisions of this act he has paid over all moneys received by him.

constables.

SEC. 17. The office of constable in each ward of said city Four of Saginaw is hereby abolished. The council or legislative body of the city of Saginaw shall have power and it shall be their duty on the recommendation of the justice to appoint four constables, who shall hold office during the pleasure of the council. Such constables shall have like powers and Power, authority in all civil and criminal matters in relation to authority. their duties as is conferred by law upon constables in townships. Each constable before entering upon the duties of Security. his office shall give such security for the performance of his duties as is required of constables in townships by the general laws of the State. He shall be entitled to demand and re- Fees. ceive for his services such fees as shall be provided by the general laws of the State, except as herein otherwise provided. SEC. 18. Prosecutions for violations of any ordinance or Prosecutions, any provision of the charter of the city of Saginaw shall menced. be commenced before said justice by complaint in writing and on oath setting forth briefly the ordinance or provision of said charter which has been violated and in what manner and by whom, and a warrant shall issue directed to the

how com

Service of process.

Laws governing. Proviso.

Further proviso.

Jury trials.

Entry fees.

chief of police, or any policeman of said city, reciting the substance of such complaint and commanding such officer in the name of the people of the State of Michigan to arrest the person named in said complaint and bring him before said court at the first session thereof to be dealt with according to law; and upon such person being so brought before such court, such proceedings shall be had as are provided by the general laws of the State for the trial of criminal cases before justices of the peace, except as in this act otherwise provided.

SEC. 19. The chief of police, or any member of the police force of said city, shall have power to serve and execute all process issued out of said court in criminal cases, and in all cases of the violation of the provisions of the charter and ordinances of said city, each member of the police force of said city may make arrests without process for offenses committed within his presence; and the person so arrested shall be taken before said court at the first session thereof and complaint then made against the person so arrested, and such further proceedings shall thereupon be had as provided. in section eighteen.

SEC. 20. The service of all writs, process and warrants under this act shall be made in the manner prescribed by the general laws of this State: Provided, That for the service of original writs within said city, no officer shall demand or receive more than fifty cents as fees for each service: And provided further, That no member of the police force of said city shall receive for his own use, any fees for services performed under this act, but such fees shall be property of and payable to the city of Saginaw.

SEC. 21. Any person arrested for violating any ordinance of said city may demand a trial by jury, which shall be summoned in the same manner as is provided by the general laws of the State for the trial of criminal cases before justices of the peace; but no jury shall be demanded, except, upon payment, by the defendant, of the fees provided by law for payment of the jury and for the summoning of the jury. In case of a trial by jury in criminal cases some member of the police force of said city shall prepare the list, receive the venire, and summon said jury.

SEC. 22. Before any action or proceeding, except proceedings in garnishment, replevin, attachment or by civil warrant, shall be commenced in said court there shall be paid to said clerk by the party bringing the same, the sum of fifty cents as entry fee, and in actions of replevin, attachment, or those begun by civil warrant, there shall be paid, as aforesaid, the sum of one dollar as entry fee, and at or before the trial of any such action or proceeding shall be commenced, the further sum of one and one-half dollars, but in the case of a non-suit or discontinuance before the commencement of the trial, only the entry fee shall be pay

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