further, that all township or precinct officers within said transferred territory shall continue to hold their respective offices within the county to which they may be transferred, untill their respective terms of office expire.

size of county.

SEC. 7. No county shall be reduced, under the pro- Restriction of visions of this act, to less contents than 400 square miles.

debts.

SEC. 8. No transferred territory under the provis- Adjustment of ions of this act shall be released from the payment of its proportion of the debts of the county from which such territory is transferred; and such proportionate indebtedness from such transferred territory shall be collected by the county to which such territory is transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred-such rate to be ascertained by the certificate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. The territory so transferred shall not be taxed Prior indebtedfor the payment of any indebtedness of the county to which said territory is transferred, incurred previous to said transfer.

ness.

territory.

SEC. 9. Where any unorganized territory, not exceed- Unorganized ing two townships, lies adjoining to and is not embraced within the boundaries of any county, and a majority of the inhabitants of said territory petition to the commissioners of said adjoining county, to be attached to the same, the county board of said county shall, within three months, order an election as provided for in sections 4, 5, and 6, of this act, and said territory shall become attached to said county by a majority vote of the same and be subject in all other respects to the provisions of this act.

new county.

SEC. 10. Whenever it is desired to form a new county Petition for out of one or more of the then existing counties, and a petition praying for the erection of such new county,

Election.

Same, result.

stating and describing the territory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers, and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county."

SEC. 11. If it shall appear that a majority of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each of said counties shall certify the same to the secretary of state, stating in such certificate the name, territorial contents and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner Officers of new as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers, and until their successors are

county.

elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this state.

Officers contin

SEC. 12. All the justices of the peace, constables, edin. and other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire, and until their successors shall be elected and qualified.

votes.

SEC. 13. The votes for the county officers of said Canvass of new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases.

trict.

SEC. 14. The oath of office may be administered to Oath of office. the several county officers of such new county by any person authorized by law to administer oaths; and as soon as said county officers are duly qualified, the county shall be regarded as legally organized, and for judicial Judicial dispurposes shall be deemed and taken as belonging to the district in which said new county, or the greater part thereof, is embraced, and terms of the district court shall be held at such place in said new county as the county board thereof shall designate, until the county seat thereof shall be permanently located. The times of holding such court shall be appointed by the judge thereof, until otherwise provided by law.

suits.

SEC. 15. The courts of any county or counties from Transfer of which such new county is erected, may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county, to the proper court of such new county, or may transfer any suit and all papers and

records pertaining thereto to such new county, when all the parties thereto are residents of such new county; but all judgments and other liens in the county or counties from which such new county was erected, shall have the same effect as if no new county had been erected.

SEO. 16. All the property, both real and personal, and all debts and liabilities, and choses in action of every kind belonging to the county or counties from which such new county was formed, shall be divided by the several county boards of the counties interested between the county or counties from which such new county is formed and the new county, in proportion to the assessed value of property for the last preceding year, which has been taken from such original county or counties and carried to such new county; and if such boards cannot agree upon such division, they may refer the matters of difference to arbitrators, or the rights to such property may be settled by a suit in the district court, brought by either party for that purpose. In case the said property cannot be divided or removed, the county receiving the same shall pay to the other a proportionate value for the same.

SEO. 17. The county clerk of the new county shall transcribe in books prepared for that purpose, from the records of the county or counties from which the new county is formed, all deeds, mortgages, leases, and title papers of every description, with the certificate of acknowledgment thereto, and the date of filing the same for record, of lands lying in the new county which were previously recorded in the county or counties from which the new county was formed; and said clerk shall be allowed by such new county such compensation as his services are reasonably worth. The clerk of such new county shall also prepare a numerical index of the lands and lots in such new county in the same manner as

county clerks are by law directed to prepare and keep

such index.

clerk.

SEC. 18. Said clerk shall note at the end of each Same, duties of paper he shall transcribe the book and page from which the same was transcribed, and shall make a correct double index of said records; and on the completion of his duties said clerk shall return said books to the county clerk of said new county, with his certificate attached thereto, showing that he has complied with the law; whereupon they shall be taken and considered, to all intents and purposes as books of records of deeds, mortgages, and title papers for said new county. And copies of said record, certified by the officer having the custody of the same, shall be evidence in all courts and places, in the same manner that copies of records are evidence in other cases, and with like effect.

SEC. 19. The county seat of such new county shall County seat. be fixed as provided by law for the fixing of county seats upon the organization of new counties.

" and

county.

SEC. 20, Each county which has heretofore been, or Name of may hereafter be established in this state, according to the laws thereof, shall be a body politic and corporate, by the name and style of "The county of by that name may sue and be sued, plead and may be impleaded, defend and be defended against in any court having jurisdiction of the subject matter, either in law or equity, or other place where justice shall be administered.

whom exer

SEC. 21. The powers of the county, as a body cor- Powers, by porate or politic, shall be exercised by a county board, cised. to-wit: In counties under township organization by the board of supervisors, which shall be composed of the town and such other supervisors as are or may be elected pursuant to law; in counties not under township organization, by the board of county commissioners.

SEC. 22. Each county shall have power: