Judicial Department

( Originally Published 1883 )

Judicial Department—The legislative department makes laws and affixes penalties for their violation ; the judicial department applies these laws to individual cases, interprets-them, and imposes the penalties affixed for their violation. Laws made by the Legislature have for their object the "establishment of rights and the prohibition of wrongs," and it is the duty of the judicial department to see to it that individuals are protected in the enjoyment of these rights and that wrongs are redressed. Various tribunals are established for the administration of justice. These are called courts.

Courts.—The judicial power is vested in the following courts :--

1. Supreme Court,

2. Circuit Courts,

3. Probate Courts,

4. Justices' Courts,

5. Municipal Courts.

Some of these courts have limited powers, others have more extensive jurisdiction. Each court has a separate organization, each has well defined jurisdiction and powers, and each has fixed times and place for the transaction of business. All these courts have power to summon witnesses, to administer oaths, issue writs, and punish for contempt of court.

Each court has also its proper officers to aid it in the performance of its duties.

Definitions.—In order to properly understand the powers and duties of the various courts, it is necessary to have a clear understanding of what is meant by a civil or criminal action, and original or appellate jurisdiction.

Civil or Criminal Action.—A civil action has for its object the enforcement of the payment of a debt, or the payment of money as a compensation for an injury; a criminal action, the punishment of a person accused of having committed some -crime.

Jurisdiction.—A matter is said to be within the jurisdiction of a court, when it is within the limits of its authority, and it has the power to hear and determine the case. A court is -said to have original jurisdiction, when it has the authority to take the first steps in a suit, in other words, when a suit may commence there ; and appellate jurisdiction, when it has the power to hear and determine cases that are appealed from the judgment of an inferior court.

Justices' Courts.—In order that justice may be administered in the most convenient and expeditious manner, inferior courts, called Justices' Courts, are established in every township and city of the State. In these courts, persons accused of petty theft, drunkenness, breach of the peace, and various other minor offenses, are tried. Any criminal action, when the penalty is a short imprisonment or a small fine, and any civil action, when the debt or damages do not exceed one hundred dollars, must be brought before a Justice's Court. After a case has been tried in a Justice's Court, it may be appealed to a Circuit Court for a new trial. This is done when one of the parties in a suit is dissatisfied with the decision of a Justice's Court.

Justices of the Peace.—Justices of the Peace are elected for a term of four years. They issue writs and warrants, administer oaths, and have jurisdiction in offenses of minor importance. Usually four Justices of the Peace are elected in each township and city, one being elected each year.

A written instrument, issued by a court, commanding a person to do something therein mentioned, is called a writ. A writ issued by a Justice of the Peace, directing a Constable to arrest and bring before the court a person accused of having committed some offence, is called a warrant.

Constables.—Constables are obliged to obey all lawful orders of Justices of the Peace, Sheriffs, and Coroners. Their duties in a Justice's Court correspond, in a great measure, to the duties of a Sheriff in a Circuit Court. They serve the writs and orders of the court, and have the custody of prisoners. They attend upon the sessions of the Circuit Court, when notified to do so by the Sheriff.

Municipal Courts.—In large cities like Detroit, other courts are established in addition to the usual courts of justice These are called municipal courts. As cities increase in size and in population, there are greater opportunities for the commission of crime, and the dangerous classes naturally gravitate toward them, so that the frequency and variety of the offenses committed, demand the establishment of additional courts. Municipal courts are established by special act of the Legislature.

Detroit Courts.—In the city of Detroit, the following courts have jurisdiction of offenses committed within the limits of the city:—

1. Superior Court,

2. Recorder's Court,

3. Police Court,

4. Justice's Court.

The Superior Court has jurisdiction in civil cases, and the Recorder's Court in criminal cases, the same classes of actions being tried in these courts that are tried in a Circuit Court. The Police Court has the same jurisdiction in criminal matters, but not civil, that a Justice's Court has. It has, however, somewhat more extensive powers. Both the Superior and Recorder's Court have original jurisdiction only. A case can not be appealed from the Police Court or from a Justice's Court to either of them. The terms of the Circuit Court for the county of Wayne are held in Detroit.

