been prevented from perfecting the same by circumstances.

not under his control.

to try

SEC. 11. When such certified copy shall have been filed in Circuit court the circuit court, with the evidence of filing the requisite question. bond, and of giving notice as aforesaid, such court shall proceed to the trial and determination of the question according to the rules of law; and if there shall be any question of fact to be decided, issue may be joined thereon, under the direction of the court, and a trial thereof had by jury.

court may

SEC. 12. If any person aggrieved by any act of the judge of When circuit probate, or by the determination of commissioners on claims, allow appeal. shall from any cause, without default on his part, have omitted to claim or prosecute his appeal according to law, the circuit court, if it shall appear that justice requires a revision of the case, may, on the petition of the party aggrieved, and upon such terms as it shall deem reasonable, allow an appeal to be taken and prosecuted with the same effect as if it had been done seasonably.

SEC. 13. No such appeal as provided in the preceding sec- When appeal tion shall be allowed without due notice to the party ad not allowed. versely interested, nor unless the petition therefor shall be filed within one year after the making of the decree or order complained of, and then such appeal shall not be allowed if the debts of said estate have been paid, or the estate distributed to the persons entitled thereto in due course of law.

petitioner was

States.

SEC. 14. If the petitioner shall be without the United When States at the time of passing the decree or order, or making without the determination, he may file his petition within three months United after his return, provided it be done within two years after the act complained of; but no such petition shall be allowed after the payment of the debts of the estate and the distribu tion thereof to the parties entitled thereto by due course of law.

special ad

SEC. 15. After an appeal is claimed and notice thereof Stay of given at the probate office, all further proceedings in pur- by appeal. proceedings suance of the sentence, order, decree, or denial appealed from shall cease until the appeal shall be determined: Provided, Proviso, That when an appeal is taken from a decree admitting or ministrator. denying probate of a will, the probate court may appoint one or more special administrators to take charge of and protect the estate, with such powers, not exceeding those of a general administrator, as the said probate court may deem necessary, and by order may confer in the particular case.

husband,

appeal.

SEC. 16. The husband, wife or next of kin of any person When under guardianship, may appeal from any order of the pro- wife or next of bate court or the circuit court in chancery, allowing the ac- kin may count of the guardian or guardians of such person under guardianship or any other order of such courts directing or sanctioning any action of such guardian affecting the estate of such person under guardianship, upon the same terms and conditions as are or may be provided by statute for appeals from other orders of such courts, such appellant being hereby

Surety on bond may support or oppose account of

executor, etc.

When decree

to be affirmed.

Powers of

circuit court on appeal.

Costs.

Execution for costs.

authorized to prosecute such appeal in any court into which said proceedings may be removed the same as any other person appealing.

SEC. 17. Any surety on the bond given by any executor, administrator, guardian or trustee and filed in any probate court of this State may appear in such court in support of or in opposition to the allowance of the account of such executor, administrator, guardian or trustee and may appeal from the final decree of such court thereon when aggrieved by such decree, and prosecute such appeal to effect.

SEC. 18. If the appellant shall fail to prosecute his appeal with reasonable diligence, the circuit court, upon evidence that such appeal was taken, and on the motion of any person interested in the case, shall affirm the decree or act appealed from, and may allow costs against the appellant. SEC. 19. The circuit court may reverse or affirm, in whole or in part the sentence or act appealed from, and may make such order or decree thereon as the judge of probate ought to have made, and may remit the case to the probate court for further proceedings, or may take any other order therein, as law and justice shall require.

SEC. 20. In all cases that shall be contested, either in the probate court or in the circuit court, such court may award costs to either party, in its discretion, to be paid by the other, or to be paid out of the estate which is the subject of the controversy, as justice and equity shall require.

SEC. 21. When costs are awarded to one party to be paid by the other, the said courts, respectively, may issue execution therefor, in like manner as is practiced in the circuit courts in other cases.

Jurisdiction in civil cases.

Proviso,

where not to hold court.

CHAPTER LXVI.

Of the Jurisdiction, Powers and Duties of Justices of the
Peace.

SECTION 1. Every justice of the peace elected in any township or city of this State and duly qualified, according to law. shall have original jurisdiction of all civil actions, including actions for the recovery of penalties and forfeitures wherein the debt or damages do not exceed the sum of one hundred dollars, and concurrent jurisdiction in all civil actions upon contract, express or implied, wherein the debt or damages do not exceed three hundred dollars, except as provided in section four of this chapter, and to hear, try and determine the same according to law: Provided, That no justice of the peace shall hold court or try any cause, civil or criminal, in any other township or city than that in which he was elected and qualified, except in cases where special provision is otherwise made by law.

SEC. 2. Justices of the peace shall have jurisdiction in all Jurisdiction against school cases of assumpsit, trespass on the case and replevin against districts. school districts, when the amount claimed, or matter in controversy shall not exceed one hundred dollars; and the parties shall have the same right of appeal as in other cases.

powers.

