Common Jurisdiction of certain Counties. TITLE III. CHAPTER 13. Common jnr's SEC. 6. The counties of Wayne and Monroe shall have jurisdiction, in common, of all offences committed on that part of lake Erie which dietion of Wayne lies within the limits of this state; and such offences may be heard and and Monroe. tried in either of said counties in which legal process against the of fender shall be first issued, and in like manner, and to the same effect, as if such offence had been committed in any other part of either of said counties. SEC. 7. All civil process from either of the counties of Wayne or Civil process Monroe, may run into, and be executed within and upon that lake Erie which lies within the limits of this state. from. part of SEC. 8. The counties of Wayne, Macomb and St. Clair, shall have Common juris diction of Wayne jurisdiction, in common, of all offences committed on that part of lake Macomb and St. St. Clair which lies within the limits of this state; and such offences Clair. may be heard and tried in either of said counties in which legal process against the offender shall be first issued, in like manner, and to the same effect, as if the offence had been committed in any part of either of said counties. from. SEC. 9. All civil process from either of the connties of Wayne, Ma- Civil process comb or St. Clair, may run into, and be executed within and upon that part of lake St. Clair which lies within the limits of this state. diction of Berri and Mackinaw. SEC. 10. The counties of Berrien, Van Buren, Allegan, Ottawa and Common juris Mackinaw, and such other counties as shall hereafter be organized up- en, Van Buren, on the easterly shore of lake Michigan, shall have jurisdiction, in Ailegan, Ottawa, common, of all offences committed on that part of lake Michigan which lies within the limits of this state; and such offences may be heard and tried in either of said counties, in which legal process against the 1841, p. 14, § 1. offender shall be first issued, in like manner, and to the same effect, as if the offence had been committed in any part of either of said counties. Civil process SEC. 11. All civil process from either of the counties of Berrien, Van Buren, Allegan, Ottawa or Mackinaw, or from any such other from. counties as shall hereafter be organized upon the easterly shore of lake Michigan, may run into, and be executed within and upon that 1841, p. 14, § 2. part of lake Michigan, which lies within the limits of this state. aw, Mackinaw SEC. 12. The counties of Saginaw, Mackinaw and St. Clair, and common jurissuch other counties as may hereafter be organized upon the shore of diction of Sagin lake Huron, shall have jurisdiction, in common, of all offences com- and St. Clair. mitted on that part of lake Huron which lies within the limits of this state; and such offences may be heard and tried in either of said counties in which legal process against the offender shall be first issued, in like manner, and to the same effect, as if the offence had been committed in any part of either of said counties. from. SEC. 13. All civil process from either of the counties of Saginaw, Civil process Mackinaw, or St. Clair, or from such other counties as may hereafter be organized upon the shore of lake Huron, may run into, and be executed within and upon that part of lake Huron which lies within the limits of this state. SEC. 14. The county of Chippewa, and such other counties as may Chippewa, &c. hereafter be organized upon the shore of lake Superior, shall have jurisdiction, in common, of all offences committed on that part of lake Superior which lies within the limits of this state; and such offences may be heard and tried in either of such counties in which legal process against the offender shall be first issued, in like manner, and to TITLE III. CHAPTER 13. Civil process, from. Each county to provide suitable buildings. Prison limits. When county shall reimburse sheriff, &c. Certain districts the same effect, as if the offence had been committed in any part of either of said counties. SEC. 15. All civil process from the county of Chippewa, or from such other counties as may hereafter be organized upon the shore of lake Superior, may run into, and be executed within and upon that part of lake Superior which lies within the limits of this state. County Buildings. SEC. 16. Each organized county shall, at its own proper expense, provide a suitable court house, and a suitable and sufficient jail, and fire-proof offices, and all other necessary public buildings, and keep the same in good repair. SEC. 17. The prison limits of each county, shall extend to all places within the boundaries of the county. SEC. 18. In case of the escape of any prisoner, by reason of the insufficiency of the jail, whereby the sheriff, or other officer performing the duties of sheriff, shall be made liable to any party at whose suit such prisoner was committed, the county shall re-imburse and pay all sums of money recovered of the sheriff or such other officer by such party, by reason of such escape. Unorganized Counties. SEC. 19. Unorganized counties and other districts, annexed, or annexed, to be hereafter to be annexed to any organized county for judicial purposes, shall, for every purpose, be deemed to be within the limits of the county to which they are or may be so annexed. deemed part of county. Lands of counties on division. Property, how apportioned on division. Supervisors to meet for settle. ment. Debts to be apportioned. Commissioners to be appointed if supervisors cannot agree. Division of Counties, &c. 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. 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. 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. SEC. 23. Debts owing by a county so divided or altered, 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. SEC. 24. In case of the division or alteration of a county as aforesaid, if the supervisors cannot agree upon a settlement, as provided in this chapter, the supervisors of either of the counties interested may ap ply 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. TITLE III. CHAPTER 13. to meet and SEC. 25. Such commissioners shall meet at such time as they may Commissioners appoint, and after being duly sworn faithfully and impartially to per- make determinaform their duties as such commissioners, shall proceed to examine in- tion. to 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.. counties, &c. SEC. 26. Whenever any controversy or cause of action shall exist, Suits between 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. SEC. 27. In all such suits and proceedings, the name in which the How counties to county shall sue or be sued, shall be " The Board of Supervisors of sue and be sued 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. SEC. 28. In all legal proceedings against the board of supervisors, Process in prothe process shall be served on the chairman or clerk of the board; and ceedings against supervisors, on whenever any such suit or proceeding shall be commenced, it shall be whom to be the duty of such chairman or clerk to notify the prosecuting attorney chairman, &c. served. Duty of 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. witnesses and SEC. 29. On the trial of every action in which a county shall be in- Who competent terested, the electors