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Notary Public

may perform duCourt Com mis

(3984.) SEC. 4. Whenever there shall be no Circuit Court ties of Circuit Commissioner in any county, or no Circuit Court Commissioner sioner in certain in such county who is not Solicitor or Counsel in any suit or

cases.

See Sec. 3995.

Official Bond, and the filing thereof.

Prosecution of
Bond.

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.

(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.

(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 Acts.

(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,

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 Judge 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

Wayne County.

missioner for office until the first day of January, A. D. one thousand eight 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
Court Com mis-

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.

When Notary

may perform du

SEC. 3. This act shall take effect immediately.

An Act to Provide for the Discharge of certain Duties required to be Performed by Circuit
Court Commissioners.

[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

Court Com mis-
sioner.
See Sec. 8984.

Affidavit in such

cases.

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)

(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 Commis been 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 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. (ƒ)

as

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).

Pending proceedings to proceed

missioner.

the legal duties of a Circuit Court Commissioner, and shall be liable to all the provisions of law touching said office, and who shall hold the same until a successor may be duly elected and qualified.

(3999.) SEC. 2. In cases where legal proceedings may have before new Com-been pending before a Circuit Court Commissioner, and undetermined at the time such vacancy shall occur, the same may be continued, adjudged and determined by and before the Circuit Court Commissioner so appointed and qualified in the manner, and with the like effect, as if no such vacancy had happened.

SEC. 3. This act shall take immediate effect.

Recorder of Detroit to exercise

Court Commis

Bioner.

An Act in Relation to the Recorder of Detroit. (g)

[Approved April 2, 1849. Laws of 1849, p. 313.]

(4000.) SECTION 1. Be it enacted by the Senate and House of powers of Circuit Representatives of the State of Michigan, That the Recorder of the City of Detroit shall have and exercise the same powers as are now exercised by the Circuit Court Commissioner of the county of Wayne.

And receive same fees.

(4001.) SEC. 2. The Recorder is authorized to demand and receive the same fees for the services so rendered as are now by law permitted to be demanded and received by the Circuit Court Commissioner.

SEC. 3. This law shall take effect immediately after its passage.

Oath and Bond of
Clerks of Supreme
Court.

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(4002.) SEC. 18. Each Clerk of the Supreme Court, before entering upon the duties of his office, shall give bond to the People of this State, in such sum, and with such sureties as the Justices of the Supreme Court shall direct and approve,

(g) This act was passed and took effect before the duties of Masters in Chancery were devolved upon Circuit Court Commissioners. Whether now in force for any purpose, may possibly be a question. The office of Recorder of Detroit, as well as that of Circuit Court Commissioner, is essentially different now from what it was when this Act took effect.

(h) These Sections related to the appointment and offices of the Clerks of the Supreme Court, and are superseded by Sec. 12 of Art. 6 of the Constitution.

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