History of Detroit and Wayne County and early Michigan: A Chronological Cyclopedia of the Past and Present, Vol. I, Part 41

Author: Farmer, Silas, 1839-1902
Publication date: 1890
Publisher: Detroit, Pub. by S. Farmer & co., for Munsell & co., New York
Number of Pages: 1094


USA > Michigan > Wayne County > Detroit > History of Detroit and Wayne County and early Michigan: A Chronological Cyclopedia of the Past and Present, Vol. I > Part 41


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By Constitution of 1835, the clerk was appointed by the court, John Winder serving from 1836 to 1843, John Norvell in 1843, and A. Ten Eyck from


1843 to 1847. William Hale served in 1847, and Elisha Taylor in 1848 and 1849.


By Constitution of 1850, the county clerk of the county in which the court was held was made the clerk of the court. Under this provision from 1850 to 1857 the county clerks of Wayne, Kalamazoo, Lenawee, Oakland, and Ingham counties were the clerks of the court ; from 1857 to 1873, the county clerks of Wayne and Ingham counties ; from 1873 to 1882, the county clerk of Ingham, or his deputy, acted as the clerk.


Under amendment to the constitution adopted in 1881, the clerk is appointed by the judges, and on January 1, 1882, C. C. Hopkins, by appointment, entered upon the duties of the position.


The following is a list of the judges of the Su- preme Court of the State of Michigan :


1836-1839: Chief Justice Wm. A. Fletcher, of Sec- ond Circuit; Associates : Geo. Morell, of First Circuit; E. Ransom, of Third Circuit.


1839-1843: Chief Justice Wm. A. Fletcher, of Second Circuit ; Associates : Geo. Morell, of First Circuit; E. Ransom, of Third Circuit; C. W. Whipple, of Fourth Circuit.


1843; Chief Justice E. Ransom, of Third Circuit ; Associates : Geo. Morell, of First Circuit ; A. Felch, of Second Circuit ; C. W. Whipple, of Fourth Circuit.


1844-1846: Chief Justice E. Ransom, of Third Circuit ; Associates: D. Goodwin, of First Circuit ; A. Felch, of Second Circuit; C. W. Whipple, of Fourth Circuit.


1846: Chief Justice E. Ransom, of Third Circuit ; Associates : D. Goodwin, of First Circuit; W. Wing, of Second Circuit; C. W. Whipple, of Fourth Circuit.


1847: Chief Justice E. Ransom, of Third Circuit ; Associates : W. Wing, of First Circuit ; George Miles, of Second Circuit ; C. W. Whipple, of Fourth Circuit.


1848: Chief Justice C. W. Whipple, of Third Circuit ; Associates: W. Wing, of First Circuit ; Geo. Miles, of Second Circuit ; S. M. Green, of Fourth Circuit.


1849-1851 : Chief Justice C. W. Whipple, of Third Circuit; Associates: W. Wing, of First Circuit ; George Miles, of Second Circuit ; S. M. Green, of Fourth Circuit ; E. Mundy, of Fifth Circuit.


1851 : Chief Justice C. W. Whipple, of Third Circuit ; Associates. W. Wing, of First Circuit ; A. Pratt, of Second Circuit ; S. M. Green, of Fourth Circuit.


1852-1854: Chief Justice W. Wing, of First Circuit ; Associates : C. W. Whipple, of Second Cir- cuit ; S. T. Douglass, of Third Circuit ; D). John- son, of Fourth Circuit ; A. Pratt, of Fifth Cir- cuit ; J. T. Copeland, of Sixth Circuit ; S. M.


.


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SUPREME COURTS OF THE TERRITORY AND THE STATE.


Green, of Seventh Circuit ; Geo. Martin, of Eighth Circuit.


1854-1856: Chief Justice S. M. Green, of Seventh Circuit ; Associates : W. Wing, of First Circuit ; C. W. Whipple, of Second Circuit; S. T. Douglass, of Third Circuit ; D. Johnson, of Fourth Circuit ; A. Pratt, of Fifth Circuit ; J. T. Copeland, of Sixth Circuit; Geo. Martin, of Eighth Circuit.


1856: Chief Justice A. Pratt, of Fifth Circuit; Associates : W. Wing, of First Circuit; N. Bacon, of Second Circuit ; S. T. Douglass, of Third Circuit; D. Johnson, of Fourth Circuit ; J. T. Copeland, of Sixth Circuit ; S. M. Green, of Seventh Circuit ; Geo. Martin, of Eighth Circuit.


