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 busithis 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. Notary Public may perform du (3984.) SEC. 4. Whenever there shall be no Circuit Court ties of Circuit Commissioner in any county, or no Circuit Court Commissioner Court Com mis cases. See Sec. 3995. sioner in certain in such county who is not Solicitor or Counsel in any suit or matter, or otherwise interested, or unable to act in such suit or matter, upon a sufficient showing of such absence, interest or disability, the Circuit Judge of the county may, by special order, authorize any Notary Public of the county, being an Attorney at law, to perform the required duties in all things concerning such suit or matter. Official Bond, and the filing thereof. Bond. (3985.) SEC. 5. Each Circuit Court Commissioner, before entering on the performance of the duties by this act prescribed, and within ten days after he shall have been officially notified of the passage thereof, shall execute a bond to the People of this State, with sufficient surety or sureties, to be approved by the Circuit Judge, or Clerk of his county, conditioned for the faithful performance of the duties required of him by this act, in the penal sum of not less than three thousand, and not more than five thousand dollars, in the discretion of the Circuit Judge or County Clerk by whom the same may be approved. Said bond, when approved, shall be filed with the County Clerk of the proper county. Prosecution of (3986.) SEC. 6. If any such bond shall become forfeited by a breach of its conditions, the Circuit Judge of his county shall direct it to be prosecuted, and the moneys recovered shall be applied, under the direction of the Court, for the indemnity of the persons injured by such breach, in proportion to the Renewal of Bond. amount of their respective losses. Any Circuit Court Commissioner shall renew his bond whenever required so to do by the Circuit Judge of his county. Vacancy how filled. Secretary of State to transmit cer to Clerks. (3987.) SEC. 7. If a vacancy occur in the office of Circuit Court Commissioner, by death, resignation, removal from office, ceasing to reside in the proper county, conviction of an infamous crime, or refusal or neglect to deposit the bond prescribed in this act, the Governor may fill such vacancy for the remainder of the unexpired term. (3988.) SEC. 8. It shall be the duty of the Secretary of State, tain Act to Coun- immediately after the passage of this act, to transmit to each of the County Clerks and Circuit Court Commissioners of the State a copy thereof, which shall be an official notification of the provisions of the same. Repeal of certain provisions, and of (3989.) SEC. 9. That all from section forty-eight to section contravening fifty-eight, both inclusive, of chapter ninety-five, title twentyone, of the Revised Statutes of eighteen hundred and forty-six, Acta. and all acts and parts of acts contravening the provisions of this act, be, and the same are hereby repealed. SEC. 10. This act shall take effect and be in force from and after its passage. An Act to Provide for the Discharge of the Duties heretofore Performed by Injunction Masters. [Approved June 27, 1851. Laws of 1851, p. 277.] Commissioners to of Injunction Mas (3990.) SECTION 1. The People of the State of Michigan enact, Circuit Court That the Judges of the several Circuit Courts shall, in the discharge duties month of January next, designate a Circuit Court Commis- ters. sioner in each county within their respective circuits, which Circuit Court Commissioner shall be authorized and empowered to do and perform within their respective counties, all the duties heretofore performed by Injunction Masters, under such restrictions and regulations as the Supreme Court may prescribe. prescribe duties Commissioners, (3991.) SEC. 2. It shall be the duty of the Supreme Court, Supreme Court to at its first session in January next, to define and prescribe the of Circuit Court duties and powers of Circuit Court Commissioners under this etc. act, and cause the same, together with the names of the Commissioners, designated as above provided, to be published in some newspaper in the City of Detroit, and the name of each Circuit Court Commissioner designated, to be published in a newspaper in the proper county. may change designa Court Commis (3992.) SEC. 3. Each Judge shall have the power to change Judg such designation of a Circuit Court Commissioner for the tion of Circuit purposes aforesaid, and to designate another in his stead, and sioner. shall make a new designation whenever the term of office of any Commissioner may expire, or the office become vacant, which designation shall be published as aforesaid. (d) SEC. 4. This act shall take effect on the first Monday of January next. An Act to Provide for an Additional Circuit Court Commissioner for the County of Wayne. [Approved February 14, 1853. Laws of 1853, p. 119.] appoint an addi (3993.) SECTION 1. The People of the State of Michigan