County Officers

( Originally Published 1883 )

Counties.—It would not be possible for the different State departments to attend to the public business and the special wants of every part of the State. All that they can do is to superintend the welfare of the State as a whole. Then, again, regulations that might be needed in one part of the State might be unnecessary or detrimental to the interests of another, so that there are certain matters that must necessarily be left to the decision of the people of limited districts of territory. The State is accordingly subdivided into counties and officers are appointed in each county to attend to its more immediate interests. This. division is necessary for three reasons :-

1. The Governor, and other executive State officers, can not personally see to it that the laws are executed and enforced in all parts of the State, without the assistance of local executive officers.

2. The Legislature can not always adopt measures that will meet the special wants of every part of the State. It is necessary that local courts should be established in all parts of the State, so that the rights of every citizen may be the better protected, and justice be more readily administered.

In England, the word shire is equivalent to our word county ; in Prussia, province nearly corresponds to it ; in France, department.

County Officers.—At the general election, when State officers are elected, the following county officers are also elected:

1. Sheriff,

2. Clerk,

3. Treasurer,

4. Register of Deeds,

5. Prosecuting Attorney,

6. Surveyor,

7. Coroners,

8. Circuit Court Commissioners,

9. Probate Judge.

These officers, with the exception of Probate Judge, are elected for two years.

The officers mentioned above, with the exception of Prosecuting Attorney, are required to give bonds to an amount designated by law, for the faithful performance of their duties.

County Seat.—In every county, some town is selected where the business of the county is transacted. This is called the county seat. Here there is a court-house, a jail, county offices, and other public buildings. The county seat stands in about the same relation to the county that the city of Lansing stands to the State.

Sheriff.—The Sheriff is the principal executive officer of the county. He is required,

1. To preserve peace and good order within the county. To do this he may demand the aid of others, and even employ the assistance of any portion of the State troops.

2. To attend all the sessions of the Circuit Court when held within the county, preserve order in the court room, and execute all writs and orders of the court.

3. To take charge of the county jail. He is responsible for the safe keeping of the prisoners confined in the jail.

The Sheriff appoints an under sheriff and deputies to assist him in the performance of his duties. He is held responsible-for their acts.

1. The Sheriff is prohibited by law from holding the office longer than-four years in any period of six years. He does not receive a salary, but he receives certain fees fixed by law.

2. When there is a vacancy in the office of Sheriff, the under sheriff performs the duties of the office, until another Sheriff is elected.

Clerk.—The County Clerk is the clerk of the Board of Supervisors. It is his duty to keep a record of the proceedings of the Board, preserve all accounts acted on by them, and perform such other duties as they may require. He is also clerk of the Circuit Court, when it is held within the county. He is required,

1. To keep a journal of the proceedings of the Circuit Court, and preserve all books and papers belonging to the office ;

2. To administer oaths to Witnesses and jurors ;

3. To keep a record of births, deaths, and marriages ;

4. To draw the grand and petit juries, and to perform various other duties.

The Clerk is required to appoint one or more deputies, and to designate one of them as his successor, in case of a vacancy in the office. He-receives both a salary and fees, the salary being fixed by the Board of Supervisors.

Treasurer.—The Treasurer, among his other duties, is required,

1. To receive and have charge of all money belonging to the county ;

2. To receive from the Township Treasurers the State tax, and pay it over to the State Treasurer ;

3. To conduct the annual sales of lands on which the taxes have not been paid.

Money is paid out of the county treasury on the order of the Board of Supervisors. Money orders are signed by the clerk and countersigned by the chairman of the Board.

1. Moneys paid to the Treasurer on account of fines, forfeitures, penalties, and recognizances, are kept separate and distinct from all other accounts, and credited to the school. library fund, and paid over to the Treasurers of the several townships, according to the number of school children in each township.

2. The Treasurer receives a salary, fixed by the Board of Supervisors, and fees. If there is a vacancy in the office, the deputy performs his duties. The Board of Supervisors may, however, select another Treasurer, if the interests of the county so require.

Register of Deeds.—It is the duty of the Register of Deeds to keep a record of all deeds, mortgages, and other papers which are required by law to be recorded. In this way it can be readily ascertained when property is mortgaged, and to what extent, and whether the legal title is good. All transfers of property and legal instruments are in this way preserved, so that they can easily be referred to at any time, by interested parties.

The Register of Deeds receives a certain amount, prescribed by law, for every one hundred words recorded. He receives other fees, but no salary.

Definitions.—A deed is an instrument in writing, by which real estate is transferred from one person to another.

A mortgage is the conveyance of land to another as security for the payment of a debt.

A title is an instrument which is the evidence of exclusive possession.

Prosecuting Attorney.—The Prosecuting Attorney is the legal officer of the county. It is his principal duty to prosecute all persons who have been guilty of any crime within the county, give legal advice to county officers in the discharge of their duties when so requested, and prosecute and defend all suits in the county in which the county is interested.

The Prosecuting Attorney receives a salary, but no fees. The salary is fixed by the Board of Supervisors.

Surveyor.--The Surveyor makes such surveys in the county as are required by any court or any person residing in the county. He determines the location and boundaries of lands, and keeps a record of all surveys made by himself or his deputies. All surveys are required to be made in accordance with certain principles established by law, so that there may be a uniform system of land surveying in the several counties of the State.