SEC. 3. Justices' courts are hereby vested with all such General powers, for the purpose of exercising jurisdiction conferred by this chapter, as are usual in courts of record, except the power of setting aside a verdict and arresting judgment thereon.

shall not take

SEC. 4. No justice of the peace shall have cognizance of When justice real actions, actions for a disturbance of a right of way or cognizance. other easement, actions for libel or slander, malicious prosecution or false imprisonment, and actions against executors or administrators as such, except in the cases specially provided by law, nor where the title to real estate shall come in question, except as hereinafter mentioned; nor actions against life insurance companies, cooperative and mutual benefit associations, fraternal beneficiary societies, for any liability arising out of any policy or benefit certificate contract; nor against municipal corporations, except in cases especially provided for by law: Provided, That justices of the peace may Proviso, have jurisdiction in actions for damages resulting from ob- to highways. structions to highways, subject to the restrictions prescribed in section one of this chapter.

obstructions

against

SEC. 5. All actions against corporations, except as other Actions wise provided, shall be cognizable before a justice of the peace corporations. in like manner and with the like restrictions as the same are or may be by law before a justice of the peace when brought against an individual.

favor of

SEC. 6. Any action in favor of a county, which, if prose- Actions in cuted by an individual, could be prosecuted before a justice county. of the peace, may be prosecuted by such county in like manner before any such justice.

SEC. 7. Whenever any cause of action shall accrue to any Assumpsit person, by reason of a breach of the condition of any bond, on bond. where the amount of damages claimed does not exceed the jurisdiction of any justice's court in actions upon a contract, an action of assumpsit may be brought on such bond in such justice's court, and the recovery therefor shall not be a bar to a subsequent suit for further breaches of the condition of such bond.

has no juris

SEC. 8. No justice shall take cognizance of any cause, or When justice do any judicial act when he shall be related within the diction. fourth degree of affinity or consanguinity to either party in any such matter, or shall have been of counsel, or shall be directly or indirectly interested in such cause or matter, or when he shall be related within the third degree of consanguinity to either of the attorneys, counselors or agents of either party to said cause, unless the parties interested in such cause, or their agents or attorneys, shall, with full

No court to be

held in

bar room.

Where actions to be brought.

Proviso, in Wayne county.

Absconding defendant.

Forms of action.

knowledge of such disability, expressly consent that such justice may take cognizance of such cause or do such act.

SEC. 9. No justice of the peace shall hold any court in any bar room, or any other place where any intoxicating liquors shall be sold.

SEC. 10. Every action commenced in such court shall be brought before some justice of the peace of the city or township where:

1. The plaintiffs or any of them reside; or

2. Where the defendants or any of them reside; or

3. Before some justice of another township or city, in the same county, next adjoining the residence of the plaintiff or defendant or one of the plaintiffs or defendants: Provided, however, That no justice of the peace of any of the townships in the county of Wayne shall have jurisdiction over any cause or proceeding, where both parties to the same or one or more of the plaintiffs and one or more of the defendants reside in the city of Detroit at the time of the commencement of the proceeding or cause, nor in case where the original cause of action existed in favor of a plaintiff and against a defendant, both residents of said city, and has been assigned to a non-resident of said city; or

4. Before some justice of a city in the same county, formed from a township or townships next adjoining the residence of the plaintiff or defendant, or one of the plaintiffs or defendants; or

5. Where the defendant is a foreign corporation, if ser vice of process cannot be had in the county of the plaintiff's residence, suit may be brought before any justice of the peace of any county in which service of process may be had.

SEC. 11. But if a defendant shall have absconded from his residence, or shall have been continuously absent therefrom for the period of ninety days, such action may be brought before any justice of the township or city in which such defendant or his property may be; and if the plaintiff's be all non-residents of the county, or if the defendant be a non-resident of the county, then such action may be brought before any justice of the township or city where such plaintiff's or defendants, or either of them, may be.

SEC. 12. The provisions of section one of chapter eleven of this act, relating to forms of actions, shall be applicable in justice's court, so far as such courts have jurisdiction of such actions.

CHAPTER LXVII.

Of Commencement of Suits and Service of Process in

Justices' Courts.

SECTION 1. Any justice of the peace may, either before or security after the issuing of any process, in his discretion, require for costs. security of the plaintiff for any costs which may be adjudged against him in any action, and the person becoming such security shall sign an undertaking, in writing, to that effect, upon the docket of said justice, or he may sign a separate undertaking which shall be filed with the justice, and in all cases, except as provided in the following section, the court. shall require plaintiff's who are not residents of the county in which the suit is brought, to give such security upon demand therefor by the defendant; and if any plaintiff, after commencing an action in the county in which he resides, shall remove from said county, the justice shall require such plaintiff to give security for all costs which have accrued and may accrue in the action, and if a judgment be rendered against the plaintiff in any case for costs, an execution may issue against said plaintiff and the person becoming security for said costs; and in case the defendant recover against said plaintiff any sum besides costs a separate execution may issue for the collection of the same.

personal work

SEC. 2. In any suit brought to recover for the personal Suits for work and labor of the plaintiff, security for costs shall not and labor. be ordered in case the plaintiff shall make and file with the court an affidavit that he has a good and meritorious cause of action and is unable to procure security for costs.

instituted.

SEC. 3. Suits may be instituted before a justice, either by Suits, how the voluntary appearance of the parties or by process; and when by process, it shall be either a summons, a warrant, an attachment, or writ of replevin; but no process shall contain the names of the defendants in more than one action.

SEC. 4. All process issued by a justice of the peace shall Process to be signed. be signed by him, and may be under seal or without seal. It shall not be necessary in any process to recite any of the contents or conditions of any bond or affidavit required to be Unnecessary made or filed before the issue of such process, but in any case the statement in such process, that such affidavit or bond has been made or filed, shall be sufficient.

to recite bond.

summonses,

etc.

SEC. 5. In all justices' courts in this State authorized by Justice clerk law to appoint or elect a clerk, the name of the justice of the guy peace presiding over such court may be written upon all summonses, garnishee summonses, and subpoenas in the following form:

The clerks or the deputy clerks of said courts are hereby au- Authority.