TITLE III. CHAPTER 14,

Clerks to keep books, &c., and give copies

3. To record the vote of each supervisor on any question submitted to the board, if required by any member present: and,

4. To preserve and file all accounts acted upon by the board.

SEC. 16. The books, records and accounts of the boards of supervisors, shall be deposited with their clerk, and shall be open without when demanded. any charge, to the examination of all persons; and the clerk shall deliver to any person who may demand it, a certified copy of any account on file in his office, on receiving from such person six cents for every folio of one hundred words contained in such copy.

Clerks to desig

nate amounts allowed.

Supervisors to cause buildings to be repaired.

Solitary cells in county jails.

Compensation of supervisors.

1842, p. 23, § 1.

Reports of re

ditures to be pub

SEC. 17. It shall be the duty of the clerk to designate upon every account upon which any sum shall be audited and allowed by the board, the amount so audited and allowed, and the charges for which the same was allowed.

SEC. 18. It shall be the duty of the several boards of supervisors, as often as shall be necessary, to cause the court house, jail, and public offices of their respective counties, to be duly repaired at the expense of such county; but the sums expended in such repairs shall not exceed five hundred dollars in any one year.

SEC. 19. They shall also cause to be prepared within the jails of the respective counties, at the expense of such counties, so many solitary cells for the reception of convicts who may be sentenced to punishment therein, as they may deem necessary.

SEC. 20. Each member of the board of supervisors shall be allowed a compensation for his services and expenses in attending the meetings of the board, at the rate of one dollar and fifty cents per day, and six cents for each mile travelled in going from the residence of the supervisor to the place of meeting, to be audited by the board, and paid by the county.

SEC. 21. The several boards of supervisors shall cause to be made ceipts and expen- out aud published yearly, immediately after their annual meeting, in lished annually. at least one newspaper, if there be one published in the county, a report of the receipts and expenditures of the year next preceding, and the accounts allowed.

When special meetings of board may be held.

Penalty for neg

supervisors.

SEC. 22. A special meeting of the board of supervisors of any county, shall be holden only when requested by a majority of the supervisors in such county; which request shall be in writing, addressed to the county clerk, and specifying the time and place of such meeting; and upon the reception of such request, the clerk shall immediately give notice in writing of such meeting to each of the supervisors of said county, but not more than fifteen days shall be occupied by any board of supervisors in any year.

SEC. 23. If any supervisor shall neglect or refuse to perform any of lect of duty by the duties which are or shall be required of him by law, as a member of the board of supervisors, without just cause therefor, he shall, for each offence forfeit one hundred dollars.

Appeals to circuit

court.

1840, p. 55.

SEC. 24. When any claim of any person against a county, shall be disallowed in whole or in part by the board of supervisors, such person may appeal from the decision of the board disallowing the same, to the circuit court for the same county, by causing a written notice of such appeal to be served on the clerk of such board within twenty days after the making of such decision; provided the party appealing shall give security for all costs that shall be adjudged against him by the court; said security to be approved by the county clerk.

SEC. 25. The clerk of the board, on receiving such notice of an ap

TITLE III. CHAPTER 14.

tice of appeal to

peal, shall immediately give notice thereof to the prosecuting attorney, unless he shall be a party to, or interested in such appeal, and the prosecuting attorney shall thereupon appear in the matter of such Clerk to give noappeal in behalf of the county, and defend therein; but if the prose- prosecuting atcuting attorney shall be a party to, or interested in the appeal, then the torney, &c. clerk shall give notice thereof to the supervisors, or one of them, who 1840, p. 56, § 4. may employ some other attorney to attend thereto in behalf of the

county.

SEC. 26. The court to which such appeal may be taken, shall pro- Proceedings on ceed to hear and determine the same in a summary manner, at the appeal, costs, &c. next term after the same shall have been taken, unless it shall be continued upon good cause shown; and if such court shall affirm the decision appealed from, judgment shall thereupon be rendered against

the party appealing, for costs; but if the whole, or any part of the ac- 1810, p. 56, § 5. count disallowed by the board of supervisors, shall be allowed by the court, such court may in its discretion, allow costs to the party appealing; and the clerk of said court shall prepare and file with the board of supervisors, at their next meeting after such determination, a statement of the decision of the court on such appeal.

Board of Auditors for the county of Wayne.

Board of audi

of Wayne.

SEC. 27. There shall continue to be a board of county auditors for the county of Wayne, composed of three persons, one of whom shall tors for county be elected annually at the general election in said county, and shall hold his office for the term of three years, and until his successor shall be elected and qualified; but no two of such auditors shall be residents of the same township or city.

1844, P. 122.