1. The Surveyor and his deputies receive a compensation of not less than four dollars a day and fees.

2. When there is a vacancy in the office, the Prosecuting Attorney and the County Clerk may appoint some one, for the time being, to perform the duties of Surveyor.

Coroners.—Two Coroners are elected in each county to investigate the causes of all sudden and suspicious deaths within the county. When a dead body is found, a coroner's jury of six men is assembled to ascertain, if possible, the cause of the death, and if they have reason to believe that murder has been committed, a verdict to that effect is rendered, and information of the fact is filed with the proper authorities. Their duty is an important one, and is designed to make life more secure. Coroners are sometimes required to perform the duties of a Sheriff. This is when the Sheriff is an interested party in a suit.

A vacancy in the office of Coroner is filled in the same manner as in that of Surveyor. The Coroners receive fees.

Circuit Judge.—A Circuit Judge is elected in what is called a judicial circuit, which usually consists of two or more counties. He goes from one county to another, and at specified times holds a session of the Circuit Court in each county within the limits of his circuit ; so that he may be properly called one of the judicial officers of the county, although he is elected in a district composed of several counties. It is the duty of the Circuit Judge to preside at all sessions of the Circuit Court. He is elected at the spring election in April, for a term of six years.

1. The first circuit consists of the Counties of Lenawee and Hillsdale ; the second of Cass and Berrien ; the third of Wayne; etc.

2. The salary of a Circuit Judge is two thousand five hundred dollars annually, without any fees or perquisites whatever.

Circuit Court Commissioners.—In each county of the State there is a Circuit Court Commissioner, and in some of the larger counties there are two. They are authorized to perform all the duties and execute all the powers, in all civil cases, which a Circuit Judge may perform and execute out of court, subject, however, to certain limitations. They may, in other words, perform many of the duties that a Circuit Judge would be obliged to perform, if it were not for their assistance.

1. Testimony in a chancery suit may be taken by a Circuit Court Commissioner, and injunctions may also be granted by this officer. Circuit Court Commissioners receive fees, not a salary.

2. In counties containing a population of twenty thousand inhabitants, two Circuit Court Commissioners are required to be elected.

3. The Governor is authorized to fill any vacancy in this office.

Probate Judge.—In each county, a Probate Judge is elected for a term of four years. The election occurs at the same time as that of Sheriff, Clerk, Treasurer, etc., with this difference, that a Probate Judge is elected once in four years, while other county officers are elected every two years. The Pro bate Judge has jurisdiction over all matters pertaining to the settlement of the estates of deceased persons.

1. His salary is fixed by the Board of Supervisors. The salary can not exceed fifteen hundred dollars, except in the county of Wayne where the salary of the Judge of Probate is two thousand seven hundred and fifty dollars.

2. The Governor is authorized to fill any vacancy in the office of Probate Judge.

Board of Supervisors.—In each county there, is a county Board of Supervisors, consisting of one Supervisor from each township, and one from each ward of a city. The Board of Supervisors is a legislative body. They are the representatives of the county, and they adopt measures for its general welfare. It is their duty,

1. To have general care and supervision of the county buildings, as the court-house, jail, etc. ;

2. To provide for the raising of money to meet the current expenses of the county, and fix the salaries of certain county officers, as Clerk, Treasurer, Prosecuting Attorney, Probate Judge ;

3. To apportion the State and county tax among the several townships;

4. To equalize the taxes "among the townships of the county;

5 To examine and settle all claims against the county, and order the payment of those that are just ;

6. To divide the county into representative districts ;

7. To form new townships and alter the boundaries of others.

In Wayne county there is a Board of County Auditors, as well as a Board of Supervisors. The Board of Auditors perform all the duties that are usually performed by a Board of Supervisors, except those relating to taxes. The equalizing of the taxes among the several townships, the apportionment of the State and county tax, and all other matters connected with the assessment and collection of taxes, are powers exercised by the Board of Supervisors.

Superintendents of the Poor.—In every county, three Superintendents of the Poor are elected by the Board of Supervisors. They have,

1. The care of the poor of the county ;

2. The general management of the county poor-house, and the appointment of a keeper and other necessary officers.

The Superintendents of the Poor are also inspectors of jails.

The Superintendents are elected for three years, one being elected each year. The Board of Supervisors allow them such a sum for the performance of their duties as they deem proper.

The Poor.—Poor persons needing relief are usually supported at the expense of the county in which they reside. When a poor person needs only temporary relief, a Superintendent of the Poor or a Supervisor is authorized to supply his immediate necessities. If, however, it is evident, on examination, that a person is unable to support himself, and that he needs permanent relief, he is sent to the county poor-house, and supported at the expense of the county, under the direction of the Superintendents of the Poor.

Township and County Poor.—In a few counties of the State, there is a distinction made between township poor and county poor. If a poor person has resided in a township for one year, he is said to have gained a settlement in the township, and if he needs relief, it is furnished at the expense of the township. If such a person has not gained a legal settlement, he is supported at the expense of the county.

COUNTY OFFICERS.

EXECUTIVE

Sheriff,

Clerk,

Treasurer,

Register of Deeds,

Prosecuting Attorney,

Surveyor,

Coroner,

Superintendents of the Poor.

JUDICIAL

Circuit Judge,

Circuit Court Commissioners,

Probate Judge.

LEGISLATIVE.