Recogniz anee, before whom taken.

Special bail, surrender

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.

CHAPTER 98.

Sec. 9. Section one of chapter ninety-eight is altered and amended so as to read as follows:

In all cases where special bail shall be required to be put in, a recognizance thereof may be taken before any justice of the supreme court, any circuit judge, circuit court commissioner, clerk of any court of record, and shall be filed in the office of the clerk of the court in which the action is pending.

Sec. 10. Section twenty of said chapter is altered and -amended so as to read as follows:

The special bail of any defendant may surrender him, or made, be such defendant may surrender himself in exoneration of his bail, before any judge of a circuit court, or a circuit court commissioner.

fore whom.

Power to discharge -"witnesses.

-Suit for the

recovery of land.

CHAPTER 102.

Sec. 11. Section sixty-four, of chapter one hundred and two, is altered and amended so as to read as follows:

Every justice of the supreme court, circuit judge and circuit court commissioner, shall have the like authority to discharge any witness arrested contrary to the foregoing provisions.

CHAPTER 110.

Sec. 12. Section seven, of chapter one hundred and ten, is altered and amended so as to read as follows:

After the commencement of any action on the case for waste, or of any action for the recovery of land, or of the possession of land, the defendant shall not make any waste of the land in demand, or premises in question, during the

pendency of the suit; and if such defendant shall commit any waste thereon, or shall threaten to make preparations to commit waste thereon, the court in which such suit is pending, or any circuit judge, or circuit court commissioner, Defendant either in term or vacation, shall have power, on the appli- may be recation of the plaintiff, to make an order restraining the defendant from the commission of any waste, or further waste thereon.

Sec. 13. Section eight of said chapter shall be so altered and amended as to read as follows:

from the commission of waste.

Ib.

If any person shall commit, or threaten, or make prepa- . rations to commit any waste on any real estate which shall be attached or levied upon by execution in any civil action, the court from which such execution or attachment shall have issued, any circuit judge or circuit court commissioner, may, on the application of the plaintiff, either in term or vacation, make an order restraining such person from committing any waste or further waste thereon.

CHAPTER 115.

Sec. 14. Section three of chapter one hundred and fif teen is altered and amended so as to read as follows: Such appointment shall be made as follows:

ment.

If the suit be intended to be brought in the circuit Appoint-1 court, by any judge thereof, or circuit court commissioner.

Sec. 15. Section nine of said chapter one hundred and fifteen, is altered and amended so as to read as follows:

Such appointment shall be made upon the request of How made. such defendant, and upon the written consent of any competent person proposed as guardian, by the court, or any circuit judge, or any circuit court commissioner for the county.

CHAPTER 122.

Sec. 16. Section two, of chapter one hundred and twenty two, is altered and amended so as to read as follows:

Warrant to

enforce elaim.

Suit for the

recovery of lands.

Any person having any such claim or demand as is specified in the preceding section, may make application to any officer authorized to perform the duties of a circuit judge at chambers, or to any judge of any court of record in the county within which such ship, boat or vessel shall then be, for a warrant to enforce the lien of such claim or demand, and to collect the amount thereof.

CHAPTER 123.

Sec. 17. Section three, of chapter one hundred and twenty-three, is altered and amended so as to read as follows:

The person entitled to the possession of the premises, his agent or attorney, may make complaint in writing and on oath, and deliver the same to a circuit court commissioner, or a judge of the circuit court for the county, setting forth that the person complained of is in possession of the lands and tenements in question, describing them, and that he entered into the same with force, or that he unlawfully holds the same by force, as the case may be.

Sec. 18. Section thirteen of said chapter is altered and amended so as to read as follows:

In the cases specified in the preceding section, the person entitled to the possession of the premises, his agent or attorney, may make complaint in writing and on oath, and deliver the same to a circuit court commissioner, or judge of the circuit court for the county, setting forth that the person complained of is in possession of the lands or tenements in question, describing them, and that such person holds the same unlawfully and against the right of the complainant.

CHAPTER 134.

Sec. 19. Section three of chapter one hundred and thirty-four, is altered and amended so as to read as follows:

and by

ed.

Such writs may also be issued by any justice of the su- Writs, when preme court, judges of a circuit court, or any officer au- whom issuthorized to perform the duties of such circuit judge, upon the like application of a party to any suit or proceeding pending in a court of record, or pending before any officer or body who may be authorized to examine witnesses in any suit or proceeding.

Sec. 20. Section nine of said chapter is altered and amended so as to read as follows:

for writs.

Application for such writ shall be made by petition, Application signed either by the party for whose relief it is intended, or by some person in his behalf, as follows:

To the supreme court during its sitting;

The supreme court or to any of the circuit judges or Tofwhom any officer who may be authorized to perform the duties of a circuit judge at chambers, or to a circuit court commissioner, being or residing within the county where the prisoner is detained; or, if there be no such officer within such county, or if he be absent, or for any cause be incapable of acting, or having refused to grant such writ, then to some officer having such authority, residing or being in any other county.

Sec. 21. Section forty-three of said chapter is altered and amended so as to read as follows, to wit:

zance.

Upon the production of such order to any circuit court Recogni commissioner of any county in which such prisoner may be, or to any judge of a court of record, he shall be authorized to take the recognizance of the person so detained, and of two sufficient sureties, in the sum so Sureties. directed, with a condition for the appearance of such person at the court designated in such order; but previous to taking such recognizance, such officer shall be satisfied by the oath of persons offering themselves as sureties, that they are householders of the county, and are severally

Power of plaintiff to

fendant.

worth double the sum in which they shall be required to be bound, over and above all demand against them.

CHAPTER 138.

Sec. 22. Section seven of chapter one hundred and thirty-eight is altered and amended so as to read as follows:

Writs of error upon judgments in all other criminal cases shall issue of course, but they shall not stay or delay the execution of the judgment or sentence, unless they shall be allowed by one of the justices of the supreme court, or a circuit judge, with an express order thereon for a stay of proceedings on the judgment or sentence.

Sec. 23. Section fifteen of said chapter is altered and amended so as to read as follows:

Writs of certiorari may be allowed by any justice of the supreme court, or judge of the circuit court, or circuit court commissioner.

CHAPTER 141.

Sec. 24. Section three of chapter one hundred and fortyone is altered and amended so as to read as follows:

In all cases whereby the preceding provisions of this arrest de chapter, a defendant cannot be arrested or imprisoned, it shall be lawful for the plaintiff who shall have commenced a suit against such defendant, or shall have obtained a judgment or decree against him, in any court of record, or justice's court, to any judge of the court in which such suit is brought, or to any circuit judge or circuit court commissioner, or to any justice of the peace before whom such suit is pending or judgment obtained, or before whom such proceedings shall have been transferred, for a warrant to arrest the defendant in such suit.

CHAPTER 142.

Sec. 25. Section three of chapter one hundred and fortytwo is altered and amended so as to read as follows: