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out sureties in the discretion of the Court, for their appearance at the County Court on the day of the trial of such defendant or defendants.

imposed upon

(3965.) SEC. 14. Any person convicted under the provisions What Fines to be of chapter ninety-four of the Revised Statutes of eighteen hun- conviction. dred and forty-six, of any offence mentioned therein, may be punished by a fine not exceeding one hundred dollars, or by imprisonment in the common jail of the county for a term not exceeding three months, or both, in the discretion of the Court.

SEC. 15. This act shall take effect from and after its passage.

CHAPTER CXIX.

OF CIRCUIT COURT COMMISSIONERS, ATTORNEYS AND OTHER

JUDICIAL OFFICERS.

SECTION

CIRCUIT COURT COMMISSIONERS.

8966. Circuit Court Commissioners to be elected; Their terms and powers.

3967. Must be Attorneys and Counsellors at Law. 3968. Official oath.

8969. General powers and duties.

3970. When Commissioners not to exercise

powers.

3971. Not to grant orders to stay proceedings in certain cases.

3972. Effect of order granted by a Circuit Court Commissioner to stay proceedings on Execution.

8973. Such order not to stay proceedings on
Execution against body unless Bond be
executed.

8974. Bond to be filed with Clerk.
3975. Order to state giving of Bond.
3976. Order made by Supreme Court not to be
affected by order of Commissioner.
3977. When subsequent application for order
not to be made, and order granted thereon
to be revoked.

8978. Person violating last Section, how pun-
ished.

3979. Commissioner not to act when partner interested.

SECTION

3980. Supreme Court authorized to make Rules
relating to granting orders, etc., by Com-
missioners.

3981. Circuit Court Commissioners may dis-
charge certain duties; Parties may stipu-
late to take testimony in Chancery before
a Justice.

3982. Suspension of Circuit Court Commissioner
for misconduct.

3983. Unfinished business before Masters in
Chancery may be transferred to Circuit
Court Commissioners.
8984. Notary Public may perform duties of Cir-
cuit Court Commissioner in certain cases.
3985. Official Bond and the filing thereof.
3986. Prosecution of Bond; Renewal of Bond.
3987. Vacancy how filled.

3988. Secretary of State to transmit certain Act
to County Clerks.

3989. Repeal of certain provisions, and of con.
travening acts.

3990. Circuit Court Commissioner to discharge
duties of Injunction Masters.
3991. Supreme Court to prescribe duties of Cir-
cuit Court Commissioners.

3992. Judge may change designation of Circuit
Court Commissioner.

SECTION

3993. Governor may appoint additional Circuit
Court Commissioner for Wayne County.
3994. Election of Circuit Court Commissioners in
Wayne County.

3995. When Notary may perform duties of Cir-
cuit Court Commissioner.

3996. Affidavit in such cases.

3997. When Commissioner, etc., shall become
disqualified or office vacant, proceedings
to be transferred.

3998. Vacancy in office of Circuit Court Commis-
sioner how filled.

3999. Pending proceedings to proceed before
new Commissioner.

4000. Recorder of Detroit to exercise powers of
Circuit Court Commissioner.

4001. And receive same fees.

CLERKS OF COURTS.

4002. Oath and Bond of Clerk of Supreme Court.
4003. Who may administer oath.
4004. Clerk to officiate at each Term.

4005. Clerk to have custody of Books, Seals, etc.
4006. Deputy Clerks.

4007. When Deputy to perform duties of Clerk.
4008. Clerks of Circuit Courts.
4009. Clerks to provide books.

ATTORNEYS, SOLICITORS AND COUNSELLORS.
4010. No person to practice as Attorney, etc.,
unless approved and admitted.

4011. Supreme Court may grant license upon

examination.

4012. Oath of office.

4013, 4030. Person licensed in Supreme Court
may practice in all Courts in this

State.

4014. Supreme and Circuit Courts may license
Attorney to practice as Solicitor.

4015. Tenure of office.

4016. For what causes Attorney, etc., may be
removed or suspended.

4017. Effect of removal or suspension by Su-
preme Court.

4018. Party to be notified to appoint another
Attorney, etc., in certain cases.

SECTION

4019. Deceit or collusion by Attorney, etc., how punished.

4020. Attorney, etc., delaying suit, etc., liable
in treble damages.

4021. Liability of Attorney, etc., for permitting
process to be made out in his name.
4022. Attorney, etc., not to buy claims for pur-
pose of suing.

