TITLE III. CHAPTER 15.

some county adjoining that in which the accused resides, or some other attorney at law, to conduct the inquiry into such charges; and such officer or attorney, when so directed, shall have and exercise the same powers to conduct such inquiry, and shall proceed therein in the same 1840, p. 36. manner, as the prosecuting attorney of the proper county is authorized and required to do in other cases.

clerk.

SEC. 12. The judge of the circuit court and the county judge shall When judges have authority, in term time or in vacation, to remove the county clerk, may remove when in their opinion he is incompetent to execute properly the duties of his office; or when on charges and evidence they shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if, in their opinion such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said judges, and notice of the hearing, with a copy of the charges delivered to such clerk, and a full opportunity given him to be heard in his defence.

SEC. 13. The office of state treasurer, commissioner of the land of- When governor may declare cerfice, or of any other collector or receiver of public moneys, appoint- tain offices vaed by the legislature, by the governor alone, or by the governor, by cant. and with the advice and consent of the senate, or of both branches of the legislature, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the governor, in case it shall appear to him on sufficient proofs that such treasurer, commissioner or other officer, has in any particular wilfully violated his duty.

Supplying Vacancies.

fill certain vacan

ture.

SEC. 14. When, during the recess of the legislature, there shall be Governor may in either of the offices to be appointed by the governor alone, or by cies during rethe governor, by and with the advice and consent of the senate, or of cess of legisla both branches of the legislature, or by the legislature without the concurrence of the governor, no officer duly authorized to execute the duties thereof; some suitable person may be selected and appointed by the governor to perform the duties of either of said offices for the time being.

may fill vacan

SEC. 15. When, at any time, there shall be in either of the offices When judges of sheriff, coroner, county clerk, register of deeds, or county survey- cies. or, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the county judge and second judge of the county, to perform the duties of either of said offices for the time being.

cy to comply

SEC. 16. Each of the persons appointed in pursuance of either of Persons appointhe two last preceding sections, shall, before proceeding to execute ted to fill vacan the duties assigned him, comply with such conditions and directions with directions, as shall be prescribed and given relative to oaths and bonds, by the &c. officer or officers appointing him as aforesaid.

SEC. 17. All officers appointed by the governor during the recess Officers appointof the legislature, shall continue to exercise the duties of their re- ed by governor during recess, spective offices until the close of the next succeeding session, unless how long to hold. others shall be appointed in their stead by competent authority, and shall have entered upon the discharge of their respective duties.

TITLE IV.

CHAPTER 16.

TITLE IV.

OF TOWNSHIPS AND TOWNSHIP OFFICERS.

Chapter 16.

Chapter 17.

Of the Powers and Duties of Townships, and Election and Duties of Township Officers.

Of the Division of Townships.

Chapter 18. Of Fences and Fence Viewers; of Pounds and the Impounding of Cattle, &c.

Chapter 19. Of Penalties for violating Election Laws.

Boundaries of townships.

Inhabitants of

townships to be a body corporate and may hold and dispose of real estate, &c.

May raise money, for what purposes.

Orders and bylaws.

Penalties.

By-laws to be published.

CHAPTER 16.

OF THE POWERS and duties of tOWNSHIPS, AND ELECTION AND DUTIES
OF TOWSHIP OFFICERS.

SECTION 1. The limits and boundary lines of every organized township shall remain as now established, until otherwise provided by law.

Powers and Duties of Townships.

SEC. 2. The inhabitants of each organized township shall be a body corporate, and as such, may sue and be sued, and may appoint all necessary agents and attorneys in that behalf; and shall have power to purchase and hold real and personal estate for the public use of the inhabitants, and to convey, alienate and dispose of the same; and to make all contracts that may be necessary and convenient for the exercise of their corporate powers, and any orders for the disposal of their corporate property which they may judge expedient.

SEC. 3. The inhabitants of each township shall have power, at any legal meeting, by a vote of the qualified electors thereof, to grant and vote such sums of money, not exceeding such amounts as are or may be limited by law, as they shall deem necessary for defraying all proper charges and expenses arising in the township.

SEC. 4. The inhabitants of each township may, at any legal meeting, by a vote of the qualified electors thereof, make all such orders and by-laws for determining the time and manner in which cattle, horses, swine, sheep and other animals shall be restrained from going at large in the highways, and for directing and managing the prudential affairs of the township, as they shall judge most conducive to the peace, welfare and good order thereof.

SEC. 5. They may annex to such orders and by-laws suitable penalties, not exceeding ten dollars for any one breach thereof, to be recovered by complaint before any justice of the peace of the township or county where the offence shall have been committed.

