and every such bank shall take notice thereof, and transfer such accounts accordingly.

moneys, etc.

SEC. 75. Each circuit judge may, from time to time, make Rules as to such rules and regulations concerning such moneys, stocks and securities, as he shall deem just and reasonable; and all such rules and regulations shall be entered in the minutes of the court.

bonds.

SEC. 76. In all such cases, when it shall seem to the circuit Additional judge necessary, or proper to do so, said circuit judge may require said clerk to file with the county treasurer bonds, in addition to his official bond, in such amount, and within such time as he may order, conditioned that said clerk shall, in all respects comply with the requirements of law, in the handling and management of such funds, and to faithfully account for the same.

Of Sheriffs as Court Officers.

sheriffs to

SEC. 77. At any term of any court of record within this Number of State, at which the sheriff or his deputies may by law be re- attend court. quired to attend, such court shall have the power, and it shall be its duty, to fix, determine, and regulate from time to time, the number of such officers aforesaid as in the opinion of such court shall be necessary for the transaction of its business, and no greater number shall attend such court and be paid for such attendance, than shall from time to time be fixed and determined as aforesaid, by the court.

officers

SEC. 78. The sheriffs of the respective counties shall be offi- Sheriffs to be cers of the circuit court at law and in chancery, for the pur- of Court. pose of executing the process of the court; and the sheriff to whom any process of said court shall be directed, shall be amenable to the court in its execution, and may be punished for his disobedience or default therein, in the manner prescribed by law.

SEC. 79. The sheriff of the county and his deputies, in which Attendance. any stated term may be held by the circuit judge, shall, upon pain of being fined in the discretion of the court, be bound to attend said court during its sitting, in such manner as the court shall direct; and such officers so attending may execute all the lawful orders and process of the court in any county Execution of this State.

of process.

appear as

SEC. 80. No sheriff, deputy sheriff or coroner shall appear Sheriff not to in any court as attorney or counsel for, or on behalf of any attorney, etc. party in a suit; nor shall he draw, make or fill up any writ, declaration, plea or process, for any such party; nor shall he, with intent to procure himself to be employed in the collection of any demand, or the service of any process, advise or counsel any person to commence any suit or proceeding; and either of said officers, for a violation of any provision of this section, shall forfeit the sum of fifty dollars.

SEC. 81. Any sheriff, deputy sheriff, coroner or constable, Ald in service may require suitable aid in the service of process in civil or of process, etc. criminal cases, in preserving the peace, or in apprehending or

Power

of county.

Election.

Term.

Powers.

Proviso, two commission

ers.

Designation of successors.

Proviso,

when made by judge.

Qualification.

Oath of office.

Bond.

Approval.

Renewal.

securing any person for felony or breach of the peace, when such officer may have power to perform such duty; and when any such officer shall find resistance made against the execution of any process, or shall have good reason to believe that such resistance will be made, he may take the power of the county and proceed therewith in proper person to execute the process.

Of Circuit Court Commissioners.

SEC. 96. There shall be elected at the next general election to be held in this State, and every two years thereafter, one circuit court commissioner in each of the organized counties, who shall enter upon the discharge of their official duties on the first day of January succeeding their election, and shall hold their offices two years, and be vested with judicial powers not exceeding those of a judge of the circuit court at chambers: Provided, That in each county in this State wherein any census taken by the authority of this State, or of the United States, shall show a population of twenty thousand or more, there shall be elected at the general election next succeeding the taking of such census, and every two years thereafter, two such circuit court commissioners; except as otherwise provided by any existing local act.

SEC. 97. Whenever, in any county, two circuit court commissioners shall have been elected, it shall be the duty of the board of county canvassers to designate which of the persons so elected shall succeed to the office theretofore held by each circuit court commissioner: Provided, That if in any case the said board of county canvassers shall neglect or refuse to make such designation it may be made by the circuit judge of the judicial circuit of which such county constitutes the whole or a part.

SEC. 98. No person shall be elected a circuit court commissioner unless he be at the time an attorney and counselor.

SEC. 99. Every circuit court commissioner, 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 cause the same to be filed by him in the office of the county clerk of his county.

SEC. 100. Each circuit court commissioner, before entering on the performance of the duties of his office, 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 law, in the penal sum of not less than three thousand nor more than five thousand dollars, in the discre tion 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. Any circuit court commissioner shall renew his bond whenever required so to do by the circuit judge of his county.

SEC. 101. Circuit court commissioners, qualified according Powers. to law, shall severally be authorized and required to perform all the duties and execute every act, power and trust which a judge of the circuit 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; but when any power is When not given in express terms, by any statute, to a circuit judge or to act. to circuit judges, without naming circuit court commissioners in such statute, such commissioners shall not be authorized to exercise any such powers.

authorized

SEC. 102. No circuit court commissioner shall be author- May not stay proceedings. ized to grant any order to stay proceedings before judgment in any cause in which a verdict shall have been rendered; nor any order to stay proceedings on any capias respondendum. SEC. 103. When the supreme court shall have made any Not to order in reference to a matter, such order shall not be suspend- supreme ed, or in any manner affected, by an order granted by a circuit court orders.

court commissioner.

suspend

not to be

SEC. 104. If an application for any order be made to when order any justice of the supreme court, judge of a circuit court, subsequent refused, etc., or circuit court commissioner, and such order be refused, application in whole or in part, or granted conditionally or on terms, made. no subsequent application in reference to the same matter and in the same stage of the proceedings shall be made to any other circuit judge or circuit court commissioner; and if upon a subsequent application any order be made by a circuit judge or circuit court commissioner, it shall be revoked by such judge or commissioner, or by any justice of the supreme court, upon due proof of the facts.

SEC. 105. Every person making such subsequent applica- Penalty for tion contrary to the foregoing provisions, with knowledge of application. 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.

interested.

SEC. 106. No circuit court commissioner having a law Partner partner in whose name the business of the copartnership shall be carried on, shall be competent to perform any act authorized by law in any suit or proceeding in which such partner shall be in anywise interested.

to prescribe

SEC. 107. The supreme court shall have power, by gen- Supreme court eral rules, to prescribe any other cases in which circuit court rules. commissioners shall not be authorized to grant any orders in relation to suits, and to prescribe the terms and conditions 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.

in chancery.

SEC. 108. The several circuit court commissioners shall, Masters within their respective counties, be competent to discharge all such duties as have formerly 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

Proviso, testimony taken before justice or notary.

Duties of injunction

masters.

Proviso, subsequent orders or injunctions.

Refusal to grant injunction.

Records and files.

Determination.

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 they may respectively act: Provided, however, That testimony to be used in any circuit court in chancery may be taken before a justice of the peace or notary public, if the parties interested, their agents or attorney, shall enter into a stipulation to that effect, in writing, and file the same with the clerk of the circuit court of the proper county.

SEC. 109. Each circuit court commissioner shall be authorized and empowered to do and perform, within the county in which he shall reside, all the duties formerly performed by injunction masters under such restrictions and regulations as the supreme court may prescribe: Provided, That when any circuit court commissioner shall have granted or refused to grant any injunction, or shall have made or refused to make any order in reference to any matter or proceeding, such injunction or order shall not be affected by any order or proceeding in relation thereto, made by any other circuit court commissioner while the commissioner making or refusing such order, or granting or refusing such injunction, shall be competent to act in the premises. And any commissioner refusing to grant any order or injunction, shall indorse his refusal upon the application for the order, or bill of complaint, as the case may be.

SEC. 110. Every circuit court commissioner shall be entitled to all the records and files pertaining to the office of his predecessor, and to suits or proceedings pending and undetermined before such predecessor, and shall be authorized to hear, try, determine and dispose of any undetermined suit or proceeding, and fully to conclude the same, and to enforce his determination in the same manner and by the like process as if such suit or proceeding had been originally commenced Enforcement. before him; and also to issue all proper and suitable process for enforcing any judgment or determination of his predecessor or predecessors.

Commissioner of adjoining County.

Special commissioner.

Proof to be made.

SEC. 111. In all cases where by law any duties are required to be performed by a circuit court commissioner of any county, and there shall be no such commissioner who is not legally disqualified to act by reason of interest, connection with the matter or controversy, or for any other cause, the same may be performed by any circuit court commissioner of an adjoining county not disqualified; or if the same pertain to a matter, cause or proceeding pending in any circuit court, by a commissioner specially appointed by the judge of said court for the purpose.

SEC. 112. Before any circuit court commissioner of an adjoining county shall enter upon the performance of any such duties, proof shall be made and presented to him by affidavit that there is no circuit court commissioner of the proper county competent and qualified to discharge such duties, and stating the ground of disqualification; and such proof shall

in all cases accompany the acts and form part of the proceedings of the commissioner discharging such duties.

of com

SEC. 113. Whenever any process shall have been issued by Absence, etc., or any matter shall have been referred to any circuit court missioner. commissioner, and on any day set for the return or hearing thereof, such commissioner shall be absent or otherwise disqualified from acting therein, it shall be lawful for any other circuit court commissioner or other officer having authority to perform the like duty in the same county, to assume jurisdiction thereof and to proceed therein, and to hear, try and determine the same, and to make all orders, certificates, reports and returns, and to take and approve all bonds and recognizances, and to make and issue all further papers or process therein with like effect in all respects as if the original process had been issued by, or the matter had originally been referred to him; or he may in his discretion adjourn the same from time to time, and on the adjourned day proceed therein, or on said adjourned day the circuit court commissioner who issued said process, or to whom said matter was referred, if not then disqualified, may assume jurisdiction of the said matter or proceeding, and proceed in all respects therein as if the said adjournment or adjournments had been made by himself.

at date of sale.

SEC. 114. Whenever any such commissioner shall have ad- Absence, etc., vertised property for sale in pursuance of a decree of a court, and on the day when the sale is so advertised to take place, or on any day to which the same may be adjourned, the said commissioner shall be absent or otherwise disqualified from acting in the premises, the other circuit court commissioner of the county, if there be one who is not disqualified from acting, and if not, then a circuit court commissioner of an adjoining county may proceed and make the sale, and thereafter make and execute the deed or deeds for the property sold, and make his report of the same to the proper court, and may proceed in all respects as if he had originally advertised the said property for sale; or he may in his discretion adjourn the sale from time to time and publish notices of adjournment in his own name, and make the sale on the adjourned day, unless the commissioner who advertised the same shall then be present and competent to proceed therewith, in which case he shall be entitled at his election to do so.

SEC. 115. In all cases where any circuit court commissioner Expiration shall have advertised real estate for sale under and by virtue of term. of any decree or order of any court of this State, and his term of office shall expire before the sale shall be consummated, it shall be competent and lawful for him to proceed to complete the sale and report thereof, and do all things necessary to perfect the same, as if his term of office had not expired; and for such purpose his power and authority shall continue until all such business is fully closed.

SEC. 116. Any circuit court commissioner may be suspended Suspension by by the circuit judge of his county, from the exercise of the

circuit judge.