4023. Attorney, etc., not to advance money,
etc., for certain purposes.

4024. Penalty for violating two last Sections.
4025. Three preceding Sections qualified.
4026. Notice by Defendant that demand was
bought and sold contrary to Law.
4027. Defendant may require Plaintiff or his At-
torney to testify.

4028. Defendant may cause Plaintiff, etc., to be
Summoned as Witnesses.

4029. Evidence not to be admitted in criminal prosecution.

4031. Certain Sections repealed.

4032. Who may be licensed as Attorneys by Circuit Courts, and how.

STATE REPORTER.

4033. State Reporter how appointed.
4034. Oath of office.

4035. Justices of Supreme Court to deliver notes
of decisions to Reporter.

4036. Reporter to prepare decisions for publication.

4037. Publication of Reports.

4038. Two hundred copies to be deposited with
Secretary of State and distributed.
4039. Reports may be exchanged for other
works for use of Supreme Court.
4040. Residue of Reports to be offered for sale.
4041. Reporter may exchange for other Reports
4042. Salary of Reporter, etc.

4043. Bond to be filed by Reporter before war-
rant drawn.

4044. Reporter to attend Terms of Supreme Court.

4045. To receive and make copies of written opinions.

4046. Actual expenses to be paid.

Circuit Court

Commissioners to be elected.

Their terms and powers.

From Chapter Ninety-Five of Revised Statutes of 1846.

CIRCUIT COURT COMMISSIONERS.

(3966.) SECTION 1. There shall be elected at the general election to be held in the year eighteen hundred and fifty-two, and every two years thereafter, one Circuit Court Commissioner in each of the organized Counties of this State, who shall enter upon the discharge of their official duties on the first day of January succeeding their election, and hold their

offices two years, and be vested with judicial powers not exceeding those of a Judge of the Circuit Court at chambers. (a) (3967.) SEC. 2. No person shall be elected a Circuit Court Must be Attor Commissioner unless he be at the time an Attorney and Coun- sellors at Law. sellor at law of the Supreme Court. (b)

neys and Coun

(3968.) SEC. 3. Every Circuit Court Commissioner, before Official Oath. he shall enter upon the duties of his office, shall take and subscribe the oath of office prescribed by the Constitution of this State, before some Judge or Clerk of a Court of Record, and transmit the same to the Secretary of State, to be filed in his office. (c)

and duties.

(3969.) SEC. 4. Circuit Court Commissioners appointed and General powers qualified according to law, shall severally be authorized and required to perform all the duties, and to execute every act, power and trust, which a Justice of the Supreme Court may perform and execute out of Court, according to the rules and practice of such Court, and pursuant to the provisions of any statute, in all civil cases, except as herein otherwise provided.

sioners not to ex

(3970.) SEC. 5. But when any power is given in express when Commisterms by any statute, to the Justices of the Supreme Court, ercise power. without naming Circuit Court Commissioners or officers authorized to perform the duties of Justices of the Supreme Court at chambers in such statute, such Commissioners shall not be authorized to exercise any such power.

to stay pro

tain cases.

(3971.) SEC. 6. No Circuit Court Commissioner shall be Not to grant or authorized to grant any order to stay proceedings before judg-ceedings in cerment in any cause in which a verdict shall have been rendered; nor any order to stay proceedings on any capias ad respondendum.

missioner, to stay

(3972.) SEC. 7. When an execution shall have been issued, Effect of order an order to stay proceedings thereon, granted by a Circuit cuit Court ComCourt Commissioner, shall not prevent a levy on property by proceedings en virtue of such execution; but shall only suspend a sale thereon, until the decision of the proper Court upon the matter.

execution.

stay proceedings against body

(3973.) SEC. 8. Nor shall any such Commissioner grant any Such order not to order to stay proceedings on any execution against the body on execution of a defendant, unless such defendant shall have executed to unless Bond be the plaintiff, and delivered to such Commissioner, a bond for the use of such plaintiff, in a penalty double the amount re

executed, etc.

Took

(a) (b) (c) As Amended by "An Act to Amend Sections one, two and three of Chapter ninety. five of the Revised Statutes of eighteen hundred and forty-six." Approved April 8, 1851. effect July 8, 1851. Laws of 1851, p. 209.

Bond to be filed with Clerk, etc.

Order to state giving of Bond.

