pended. Lands of counties on division. Property, how apportioned on division. Supervisors to meet for settle ment. Debts to be apportioned. Commissioners if supervisors cannot agree. voters, it shall be the duty of said board to set off and organize the attached territory into a separate township, and such township, so formed and set off, shall continue to be attached to such organized county for the same purpose as before the same was thus organized: And provided further, That all taxes levied in said unorganized county, so attached, for other than for State or county purposes, shall be expended within the limits of such unorganized territory. (451.) SEC. 20. When a county seized of lands shall be divided into two or more counties, or shall be altered in its limits, by annexing a part of its territory to any other county or counties, each county shall become seized to its own use, of such part of said lands as shall be included within its limits, as settled by such division or alteration. (452.) SEC. 21. When a county possessed of or entitled to money, rights, credits, things in action, or personal property, shall be so divided or altered, or when any unorganized county or district annexed to any county for judicial purposes shall be organized into a separate county, such money, rights, credits, things in action, or personal property, shall be adjusted and apportioned, and a settlement thereof made between the counties interested therein by the supervisors thereof, as to them or a majority of them shall appear to be just and equitable. (453.) SEC. 22. The supervisors aforesaid shall meet for the purpose of such settlement, at such time as shall be prescribed by the law making such division or alteration; or if no time is prescribed by such law, at such time as the board of supervisors of either of the counties interested shall appoint, at the office of the treasurer of the county retaining the original name of the county so divided or altered. (454.) SEC. 23. Debts owing by a county so divided or altered, shall be apportioned in the manner prescribed in section twentyone of this chapter, and each county shall thereafter be charged therewith, according to such equitable apportionment. (455.) SEC. 24. In case of the division or alteration of a county to be appointed as aforesaid, if the supervisors cannot agree upon a settlement, as provided in this chapter, the supervisors of either of the counties interested may apply to the circuit court for any adjoining county, for the appointment of five judicious men residing within a county not interested, to be commissioners for the purpose of settling and determining the matters aforesaid between such counties; and upon such application such circuit court shall appoint such commissioners for the purpose aforesaid. to meet and tion. (456.) SEC. 25. Such commissioners shall meet at such time as Commissioners they may appoint, and after being duly sworn, faithfully and make determinaimpartially to perform their duties as such commissioners, shall proceed to examine into the merits of the matters aforesaid, and shall make such determination in relation thereto as to them, or a majority of them, shall appear to be just and equitable; which determination shall be entered at length by the clerks of the respective counties so interested as aforesaid, upon the journals of the board of supervisors thereof, and shall be final and conclusive between such parties. OF LEGAL PROCEEDINGS IN FAVOR OF AND AGAINST counties, etc. (45%) SEC. 26. Whenever any controversy or cause of action suits between shall exist between any of the counties of this State, or between any county and an individual or individuals, such proceedings shall be had either in law or equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings between individuals and corporations. 1 sue and be sued. (458.) SEC. 27. In all such suits and proceedings, the name in How counties to which the county shall sue or be sued shall be, "The board of supervisors of the county of [the name of the county]," except in cases where other county officers shall be authorized by law to sue in their name of office for the benefit of the county.' (459.) SEC. 28. In all legal proceedings against the board of Process in prosupervisors, the process shall be served on the chairman or clerk counties, on of the board. And whenever any suit or proceeding shall be commenced, it shall be the duty of such chairman or clerk to notify the prosecuting attorney thereof, and to lay before the board of supervisors, at their next meeting, all the information he may have in regard to such suit or proceeding. ceedings against whom to be served; duty of chairman, etc. witnesses and (460.) SEC. 29. On the trial of every action in which a county who competent shall be interested, the electors and inhabitants of such county jurors. shall be competent witnesses and jurors. (461.) SEC. 30. Any action in favor of a county which, if prose- what actions cuted by an individual, could be prosecuted before a justice of the cuted before a may be prosejustice. 