SEC. 6. The by-laws of any township shall, before the same shall take effect, be published, by posting up copies thereof in three of the

most public places in the township; and such by-laws, duly made and published, shall be binding upon all persons coming within the limits of the township, as well as upon the inhabitants thereof.

TITLE IV CHAPTER 16.

Conveyances made for use of

SEC. 7. All suits, acts or proceedings, by or against a township, in Suits, &c. its corporate capacity, shall be in the name of such township; but every conveyance of lands within the limits of such township, made in any manner, for the use or benefit of its inhabitants, shall have the township. same effect as if made to the township by name.

Township Meetings.

SEC. 8. The annual meeting of each township shall be held on the Annual meeting, first Monday of April in each year; and at such meeting there shall when held. be an election for the following officers: One supervisor, one township clerk, one treasurer, one school inspector, two directors of the poor, two assessors, if the qualified electors present at the opening of the meeting shall so determine by vote, one commissioner of highways, so many justices of the peace as there are by law to be elected Officers to be in the township, and so many constables as shall be ordered by the meeting, not exceeding four in number.

elected.

SEC. 9. Each of the officers named in the last preceding section, Officers to be shall be chosen by ballot; and before proceeding to choose the offi- chosen by ballot. cers hereinafter directed to be chosen at such meeting.

chosen viva voce.

SEC. 10. There shall also be elected at such meeting, to be chosen officers to be viva voce, or in such manner as the meeting may direct, one overseer of highways for each road district, and as many pound masters as the meeting may direct.

Term of office

SEC. 11. Justices of the peace shall severally hold their offices for four years, except when elected to fill a vacancy in office occurring of justices. before the expiration of the legal term of four years, and when elected to fill such vacancy, they shall hold during the unexpired portion of such term; Provided, that when there shall have been no previous election and classification of justices of the peace in any township pursuant to the sixth article of the constitution of this state, the justices elected at such meeting shall be classed and divided by lot, respectively, for one, two, three, or four years, and shall severally hold their offices accordingly.

commissioners of

SEC. 12. Each commissioner of highways shall hold his office for Term of office of three years, and until his successor shall be elected and qualified, ex- highways. cept when elected to fill a vacancy, in which case he shall hold during the unexpired portion of the regular term: Provided, that when there shall have been no previous election for highway commissioners in any township, there shall be three such highway commissioners elected, one for one year, one for two years, and one for three years; and provided also that at the annual township election, in each of the organized townships, to be held in the year one thousand eight hundred and forty seven, there shall also be elected three such highway commissioners, one for one year, one for two years, and one for three years.

Term of office of

SEC. 13. Each school inspector elected as aforesaid, shall hold his office for two years, and until his successor shall be elected and quali- school inspectors fied, except when elected to fill a vacancy, in which case he shall hold during the unexpired portion of the regular term; Provided, that

where there shall have been no previous election for school inspec- 1843, p. 99, § 24. tors in any township, there shall be two such inspectors elected, one

TITLE IV.

CHAPTER 16.

hold one year.

for one year, and one for two years, who shall severally hold their offices accordingly.

SEC. 14. Each of the officers elected at such meetings, except jusWhat officers to tices of the peace, commissioners of highways and school inspectors, shall hold his office for one year, and until his successor shall be elected and duly qualified.

Officers elected to fill vacancies.

Meetings where to be held.

When place of meeting may be changed, and meeting adjourn

ed.

1839, p. 122-23.

Proceedings on adjournment.

1839, p. 123.

For what purpoadjourn.

SEC. 15. Each township officer elected at a special meeting to fill a vacancy, shall hold his office during the then unexpired portion of the regular term of the office, and no longer, unless again elected.

SEC. 16. The annual and special township meetings, shall severally be held at the place in the township where the last annual township meeting was held, or at such other place therein as shall have been ordered at a previous meeting, or when there has been no such previous meeting, at such place as shall be directed in the act or proceedings by which the township was organized, unless it shall, in either case, become inconvenient to do so.

SEC. 17. Whenever it shall become inconvenient to hold a township meeting at the place designated therefor, the board of inspectors, or a majority of them, after having assembled at, or as near as practicable to such place, and opened the meeting, and before receiving any votes, may adjourn said meeting to the nearest convenient place for holding the same, and at such adjourned place forthwith proceed with the meeting.

SEC. 18. Upon adjourning any township meeting as provided in the last section, the board of inspectors shall cause proclamation thereof to be made, and shall leave a constable, or some other proper person at the place where such meeting was opened, to notify all persons arriving at such place that the meeting has been adjourned, and the place to which it has been adjourned.