Circuit Courts.—Circuit Courts have jurisdiction in grave offenses, whether civil or criminal. Offenses involving large sums of money, and crimes punishable by heavy fines or long imprisonment,• are tried before these courts. Cases tried in an inferior court, that is, a Justice's Court, may be carried to a Circuit Court for a second trial. Circuit Courts, therefore, have original jurisdiction in all matters which are beyond the jurisdiction of an inferior Court, and appellate jurisdiction in matters appealed from a lower court. They also exercise a general control over inferior courts.

Judicial Circuits.—The State is divided into twenty-four judicial circuits, in each of which a Circuit Judge is elected for six years. A circuit generally has within its limits two or more counties, and it is the duty of the Circuit Judge to hold at least two terms of the Court in each county annually.

In counties containing seven thousand inhabitants, not less than three terms in each year are held; in counties containing ten thousand inhabitants, four terms are required to be held annually.

Officers.—The officers of a Circuit Court are,—

1. Judge,

2. Circuit Court Commissioner,

3. Clerk,

4. Stenographer,

5. Prosecuting Attorney,

6. Sheriff, under sheriff, deputies,

7. Attorneys.

Judge.—The Circuit Judge presides at all sessions of the Circuit Court. He is the interpreter of the law. It is his duty to declare what the law is, and to impose penalties for its violation.

Circuit Court Commissioners.—Circuit Court Commissioners are authorized to perform all the duties and execute all the powers, in all civil cases, which a Circuit Judge may perform and execute out of court, subject, however, to certain limitations. They may, in other words, perform many of the duties that a Circuit Judge would be obliged to perform, if it were not for their assistance,

Testimony in a chancery suit may be taken by a Circuit Court Commis. sioner, and injunctions may also be granted by this officer,

Clerk.—The County Clerk is clerk of the Circuit Court. It is his duty to keep a journal of the proceedings of the court, preserve all books and papers belonging to the office, and administer oaths to witnesses and jurors.

Stenographer.—A Stenographer is one who is skilled in the art of writing in short-hand. Stenographers are appointed by the Governor on the application of the Circuit Judge, sanctioned by the Board of Supervisors. It is the duty of this officer to attend all sessions of the court, and take full reports of the testimony of witnesses and of all proceedings connected with the trial of every case.

The compensation of the Stenographer is determined by the Board of Supervisors. In Wayne county, the salary is two thousand dollars per annum.

Prosecuting Attorney.—The Prosecuting Attorney represents the county in all suits in which the county is interested or a party. It is his principal duty to prosecute, either in the Circuit Court or in a Justice's Court, all persons who have committed any crime within the county.

Sheriff:—The Sheriff attends all sessions of the Circuit Court when held in the county, preserves order in the court room, proclaims the opening and adjourning of the court, summons jurors and witnesses, has charge of prisoners and juries, carries out sentences of the court, and executes and serves all writs and orders of the court. He is aided in the performance of his duties by the under sheriff and deputies, and by constables.

When the Sheriff is an interested party in a suit, the Coroners perform his duties. If there is no Sheriff or under sheriff, one of the Coroners is designated by the Circuit Judge to perform the duties of Sheriff.

Attorneys.—An Attorney is one who is appointed by another to act in his place and transact any business for him. An Attorney at Law acts for another in a suit at law, he is an officer of a court of law, a lawyer, and is legally qualified to prosecute and defend all actions. Persons are licensed to practice in the several courts of the State,—

1. By the Supreme Court ;

2. By the Circuit Court.

All applicants are first examined, and if, on examination, they are found to possess sufficient legal ability to discharge the duties of an Attorney, they are admitted to practice in the courts of the State. When an applicant is a graduate of the law school of the University, he is admitted to practice without an examination.

1. The law requires that all applicants shall be of good moral character, and shall have arrived at the age of twenty-one.

2. It is the usual practice for the Judge of the Circuit Court to appoint a committee of three or more experienced lawyers, who examine the applicant in open court.

Probate Court.--A Probate Court is a court for the proving of wills. It has authority to determine whether a writing " purporting to be the last will of a person deceased is indeed his lawful act." When a person dies, the Judge of Probate appoints a day for the proving of the will, and if it is clearly proven that the deceased was of sound mind when the will was made, and that it was executed according to law, the judge takes the proper measures for the carrying out of the will. A Probate Court has "original jurisdiction in all matters relating to the settlement of the estates of deceased persons." It has the power to appoint guardians for minors, and to exercise general control over their estates. It may also appoint persons to settle the estates of those who die without making a will. A Probate Judge is elected in each county for a term of four years.

1. Probate comes from a Latin word, probare, which means to prove.

2. The proceedings in a Probate Court may be appealed to a Circuit Court.

A Will.—A will is a written declaration of the manner in which a person wishes his property to be disposed of after his death. It must be signed by the person who makes it, and by at least two competent witnesses.

Executor.—An executor is a person named in a will to see that it is carried into effect, and that the property is disposed of according to the direction of the person by whom the will is made.

Administrator.—lf a person dies without making a will, some one is appointed by the Judge of Probate to settle the estate, that is, pay what debts are due on the estate, and divide what remains among the legal heirs. The person thus appointed is called an administrator. If the person named as executor in a will dies, or is unable, for any reason, to act, the Judge has the power to appoint an administrator.

Codicil.—When an addition is made to a will, explaining its meaning or changing it in any way, it is called a codicil.

Supreme Court.—The Supreme Court is the highest judicial court in the State. It has a superintending control over all inferior courts, and it corrects all errors on questions of law referred to it by the Circuit Courts. When any party in a suit is dissatisfied with the ruling of a Circuit Judge on some law point, the decision of the Judge may be appealed to the Supreme Court, where it is reviewed and either corrected or sustained. In this way, greater uniformity is secured, in the administration of justice, in the various courts of the State.

1. The Supreme Court has power to prevent and correct abuses in the administration of justice in the various courts, and to discharge any person from custody who is unlawfully deprived of his liberty.

2. Four terms of the Supreme Court are annually held at the capital. They commence on the Tuesday after the first Monday in January, April, June, and October and are called the January, April, June, and October terms of the court.

Officers.—The officers of the Supreme Court are,—

1. Judges,

2. Clerk,

3. Reporter,

4. Attorney. General,

5. Crier,

6. Sheriff,

7. Attorneys.

Judges.—The. Supreme Court consists of one Chief Justice and three Associate Judges. Their term of office is eight years, one being elected every two years. The Judge whose term of office first expires, or, in other words, who has served as judge six years, becomes Chief Justice.1

1. When there is a vacancy in the office of Judge of the Supreme Court, it is filled by appointment of the Governor, until a successor is duly elected.

2. The annual salary of each Judge is four thousand dollars.

Clerk.—When the Supreme Court was first organized, its terms were annually held in four different places in the State ; afterwards they were held in two, Lansing and Detroit; and finally in one, Lansing. The Constitution then required that the County Clerk should be the clerk of the Supreme Court when it was held within the county, so that the Clerk of Ingham county, in which the city of Lan- . sing is situated, was the clerk of the court. The Constitution has since been so amended that the Supreme Court now appoints its own clerk. It is his duty to keep a record of the proceedings of the court, administer oaths, and have the care of all seals, books, and papers belonging to his office. He performs such other duties as are required of him by the court.

Reporter.—A Reporter is appointed by the court to attend all its sessions, and to prepare for publication its decisions, together with a brief statement of each case, and of the arguments of the counsel, when such a statement is necessary for a proper understanding of the decision. The decisions of the Supreme Court are printed and bound in volumes.

1. The Judges deliver to the Reporter full notes of their decisions.

2. The Reporter receives an annual salary of fifteen hundred dollars, and his expenses while attending the sessions of the court, also not to exceed six hundred dollars for clerk hire.

Attorney General.—The Attorney General is required to prosecute and defend all actions in the Supreme Court in which the State is interested or a party. He is the Attorney for the State.

Crier.—The Crier attends all sessions of the court and proclaims the opening and adjourning of the court. In a Circuit Court, this duty is performed by the Sheriff or one of his deputies. The Crier may also serve writs and orders, when so directed by the court.

The Crier receives two dollars a day while attending the sessions of the court, and when he serves writs and orders, he receives the same fees as the Sheriff.

Sheriff:—It is the duty of the Sheriff of the county where any term of the Supreme Court is held, to attend the court during its sessions, and either in person or by the under sheriff and deputies serve, when required, all writs and orders issued by the court. The Sheriff of Ingham county is now the Sheriff of the Supreme Court.

The Sheriff summons one or two Constables of his county to attend the sittings of the court.

Juries.—Juries are of two kinds :-

1. Grand juries,

2. Petit juries.

A petit jury in a Justice's Court consists of six persons ; in higher courts, of twelve persons. A grand jury consists of not less than sixteen persons, and generally of not more than twenty- three.

