Continuance of recognizance. Effect of judg ment of Circuit Court. order to quash certain cases. committed, in time, before the term at which a hearing is intended to be had. (3959.) SEC. 8. The Circuit Court in which the person so recognized shall be bound to appear, shall have power to continue such recognizance, or to require a new recognizance with further or other security, until a decision shall be had in such case; and in default thereof, the said Court may commit the party so convicted to close confinement. (3960.) SEC. 9. If the conviction and judgment of the Justice be reversed, the Circuit Court shall discharge the defendant; but if the judgment of such Justice be affirmed, the said Circuit Court shall order that such sentence be executed; and if the defendant shall have been let out of prison as hereinbefore provided, he shall be remanded back to such prison for the length of time that remained unexpired of his sentence at the period he was so let out of prison. Court may make (3961.) SEC. 10. If at any time it shall appear to the said proceedings in Circuit Court that the person prosecuting such certiorari has unreasonably delayed to bring on such cause for argument, the Court may enter an order to quash such certiorari, and may also direct the sentence of the Justice to be carried into effect. Fees. Sec. 18, Chap. 94, Appeals from Justices in crim transferred to proceedings therein, etc. (3962.) SEC. 11. The following fees shall be allowed and paid under the provisions of this act, for the services herein named: For making return to writ of certiorari, two dollars. (3963.) SEC. 12. Section eighteen of chapter ninety-four of the Revised Statutes of eighteen hundred and forty-six, is hereby repealed. (b) (3964.) SEC. 13. All cases of appeals from Justices' Courts, inal cases to be in criminal cases, to the Circuit Courts, which are now or may County Courts: be pending on the first Tuesday of May next, shall be on that day transferred by the County Clerk to the County Courts of the proper counties; and such appeals shall be tried by a jury drawn in pursuance of and according to the provisions of law in relation to criminal proceedings in County Courts; and the said Court shall have power to continue said causes from time to time, and take the necessary recognizances of defendant or defendants, for their appearance, and in default thereof, to commit such person or persons until the day of trial, and also to require witnesses to enter into recognizances, with or with C (b) See note (a). 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 3980. Supreme Court authorized to make Rules 3981. Circuit Court Commissioners may dis- 3982. Suspension of Circuit Court Commissioner 3983. Unfinished business before Masters in 2988. Secretary of State to transmit certain Act 3959. Repeal of certain provisions, and of con. 3990. Circuit Court Commissioner to discharge 3992. Judge may change designation of Circuit SECTION 4019. Deceit or collusion by Attorney, etc., how punished. 4020. Attorney, etc., delaying suit, etc., liable 4021. Liability of Attorney, etc., for permitting 4023. Attorney, etc., not to advance money, 4024. Penalty for violating two last Sections. 4028. Defendant may cause Plaintiff, etc., to be 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. 4035. Justices of Supreme Court to deliver notes 4036. Reporter to prepare decisions for publieation. 4037. Publication of Reports. 4038. Two hundred copies to be deposited with 4043. Bond to be filed by Reporter before war- 4044. Reporter to attend Terms of Supreme Court. 4045. To receive and make copies of written opinions. 4046. Actual expenses to be paid. From Chapter Ninety-Five of Revised Statutes of 1846. CIRCUIT COURT COMMISSIONERS. Circuit Court Commissioners to be elected. (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 Their terms and shall enter upon the discharge of their official duties on the first day of January succeeding their election, and hold their powers. 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 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. ders to stay pro tain cases. (3971.) SEC. 6. No Circuit Court Commissioner shall be Not to grant orauthorized 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. granted by a Cir missioner, to stay execution. (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. (3973.) SEC. 8. Nor shall any such Commissioner grant any Such order not to order to stay proceedings on any execution against the body 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 stay proceedings on execution against body executed, etc. Took (a) (b) (c) As Amended by "An Act to Amend Sections one, two and three of Chapter ninety. fre 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. giving of Bond. 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 execution 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. Order to state (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. Order made by not to be affected (3976.) SEC. 11. When the Supreme Court shall have made by order of many 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- 3. (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 copartnership 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 |