TITLE III. CHAPTER 14. Surveys, how made. Chainmen, &c., to be sworn. Variation from meridian to be stated. Compensation to 1845, p. 65. Notarles public, cords and files of his office, and the boards of supervisors of the several counties shall respectively audit and allow to the persons entitled thereto, such sum as they shall deem a reasonable compensation for the expense of the books containing such records. SEC. 103. It shall be the duty of each county surveyor, in subdividing any section, or part of a section of land, originally surveyed under the authority of the United States, to make his survey in conformity to the original survey, and where any parcel of land is described as being one-half, or one-quarter, or any other equal portion of a quarter section, and the subdivision lines of such parcel shall not have been before established, the same shall be surveyed and subdivided in such manner as to include the equal portion of the quarter section so described. SEC. 104. Every chainman and marker, employed in making surveys pursuant to the provisions of this chapter, shall first take an oath that he will faithfully discharge his duties as such, which oath the county surveyor or the deputy making the survey is hereby authorized to administer. SEC. 105. In all surveys made as aforesaid, except such as are made for a temporary purpose, the course shall be stated according to the true meridian; and the variation of the magnectic meridian from the true meridian shall also be stated, with the day, month and year when the survey was made. SEC. 106. The county surveyors and their deputies shall respectively be entitled to receive for their services a compensation not exceeding three dollars a day, including the time of travelling to and from the place of making the survey, and fifty cents for recording each survey, to be paid by the person for whom the services are rendered; and for each plat and certificate, or a copy thereof, fifty cents, to be paid by the person requesting the same. Notaries Public. SEC. 107. The governor, by and with the advice and consent of the how appointed. senate, may appoint or one more notaries public in each county, who shall hold their offices respectively for four years, unless sooner removed by the governor. Commission to be transmitted. 1842, p. 77. Oath of office. SEC. 108. Whenever the governor shall appoint a notary public, the secretary of state shall transmit his commission to the clerk of the county for which such notary was appointed; and the county clerk on receiving such commission, shall give notice thereof to the person so appointed. SEC. 109. The person so appointed shall, before entering upon the duties of his office, and within twenty days after receiving notice of 1842, p. 77, § 3. his appointment, appear before the county clerk and take the oath of office prescribed by the constitution, and the said clerk shall file and preserve the same in his office. Notary to give bond. SEC. 110. Each notary public shall also, before entering upon the duties of his office, and within the time limited for filing his official oath, give bond to the people of this state, with one or more sureties to be approved by the county clerk, in the penal sum of one thousand dollars, the condition of which bond shall be that such notary shall duly and faithfully discharge the duties of his office, and he shall file same with said clerk. SEC. 111. Upon the filing of the official oath and bond as required in TITLE III. CHAPTER 14. the two next preceding sections, the clerk shall 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 Clerk to deliver and bond, and of the time of filing the same. commission on filing bond. SEC. 112. Notaries public shall have authority to take the proof and ac- 1842, p. 77, § 4. knowledgments of deeds; to administer oaths, and take affidavits in any Powers. matter or cause pending, or to be commenced or moved in any court of this state; to demand acceptance of foreign and inland bills of exchange, and of promissory notes, and to protest the same for non-acceptance, or non-payment, as the case may require; and to exercise such other powers and duties, as by the law of nations, and according to commercial usage, or by the laws of any other state, government or country, may be performed by notaries public. Whon certificate dence. SEC. 113. In all the courts of this state the certificate of a notary pub- of notary to be lic, under his hand and seal of office, of official acts done by him as presumptive evisuch notary, shall be received as presumptive evidence of the facts contained in such certificate; but such certificate shall not be evidence 3 Kent's com., 93 of notice of non-acceptance or non-payment in any case in which a nessce, 1836, p. defendant shall annex to his plea, an affidavit denying the fact of hav- 502, § 1-5. ing received such notice. statutes of Ten papers, &c., to with county SEC. 114. Whenever the office of any notary public shall become When office of vacant, the records of such notary and all the papers relating to his notary vacated, office, shall be deposited in the office of the clerk of the proper coun- be deposited ty; and any notary, who, on his resignation or removal from office, clerk. shall neglect, for the space of three months, to deposite such records and papers, and any executor administrator of any deceased notary Penalty for nogpublic who shall neglect, for the space of three months after his appointment, to deposite with said clerk all such records and papers as shall come to his hands, shall forfeit and pay a sum not less than fifty dollars, nor more than two hundred dollars. lect. cealing papera. SEC. 115. If any person shall knowingly destroy, deface, or conceal Penalty for deany records or papers belong to the office of a notary public, he shall stroying or conforfeit 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. papers, un SEC. 116. The county clerk shall receive and safely keep all the records and papers of notaries public, directed to be deposited in his office, and shall give certified copies of such records and der 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. SEC. 117. Notaries public shall reside in the county for which they where notaries are appointed, but they may act as such notaries in any part of this to reside. state; and they shall receive for their services such fees as are provi vided by law. Filing Oaths and Bonds by County Officers. SEC. 118. Each of the officers named in this chapter, except nota- Certain officers ries public and prosecuting attorneys, shall, before entering upon the to take oath, &c. 