SEC. 28. The annual meeting of the board of auditors shall be hold- Meetings of board en at the office of the county clerk on the first Monday of October in each year, and the auditor having the shortest portion of a regular term to serve, shall be the chairman of the board; and such board shall have the power to adjourn from time to time, when necessary for the transaction of business; and may hold special meetings at such times and places as a majority of them may deem proper, public notice thereof being first given by the clerk of the board, by publishing the same in a newspaper printed in said county, at least ten days before the holding thereof.

ties.

SEC. 29. The said board of auditors shall have and exercise all the Powers and dupowers, and perform all the duties conferred or imposed upon the boards of supervisors of the several counties in this chapter, or by any other provisions of law, except those mentioned in the next succeeding section; and the board of supervisors of the county of Wayne shall not have or exercise any of the powers herein conferred upon said board of auditors.

Powers and du

supervisors for county of Wayne

SEC. 30. The supervisors in the county of Wayne shall hold their annual meeting in each year, at the time and place appointed by law; ties of board of and shall have and exercise all the powers conferred by law the upon supervisors of the several counties, in relation to the equalizing and correcting of the assessments in said county, apportioning the state and county taxes to be collected in the several townships, ascertaining and returning the aggregate valuation of real and personal property in the county, and all other matters connected with the assessment and collection of taxes within said county.

SEC. 31. The said board of county auditors shall, on or before the

TITLE III. CHAPTER 14.

Auditors to report amount of

tax necessary to be raised.

annual meeting of the board of supervisors in said county in each year, ascertain and report to said board of supervisors, the amount of tax necessary to be raised therein for county purposes.

SEC. 32. Appeals may be taken from the determination of said board of auditors in the same cases, in the same manner, and with the Appeal, how ta- like effect, as provided in relation to appeals from the determinations of boards of supervisors of the several counties.

ken.

Clerk of board of

ties.

SEC. 33. The county clerk of the county of Wayne shall be the auditors; his du clerk of said board of auditors, and shall perform the same duties as clerk of such board, as the clerks of the several counties are required to perform as clerks of the board of supervisors therein.

Compensation of auditors.

County treasurer elected for two years, to give bond.

Bond to be given to supervisors, its condition.

Deputy.

Office, how sup plied in case of vacancy, &c.

Who not to be treasurer.

To receive and pay moneys.

SEC. 34. Each of said auditors shall be allowed for his services and expenses in attending the meetings of the board, at the rate of one dollar and fifty cents per day, and six cents per mile for travelling from his residence to the place of meeting; to be certified by the clerk, and audited by the judges of the county court for the county of Wayne.

Of the County Treasurer.

SEC. 35. The county treasurer shall be elected at the general election, for the term of two years, and shall give a bond for the faithful and proper discharge of the duties of his office, as hereinafter directed.

SEC. 36. The said bond shall be given to the board of supervisors of the county, with three or more sufficient sureties to be approved of by the board of supervisors, and in such sum as they shall direct, conditioned that such person, and his deputy, and all persons employed in his office, shall faithfully and properly execute their respective duties and trusts, and that such treasurer shall pay according to law, all moneys which shall come to his hands as treasurer, and will render a just and true account thereof whenever required by the board of supervisors, or by any provision of law; and that he will deliver over to his successor in office, or to any other person authorized by law to receive the same, all moneys, books, papers and other things appertaining or belonging to said office.

SEC. 37. The county treasurer may appoint a deputy, who, in the absence of the treasurer from his office, or in case of a vacancy in said office, or any disability of the treasurer to perform the duties of his office, may perform all the duties of the office of treasurer, until such vacancy be filled, or such disability be removed.

SEC. 38. In case the office of county treasurer shall become vacant, or in case the treasurer from any cause, shall be incapable of discharging the duties of his office, the board of supervisors may, if in their opinion the interests of the county require it, by writing under their hands, select a suitable person to perform the duties of the treasurer; and such person so selected, upon giving such bond for the faithful performance of the duties of the office as the said board shall direct, may perform such duties until such vacancy shall be filled or such disability be removed.

SEC. 39. No person holding the office of prosecuting attorney, judge of a county court, county clerk, supervisor or sheriff, shall hold the office of county treasurer.

SEC. 40. It shall be the duty of the county treasurer to receive all moneys belonging to the county, from whatever source they may be

derived; and all moneys received by him for the use of the county, shall be paid by him only on the order of the board of supervisors, signed by their clerk, and countersigned by their chairman, except when special provision for the payment thereof is or shall be otherwise made by law.

TITLE III.

CHAPTER 14.

&c., to supervi

SEC. 41. At the annual meeting of the board of supervisors, or at such other time as they shall direct, the county treasurer shall exhibit To exhibit books, to them, all his books and accounts, and all vouchers relating to the sors. same, to be audited and allowed.

be delivered to

SEC. 42. Upon the death, resignation, or removal from office, of Moneys, &c., to any county treasurer, all the books and papers belonging to his office, successor. and all moneys in his hands by virtue of his office, shall be delivered to his successor in office, upon the oath of the preceding county treasurer, or in case of his death, upon the oa of his executors or administrators.

