last preceding section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or both, in the discretion of the court; and he shall be removed from office in the several courts in which he is authorized to practice.

sections.

SEC. 69. Nothing contained in either of the two last pre- Construction ceding sections shall be construed to prohibit the receiving in of last two payment, by any attorney or counselor, any bond, promissory note, bill of exchange, book debt, or anything in action, for any estate, real or personal, or for services actually rendered, or for a debt antecedently contracted; or from buying or receiving any bill of exchange, draft, or other thing in action, for the purpose of remittance, and without any intent to violate either of the two last preceding sections.

defense.

SEC. 70. The defendant in any suit to be brought upon any Notice of demand which shall have been bought, sold or received in violation of the foregoing provisions, may give notice with his plea, in addition to any other matter of defense, that on the trial of the cause he will insist and prove that the demand on which such action is founded has been bought and sold contrary to law, without setting forth any other particulars. SEC. 71. On the trial of the cause in which such notice shall Examination of plaintiff, have been given, if the defendant shall require it, the plain- etc. tiff, and his attorney and counsel, and any other person who may be interested in the recovery in such cause, shall be examined on oath touching the matters set forth in such notice. SEC. 72. The defendant in such suit may cause the persons May be mentioned in the preceding section to be summoned as wit- witnesses. nesses, to attend the trial; and if the plaintiff, or any other person interested in the recovery in such cause, and duly served with a subpoena for that purpose, shall fail to attend, unless such failure shall be accounted for to the satisfaction Failure to attend. of the court; or shall refuse to answer on oath such questions as shall be pertinent to show a violation of the provisions of Refusal this chapter; or if, on such examination, it shall appear that the cause of action on which such suit was founded has been bought or procured contrary to the true intent of the provisions of this chapter, the plaintiff in such action shall be Nonsuit. nonsuited.

summoned as

to answer.

admissible in

SEC. 73. No evidence derived from the examination of any Evidence insuch attorney or counselor shall be admitted in proof on any prosecution. criminal prosecution against him, for violating any of the pro

visions of this chapter.

SEC. 74. All existing laws, rules and provisions of law re- Compensation stricting or controlling the right of a party to agree with an of attorney. attorney or counselor for his compensation are repealed, and hereafter the measure of such compensation shall be left to the agreement, express or implied, of the parties; but any When agreement by which any attorney or counselor is to receive percentage any percentage or portion of the recovery in any cause, in void. consideration of his services therein, or in consideration of

agreement

Attorney not to become bail, etc.

Not to appear in certain

suits.

Attorneys as notaries.

State divided into circuits.

First circuit.
Second.

Third.

Fourth.

Fifth.

Sixth.

Seventh.

Eighth.

Ninth.

Tenth.

Eleventh.

Twelfth.

Thirteenth.

his having advanced or paid all, or any portion of the expenses of such cause, shall be wholly void if such employment shall have been induced by the solicitation of such attorney or counselor, or any one acting in his behalf, or at his request, without such services having been first solicited by such party. SEC. 75. No practicing attorney or counselor shall become security or bail for the appearance of any person charged with crime, in any criminal action, and any such security or bail for appearance, taken by a judge, circuit court commissioner, justice of the peace, or other officer authorized by law to take the same, shall be void.

SEC. 76. No person shall be employed or allowed to appear as counsel or attorney, before any court, in any suit which shall have been previously determined before himself, as a judge or justice of the peace.

SEC. 77. It shall not be lawful for notaries public who are attorneys and counselors to administer oaths in causes in which they may be professionally engaged.

CHAPTER II.

Of the Organization and Powers of the Circuit Courts.

Judicial Circuits.

SECTION 1. The State shall be subdivided into thirty-nine judicial circuits to be numbered consecutively from one to thirty-nine, and composed of the following counties, to-wit: The first circuit shall be composed of the county of Hillsdale. SEC. 2. The second circuit shall be composed of the county of Berrien.

SEC. 3. The third circuit shall be composed of the county of Wayne.

SEC. 4. The fourth circuit shall be composed of the county of Jackson.

SEC. 5. The fifth circuit shall be composed of the counties of Barry and Eaton.

SEC. 6. The sixth circuit shall be composed of the county of Oakland.

SEC. 7. The seventh circuit shall be composed of the county of Genesee.