1857 : Chief Justice George Martin, of Eighth Cir- cuit ; Associates : B. F. Graves, of Fifth Circuit ; E. H. C. Wilson, of First Circuit; N. Bacon, of Second Circuit; * B. F. H. Witherell, of Third Circuit ; * E. Lawrence, of Fourth Circuit; J. T. Copeland, of Sixth Circuit; * Josiah Turner, of Seventh Circuit.


1858-1868 : Chief Justice George Martin; Associ- ates: Randolph Manning, I. P. Christiancy, J. V. Campbell.


1868-1870: Chief Justice T. M. Cooley, Associ- ates : I. P. Christiancy, J. V.Campbell, B. F. Graves.


1870-1872: Chief Justice J. V. Campbell; Asso- ciates : I. P Christiancy, B. F. Graves, T. M. Cooley.


1872-1874: Chief Justice I. P. Christiancy; As- sociates : B. F. Graves, T. M. Cooley, J. V. Campbell.


1874-1876: Chief Justice B. F. Graves; Asso- ciates : T. M. Cooley, J. V. Campbell, I. P. Chris- tiancy.


1876-1878: Chief Justice T. M. Cooley; Asso- ciates : Isaac Marston, J. V. Campbell, B. F. Graves.


1878-1880 : Chief Justice J. V. Campbell ; Asso- ciates : Isaac Marston, B. F. Graves, T. M. Cooley.


1880-1882: Chief Justice Isaac Marston ; Asso- ciates : B. F. Graves, T. M. Cooley, J. V. Campbell. 1882-1884: Chief Justice B. F. Graves; Asso- ciates : J. V. Campbell, T. M. Cooley, T. R. Sher- wood.


1885: Chief Justice T. M. Cooley, to October 1 ; from October 1, Allen B. Morse ; Associates : J. V. Campbell, T. R. Sherwood, J. W. Champlin.


1886-188S: Chief Justice J. V. Campbell; Asso- ciates : T. R. Sherwood, J. W. Champlin, A. B. Morse.


1888- : Chief Justice T. R. Sherwood ; Asso- ciates : J. W. Champlin, A. B. Morse, J. V. Camp- bell, C. D. Long.


The reporters of the Supreme Court have been as follows : 1843-1847, S. T. Douglass; 1847-1851, Randolph Manning; 1851-1858, G. C. Gibbs; 1858 -1864, T. M. Cooley ; 1864, E. W. Meddaugh ; 1865 -1870, W. Jennison; 1870-1872, H. K. Clarke; 1872 1878, Hoyt Post; 1878-1887, H. A. Chaney ; 1887- , William D. Fuller.


* Part of the year.


-


CHAPTER XXXII.


DISTRICT COURT .- ORPHANS' COURT .- PROBATE COURT .- COURT OF QUARTER SESSIONS .- COURT OF COMMON PLEAS .- COURT OF CHANCERY .- COUNTY COURTS .- CIRCUIT COURTS .- DISTRICT CRIMINAL COURT.


DISTRICT COURT.


DISTRICT Courts of the Territory of Michigan were established by law of July 25, 1805. The court for the district of Huron and Detroit was held at Detroit, beginning on the first Monday of May and third Monday in August in each year, and was presided over by one of the territorial judges. It had original jurisdiction in cases involving over twenty dollars, except as to cases exclusively vested in other courts.


By provisions of proclamation of July 3, 1805, the boundaries of the District of Detroit were as follows: "Beginning at the river Detroit on the boundary of the United States of America, five miles north of the position of the center of the citadel in the ancient town of Detroit; and shall run thence a due west line to the boundary of the Indian title, as established by the treaties of Fort McIntosh, of Fort Harmer, and Fort Greenville, thence with the same, ten miles, thence a due east line to the boundary of the United States.'


The court appointed listers, appraisers, collectors, and treasurers for the district, and it was their duty to assess and collect the territorial and county taxes.


The Court Journal for August 19, 1805, begins as follows :


On the nineteenth day of August, 1805, at eleven o'clock in the forenoon, in the grand square of the new city of Detroit, under a green bower, provided by the marshal of the Territory of Michigan for that purpose, a session for the District Court of Huron and Detroit was held, at which was present Frederick Bates, senior as- sociate judge of the Territory of Michigan. James May, marshal of the Territory of Michigan, opened the court in the following words : " Attention ! The District Court for Huron and Detroit District is now sitting. Silence commanded on pain of imprison- ment."


