Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-01-14
COURT COMMISSIONERS.
A Bill to Provide for Their Al
pOimtment, Payment of Fees, Etc

RO1mtments ray hcnt u recSs Etcs
The following bill, to regulate the APP
pointment of Commissioners, providing
for fees, etc., has been introduced in the
Senate by Mr.. Cassidy:
SECTION 1. In each judicial district in
this State, composed Of more than one
county, and in such other Judicial dis
tricts where the voters exceed 1000, the
respective Judges of such districts may
appoint a Court Commissioner for each
county in each district.
SEC. 2. Every such Commissioner is
hereby empowered First, to have and
determine all er paIte motions for orders
and writs Except orders or writs of in
junction, or to dissolve the same) in the
county for which he is appointed. Second,
to hear and determine motions to discharge
attachments, in cases where such motion
is made upon the ground that the writ has
been improperly issued, or where the writ
has been levied and q defendant seeks to
have such levy released upon giving an
undertaking. Third, to take proof and re-
port his conclusions thereon, as to any
matter Of fact (other than an issue OF fact
raised by the pleadings), upon which in
formation is required by the Court but
any party to the proceeding may except to
suCu IepOIt WiiIDI v payS dlltI WIlttcu
notice, that the same has been filed, and
may argue his exceptions before the Court
or Judges upon giving proper notice for
that purpose. Fourth, to take and APP
prove bonds and undertakings, whenever
the same may be required in actions or
proceedings in his county to examine the
sureties thereon, to administer oaths and
affirmations, and take affidavits and dep
~ositions in any actions or proceedings in
any Of the Courts of this State, or in any
matter or proceeding whatever to take
the acknowledgment or proof of any deed
or other instrument affecting real estate,
which acknowledgment or proof shall be
entitled to the same faith and credit as if
made before a Notary Pubic. Fifth, to
appoint a time for hearing an application
for any probate order that may be made by
a Judge, and to issue the orders necessary
to giving legal notice of such time and ap-
plication.
SEC. 8. Every Commissioner shall pro-
vide himself with a seal, the impression of
which shall denote his position, and he
shall give a bond conditional as other
official bonds J in the sum of So, 900, to be
approved by the Judge of his District, and
filed with his official oath in the office of
the County Clerk of his county.
SEC. 4. Every such COMMISSIONS shall
hold his Office during the incumbency Of
the Judge by whom he was appointed, I'M
less sooner removed by an order of the
District Court, in and for his county.
SEC. 5. Every appointment Of such Com
missioner shall be in writing, subscribed
bv the Judge, and filed in the County
Clerks Office Of the county where such
Commissioner is to act, and a copy thereof
filed in the Recorders Office of such
county.
SEC. 6. Said Commissioners shall be
entitled to charge and receive for their
services the following fees, to wit: For
hearing and determining any exparte mo-
ton for an order or a writ. five dollars; for
hearing and determining such contested
motions or issues Of fact as may be re-
ferred to them, for taking proof upon or
determining any matter of fact upon which
information may be required by the Court,
five dollars; for every day spent in con
Quoting a reference or examining into the
qualifications of sureties or bonds or I'M
de rtakings when an exception has been
taken to their suficiency or where they
have been notified to justify before him,
ten dollars per day for the first three days,
and eight dollars per day for every day
thereafter; p~ropided, however, that if hear
ing does extend beyond one day, and only
five hours of that day be consumed, no
charge for per diem shall be made by the
Commissioner; for taking and certifying
every affidavit, and for the approval of
every bond or undertaking, one dollar; for
administering each oath or affirmation,
twenty-five cents; for taking and certifying
dispositions, twenty-five cents per folio; for
taking acknowledgements or other proof of
d. eds or other instruments affecting real
estate, the same fees as are allowed No
taries.
SEC. 7. Any Of the powers herein con-
ferred on Court Commissioner and which
have heretofore been exclusively exercised
by the Courts or the Judges, shall be here
after exercised by such Commissioners only
in the absence from their county of the
District Judge, or, the Judge being in the
county, when the party or parties consent
to the Commissioner acting, or when, the
Judge being actually occupied. a matter
shall be referred to the COMMISSIONS by
an order Of the Court or Judge.
SEC. 8. The fees of such Commissioners
shall he paid by the party by whom, or at
whose instance the matter may have been
brought before them, or if referred by the
Judge without a motion from either party,
or If by the consent Of parties, then by the
plaintiff, and the fees SO paid to be taxed
as other costs in the action. Such Com
mississioners shall have the right to de-
mand their fees as aforesaid at the time the
services are performed, and may retain
any and all papers in cases where such fees
have not been paid, until the same are
paid.
SEC. 8. All Acts or parts of Acts, in
conflict with the provisions of this Act,
are hereby repealed.