stroying or con Penalty for de- (463.) SEC. 115. If any person shall knowingly destroy, ceating papers. deface or conceal any records or papers belonging to the office of a Notary Public, he shall forfeit and pay a sum not exceeding five hundred dollars; and such person shall also be liable to an action for damages at the suit of the party injured. County Clerk to keep Records, pies required. (464.) SEC. 116. The County Clerk shall receive, and safely etc., and give co keep, all there cords and papers of Notaries Public, directed to be deposited in his office, and shall give certified copies of such records and papers, under his hand and seal, when required; and for such copies he shall receive the same fees as are by law allowed to Notaries Public; and copies so given by said clerk shall be as valid and effectual as if given by a Notary Public. to reside, and Where Notaries (465.) SEC. 117. Notaries Public shall reside in the county where may act. 2 for which they are appointed, but they may act as such Notaries in any part of this State; and they shall receive for their services such fees as are provided by law. Fees. FILING OATHS AND BONDS BY COUNTY OFFICERS. take oath, etc. Certain officers to (466.) SEC. 118. Each of the officers named in this chapter, except Notaries Public and Prosecuting Attorneys, shall, before entering upon the duties of his office, and within twenty days after receiving official notice of his election, or within twenty days after the commencement of the term for which he was elected, take and subscribe the oath of office prescribed by the Constitution of this State, before some officer authorized by law to administer oaths, and deposit the same with the clerk of the proper county, who shall file and preserve the same in his office. Official bonds, when to be depos Treasurer. (467.) SEC. 119. Each of the said officers of whom a bond ed with County shall be required by law, except the said Treasurer, before entering upon the duties of his office, and within the time limited in the last preceding section for depositing his oath, shall deposit his bond with the said Treasurer, who shall file and preserve the same in his office; and the said Treasurer, before entering upon the duties of his office, and within the time limited in the preceding section for depositing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office. glect. (468.) SEC. 120. If either of the said officers shall neglect to Penalty for ne deposit his oath or bond according to the provisions of the two last preceding sections, without giving the notice specified in the next section, or if he shall enter upon the execution of his office before he shall have so deposited his said oath or bond, he shall, in either case, forfeit and pay one hundred dollars. tach when notice (469.) SEC. 121. No penalty shall attach on account of any No penalty to atneglect to deposit such oath or bond as aforesaid, in case such given. officer, before entering upon the execution of his office, and within the time limited for filing such oath or bond, shall give notice in writing to the officer or officers having the power by law to order an election to fill such office, or to fill the same by appointment, stating therein that he declines accepting such office. Prosecuting At transmitted. (470.) SEC. 122. Whenever the Governor shall appoint a Commission of Prosecuting Attorney, the Secretary of State shall transmit torney to be his commission to the clerk of the county for which such Prosecuting Attorney was appointed, and the County Clerk, on Clerk to give receiving such commission, shall immediately give notice thereof to the person so appointed. notice. ed to take oath (471.) SEC. 123. The person so appointed shall, before enter- Person appointing upon the duties of his office, and within twenty days after before clerk. receiving notice of his appointment, appear before the County Clerk, and take and subscribe the oath of office prescribed by the Constitution, and file the same with the clerk, who shall thereupon deliver to the person so appointed the commission received by him for such person, and shall thereupon give notice to the Secretary of State of the filing of such oath, and of the time of filing the same. County officers, when to commence. (472.) SEC. 124. The regular terms of office of the several Regular term of county officers elected at the general election, shall commence on the first Monday (i) of January succeeding their election; but those elected at the general election, or at a special elec- In case of election, to fill vacancies, may qualify and enter upon the execution cy. of their offices immediately after being notified of their election. tion to fill vacan (i) First day of January, by Section Twenty-Eight of Schedule to Constitution. CHAPTER XI. OF RESIGNATIONS, VACANCIES AND REMOVALS FROM OFFICE, Resignations, to whom made. (473.) SECTION 1. Resignations shall be made as follows: 1. By the Governor, Lieutenant Governor, and all officers elected by joint vote of the Senate and House of Representatives; to the Legislature: 2. By officers appointed by the Governor alone, or by the Governor, by and with the advice and consent of the Senate, or both branches of the Legislature; to the Governor: 3. By Senators and Representatives, to the presiding officers of their respective houses, who shall immediately transmit the same to the Governor: 4. By all other officers who hold their offices by election, except officers elected at township meetings; to the officer or officers respectively authorized by law to order a special election to fill such offices respectively: 5. By all other officers holding their offices by appointment, and not by election; to the body, board, or officer that appointed them. etc., to whom made. (474.) SEC. 2. It shall be the duty of all officers, bodies, or Duties of officers boards, to whom the resignation of any office contemplated in resignations are the last preceding section, is authorized to be made, or who are authorized to fill any vacancy in any of said offices, or to order a special election therefor, when duly informed of the existence of such vacancy, to cause to be filed in the office of the Secretary of State a statement of the occurrence, with the date and cause of such vacancy. VACANCIES. create vacancy. (475.) SEC. 3. Every office shall become vacant, on the What events to happening of either of the following events, before the expi ration of the term of such office: 1. The death of the incumbent; 2. His resignation; 3. His removal from office; 4. His ceasing to be an inhabitant of this State; or, if the office be local, of the district, county, township, city or village, for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; 5. His conviction of any infamous crime, or of any offence involving a violation of his oath of office; 6. The decision of a competent tribunal, declaring void his election or appointment; or, 7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, 3 Gilman, 59. That the Supervisor of any township, in which the office of a Township Treasurer or Justice of the Peace may become vacated by operation of this act, shall immediately transmit to the County Clerk of the county in which such Township Treasurer or Justice of the Peace resides, a notice in writing, officially signed by him, informing the County Clerk that the office of such Township Treasurer or Justice of the Peace is vacated. (a) REMOVALS FROM OFFICE. Certain officers may be removed for neglect. Persons appointed to fill vacancy (476.) SEC. 4. The Secretary of State, Auditor General, and all State and county officers, except the State Treasurer, and Judges of the Supreme and Circuit Courts, who are, or shall be appointed by the Governor alone, or by the Governor, by and 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, may, for official misconduct, or habitual or wilful neglect of duty, at any time during the recess of the Legislature, be removed, and the vacancy supplied during such recess, by the Governor. (477.) SEC. 5. All officers who are, or shall be appointed by may be removed. the Governor to fill a vacancy which shall have existed during the recess of the Legislature, may be removed by the Gov may remove ship officers. ernor. When Governor (478.) SEC. 6. The Governor shall remove all county officers County and Town- chosen by the electors of any county, or appointed by him, except County Judges, Judges of Probate and County Clerks, and shall also remove all Justices of the Peace and township officers chosen by the electors of any township, when in his opinion such officer is incompetent to execute properly the duties of his office; or when he is satisfied that such officer has been guilty of official misconduct, or of wilful or habitual neglect of duty, if in his opinion such misconduct or neglect shall be sufficient cause for such removal; but no such officer shall be removed for such misconduct or neglect, unless charges thereof shall have been exhibited to the Governor, and a copy of the same served upon such officer, and an opportunity given him of being heard in his defence. Prosecuting At torney to con (479.) SEC. 7. The Governor may direct the Prosecuting duct examina Attorney of the county in which such officer may be, unless such Prosecuting Attorney be the officer charged, to conduct tions, etc. (a) As amended by "An Act to amend Sections Three, Fourteen and Fifteen, of Chapter Fifteen of the Revised Statutes of 1846, in relation to Vacancies in Office." Approved June 27, 1851. Laws of 1851, p. 278. |