The green bower was ordered paid for on Octo- ber 7, 1805, the Governor and Judges, as a legisla- ture, voting "eight dollars in payment to Michael Monette and Valne, in laboring in the erection of a bower for the holding of a court."


By proclamation of March 21, 1806, the District of Detroit was newly defined, as including a strip of country six miles wide on the west bank of the river.


The people were not satisfied with the constitu-


tion of this court, and petitioned for a court such as they had had under the rule of the Northwest Ter- ritory, whose judges were in part taken from among business men who had not studied or practiced law. The petition was favorably received, and on April 2, 1807, a law was passed which provided that the governor should appoint one chief judge and two associates, with power to assess and collect money to defray court charges, with jurisdiction as to con- tracts, and differences between citizens and Indians. Under this law, George McDougall was appointed chief justice, with James Abbott and Jacob Visger as associate justices. Peter Audrain was clerk. In April, 1809, Robert Abbott was appointed in place of James Abbott, and at the same time, or soon after, Jacob Visger became chief justice, and John Whipple one of the associate justices.


This court met in the Council House in 1807, and existed until Sunday, September 16, 1810, when the jurisdiction of the justices was enlarged, and part of the powers of the District Court transferred to the justices and the rest to the Supreme Court.


ORPHANS' COURT.


This court was established by a law of Northwest Territory, on October 1, 1795. It was held by the justices composing the Court of General Quarter Sessions of the Peace, Its jurisdiction was similar to the present jurisdiction of a Probate Court, but more extensive, exercising a supervisory care over trustees and executors. The court was abolished in 1811, when the office of register of probate was created.


PROBATE COURT, OR COURT OF PROOFS.


Courts of Probate, or of Proof as they have also. been called, were first established for the Northwest Territory on August 30, 1788; they have existed in Detroit from the time of the first American occu- pation ; and there is on file in the Probate Office a statement of the first probate case ever passed upon in Wayne County. The estate at issue was that of Amos Weston, of which John Askin was appointed administrator in 1797. This was the only case for a whole year. The judges were


[180]


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COURT OF GENERAL QUARTER SESSIONS.


appointed by the governor until Michigan became a State, after which the office was made elective. The term is four years.


Under Michigan Territory a law of January 31, 1809, authorized the judge of probate to appoint a clerk or register. By Act of January 19, 1811, the court was reorganized, and the register was made the register of deeds. Further provisions concern- ing this court were made by Act of July 27, 1818. On March 27, 1820, the duty of registering deeds for Detroit was transferred to the city register, an office then first provided for.


By Act of January 29, 1835, the office of register of probate was abolished, and the duties of the office were transferred to the county register of deeds, provided for in the same Act. By Act of March 12, 1861, the office of register was revived. This officer is appointed by the judge, and his duties pertain to the keeping of the records of the office. Up to the passing of the law of February 15, 1859, the judge was paid by the fees of the office. Since then he has been paid a salary, which up to 1880 was $2,750.


By law of 1879 the salary, after January 1, 1881, was to be fixed by the Board of Auditors at not less than $2,500 nor more than $3,000. Law of April 29, 1881, fixed the salary at $3,500.


The probate judges have been as follows: Peter Audrain appointed 1796; George McDougall, ap- pointed 1809; Charles Larned, appointed November 26, 1818; W. W. Petit, appointed November 16, 1825; H. S. Cole, appointed May 3, 1826 ; J. W. Torrey, appointed December 26, 1829 ; Thos. Row- land, appointed July 20, 1833 ; B. F. H. Witherell, appointed March 7, 1834; Geo. E. Hand, appointed October 20, 1835. The following were elected under State law : 1837-1840, George A. O'Keefe ; 1840-1844, A. S. Williams ; 1844-1852, C. O'Flynn ; 1852-1856, Joseph H. Bagg; 1856-1860, Elijah Hawley, Jr .; 1860-1864, W. P. Yerkes; 1864-1868, H. W. Deare; 1868-1872, James D. Weir ; 1872- 1876, A. H. Wilkinson; 1876- , E. O. Durfee.


The registers of probate have been : 1811-1812, or later, H. H. Hickman; 1814-1816, George Mc- Dougall ; November 12, 1816, to September 12, 1821, Charles Larned ; September 12, 1821, to August 27, 1827, J. V. R. Ten Eyck ; August 28, 1827, to 1835, Felix Hinchman ; 1861-1865, John H. Kaple ; 1865- 1872, H. R. Nowland ; 1872, S. D. Craig; 1872- 1876, E. O. Durfee; 1876-1880, T. B. Jewell; 1880- , H. A. Flint.


COURT OF GENERAL QUARTER SESSIONS.


This court was created on August 23, 1788, and the first session in the Northwest Territory was on September 9 following. The law provided for ses- sions four times a year in each county, and gave the


court jurisdiction in cases of crimes and misdemean- ors where the penalties did not extend to forfeiture of life or goods, or imprisonment for over a year. The court also laid out townships, and appointed the overseers of the poor, the coroners, constables, and town clerks. It was composed of justices appointed by the governor. There was a session in Detroit as early as August 4, 1798, presided over by Louis Beaufait, James May, and Joseph Voyez.


At the term of June 2, 1801, the following justices were present : Jean M. Beaubien, Geo. McDougall, Jacob Visgar, Francis Navarre, and James Henry.


On March 2, 1802, the following persons sat as judges : Jean Marie Beaubien, James Henry, Jacob Visgar, and Chabert Joncaire. Under the govern- ment of Indiana Territory, in May, 1803, James May, Francis Navarre, Jean M. Beaubien, James Henry, Jacob Visgar, Chabert Joncaire, Antoine Dequindre, John Dodemead, and Wm. McDowell Scott were appointed justices of the Court of General Quarter Sessions for Wayne County.


On July 15, 1804, David Duncan and John Ander- son were appointed.


At a session of the court on Tuesday, December 4, 1804, Justices May, Navarre, Beaubien, Henry, Dequindre, Visgar, Dodemead, Joncaire, and Scott were present.


On November 25, 1817, under Michigan Territory, the Court of General Quarter Sessions was reorgan- ized to consist of the judges of the County Court and the justices of the peace. Sessions were to begin on the first Monday in March, June, Septem- ber, and December ; and three judges constituted a quorum. The chief business of the court at this time consisted in managing the finances of the county. George McDougall was appointed clerk of the court November 26, 1817, and in December of the same year a session was held at John McDon- nell's house. On May 30, 1818, the court was abolished, and its business transferred to the county commissioners. The records of the Court of General Quarter Sessions for June 6, 1805, show that Loudon, a black man, was sentenced to "receive thirty-nine lashes on his bare back, at five o'clock this after- noon."


An Act of the Governor and Judges, passed July 27, 1818, provided that any justice of the peace might order the whipping of "lewd, idle, or dis- orderly persons, stubborn servants, common drunk- ards, and those who neglect their families, with ten stripes, or the hiring of them out for three months at the best wages that can be secured, for the benefit of the poor fund." The first sale under this Act took place at auction about the middle of September, 1818, when twenty-eight shillings were paid for the services of one bad citizen. In the summer of 1821 the services of a drunken white


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COURT OF COMMON PLEAS-COURT OF CHANCERY.


vagabond were bought by a black man for ten days, for the sum of one dollar. The whipping was per- formed at the old market on Woodward Avenue below Jefferson. The law was repealed March 4, 1831.


COURT OF COMMON PLEAS.


A court thus designated existed under English rule; and a law of the Northwest Territory of August 23, 1788, provided for the holding of courts of this kind, to consist of not less than three or more than five persons, to be appointed by the governor. Two sessions a year were to be held in each county, with power to hear and determine all cases of a civil nature. A further law of November 6, 1790, pro- vided for four sessions a year. Under these laws the first American Court of Common Pleas for the Northwest Territory was opened at Marietta, Sep- tember 2, 1788; but no business was brought before it.


When this region came under American rule, several of the judges under English rule were con- tinued in office. In 1796 the court was constituted as follows: Louis Beaufait, senior justice; James May, Charles Francis Girardin, Patrick McNiff, and Nathan Williams, associate justices. About the same time Jonathan Schiefflin became one of the associate justices. One of the decisions rendered in September, 1797, directed that the "defendant should give to the plaintiff sixteen days' work with- out other pay than victuals." As late as 1799 Louis Beaufait was chief justice, and McNiff, May, and Girardin associate justices.