enact, Governor may That the Governor may appoint an additional Circuit Court ditional Circuit Commissioner for the county of Wayne, who shall hold his Court Com (d) As Amended by Act 120 of 1857. Laws of 1857, p. 271 missioner for office until the first day of January, A. D. one thousand eight. Wayne County. hundred and fifty-five, and shall be authorized and required to discharge all the legal duties of Circuit Court Commissioner, and shall be liable to all the provisions of law touching said office. Election of Circuit County. (3994.) SEC. 2. There shall be elected at the general election sioners in Wayne to be held in the county of Wayne, in the year eighteen hundred and fifty-four, and every two years thereafter, two Circuit Court Commissioners for said county, 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. SEC. 3. This act shall take effect immediately. When Notary may perform du Court Com mis- An Act to Provide for the Discharge of certain Duties required to be Performed by Circuit [Approved February 14, 1853. Laws of 1853, p. 125.] (3995.) SECTION 1. The People of the State of Michigan enact, ties of Circuit That in all cases where, by the laws of this State, any duties are required to be performed by a Circuit Court Commissioner of the proper county, if such Circuit Court Commissioner be Attorney, Solicitor or counsel in such suit or matter, or be a party thereto, or otherwise interested or unable to act, or incapable of acting therein, such duties may be performed by a Notary Public of such county, being an Attorney of the Supreme Court of this State; or if there be no such Notary Public in such county, then such duties may be performed by a Circuit Court Commissioner of an adjoining county. (e) Affidavit in such cases. (3996.) SEC. 2. Before such Notary Public, or any Circuit Court Commissioner of any adjoining county, shall perform any of the duties contemplated by the preceding section, he shall be satisfied by affidavit or other competent proof, that the Circuit Court Commissioner of the proper county is Attorney, Solicitor or counsel in such suit or matter, or is a party thereto, or otherwise interested, or unable to act, or incapable of acting therein; and such proof shall in all cases accompany the acts and form a part of the proceedings of such officer. (e) As Amended by "An Act to amend an Act, entitled, an Act to provide for the discharge of certain duties required to be performed by Circuit Court Commissioners, approved February fourteenth, eighteen hundred and fifty-three." Approved and took effect February 16, 1857. Laws of 1857, p. 400. sioner, etc., shall fied, or office va to be transferred. (3997.) SEC. 3. In all cases of proceedings that may have When Commisbeen or shall hereafter be commenced before a Circuit Court become disquali Commissioner of the proper county, or before any Notary cant, proceedings Public, whose term of office shall have expired after the commencement of such proceedings, or whose office shall become vacant, or who shall otherwise become disqualified to act in the premises, such matter or proceeding shall not thereby become discontinued, but such matter or proceeding shall, by virtue of this section, become and be transferred to the Circuit Court Commissioner of the proper county, if there be one qualified to act in that matter or proceeding, who shall be entitled to all papers and records in the case, and be fully authorized to hear, try, determine and dispose thereof, and fully conclude any such proceeding or matter, and to enforce his determination in the same manner as if originally commenced before him; and in case the Commissioner of the proper county be not qualified to act in such matter or proceeding, the same may be transferred before, and heard and determined by, any Notary Public authorized to perform Circuit Court Commissioners' duties under this act, on a like satisfactory showing to such Notary Public, as required by section two of this act; and any Notary acting as such Commissioner may issue execution or process to enforce his determinations as Commissioners may do; and appeals or removals to the Circuit Court of the proper county may be taken and had in all cases determined by a Notary Public, in the same manner as from a Commissioner. (f) An Act to Provide for the Appointment of Circuit Court Commissioners in cases of Vacancy. [Approved February 2, 1855. Laws of 1855, p. 11.] of Circuit Court how filled. (3998.) SECTION 1. The People of the State of Michigan enact, Vacancy in office That whenever a vacancy shall occur, for any cause, in the Commissioner, office of Circuit Court Commissioner in any county entitled thereto, the Judge of the Circuit Court in and for said county, if the same is situated in the Lower Peninsula, or the District Judge, if such vacancy occur in the Upper Peninsula, may fill such vacancy by the appointment of a person eligible to such office, who shall be authorized and required to discharge all (f) This Section added by the Act of Feb. 16, 1857. See Note (e). |