DIVISION OF COUNTIES, ETC.

on division.

(319.) SEC. 20. When a county seized of lands shall be Lands of Counties 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.

apportioned

од

(320.) SEC. 21. When a county possessed of, or entitled to Property, how money, rights, credits, things in action, or personal property, division. 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. (321.) SEC. 22. The Supervisors aforesaid shall meet for the Supervisors to purpose of such settlement, at such time as shall be prescribed ment. 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.

meet for settle

portioned.

(322.) SEC. 23. Debts owing by a county so divided or Debts to be apaltered, shall be apportioned in the manner prescribed in section twenty-one of this chapter, and each county shall thereafter be charged therewith, according to such equitable apportionment.

a commissioners to

a

(323.) SEC. 24. In case of the division or alteration of county as aforesaid, if the Supervisors cannot agree upon 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.

be appointed if

Supervisors can

not agree.

meet and make

(324.) SEC. 25. Such Commissioners shall meet at such time commissioners to as they may appoint, and after being duly sworn faithfully determination. and impartially 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.

Suits between

Counties, etc.

How Counties to sue and be sued.

Process in proceedings against

whom to be

chairman, etc.

(325.) SEC. 26. Whenever any controversy or cause of action 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.

(326.) SEC. 27. In all such suits and proceedings, the name in 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. (a)

(327.) SEC. 28. In all legal proceedings (b) against the Board Counties on of Supervisors, the process shall be served on the chairman or served; Duty of clerk 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.

Who competent
Witnesses and
Jurors.

What actions

may be prosecu

tice.

(328.) SEC. 29. On the trial of every action in which a county shall be interested, the electors and inhabitants of such county shall be competent witnesses and jurors.

(329.) SEC. 30. Any action in favor of a county, which, if ted before a Jus-prosecuted by an individual, could be prosecuted before a Justice of the Peace, may be prosecuted by such county in like manner, before any such Justice.

(a) 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."

(b) See last note.

(330.) SEC. 31. In all suits and proceedings prosecuted by Costs. or against counties, or by or against county officers in their name of office, costs shall be recoverable as in like cases against individuals.

collect judgment

Supervisors, etc.

(331.) SEC. 32. When judgment shall be recovered against Proceedings to the Board of Supervisors (c) or against any county officer in against Board of 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.

PREEMPTION OF LAND FOR SEAT OF JUSTICE.

An Act to Enable the Several Counties of this State to Locate by Preemption Certain Public

Lands.

[Approved July 25, 1836. Laws of 1836, p. 64.]

sors to appoint

empt land for

(332.) SECTION 1. Be it enacted by the Senate and House of Board of Supervi Representatives of the State of Michigan, That the Board of Agent to preSupervisors of each and every county in this State, now organ- Seat of Justice. ized or hereafter 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 twentyfour, 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 pre-emption to quarter sections of land for Seats of Justice within the same."

be recorded.

(333.) SEC. 2. That it shall be the duty of the Register of Appointment to 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 Treasurer to pay the person so appointed to demand and receive from the Agent price of Treasurer thereof a sum equal in amount to the minimum price

(c) See note (a).

Board may loan money for the

purchase.

for which one quarter section of public lands of the United States are sold.

(334.) SEC. 3. The Board of Supervisors of each and every of said counties be, and they are hereby authorized to loan, on the 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.

337. Quorum of Board; Proceedings at Meetings.

338. Clerk; his compensation and duties.

389. Records, to be kept by Clerk.

340. Board to examine Treasurer's Accounts.

341. Repairs of Public Buildings.

342. Cells for Convicts.

343. Annual Reports.

344. Special Meetings.

345. General Powers of Board.

346. When two-thirds vote required.

347. Division of County into Representative Dis-
tricts.

348. Board may divide or alter Boundaries of
Townships; Publication of Proceedings
thereon with laws.

349. Notice of Application, how to be given.
350. Proceedings on organization of new Town-
ships.

351. Removal of County Seats.

352. Proposition to be submitted to the People.
353. Manner of Voting on Proposition.

354. Mode of submitting Loan or Tax to a Vote

of the People.

355. Powers of Board with repect to Streams.
356, 357, 358. Powers with respect to Dams and
Bridges.

359, 360, 361. Powers with respect to Roads.
362. Damages on laying out, etc., of Roads.
363. Record of Orders of Board.

SECTION

364. Compensation of Members.
365. Forfeiture for Neglect of Duties.
366. Powers under other Laws not abridged.

367. Chapter 14 of R. S., repealed in part.
368. Certain Acts repealed.

COUNTY AUDITORS OF WAYNE COUNTY.

369. Board of County Auditors; Annual Election. Election by Board of Supervisors; Term of Office.

370. Meetings of Board.

371. Powers and Duties.

372. Powers and Duties of Board of Supervisors for County of Wayne.

373. Auditors to report amount of Tax necessary to be raised.

374. Appeal, how taken.

375. Clerk of Board of Auditors; his duties. 376. Compensation of Auditors.

COUNTY TREASURER.

377. County Treasurer elected for two years: to give Bond.

378. Bond to be given to Supervisors, its condition.

379. Deputy.

380. Office, how supplied in case of vacancy,

etc.

381. Who not to be Treasurer.

382. Treasurer to receive and pay Moneys.
383. To exhibit Books, etc., to Supervisors.
384. Moneys, etc., to be delivered to successor.