At a term of the court on June 8, 1801, there were present Justices May, McNiff, and Visger ; and at the March Term of 1802, May, Visger; Joncaire, and Henry presided. Peter Audrain was clerk. At the September and December sessions of 1802 the following names appear : Justices Henry, Joncaire, Visger, and McDougall.


The sessions of the court were generally held in the Dodemead house. The Territorial Records of Indiana show the appointment in May, 1803, of the following judges for Wayne County : James May, James Henry, Jacob Visger, Chabert Joncaire, John Dodemead, and Wm. McDowell Scott. The same records show that the following judges and justices were appointed on October 24, 1804 : James May, James Henry, Chabert Joncaire, Jacob Visger, John Dodemead, Wm. McDowell Scott, Francis Navarre, Jean Marie Beaubien, Antoine Dequindre, and John Anderson.


The court ceased to exist in 1805, when Michigan became a separate Territory.


COURT OF CHANCERY.


The law establishing this court took effect July 4, 1836; its object was to secure rights and afford


remedies for which no general law provided. Three . Chancery Courts were created; the counties of Wayne, Monroe, Oakland, Genesee, Saginaw, La- peer, Macomb, St. Clair, Mackinaw, and Chippewa comprised the first circuit. Sessions were to begin on the first Tuesday of February and third Tuesday of July, and were held in the old seminary building, on the site of the present City Hall. By the Revised Statutes of 1846, which took effect on March I, 1847, the court was abolished, and its business transferred to the several Circuit Courts, the circuit judges sitting, at stated times, as a Court of Chancery.


Elon Farnsworth was the first judge or chancellor of the court. He held the office until 1842, and was succeeded by Randolph Manning, who continued in office till the court was abolished. The clerks or registers of the court were : John Winder, 1836- 1843; Anthony Ten Eyck, 1843-1846; Wm. Hale, 1846-1847.


In 1838 provision was made for a reporter of chancery courts ; E. B. Harrington was appointed, and served until August, 1844, when he was suc- ceeded by Henry N. Walker.


The office of master in chancery was created by Act of June 30, 1818. The appointments were made by the governor, and the duties of the office were much the same as those of a circuit court com- missioner in chancery cases. These officers had power to make sales of property and to take testi- mony in cases referred to them. The office was abolished by the Constitution of 1850.


The following is a list of masters for Wayne County, with the earliest date on which they were appointed, some of them being appointed for many successive terms : June 22, 1818, W. W. Petit ; September 15, 1824, Robert Abbott; July 2, 1828, Chas. W. Whipple; March 7, 1834, Geo. E. Hand; March 18, 1837, James Churchman ; June 22, 1837, Henry N. Walker; December 30, 1837, Anthony Ten Eyck ; February 27, 1839, John B. Bispham ; March 26, 1839, E. J. Roberts; April 20, 1839, Humes S. Porter; December 12, 1839, Cal- vin C. Jackson ; March 21, 1840, Samuel Barstow, John S. Abbott, Samuel Pitts, Ebenezer B. Harring- ton ; March 31, 1840, Fisher A. Harding ; Febru- ary 12, 1841, John L. Talbot; March 4, 1841, James B. Watson, Henry T. Backus ; March 9, 1841, Walter W. Dalton; March 27, 1841, Lansing B. Mizner, Jeremiah Van Rensselaer ; February 14, 1842, Elisha Taylor ; February 9, 1843, Andrew Harvie, E. Smith Lee, Chas. Collins ; February 21, 1843, George G. Bull; March 7, 1843, Andrew T. McReynolds; March 9, 1843, S. Yorke At Lee, David W. Fisk ; April 21, 1843, Gideon B. Stevens ; January 26, 1844, Wm. T. Young; February I, 1844, George V. N. Lothrop ; February 12, 1844,


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Ebenezer H. Rogers; February 24, 1844, Garwood T. Sheldon, George Robb ; March 6, 1844, James V. Campbell, Michael E. Ames, Rodney D. Hill; February 28, 1845, John Watson, Fred. H. Harris; March 7, 1845, Thos. P. Watson; August 11, 1845, Albert Crane; February 7, 1846, Henry A. School- craft ; March 3, 1846, Levi Bishop ; April 13, 1846, Edwin A. Wales ; May 12, 1846, Samuel G. Watson, David A. A. Ensworth; February 21, 1849, Wm. Gray ; April 2, 1850, Sears Stevens.


COUNTY COURTS.