and inhabitants of such county shall be compe- jurors. tent witnesses and jurors. may be prosecu. tice. SEC. 30. Any action in favor of a county, which, if prosecuted by What actions an individual, could be prosecuted before a justice of the peace, may ted before a jus be prosecuted by such county in like manner, before such justice. any SEC. 31. In all suits and proceedings prosecuted by or against coun- Costs. ties, or by or against county officers in their name of office, costs shall be recoverable as in like cases against individuals. collect judgment against board of supervisors, &c. SEC. 32. When a judgment shall be recovered against the board of Proceedings to 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. CHAPTER 14. OF COUNTY OFFICERS. Of the Board of Supervisors. SECTION 1. The supervisors of the several townships and wards in each of the counties of this state, shall meet annually in their respective counties for the despatch 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. SEC. 2. The annual meetings of the boards of supervisors shall be held on the second Monday of October in each year, at the court house in each county, if there be one, and if there be no court house in the county, then at the place where the last circuit court shall, or ought to have been held. SEC. 3. The board of supervisors of each county in this state, shall have power, at their annnal meetings, or at any other legal meeting, excepting where some other provision is specially made by law, 1. To make such orders concerning the corporate property of the county, as they may deem expedient: 2. To examine, settle and allow all accounts chargeable against such county; and to examine and settle all accounts of the receipts and expenditures of the county; and all accounts against any county, shall be presented to, and settled by, the board of supervisors: 3. To provide for the erection and repairing of court houses, jails, poor houses, and all other necessary public buildings within, and for the use of the county: any 4. To require the county treasurer to cause to be insured, or all the public buildings belonging to the county, in the name of said treasurer and his successors in office: 5. To borrow money for the purpose of erecting and completing the county buildings, and for the building of bridges within the county, in the cases provided for by law : 6. To represent the county, and to have the care of the county property, and the management and business of the county, in all cases where no other provision shall be made : 7. To direct the raising of such moneys as may be necessary to defray the county charges and expenses, and the necessary charges incident upon, or arising from the execution of their lawful authority: and, 8. To perform all other acts and duties which may be authorized and required by law. SEC. 4. The city of Detroit shall be entitled to one supervisor for each ward; and the assessor elected for each ward at the annual charter election of said city, shall be the supervisor of his ward. SEC. 5. A majority of the supervisors of any county shall constitute a quorum for the transaction of business; and all questions which shall arise at their meetings shall be determined by the votes of a majority of the supervisors present. SEC. 6. The boards of supervisors shall sit with open doors, and all persons may attend their meetings. SEC. 7. They shall, at their first meeting in each year, choose one of their number as chairman, who shall preside at such meeting, and at all other meetings, during the year, if present; but in case of his absence from any meeting, the members present shall choose one of their number as a temporary chairman. TITLE III. CHAPTER 14. administer oaths. SEC. 8. Every chairman shall have power to administer an oath to Chairman may any person, concerning any matter submitted to the board, or connected with their powers or duties. borrow money for erection of SEC. 9. Each board of supervisors may borrow, when necessary for supervisors may the erection of public buildings of the county, or the building of bridges therein, any sum of money not exceeding fifteen thousand dollars buildings, &c. in all, at an interest not exceeding seven per cent. per annum, and for a term not less than five, nor more than fifteen years; or may raise the same by a tax; but no board of supervisors shall borrow or raise by a tax for such purposes more than two thousand dollars, unless authorized by a majority of the electors, as is provided in the two next suceeding sections, or by special provision by law. 1845, p. 54. be given that SEC. 10. Whenever the board of supervisors of any county shall, When notice to by a vote or resolution, determine that it is necessary to borrow or vote will be taraise by a tax a greater sum than two thousand dollars for the ken. purposes mentioned in the preceding section, they shall cause a notice thereof to be posted up in three of the most public places in each township within the county, at least thirty days before the next annual election or township meeting, specifying the amount proposed to be borrowed or raised by a tax, and the purpose for which the same is to be expended, and that a vote of the qualified electors of said county will be taken thereon at such annual election or township meeting. SEC. 11. At the time specified in said notice, a vote of such electors Vote of electors and proceedings shall be taken for and against such proposed loan, or tax, as the case thercon. may be, and the votes shall be canvassed by the township canvassers, and the result certified by them, and transmitted to the county clerk within ten days after such vote shall have been taken; and such clerk shall deliver such certified statements to the board of supervisors at their next meeting; and if it shall appear from such certificates, that a majority of said electors have voted for such loan or tax, it shall be the duty of the board of supervisors to borrow or raise as aforesaid the sum specified in their said notice. SEC. 12. Whenever the said board shall have borrowed or raised Moneys to be paid into the by a tax any money as aforesaid, such money shall not be used for any treasury, and other purpose than that for which the same was borrowed or raised; how applied, and such money shall be paid into the county treasury, and may be 1841, p. 49, § 1. drawn therefrom for the purposes aforesaid, in the same manner as other moneys may be drawn from the treasury for the contingent charges of the county. money borrowed SEC. 13. The said board shall provide for the payment of the mo- How payment of neys borrowed by them as above provided, with the interest thereon, to be provided in the same manner as is provided for the payment of the contingent for. expenses of the county. be clerk of board, SEC. 14. The county clerk of each county shall be the clerk of the County clerk to board of supervisors of said county, and shall be allowed for his ser- his compansavices as such clerk, a reasonable compensation, to be fixed by the tion. board, and to be paid by the county. SEC. 15. It shall be the general duty of such clerk, 1. To record in a book to be provided for that purpose, all the proceedings of the board: 2. To make regular entries of all their resolutions and decisions, on all questions concerning the raising of moneys: General duty of clerks. |