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 TITLE III. CHAPTER 14. Official bonds, when to be de-' posited with authorized by law to administer oaths, and deposite the same with the clerk of the proper county, who shall file and preserve the same in his office. SEC. 119. Each of the said officers of whom a bond shall be required by law, except the said treasurer, before entering upon the county treasurer. duties of his office, and within the time limited in the last preceding lect. section for depositing his oath, shall deposite 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 deposite his bond with the clerk of the county, who shall file and preserve the same in his office. SEC. 120. If either of the said officers shall neglect to deposite his Penalty for neg 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. SEC. 121. No penalty shall attach on account of any neglect to deNo penalty to attach when notice posite such oath or bond as aforesaid, in case such officer, before engiven. tering 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. Commission of be transmitted. SEC. 122. Whenever the governor shall appoint a prosecuting atpros. attorney to torney, the secretary of state shall transmit his commission to the clerk of the county for which such prosecuting attorney was appointed, and the county clerk on receiving such commission, shall immediately give notice thereof to the person so appointed. Clerk to give notice. Person appointed to take oath before clerk. Regular term of county officers, when to commence. In case of elec. tion to fill vacan ay. SEC. 123. The person so appointed shall, before entering upon the duties of his office, and within twenty days after 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. SEC. 124. The regular terms of office of the several county officers elected at the general election, shall commence on the first Monday of January succeeding their election; but those elected at the general election, or at a special election, to fill vacancies, may qualify and enter upon the execution of their offices immediately after being notified of their election. CHAPTER 15. OF RESIGNATIONS, VACANCIES, AND REMOVALS, AND OF SUPPLYING VACANCIES. Resignations. 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. TITLE III. CHAPTER 15. Resignations, to whom made. made. SEC. 2. It shall be the duty of all officers, bodies, or boards to Duties of officers whom the resignation of any office contemplated in the last prece- &c., to whom reding section, is authorized to be made, or who are authorized to fill signations are 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. SEC. 3. Every office shall become vacant, on the happening of eith- What events to er of the following events, before the expiration of the term of such create vacancy. 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. His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposite such oath or bond, within the time prescribed by law: or, 7. The decision of a competent tribunal, declaring void his election or appointment. Removals from Office. Certain officers SEC. 4. The secretary of state, auditor general, and all state and county officers, except the state treasurer, and judges of the supreme may be removed 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 for neglect. TITLE III. CHAPTER 15. Persons appointed to fill vacancy may be removed. When governor may remove county and township officers. 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. SEC. 5. All officers who are or shall be appointed by the governor to fill a vacancy which shall have existed during the recess of the legislature, may be removed by the governor. SEC. 6. The governor shall remove all county officers 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 atSEC. 7. The governor may direct the prosecuting attorney of the torney to conduct examinations, &c county in which such officer may be, unless such prosecuting attorney be the officer charged, to conduct an inquiry into the charges made; and such prosecuting attorney shall thereupon give at least eight days' notice to the officer accused, of the time and place at which he will proceed to the examination of witnesses in relation to such charges, before some county judge for the same county; and he shall also, at the time of giving such notice, serve on the officer accused, a copy of such charges. Subpoenas, and enforcing obedience thereto. SEC. 8. The prosecuting attorney may issue subpoenas, signed by him with his name of office, to compel the attendance of any witness whom he shall deem material, before the county judge of the county, and such judge shall have the same power to enforce obedience to such subpoena, by attachment, and to commit any person who shall refuse to be sworn, or to answer, as the circuit court would have in a civil cause pending therein. SEC. 9. On the application of the officer accused, to the prosecuting attorney, or to any justice of the peace, he shall be entitled to the like process of subpoena, obedience to which may be enforced in the same manner as provided in the last preceding section, by the judge before whom the inquiry may be conducted. SEC. 10. At the time and place therefor specified in the notice, the judge before whom such inquiry shall be conducted, shall proceed to take [the] testimony of the witnesses produced before him by the prosecuting attorney, and by the officer accused, which witnesses shall be sworn by such judge; and every answer given by them to any question which either party shall require to be reduced to writing, shall be written by, or under the direction of such judge; their testimoney shall then be read to, and subscribed by them, and shall be certified by the judge taking the same, and delivered to the prosecuting attorney, who shall transmit the same to the governor. SEC. 11. Whenever charges shall be made against any prosecuting attorney as provided in section seven (six) of this chapter, the governor shall direct the attorney general, or the prosecuting attorney of |