SEC. 8. The eighth circuit shall be composed of the counties of Ionia and Montcalm.

SEC. 9. The ninth circuit shall be composed of the county of Kalamazoo.

SEC. 10. The tenth circuit shall be composed of the county of Saginaw.

SEC. 11. The eleventh circuit shall be composed of the counties of Chippewa, Schoolcraft, Luce and Alger.

SEC. 12. The twelfth circuit shall be composed of the counties of Baraga, Houghton and Keweenaw.

SEC. 13. The thirteenth circuit shall be composed of the counties of Antrim, Charlevoix, Grand Traverse and Leelanau.

SEC. 14. The fourteenth circuit shall be composed of the Fourteenth. counties of Muskegon and Oceana.

SEC. 15. The fifteenth circuit shall be composed of the Fifteenth. counties of Branch and St. Joseph.

SEC. 16. The sixteenth circuit shall be composed of the Sixteenth. county of Macomb.

SEC. 17. The seventeenth circuit shall be composed of the Seventeenth. county of Kent.

SEC. 18. The eighteenth circuit shall be composed of the Eighteenth. county of Bay.

SEC. 19. The nineteenth circuit shall be composed of the Nineteenth. counties of Lake, Manistee, Mason and Osceola.

SEC. 20. The twentieth circuit shall be composed of the Twentieth. counties of Allegan and Ottawa.

SEC. 21. The twenty-first circuit shall be composed of the Twenty-first. counties of Clare, Isabella and Midland.

SEC. 22. The twenty-second circuit shall be composed of Twentythe county of Washtenaw.

SEC. 23.

second.

The twenty-third circuit shall be composed of Twenty-third.

the counties of Alcona, Iosco and Oscoda.

SEC. 24. The twenty-fourth circuit shall be composed of Twentythe counties of Huron, Sanilac and Tuscola.

fourth.

SEC. 25. The twenty-fifth circuit shall be composed of the Twenty-fifth. counties of Marquette, Delta, Menominee, Iron and Dickin

son.

SEC. 26. The twenty-sixth circuit shall be composed of the Twentycounties of Alpena, Presque Isle and Montmorency.

sixth.

SEC. 27. The twenty-seventh circuit shall be composed of Twentythe counties of Mecosta and Newaygo.

seventh.

SEC. 28. The twenty-eighth circuit shall be composed of Twentythe counties of Kalkaska, Missaukee, Wexford and Benzie. eighth. SEC. 29. The twenty-ninth circuit shall be composed of the Twentycounties of Gratiot and Clinton.

ninth.

SEC. 30. The thirtieth circuit shall be composed of the Thirtieth. county of Ingham.

SEC. 31. The thirty-first circuit shall be composed of the Thirty-first. county of St. Clair.

SEC. 32. The thirty-second circuit shall be composed of the Thirty-second. counties of Gogebic and Ontonagon.

SEC. 33. The thirty-third circuit shall be composed of the Thirty-third. counties of Mackinac, Emmet and Cheboygan.

fourth.

SEC. 34. The thirty-fourth circuit shall be composed of the Thirtycounties of Arenac, Crawford, Gladwin, Ogemaw, Roscommon and Otsego.

SEC. 35. The thirty-fifth circuit shall be composed of the Thirty-fifth. counties of Shiawassee and Livingston.

SEC. 36. The thirty-sixth circuit shall be composed of the Thirty-sixth. counties of Van Buren and Cass.

SEC. 37. The thirty-seventh circuit shall be composed of Thirtythe county of Calhoun.

seventh.

SEC. 38. The thirty-eighth circuit shall be composed of the Thirtycounty of Monroe.

eighth.

Thirty-ninth.

Fortieth.

Must be attorney.

Third circuitDetroit.

Appointment of clerk.

Duties.

Salary.

Seventeenth

circuitKent.

Tenth circuitSaginaw.

Thirtieth circuit

Ingham.

Thirty-first
circuit-
St. Clair.

Laws, rules, terms, etc.

Powers, etc.
Quorum.

Questions

reserved for full court.

Sessions

together.

SEC. 39. The thirty-ninth circuit shall be composed of the county of Lenawee.

SEC. 39a.

The fortieth circuit shall be composed of the county of Lapeer.

Eligibility to Office of Circuit Judge.