1 See section one, article ten, of the Constitution, which provides that "All suits and proceedings by or against a county shall be in the name thereof." Costs. Proceedings to collect judgment supervisors, etc. 8 Mich. 378. peace, may be prosecuted by such county in like manner before any such justice. (462.) SEC. 31. In all suits and proceedings prosecuted by or against counties, or by or against county officers in their name of office, costs shall be recoverable as in like cases against individuals. (463.) SEC. 32. When judgment shall be recovered against the against board of board of supervisors or against any county officer in an action prosecuted by or against him in his name of office, no execution shall be awarded or issued upon such judgment, but the same, unless reversed, shall be levied and collected as other county charges, and, when so collected, shall be paid by the county treasurer to the person to whom the same shall have been adjudged, upon the delivery of a proper voucher therefor. Board of superagent to preempt PREEMPTION OF LAND FOR SEAT OF JUSTICE. An Act to enable the several counties of this State to locate by preemption certain [Approved July 25, 1836. Laws of 1836, p. 64.] (464.) SECTION 1. Be it enacted by the Senate and House of Repvisors to appoint resentatives of the State of Michigan, That the board of supervisors land for seat of of each and every county in this State, now organized or hereafter justice. Appointment to be recorded. Treasurer to pay agent price of land. to be organized, be and they are hereby authorized and required to appoint in writing, under their hands and seals, the county treasurer, or some other fit and proper person, to locate for the use of said county, one quarter section of land in accordance with an act of Congress passed May twenty-sixth, one thousand eight hundred and twenty-four, entitled "An act granting to the counties or parishes of each State and Territory of the United States in which the public lands are situated, the right of preemption to quarter sections of land for seats of justice within the same." (465.) SEC. 2. That it shall be the duty of the register of deeds in each and every county to record, without fee, the written appointment so made as aforesaid, whenever the same shall be for that purpose presented to him at his office, and that said written appointment, when so recorded as aforesaid, shall be a sufficient requisition upon the county treasurer for the person so appointed. to demand and receive from the treasurer thereof a sum equal in 1 See note 1 of preceding page. amount to the minimum price for which one quarter section of public lands of the United States are sold. money for the (466.) SEC. 3. The board of supervisors of each and every of Board may loan said counties be, and they are hereby authorized to loan, on the purchase. credit of their county, the sum of two hundred dollars for the purchase of lands, agreeably to the provisions of the first section of this act. An Act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative, and legislative powers. [Approved and took effect April 8, 1851. Laws of 1851, p. 231.] (467.) SECTION 1. The People of the State of Michigan enact, Annual and special meetings That the supervisors of the several townships and cities in each of 15 Mich. 146. the counties in this State, shall meet annually in their respective counties, for the transaction of business as a board of supervisors. They may also hold special meetings when necessary, at such times and places as they may find convenient, and shall have power to adjourn from time to time as they may deem necessary. The annual meetings of the board of supervisors shall be held on the second Monday of October in each year, at the court-house in their respective counties, if there be one; and if there be none, then at some place at the county seat, if there be one; and if no county seat be established, then at such place in the county as the clerk of such county may appoint, of which such clerk shall give three weeks' public notice by publishing the same in some newspaper printed in said county, if any, and if none, then in the paper nearest thereto. City supervisors. Quorum of board Proceedings at meetings. (468.) SEC. 2. The alderman of each ward of the city of Detroit having the shortest time to serve shall act as supervisor on the board of supervisors; the city of Monroe shall be entitled to one supervisor for each ward, who shall be the assessor thereof respectively, and the city of Grand Rapids shall be entitled to two supervisors. (469.) SEC. 3. A majority of the supervisors of any county shall constitute a quorum for the transaction of the ordinary business of the county, and all questions which shall arise at their meetings shall be determined by the votes of a majority of the supervisors present, except upon the final passage or adoption of any measure or resolution, in which case a majority of all the members elect shall be necessary. They shall sit with open doors, and all persons may attend their meetings. They shall, at their first meeting after the annual township meeting in each year, choose one of their number as chairman, who shall preside at all meetings of the board during the year, if present, but in case of his absence from any meeting, the members present shall choose one of their number as Powers of chair- temporary chairman. Every chairman shall have power to administer an oath to any person concerning any matter submitted to the board, or connected with the discharge of their duties, to issue subpoenas for witnesses, and to compel their attendance, in the same manner as courts of law.1 man. Clerk; his compensation and duties. (470.) SEC. 4. The county clerk of each county, or in his absence, his deputy, shall be the clerk of the board of supervisors of such county, and shall be allowed for his services as such clerk, a reasonable compensation, to be fixed by the board, and to be paid by the county. It shall be the duty of such clerk: First. To record all the proceedings of such board in a book provided for that purpose; Second. To make regular entries of all their resolutions and decisions upon all questions; Third. To record the vote of each supervisor on any question submitted to the board, if required by any member present; Fourth. To preserve and file all accounts acted upon by the board; Fifth. To certify, under the seal of the circuit court of his county, without charge, copies of any and all resolutions or decisions on any of the proceedings of such board, when required by such board, or any member thereof, or when required by any other person, 1 As amended by Act 195 of Laws of 1863, p. 345. |