proofs, that such Treasurer, Commissioner, or other officer, has in any particular willfully violated his duty. SUPPLYING VACANCIES. fill certain va recess of Legis (628.) SEC. 14. When, during the recess of the Legislature, there Governor may shall be in either of the offices to be appointed by the Governor cancies during alone, or by the Governor by and with the advice and consent of lature. the Senate or of both branches of the Legislature, or by the Legislature without the concurrence of the Governor, no officer duly authorized to execute the duties thereof, some suitable person may be selected and appointed by the Governor to perform the duties of either of said officers for the time being; and when, during the recess of the Legislature, the term of office of any officer, appointed by the Governor alone, or by the Governor with the advice and consent of the Senate or of both branches of the Legislature, or by the Legislature without the concurrence of the Governor, shall expire, the Governor shall have power to appoint some suitable person to such office, and such person shall hold such office, unless sooner removed by competent authority, until the close of the next session of the Legislature, or until his successor is appointed or elected and qualified. ' execute duties and prosecuting ty offices may be (629.) SEC. 15. When, at any time, there shall be, in either of When circuit judge may ap the offices of county clerk or prosecuting attorney, no officer duly point person to authorized to execute the duties thereof, the judge of the circuit of county clerk court of the circuit in which the county where such vacancy exists attorney. shall be situated, may appoint some suitable person to perform the duties of either of said officers for the time being; and when, at any time, there shall be in either of the offices of sheriff, coroner, register of deeds, or county surveyor, no officer duly authorized to execute the duties thereof, some suitable person may be appointed How other counby the county clerk and prosecuting attorney of the county to per- filled for the time form the duties of either of said offices for the time being.1 (630.) SEC. 16. Each of the persons appointed in pursuance of Persons appointeither of the two last preceding sections, shall, before proceeding to execute the duties assigned him, comply with such conditions and directions as shall be prescribed and given relative to oaths and bonds, by the officer or officers appointing him as aforesaid. (631.) SEC. 17. All officers appointed by the Governor during officers appointthe recess of the Legislature, shall continue to exercise the duties during recess, of their respective offices until the close of the next succeeding being. ed to fill vacancy directions, etc. to comply with ed by Governor how long to hold 1 See note on page 266. Vacancies in certain State offices; how filled. County officers till expiration of session, unless others shall be appointed in their stead by competent authority, and shall have entered upon the discharge of their respective duties. An Act prescribing the manner of filling vacancies in certain State offices. [Approved June 23, 1851. Laws of 1851, p. 266.] (632.) SECTION 1. The People of the State of Michigan enact, That whenever, from any cause, there shall be a vacancy in the office of Auditor General, Attorney General, Secretary of State, or State Treasurer, Superintendent of Public Instruction, or Commissioner of the State Land Office, the Governor shall have power to appoint some suitable person to fill such vacancy, and the person so appointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed; and such person shall hold such office, unless sooner removed by competent authority, until his successor shall be elected and qualified under the Constitution of this State, or until the close of the next session of the Legislature. SEC. 2. This act shall take effect and be in force immediately. An Act in relation to vacancies in county oflices filled by appointment by the Governor. [Approved February 17, 1857. Laws of 1857, p. 420.] (633.) SECTION 1. The People of the State of Michigan enact, That Governor to hold Whenever a vacancy shall occur in any county office, and such vacancy shall have been filled by appointment by the Governor, such appointment shall continue, and the person so appointed shall hold said office, during the unexpired portion of the regular term limited to such office, unless the Governor shall sooner revoke and determine such appointment. Repeal of contravening acts. Drunkenness cause for removal from office. (634.) SEC. 2. That all acts and parts of acts which in any wise contravene the provisions of this act be and the same are hereby repealed. This act is ordered to take immediate effect. An Act to subject all persons holding office under the government of the State of Michigan to removal from office for drunkenness. [Approved April 5, 1871. Laws of 1871, p. 103.] (635.) SECTION 1. The People of the State of Michigan enact, That the drunkenness of any person holding office under the Contution or laws of this State shall be good cause for removal from office by the authority and in the manner provided by law. TITLE V. TOWNSHIPS AND TOWNSHIP OFFICERS. CHAPTER XII. The Powers and Duties of Townships, and Election and Duties of Township Officers. CHAPTER XIII. The Division of Townships. CHAPTER XIV. Fences and Fence-Viewers; Pounds and the Impounding of Cattle. CHAPTER XII. THE POWERS AND DUTIES OF TOWNSHIPS, AND ELECTION AND DUTIES OF TOWNSHIP OFFICERS. From chapter sixteen of Revised Statutes of 1846. townships. (636.) SECTION 1. The limits and boundary lines of every organ- Boundaries of ized township shall remain as now established, until otherwise provided by law. POWERS AND DUTIES OF TOWNSHIPS. townships to be and may hold and dispose of