CHAPTER 95.

OF CIRCUIT COURT COMMISSIONERS, ATTORNEYS AND OTHER JUDICIAL

OFFICERS.

Circuit Court Commissioners.

TITLE XXI. CHAPTER 95.

SECTION 1. A commissioner to perform the duties of a justice of Circuit court the supreme court at chambers, to be denominated a circuit court commissioners, how appointed. commissioner, to reside in each of the counties of this state, shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office for the term of four years. SEC. 2. No person shall be appointed a circuit court commissioner, Must be an atunless he be at the time an attorney and counsellor at law of the su- sellor. preme court.

torney and coun

SEC. 3. Every circuit court commissioner, within fifteen days after Oath of office. notice of his appointment, and before 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.

SEC. 4. Circuit court commissioners appointed and qualified ac- General powers cording to law, shall severally be authorized and requied to perform and duties. 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.

ercise power.

SEC. 5. But wher. any power is given in express terms by any stat- when commisute, to the justices of the supreme court, without naming circuit court sioners not to excommissioners 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.

ceedings in cer

SEC. 6. No circuit court commissioner shall be authorized to grant Not to grant orany order to stay proceedings before judgment in any cause in which ders to stay proa verdict shall have been rendered; nor any order to stay proceed- tain cases. ings on any capias ad respondendum.

cuit court com

SEC. 7. When an execution shall have been issued, an order to stay Effect of order proceedings thereon, granted by a circuit court commissioner, shall granted by a cirnot prevent a levy on property by virtue of such execution; but shall missioner, to stay only suspend a sale thereon, until the decision of the proper court up- execution: proceedings on

ings on execution less bond be exe

on the matter. SEC. 8. Nor shall any such commissioner grant any order to stay Such order not proceedings on any execution against the body of a defendant, unless to stay proceed. such defendant shall have executed to the plaintiff, and delivered to against body unsuch commissioner, a bond for the use of such plaintiff, in a penalty cuted, &c. double the amount required 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 judgment, within six months from the date of such bond.

SEC. 9. Such bond shall be filed by the commissioner, in the office Bond to be filed with clerk, &c, of a clerk of the court from which such execution shall have issued,

TITLE XXI.

CHAPTER 95.

Order to state giving of bond.

Order made by supreme court

missioner.

When subse

for order not to

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.

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.

SEC. 11. When the supreme court shall have made any order in renot to be affected ference to a matter, such order shall not be suspended, or in any manby order of com- ner affected, by any order granted by a circuit court commissioner. SEC. 12. If an application for any order be made to any justice of quent application the supreme court, or circuit court commissioner, and such order be be made, and or refused, in whole or in part, or be granted conditionally, or on on to be revoked. 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 the facts.

der granted there

Person violating

SEC. 13. Every person making such subsequent application contralast section, how ry 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.

punished.

Commissioner

partner interest

SEC. 14. No circuit court commissioner having a law partner in not to act when whose name the business of the co-partnership 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 any wise in

ed.

Supreme court authorized to

make rules rela

ting to granting orders, &c., by

commissioners.

Clerks of supreme court.

Where clerks to

office.

terested.

SEC. 15. The supreme court shall have power, by general rules, to prescribe any other cases in which circuit court commissioners shall not be authorized to grant any orders in relation to suits, and to prescribe the terms and conditions which orders may be granted, upon in any specified class of cases; and also by order in any particular case, to forbid the interference of any such commissioner.

Clerks of Courts.

SEC. 16. There shall be four clerks of the supreme court, to be appointed by the justices thereof, who shall severally hold their offices during the pleasure of the court.

SEC. 17. One of the said clerks shall reside and keep his office in reside and keep the city of Detroit, in the county of Wayne; one of said clerks shall reside and keep his office in the village of Kalamazoo, in the county of Kalamazoo; one of said clerks shall reside and keep his office in the village of Jackson, in the county of Jackson; one of said clerks shall reside and keep his office in the village of Pontiac, in the county of Oakland.

Clerks to file

bond and take oath.

Before whom

oath may be ta ken.

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, conditioned for the faithful discharge of the duties of his office, and deposite the same with the treasurer of this state, and shall take and subscribe the oath of office prescribed in the constitution, and cause the same to be filed in the office of the secretary of state.

SEC. 19. The oath required by the preceding section may be adj

ministered and certified by any person authorized by law to administer oaths.

TITLE XXI. CHAPTER 95.

SEC. 20. At each term of the supreme court, it shall be the duty of Clerk to officiate the clerk residing in the place where the same is held, to attend and at each term. officiate as clerk thereof, and to keep accurate minutes of its proceed

ings under the direction of the court.