SEC. 19. Any annual or special meeting may, by a vote of the meetEes meeting may ing, be adjourned to any other day, and from time to time, for the purpose of transacting any proper business of the township, except for the election of officers.

First meeting in townships, where held.

SEC. 20. The first township meeting after the organization of any township, shall be held on the first Monday in April after its organiza1839, p. 16, § 1. tion, and at such meeting there shall be an election for such officers as are by law to be elected at township meetings.

Proceedings at first meeting in township.

1839, p. 17. § 2.

In case of failure, meeting how called.

SEC. 21. At the first township meeting in any township, the qualified electors present, between the hours of nine and ten o'clock in the forenoon, shall choose one of their number as moderator, one of their number as clerk, and two others of their number as inspectors, who shall severally take the oath of office prescribed by the twelfth article of the constitution, and shall conduct the proceedings of such meeting in all respects as other township meetings are required by law to be conducted, as near as may be, and with the same powers.

SEC. 22. If the inhabitants of any newly organized township shall fail to hold their first township meeting on the day specified by law, any three qualified voters of such township, may call a meeting of the electors of such township, for such township election, at any time 1839, p. 17, § 3. thereafter, by posting up notices thereof in not less than three public places in such township, at least ten days previous to the holding of such meeting.

Who to administer oaths.

SEC. 23. At such first township meeting, the moderator shall ad1839, p. 17, § 4. minister the oath of office to the other inspectors, and either of

the other inspectors, after having been so qualified, may administer

the like oath to the moderator.

TITLE IV.

CHAPTER 16.

to fill vacancies.

for other purpo

ses.

SEC. 24. Special township meetings may be held for the purpose of Special meetings choosing officers to fill any vacancies that may occur, if the township board shall deem it expedient, and make their order therefor. SEC. 25. Special township meetings shall also be held for the pur- Special meetings pose of transacting any other lawful business, when ordered by the township board, on a request to them in writing, signed by any twelve electors of the township, specifying therein the purposes for which such meeting is to be held; and the mode of proceeding at all special meetings, shall be the same as at the annual meetings. SEC. 26. Every order for a special township meeting shall specify Orders for spethe purpose for which it is to be held, and the time when, and the what to specify. place where it shall be held; and if any vacancies in office are to be filled at such meeting, such order shall state in what offices vacancies exist, how they occurred, and who were the last incumbents, and if the vacancy be in the office of justice of the peace, such order shall also state at what time the constitutional term of office will expire.

cial meeting

time after order

SEC. 27. The time appointed for holding any special township Within what meeting shall not be more than twenty, nor less than fifteen days from meeting to be the time of making the order therefor; and such order shall be left held. with the township clerk within two days after the making thereof, and shall be recorded in his office.

tice.

SEC. 28. The said clerk shall, within two days after such order Clerk to give noshall be left with him, cause copies thereof to be posted up in three of the most public places in the township; and if there be a newspaper printed in such township, he shall also cause a copy to be published therein, if practicable, at least five days before the day appointed for such special meeting.

nual meeting.

SEC. 29. No notice of the annual township meetings shall hereafter No notice of anbe necessary.

Manner of conducting Elections.

SEC. 30. At the election of officers required to be chosen by ballot Inspectors of at the annual township meeting, the inspectors of election shall be the elections. same as at the general election.

to keep minutes.

SEC. 31. The township clerk shall be the clerk of the township Township clerk meeting, and shall keep faithful minutes of its proceedings, and a correct list of the persons voting at the election: and he shall enter at length in his minutes, every order or direction, and all rules and regulations made by such meeting.

pointed by in

SEC. 32. If the township clerk be absent, then such person as shall when clerk of be appointed by the inspectors for that purpose shall act as clerk of meeting to be apthe meeting, first taking an oath to be administered by one of the in- spectors. spectors, that he will faithfully perform the duties of his office according to the best of his ability.

SEC. 33. The polls of the election shall be opened at nine o'clock Opening and in the forenoon, or as soon thereafter as may be, and shall be closed closing of poll. between the hours of three and six o'clock in the afternoon, and the inspectors shall cause proclamation to be made at least one hour before the closing of the polls, that the polls of the election will be clo

sed, at or within the specified hour, naming it.

posited in box.

SEC. 34. When the election is by ballot, the inspectors shall de- Ballots to be de posite the ballots in a box, to be constructed, kept and disposed of, as near as may be, in the manner prescribed in chapter five.