Order made by
Supreme Court

not to be affected

quired to be collected by such execution, with two sufficient sureties, who shall swear that they are each worth the amount of such penalty, over and above all debts; conditioned that such defendant shall be found within the county to which such execution was directed, so as to be arrested upon any execu tion that may be issued against his body upon the same judg ment, within six months from the date of such bond.

(3974.) SEC. 9. Such bond shall be filed by the Commissioner, in the office of a Clerk of the Court from which such execution shall have issued, within twenty days after the same shall have been taken; and shall be delivered by such Clerk to the person in whose favor the execution was issued, whenever the condition thereof shall be broken.

(3975.) SEC. 10. In every order to stay proceedings on an execution against the body, the fact of a bond having been given according to law, shall be stated; and if not so stated, such order shall be void.

(3976.) SEC. 11. When the Supreme Court shall have made by order of Com- any order in reference to a matter, such order shall not be suspended, or in any manner affected, by any order granted by a Circuit Court Commissioner.

missioner.

When subse

quent application

be made, and

thereon to be re-
voked.
1850, p. 306, Sec.
8.

(3977.) SEC. 12. If an application for any order be made to for order not to any Justice of the Supreme Court, or Circuit Court Commisorder granted sioner, and such order be refused, in whole or in part, or be granted conditionally, or on terms, no subsequent application in reference to the same matter, and in the same stage of the proceedings, shall be made to any other Circuit Court Commissioner; and if, upon a subsequent application, any order be made by a Circuit Court Commissioner, it shall be revoked by such Commissioner, or by any Justice of the Supreme Court, upon due proof of the facts.

Person violating last section, how punished.

Commissioner not

to act when

ested.

(3978.) SEC. 13. Every person making such subsequent application contrary to the foregoing provisions, with knowledge of any previous application and refusal, shall be liable to be punished by fine and imprisonment by the Court in which such matter may be pending.

(3979.) SEC. 14. No Circuit Court Commissioner having a partner inter-law partner in whose name the business of the copártnership shall be carried on, shall be competent to perform any act authorized in this chapter, in any suit or proceeding in which such partner shall be in anywise interested.

Supreme Court authorized to

(3980.) SEC. 15. The Supreme Court shall have power, by make rules rela- general rules, to prescribe any other cases in which Circuit

orders etc., by

Court Commissioners shall not be authorized to grant any ting to granting orders in relation to suits, and to prescribe the terms and con- Commissioners. ditions upon which orders may be granted, in any specified class of cases; and also by order in any particular case, to forbid the interference of any such Commissioner.

An Act to Provide for the Discharge of the Duties heretofore Performed by Masters in Chancery.

[Approved March 10th, 1851. Laws of 1851, p. 23.]

Commissioners

certain duties.

(3981.) SECTION 1. The People of the State of Michigan enact, Circuit Court That from and after the passage of this act, the several Circuit may discharge Court Commissioners shall, within their respective counties, be competent to discharge all such duties as have heretofore been performed by Masters in Chancery in this State, according to the practice in Chancery proceedings, and all such other powers as shall be conferred upon them by the several Circuit Courts according to law, and shall be amenable to the Circuit Courts within the jurisdiction and under the orders of which respectively they may act: Provided, however, That testimony to be used before any Circuit Court in Chancery may be taken Parties may stipbefore a Justice of the Peace, if the parties interested, their timony in Chanagents or attorneys, shall enter into a stipulation to that effect Justice. in writing, and file the same with the clerk of the proper county.

ulate to take tes

cery before

Circuit Court

for misconduct.

(3982.) SEC. 2. Any Circuit Court Commissioner may be Suspension of suspended by the Circuit Judge of his county, from the exer-commissioner cise of the powers and duties of his office, in cases of misconduct therein, after due notice and a full opportunity of making his defence shall have been given him; and the Circuit Judge of the county shall immediately report such suspension, with the reasons therefor, to the Governor, who may remove him from office.

ness before

cery may be Circuit Court

(3983.) SEC. 3. In all cases wherein, since the passage of Unfinished bustthis law, any reference or matter of business whatsoever was Master in Chanpending and unfinished before any Master in Chancery of this transferred to State, under a decree or order in Chancery, or of any Court Commissioner. according to law, such Court may, by a special order, authorize the transfer of such reference or matter of business to either of the Circuit Court Commissioners of the proper county, who shall proceed in the completion and determination of such matters so transferred, and whose acts in the premises shall be as legal and valid as if the matter had been commenced and wholly proceeded with before such Circuit Court Commissioner.

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