SEC. 21. Each clerk of the supreme court shall have the care and Clerks to have custody of all the records, seals, books and papers appertaining to his seals, &c. said office, and filed or deposited therein; and shall perform all such other duties relating to his office as are required of him by law, or by

the rules and practice of the court.

SEC. 22. Each of the clerks of the supreme court shall appoint a suit- Deputy clerks. able person to be his deputy, by writing under his hand and seal, to be filed in his office; and every person so appointed deputy, shall take and subscribe the constitutional oath of office, before any person authorized by law to administer oaths, and cause the same to be filed in the office of such clerk.

of clerk.

SEC. 23. Whenever a clerk of the supreme court shall be absent When deputy to from his office, or from the place where any official duty is required to perform duties be performed by him, or shall be incapable of performing the duties. of his office, and whenever his office shall be vacant, his deputy so appointed and qualified may perform the duties of such office, during such absence, inability or vacancy.

SEC. 24. The county clerk of each county shall be the clerk of the Clerks of circuit circuit court for such county, and shall attend every term thereof, and courts. shall have the care and custody of all the records, seals, books and papers, pertaining to the office of clerk of such court, and filed or deposited therein.

books.

SEC. 25. The clerks of the supreme court, and the clerks of the Clerks to provide several circuit courts, shall respectively provide such books for entering proceedings in the courts of which they are such clerks, as the justices or judges thereof shall direct.

Attorneys, Solicitors and Counsellors.

ney, &c., uuless

SEC. 26. No person shall practice as an attorney or counsellor at No person to law, except in the county court, or as a solicitor or counsellor in chan- practice as attor cery within this state, unless he shall be approved by the court for his approved and good character and learning, and duly admitted pursuant to the provisions of this chapter.

admitted.

upon examina

SEC. 27. The supreme court may grant to any citizen of this state Supreme court of good moral character, and of the age of twenty-one years, a li- may grant license cense to practice as an attorney and counsellor at law, upon an ex- tion, &c. amination at a stated term of such court, in the presence of the justices thereof, when satisfied that the applicant possesses sufficient legal learning and ability to discharge the duties of such office.

SEC. 28. Every person hereafter admitted to practice as an attor ney and counsellor in the supreme court, shall, at the time of his admission, pay to the clerk the sum of five dollars as an admission fee.

Admission fees.

SEC. 29. All moneys received for admission fees, shall be applied Moneys received by or under the direction of the justices of the supreme court, in the for admission purchase of a library for the use of the supreme court, to be kept in fees, how applied the city of Detroit.

SEC. 30. Every person admitted to practice as an attorney and coun- Oath of office.

CHAPTER 95.

TITLE XXI. sellor at law shall take the constitutional oath of office in open court, and subscribe the same in a roll or book to be kept by the clerk for that purpose.

Person licensed in supreme court may practice in

all courts of law in this state. Supreme and circuit courts may license attorney to prac.

SEC. 31. Every person licensed to practice as an attorney and counsellor in the supreme court, shall be authorized to practice in every court of law in this state.

SEC. 32. The supreme court, and the several circuit courts, may license any attorney and counsellor at law of this state, to practice as a solicitor and counsellor in chancery, under such rules and regulations tice as solicitor, as he (they) shall prescribe,

&c.

Tenure of office.

For what causes attorney, &c.,

SEC. 33. Attorneys, solicitors and counsellors may be removed or suspended by the several courts in which they shall be authorized to practice.

SEC. 34. Any attorney, solicitor or counsellor, may be removed or may be removed, suspended, who shall be guilty of any deceit, mal-practice, crime or or suspended. misdemeanor; but not until a copy of the charges against him shall have been delivered to him by the clerk or register of the court in which the proceedings shall be had, and an opportunity shall have been given to him to be heard in his defence.

Effect of remo

by supreme court.

SEC. 35. The removal or suspension of any attorney, solicitor or val or suspension counsellor, by the supreme court, shall operate as a removal or suspension in every court in the state; but in every other case, the removal or suspension shall be confined to the court in which it shall be declared.

Party to be notified to appoint another attorney,

&c., in certain cases.

Deceit or collu

sion by attorney, &c., how punished.

Attorney, &c. delaying suit, &c., liable in treble damages.

Liability of at

torney, &c., for permitting pro

out in his name.