An Act of October 24, 1815, provided for the holding of a County Court at Detroit until the Ter- ritory should contain another county. By the Act one chief justice and two associates were to be appointed, and sessions of the court were to begin on the first Monday of January and third Monday of June. The court was to have exclusive cogni- zance of all offences not capital. A further Act of April 13, 1827, provided that sessions should begin on the third Monday in January and June. All sessions were held in the Council House.


By Act of April 15, 1833, the court was abolished, and the business transferred to the Circuit Courts. By Revised Statutes of 1846, these courts were revived, with jurisdiction in all civil and criminal actions when the amount in controversy was not over $500. The judges were elected for terms of four years each, and were to be paid by the fees received. The court was abolished by the Consti- tution of 1850.


The following is a complete list of the judges of the County Court. Prior to 1846 the date of the first appointment only of each judge is given, some of them being reappointed at subsequent dates :


James Abbott, chief justice, appointed October 9, 1815. Henry J. Hunt, associate justice, October 9, 1815. John R. Williams, associate justice, October 9, 1815. John McDonnell, associate justice, January 17, 1817. John L. Leib, chief justice, June 17, 1822. Wm. A. Fletcher, chief justice, March 25, 1823. B. F. H. Witherell, associate justice, May 23, 1823. Philip Lecuyer, associate justice, December 23, 1823. B. F. H. Witherell, chief justice, June 5, 1824. Melvin Dorr, associate justice, August 4, 1824. Wm. A. Fletcher, chief justice, December 31, 1824. Henry Chipman, chief justice, December 19, 1825. Asa M. Robinson, chief justice, December 28, 1826. Shubael Conant, associate justice, April 14, 1827. Daniel Le Roy, chief justice, January 18, 1828. Mel- vin Dorr, chief justice, June 26, 1828. Peter Desnoy- ers, associate justice, June 26, 1828. Henry M. Campbell, associate justice, January 18, 1828. John McDonnell, chief justice, January 13, 1830. Wm. Bartow, associate justice, January 14, 1830. Orville Cook, associate justice, July 28, 1830. Chas. Moran,


associate justice, March 4, 1831. James Williams, associate justice, March 4, 1831.


1846 to 1850: county judge, E. Smith Lee; sec- ond judge, Cyrus Howard. In 1850 B. F. H. With- erell was elected county judge and Cyrus Howard, second judge ; but the new constitution, which was adopted at the same election, discontinued the County Courts, and therefore these judges did not enter upon office.


Thos. Rowland was appointed clerk of the County Court on October 9, 1815. Under law of May 8, 1820, the offices of county clerk and clerk of the County Court were filled by the same person.


CIRCUIT COURTS.


The Act creating the Circuit Court of Wayne County was passed December 9, 1800. It provided for a court to be held in Wayne County, to begin the third Tuesday in May of each year. The chief duty of this court was to hear appeals from the Court of Common Pleas. The judge was to be ap- pointed by the governor. No record can be found of the appointment of judges, or the holding of a ses- sion of a court created by the Act.


By Act of April 13, 1827, provision was made, for the first time by Michigan Territory, for courts styled Circuit Courts. These were to be presided over by one of the judges of the Supreme Court of the Ter- ritory, and were given jurisdiction in civil cases when the amount involved exceeded $1,000. Under the Act the County of Wayne was made a circuit, and sessions of the court were to begin on the first Mon- day of January of each year.


By Act of March 26, 1836, State Circuit Courts were provided for, with jurisdiction practically the same as before. The State was divided into three circuits, and one of the Supreme Court judges was to preside in each circuit. The first circuit included the counties of Wayne, Macomb, St. Clair, Lapeer, Mackinaw, and Chippewa.


By Revised Statutes of 1838 the same counties, except Lapeer, were embraced in the first circuit. By law of March 25, 1840, the State was divided into four circuits, and Wayne County alone consti- tuted the first circuit. On April 30, 1848, the judges were authorized to divide the State into five circuits, and on April 8, 1851, the State was divided into eight circuits, Wayne County alone being made the third circuit. On February 12, 1853, the counties of Cheboygan and Emmet were added to the third circuit. By law of January 29, 1858, the counties of Wayne and Cheboygan became the third circuit, and on February 10, 1859, Emmet County was again added. On March 27, 1867, Cheboygan and Emmet Counties were detached, and Wayne County left as the third circuit ; since which time no change




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