real estate, etc. (637.) SEC. 2. The inhabitants of each organized township shall Inhabitants of be a body corporate, and as such may sue and be sued, and may a body corporate, appoint all necessary agents and attorneys in that behalf; and shall have power to purchase and hold real and personal estate for the public use of the inhabitants, and to convey, alienate, and dispose of the same; and to make all contracts that may be necessary and convenient for the exercise of their corporate powers, and any orders for the disposal of their corporate property which they may judge expedient. (638.) SEC. 3. The inhabitants of each township shall have. power, at any legal meeting, by a vote of the qualified electors thereof, to grant and vote sums of money, not exceeding such amounts as are or may be limited by law, as they shall deem necessary for defraying all proper charges and expenses arising in the township.' (639.) SEC. 4. The inhabitants of each township may, at any legal meeting, by a vote of the qualified electors thereof, make all such orders and by-laws for determining the time and manner in which cattle, horses, swine, sheep, and other animals shall be restrained from going at large in the highways, and for directing and managing the prudential affairs of the township, as they shall judge most conducive to the peace, welfare, and good order thereof. (640.) SEC. 5. They may annex to such orders and by-laws suitable penalties, not exceeding ten dollars for any one breach thereof, to be recovered by complaint before any justice of the peace of the township or county where the offense shall have been committed. (641.) SEC. 6. The by-laws of any township shall, before the same shall take effect, be published, by posting up copies thereof in three of the most public places in the township; and such by-laws, duly made and published, shall be binding upon all persons coming within the limits of the township, as well as upon the inhabitants thereof. (642.) SEC. 7. All suits, acts, or proceedings, by or against a township, in its corporate capacity, shall be in the name of such township; but every conveyance of lands within the limits of such township, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the township by name. .Annual meeting. when held. Officers to be elected. TOWNSHIP MEETINGS. (643.) SEC. 8. The annual meeting of each township shall be held on the first Monday of April in each year; and at such meeting there shall be an election for the following officers: One supervisor, one township clerk, one treasurer, one school inspector, two directors of the poor, two assessors, if the qualified electors present at the opening of the meeting shall so determine by vote, one commissioner of highways, so many justices of the peace as there are by law to be elected in the township, and so many constables as shall be ordered by the meeting, not exceeding four in number. 1 See general section 752. 2 See Act 71, Laws of 1867. p. 98; and Act 183, Laws of 1867, p. 251. chosen by ballot. (644.) SEC. 9. Each of the officers named in the last preceding officers to be section shall be chosen by ballot, and before proceeding to choose the officers hereinafter directed to be chosen at such meeting.1 (645.) SEC. 10. There shall also be elected at such meeting, to be offloers to be chosen viva voce, or in such manner as the meeting may direct, one overseer of highways for each road district, and as many poundmasters as the meeting may direct.2 chosen viva voce justices. (646.) SEC. 11. Justices of the peace shall severally hold their Term of office of offices for four years, except when elected to fill a vacancy in office occurring before the expiration of the legal term of four years; and when elected to fill such vacancy, they shall hold during the unexpired portion of such term: Provided, That when there shall have been no previous election and classification of justices of the peace in any township, pursuant to the sixth article of the Constitution of this State, the justices elected at such meeting shall be classed and divided by lot, respectively, for one, two, three, or four years, and shall severally hold their offices accordingly. commissioners (647.) SEC. 12. Each commissioner of highways shall hold his Term of office of office for three years and until his successor shall be elected and of highways. qualified, except when elected to fill a vacancy, in which case he shall hold during the unexpired portion of the regular term: Provided, That when there shall have been no previous election for highway commissioners in any township, there shall be three such highway commissioners elected, one for one year, one for two years, and one for three years: And provided also, That at the annual township election, in each of the organized townships, to be held in the year one thousand eight hundred and forty-seven, there shall also be elected three such highway commissioners, one for one year, one for two years, and one for three years. school inspect (648.) SEC. 13. Each school inspector elected as aforesaid shall Term of office of hold his office for two years and until his successor shall be elected ors. and qualified, except when elected to fill a vacancy, in which case he shall hold during the unexpired portion of the regular term: Provided, That where there shall have been no previous election 1843, p. 99, Sec. for school inspectors in any township, there shall be two such inspectors elected, one for one year and one for two years, who shall severally hold their office accordingly. 24. hold one year. (649.) SEC. 14. Each of the officers elected at such meetings, What officers to except justices of the peace, commissioners of highways and school 1 As to the last clause of this section, see section 581. Laws of 1867, p. 58. * See section seventeen, article six, of Constitution. |