SEC. 40. No person shall be eligible to the office of circuit judge in this State, unless he be a regularly licensed attorney and counselor, duly admitted to practice in all the courts in this State.

Additional Judges.

SEC. 41. There shall be six circuit judges for the third judicial circuit, in which the city of Detroit is situated.

SEC. 42. In any circuit where there are three or more judges the Governor of the State may upon the recommendation of said judges appoint a clerk who may be removed in like manner and his successor appointed. The business of said clerk shall be to render such assistance as said judges may require in arranging the business of said courts. He shall receive a salary of two thousand five hundred dollars per annum, to be paid in monthly installments by the county or counties composing the circuit.

SEC. 43. There shall be three circuit judges in the judicial circuit in which the county of Kent is, or may be situated, the same now being the seventeenth judicial circuit.

SEC. 44. There shall be two circuit judges in the judicial circuit in which the county of Saginaw is or may be situated, the same now being the tenth judicial circuit.

SEC. 45. There shall be two circuit judges in the judicial circuit in which the county of Ingham is, or may be situated, the same now being the thirtieth judicial circuit.

SEC. 46. There shall be two circuit judges in the judicial circuit in which the county of St. Clair is or may be situated, the same now being the thirty-first judicial circuit.

SEC. 47. In all judicial circuits where there is more than one circuit judge, except as otherwise provided by law, all the laws and rules of court, relative to circuit courts and the terms thereof, and the powers and duties of circuit judges shall apply to each of said judges, and the courts held by him.

SEC. 48. Each of said judges shall have equal co-ordinate powers and duties, and one of them shall constitute a quorum for the transaction of business.

SEC. 49. In circuits having more than two circuit judges, either of said judges may reserve for the decision of the full court any question of law arising before such judge, and it shall be the duty of the judges of said court to sit together on at least one day during each term and hear and decide upon such questions as may be so reserved.

SEC. 50. In circuits having more than two circuit judges, Concurrence when sitting together, a concurrence of a majority of such of majority. judges shall be sufficient.

SEC. 51. In all circuits where there are two judges they Business in may, if they shall deem the same necessary, sit together in joint session. the hearing of trials, or causes, or on all questions coming before them, and either may reserve for the consideration of the other, any question of law arising upon the trial, or hearing, or that otherwise may be submitted. When sitting together the findings, orders, rulings, decisions, judgments or decrees, shall be made by the judge to whom the cause was assigned, and the other shall be advisory only.

judge.

SEC. 52. In judicial circuits where there are more than Presiding two judges, the judges thereof shall from term to term designate one of their number to act as presiding judge, and in judicial circuits where there are only two judges, they shall alternate as presiding judge, either from term to term, or from year to year, as they may order.

of business.

SEC. 53. The presiding judge shall assign and apportion the Assignment business of the court during his term as such presiding judge, and each judge shall proceed to hear, try and dispose of the business so assigned to him with the same force and effect as if he was the only judge of said circuit, and subject to and with the power and authority conferred by all the rules of practice, and of law applicable to circuit courts having only one judge, and thereupon said judge may proceed with the trial or hearing or other business so assigned to him in the principal court room, or in a separate room attended by the Trial or clerk or one of his deputies, and by the sheriff, or one or more hearing. of his deputies, by a stenographer, and by jurymen not engaged in the trial of other causes, if it be a cause to be tried by a jury, and each judge, while so sitting for the transac- Powers of tion of business, shall have all the powers of any circuit judge single judge. sitting in any circuit court in this State, and the proceedings shall be regarded as proceedings of the circuit court had in open court and at a session of the said circuit court. If a sufficient number of jurymen shall not be in attendance upon the court, and not engaged on the trial of other causes, said judge may direct talesmen to be summoned as in other cases. Talesmen. The said judges may make rules from time to time, in rela- Rules. tion to the making up of the trial docket and as to the disposition of the business of the court, not inconsistent with any general laws of the State.

SEC. 54. In case of the absence, illness or inability from Absence, etc., other cause, of either judge to do any of the business assigned of judge. him, the same shall be done by one of the others.

proceedings.

SEC. 55. The record of the proceedings before each of the Record of judges shall be entered in the journal of the court in the usual manner, and said journals may for convenience, at the option of said judges, be kept in separate books, appropriately marked, and said records shall be verified by the signature