SEC. 36. When any attorney or solicitor shall die, be removed, or suspended, or cease to act as such, the person for whom he was acting, shall be notified to appoint another attorney or solicitor, at least thirty days before any proceeding shall be had against such person, in the matter wherein such attorney or solicitor was acting for him.

SEC. 37. Any attorney, solicitor or counsellor, who shall be guilty of any deceit or collusion, or shall consent to any deceit or collusion, with intent to deceive the court or any party, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both in the discretion of the court, and shall also be liable to the party injured by such deceit or collusion, in treble the damages sustained, to be recovered in a civil action.

SEC. 38. If any attorney, solicitor or counsellor, shall wilfully delay his client's suit, with a view to his own gain, or shall wilfully receive any money or allowance, for, or on account of any money which he has not laid out or become accountable for, he shall be liable to the party injured in treble damages.

SEC. 39. If any attorney or solicitor shall knowingly permit any person, not being his general law partner or a clerk in his office, to cess to be made sue out any process, or to prosecute or defend any action in his name, such attorney or solicitor, and every person who shall so use the name of any attorney or solicitor, shall severally be liable to the party against whom such process was sued out, or such action prosecuted and (or) defended, in the sum of fifty dollars damages.

suing.

Attorneys, &c., SEC. 40. No attorney, solicitor or counsellor, shall, directly, or innot to buy claims for purpose of directly, buy, or be in any manner interested in buying, any bond, promissory note, bill of exchange, book debt or other thing in action, with the intent and for the purpose of bringing any suit thereon. SEC. 41. No attorney, solicitor or counsellor, by himself, or by or

TITLE XXI.

CHAPTER 95.

Attorney, &c. not

in the name of any other person, shall lend or advance, or agree to lend or advance, or procure to be lent or advanced, any money, or any bond, bill of exchange, draft or other thing in action, to any person, as an inducement to the placing, or in consideration of having placed, in the hands of such attorney, solicitor or counsellor, or in tain purposes. the hands of any other person, any debt, demand, or thing in action, for collection.

to advance money, &c,, for cer

tions.

SEC. 42. Every attorney, solicitor or counsellor, who shall violate Penalty for viola either of the two last preceding sections, shall be deemed guilty of a ting two last secmisdemeanor, and on conviction thereof shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or both, in the discretion of the court; and he shall be removed from office in the several courts in which he is authorized to practice.

sections qualified.

SEC. 43. Nothing contained in either of the three last preceding Three preceding sections, shall be construed to prohibit the receiving in payment, by any attorney, solicitor or counsellor, any bond, promissory note, bill of exchange, book debt, or any thing in action, for any estate, real or personal, or for services actually rendered, or for a debt antecedently contracted; or from buying or receiving any bill of exchange, draft, or other thing in action, for the purpose of remittance, and without any intent to violate either of the three last preceding sections.

was bought and

law.

SEC. 44. The defendant in any suit to be brought upon any de- Notice by defend. mand which shall have been bought, sold or received in violation of ant that demand the foregoing provisions, may give notice with his plea, in addition to sold contrary to any other matter of defence, that on the trial of the cause, he will insist and prove that the demand on which such action is founded, has been bought and sold, or received, for prosecution, contrary to law, without setting forth any other particulars.

SEC. 45. On the trial of the cause in which [such] notice shall have Defendant may require plaintiff been given, if the defendant shall require it, the plaintiff, and his attor- or his attorney ney and counsel, and any other person who may be interested in the to testify. recovery in such cause, shall be examined on oath touching the matters set forth in such notice.

moned

SEC. 46. The defendant in such suit may cause the persons men- Defendant may tioned in the preceding section, to be summoned as witnesses, to at- cause plaintiff, tend the trial; and if the plaintiff, or any other person interested in c, d as wit. the recovery in such cause, and duly served with a subpoena for that nesses. purpose, shall fail to attend, unless such failure shall be accounted for to the satisfaction of the court; or shall refuse to answer on oath, such questions as shall be pertinent to show a violation of the provisions of this chapter; or if, on such examination, it shall appear that the cause of action on which such suit was founded, has been bought or procured contrary to the true intent of the provisions of this chapter, the plaintiff in such action shall be non-suited,

be admitted in

SEC. 47. No evidence derived from the examination of any such Evidence not to attorney, solicitor or counsellor, shall be admitted in proof on any criminal prosecriminal prosecution against him, for violating any of the provisions cution. of this chapter.

Masters in Chancery.

SEC. 48. There shall be appointed by the governor, by and with Masters in chan the advice and consent of the senate, one master in chancery in each cery, how appointed, and county in this state, and one additional master to every fifteen thou- number in each

county.