Grand Jury.—A grand jury is summoned for the purpose of deciding whether there is sufficient evidence against a person accused of crime to warrant his prosecution. The jury hears the accusation, listens to the testimony of witnesses against the person accused, and decides whether the accusation is sustained by the evidence. If at least twelve of the grand jurors believe that there is sufficient ground for a trial, a written accusation is presented to the court, called an indictment. The accused is than arrested and held for trial. In this State a grand jury is very seldom summoned. The usual practice is for a complaint to be made before a Justice of the Peace that a crime has been committed. The accused is then arrested, and if it is shown on examination that he is proba bly guilty, he is bound over to the Circuit Court for trial.

1. The grand jury elects a foreman, who acts as president, and a clerk. The Prosecuting Attorney meets with them to examine witnesses in the presence of the jury, and to give advice concerning points of law.

2. The principal objection to a grand jury is that it meets in secret, and it expresses its belief that a person is guilty of crime, without giving the accused a hearing. Subsequent acquittal does not always remove the unfavorable impression produced by twelve men, under oath, pronouncing a person to be a criminal. On the other band, a grand jury acts as a check upon the Prosecuting Attorney, and prevents him from unjustly prosecuting innocent persons for the supposed commission of crime.

Petit Jury.—A petit jury is a body of men selected for the purpose of deciding some controversy, or of determining the guilt or innocence of a person accused of crime. A grand jury decides whether the evidence against a person warrants his trial; a petit jury decides whether the accused is guilty or innocent of the crime alleged. The first only examines witnesses for the prosecution ; the second hears the testimony both for the prosecution and for the defense. A petit jury must unanimously agree on the guilt of a person, before sen tence can be passed upon him. After an accused person has been acquitted, he can not be tried again on the same charge.

Drawing of Jurors.—Lists of persons, competent to act as jurors, are prepared by the proper officers in 'each township and ward, in the county, and sent to the County Clerk. The names contained in these lists are written on separate slips of paper, and arranged in packages. A few days before the opening of the Circuit Court, the Clerk of the county, in a manner prescribed by law, draws the required number of petit jurors, and, if the court so orders, the names of twenty-three persons to act as grand, jurors. The Sheriff summons those whose names are drawn to attend court. If a person duly summoned, is not present at the court on the day specified in the summons, he is subject to a fine of twenty dollars for each day that he neglects to attend, unless he can show reasonable cause for his non-attendance.

1. Jurors in a Justice's Court receive one dollar per day; in a Circuit Court, two dollars per day.

2. The Supervisor and Clerk of each township prepare a list of persons within their township to act as jurors. The whole number selected in a county must not be less than one hundred and not exceed four hundred, one-half being designated as petit jurors and the other half as grand jurors.

3. State officers, judges, clerks of courts, registers of deeds, sheriffs and their deputies, coroners, constables, all officers of the United States, attorneys, officers of the University and of colleges, ministers, teachers, superintendents, engineers, collectors of canals and railroads, ferrymen, firemen, all persons more than sixty years of age, are exempt from serving as jurors. The court may excuse a person from serving as a juror, when the interests of the public or of the juror require his absence.

Notaries Public.—Notaries Public are appointed by the Governor with the advice and consent of the Senate. Their term of office is four years. They are authorized to administer oaths, to take sworn statements in writing, called affidavits, to take the proof and acknowledgment of deeds, mortgages, and other legal instruments, and to perform various other duties connected with commercial paper.

By commercial paper is meant notes, bills of exchange, and the like.

COURTS AND OFFICERS OF COURTS.

SUPREME COURT STATE.

Judges,

Clerk,

Reporter,

Attorney General,

Crier,

Sheriff,

Under Sheriff,

Deputies,

Attorneys.

CIRCUIT COURT DISTRICT

Judge,

Circuit Court Commissioners,

Clerk,

Stenographers,

Prosecuting Attorney,

Sheriff

Under Sheriff,

Deputies,

Attorneys.

PROBATE COURT COUNTY

Judge,

Register.

JUSTICE'S COURT. TOWNSHIP, CITY

Justice of the Peace,

Constables.

MUNICIPAL COURTS. DETROIT

Superior Court,

Recorder's Court,

Police Court,

Justices' Court.

JURIES

Grand Jury,

Petit Jury.

Notaries Public.