If any auditor, committee or member of a committee, appointed by any court, dies or declines or is unable to act, at any time when the court is not in session, the parties, or their attorneys, may agree in writing to the appointment of any person to act in his place. If they cannot agree, any judge of the court, upon application of either party and reasonable notice to the other, may fill the vacancy. Upon the filing of the agreement signed by the parties or the appointment signed by the judge with the clerk of the court, the appointment of the person therein designated shall be as effectual as if made by the court.
(1949 Rev., S. 8173; P.A. 82-160, S. 164.)
History: P.A. 82-160 rephrased the section.