inspectors.

wards in cities throughout the State, are hereby required to prepare Duties of a ballot box to receive all ballots that may be offered at such election for Circuit Judge and Regent of the University, both of which officers shall be voted for on one ballot.

retary of

State.

Sec. 3. The Secretary of State shall, immediately after the passage of this act, transmit to the sheriff of each county included with- Duty of se in the several judicial circuits of this State, a notice in writing, containing a brief statement of the contents of this act, and he shall cause a copy of this act to be published in such newspapers within the several judicial circuits as he may deem proper, once in each

week from the date of the notice till the election aforesaid.

Sheriffs.

Sec. 4. The sheriffs of the several counties, on receiving the no- Duty of tice hereby provided for, shall forth with, in writing, notify the township clerk of each township, and one of the inspectors of election of each ward in any city, of such election; and it shall be the duty of the township clerks and inspectors of election receiving said notice, to give eight days' notice, except for the election in eighteen hundred and fifty-one, in writing, under their hands respectively, to the electors of the township or ward, of the time and place of holding such election, by posting the same up in at least three public places in the township or ward.

statement.

Sec. 5. The election provided for by this act shall be conducted in Canvass & the same manner as by existing laws is provided for the holding of a general election; and the inspectors of elections shall make the same canvass, statement and returns, and they are hereby invested with the same powers and authority as are provided by the election laws of this State for a general election.

County can

held.

Sec. 6. The county canvass for the several Circuit Judges and Regents of the University, shall be on the second Tuesday succeed- vass, when ing the election, and shall be conducted in all respects in the same manner, and returns shall be made in the same manner and within the same time as is provided by existing laws for the canvass of Representatives to Congress; but the county clerks of the several counties shall transmit one of the certified copies of the statement of where revotes to the State Treasurer, instead of the Auditor General.

Statement,

turned.

State can

Sec. 7. The Secretary of State, State Treasurer, and Commission- Board of er of the State Land Office, shall constitute the board of State can- vassers. vassers, and they are hereby authorized and required to proceed in

the canvass and determination of the election of the several Circuit Judges and Regents of the University, in the same manner and within similar periods of time, as near as may be, as is provided by law Their duty for the canvass of the election of Representatives to Congress, and

Ibid.

Commencement of term.

tendered to

lenged.

shall transmit similar notices to the persons declared to be elected to the offices of Circuit Judge and Regent of the University in the several judicial districts: Provided, That the board of State canvassers shall not determine the result of the election for a Regent of the University in the county of Wayne, until after the receipt of the sev eral statements of votes given for a Regent of the University in the upper peninsula; provided such statement shall be received before the third Tuesday of November next ensuing, when said board shall proceed to canvass and determine the election of such Regent, as in other cases.

Sec. 8. The officers elected under the provisions of this act, shall enter upon the discharge of their respective duties on the first day of January succeeding their election.

Oath to be Sec. 9. If any person offering to vote shall be challenged as unperson chal- qualified, by any inspector or any elector qualified to vote at that poll, the chairman of the board of inspectors shall declare to the person challenged the constitutional qualifications of an elector, and if such person shall state that he is a qualified elector, and the challenge shall not be withdrawn, one of the inspectors shall tender to him such of the following oaths as he may claim to contain the grounds of his qualifications to vote:

Oath or affirmation.

Ibid.

1st. "You do solemnly swear [or affirm] that you are twenty-one years cf age, that you are a citizen of the United States, that you have resided in this State three months and in this township (or ward, as the case may be,) ten days next preceeding this election, and that you have not voted at this election;" or

2d. "You do solemnly swear [or affirm] that you are twenty-one years of age, that you resided in this State on the twenty-fourth day of June, one thousand eight hundred and thirty-five, that you have resided in this State three months and in this township (or ward, as the case may be,) ten days next preceding this election, and that you have not voted at this election;" or

3d. "You do solemnly swear [or affirm] that you are twenty-one

years of age, that you resided in this State on the first day of January, one thousand eight hundred and fifty, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this State three months and in this township (or ward, as the case may be,) ten days next preceding this election, and that you have not voted at this election;" or

Ibid.

4th. "You do solemnly swear [or affirm] that you are twenty-one Ibid. years of age, that you have resided in this State two years and six months next preceding this election, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this township (or ward, as the case may be,) ten days next preceding this election, and that you have not voted at this election;" or

5th. "You do solemnly swear [or affirm] that you are twenty-one Ibid. years of age, that you are a native of the United States, that you are of Indian descent and do not belong to any tribe, that you have resided in this State three months and in this township (or ward, as the case may be,) ten days next preceding this election, and that you have not voted at this election.”.

for swear

If such person so challenged will take either of the above oaths, Penalty his vote shall be received; but, if such person shall therein swear ing falsely. falsely, upon conviction thereof, he shall be liable to the pains and

penalties of perjury.

Sec. 10. This act shall take effect immediately.

Approved March 10, 1851.

[ No. 26. ]

AN ACT to provide for the discharge of the duties heretofore performed by Masters in Chancery.

court com.

charge cer

Section 1. The People of the State of Michigan enact, That from and after the passage of this act, the several circuit court commis- Circuit sioners shall, within their respective counties, be competent to dis- may discharge all such duties as have heretofore been performed by mas- tain duties. ters 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

Previso.

com. may

ed.

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

Sec. 2. Any circuit court commissioner may be suspended by the Circ't court circuit judge of his county, from the exercise of the powers and dube suspend- ties of his office, in cases of misconduct therein, after due notice and a full opportunity of making his defence shall have been given him; Duty of cir- 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.

cuit judge

business be

in chancery

may be

Sec. 3. In all cases wherein, since the passage of this law, any reference or matter of business whatsoever was pending and unfinished Unfinished before master in chancery of this State, under a decree or order any fore master in chancery, or of any court according to law, such court may, by transferred 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.

to c. c. com.

Notary pub

lic may per

Sec. 4. Whenever there shall be no circuit court commissioner in form duties any county, or no circuit court commissioner in such county who is not solicitor or counsel in any suit or matter, or otherwise interested,

of c. c. com. in certain cases.

Bond.

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.

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,

bond.

him by this act, in the penal sum of not less three thousand and not Penalty of more than five thousand dollars, in the discretion of the circuit judge or county clerk by whom the same may be approved. Said bond, Bond, where when approved, shall be filed with the county clerk of the proper county.

filed.

forfeiture of

bond.

Sec. 6. If any such bond shall become forfeited by a breach of its Penalty for 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 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.

how filled.

Sec. 7. If a vacancy occur in the office of circuit court commis- Vacancy, sioner, 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.

State.

Sec. 8. It shall be the duty of the Secretary of State, immediately Duty of See after the passage of this act, to transmit to each of the county clerks try of and circuit court commissioners of the State, a copy thereof, which shall be an official notification of the provisions of the same.

Sec. 9. That all from section forty-eight to section fifty-eight, both inclusive, of chapter ninety-five, title twenty-one 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.

Approved March 10, 1851.

Repeal.

[No. 27. ]

AN ACT to authorize the Auditor General to issue certain land

Warrants.

authorized

Section 1. The People of the State of Michigan enact, That the Aud. Gen. Auditor General be and he is hereby authorized to issue land war- to issue cerrants upon the commissioner of the State Land Office, to C. D. W. warrants.

tain land