SEC. 43. The county treasurer shall receive for his services, such Compensation. compensation as the board of supervisors shall deem reasonsble, to be allowed and ordered by them.

Insurance of

buildings of

SEC. 44. When directed by the board of supervisors, the county treasurer shall cause to be insured any or all the public buildings be county. longing to the county, as said board shall direct, and the insurance thereon shall be taken in the name of the treasurer, and his successors in office.

1840, p. 161.

collect moneys

SEC. 45. In case of the destruction of, or damage done to the Treasurer to buildings so insured, the treasurer shall have authority, and it shall be in case of damhis duty, to demand and receive the moneys which shall be due on ac- age. count of such insurance, and in case of neglect or refusal to pay the same, he shall sue for and collect such moneys in his name of office whenever directed by the board of supervisors, and pay the same into

the county treasury, to be used in repairing or rebuilding such public 1840, p. 161, § 1. buildings.

SEC. 46. Whenever the condition of the county treasurer's bond Bond, when to be shall be forfeited, to the knowledge of the board of supervisors of the put in suit. county, they shall cause such bond to be put in suit.

SEC. 47. All moneys recovered in any such action, shall be applied Moneys recover by the board of supervisors to the use of the county, or to such other ed on bond, how use or uses as the same ought properly to be applied to.

applied.

seat of jusiice.

SEC. 48. The county treasurer shall keep his office at the seat of To keep office at justice for the county.

Judges of the County Court.

SEC. 49. One county judge and one second judge for each of the organized counties of this state, shall be elected at the general election for the term of four years.

County judges

elected for four

years.

Const. art. 6, § 4

SEC. 50. No judge of a county court for any county shall practice Not to practice as an attorney or counsellor at law within such county.

Judge of Probate.

as attorney, &c., within his county.

to be elected for

SEC. 51. The judge of probate for each organized county shall be elected at the general election, for the term of four years, and shall Judge of probate have possession of the seal, records, books, files and papers belonging four years, to to the court of probate, and shall keep a record of all orders, decrees have custody of and other official acts made or done by him, which record may be in- Cons. art. 6, § 4. spected by all persons interested without charge.

probate records.

TITLE III.

CHAPTER 14.

To keep his office at seat of justice. Compensation.

Prosecuting at

torney to appear for state, &c.

Const. art. 7, § 3.

To attend before magistrates, &c.

To give opinions in certain cases.

Report of prosecuting attorney.

Penalty for neg

port.

SEC. 52. The judge of probate shall hold his court at the seat of justice of the county; and he shall receive such compensation for his. services as shall be allowed by law.

Prosecuting Attorney.

SEC. 53. The prosecuting attorneys shall, in their respective counties, appear for the state or county, and prosecute or defend in all the courts of the county, all prosecutions, suits, applications and motions whether civil or criminal, in which the state or county may be a party or interested.

SEC. 54. Each prosecuting attorney shall, when requested by any magistrate of the county, appear in behalf of the people of this state, before any such magistrate, other than those exercising the police jurisdiction of incorporated cities and villages, and prosecute all complaints made in behalf of the people of this state, of which such magistrate shall have jurisdiction.

SEC. 55. The prosecuting attorneys shall give opinions, in cases where the state or county may be a party or interested, when required by any civil officers in the discharge of their respective official duties relating to the interests of the state or county.

SEC. 56. Each prosecuting attorney shall, in the month of November in each year, make and transmit to the attorney general, a report, setting forth particularly the amount and kind of official business done by him in his county in the preceding year; the number of persons prosecuted; the crimes and misdemeanors for which such prosecutions were had, the result thereof, and the punishments awarded.

SEC. 57. Each prosecuting attorney who shall neglect or refuse to lect to make re make and transmit his annual report as required by the preceding section, shall forfeit the sum of fifty dollars for each and every such neglect or refusal.

Not to receive

cutors, &c.

SEC. 58. No prosecuting attorney shall receive any fee or reward fee from prose- from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it shall be his official duty to attend; nor be concerned as attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend.

Compensation.

Courts may ap

cases.

SEC. 59. The prosecuting attorneys shall severally receive such compensation for their services, as the board of supervisors of the proper county shall, by an annual salary or otherwise, from time to time order and direct.

SEC. 60. The supreme court and each of the circuit courts may, point in certain whenever there shall be no prosecuting attorney for the county, or when the prosecuting attorney shall be absent from the court, or unable to attend to his duties, if either of said courts shall deem it necessary, by an order to be entered in the minutes of such court, appoint some other attorney at law to perform, for the time being, the duties required by law to be performed in either of said courts by the prosecuting attorney, who shall thereupon be vested with all the powers of such prosecuting attorney for that purpose.

County clerk to be elected and

give bond.

County Clerk.

SEC. 61. The county clerk in each organized county shall be elected at the general election, for the term of two years, and shall give a