officers elected by the people every two years. Each county elects one of these commissioners, and in counties having more than twenty thousand inhabitants, two are elected.

The Commissioner is an assistant to the Circuit Court, and has the right to exercise some of the powers of a judge. Among his duties, are the taking of testimony in chancery proceedings, and computing the amounts due on mortgages, stating accounts between litigants, and conducting judicial sales.

Clerks of Courts.-These officers, although not performing judicial duties, may be described properly in connection with that branch of the government, because the clerk is an indispensable officer of the court. Without a clerk, a court cannot do business any more than it can act without a judge. In this connection, we shall speak of the clerks of all the courts, and give a general statement of the character of their duties, which are similar in all cases.

It is the duty of the clerk of a court to have an office in a fixed place in the courthouse, and to keep regular office hours. He is the keeper of the seal of the court, and is required to attend court in person when it is practicable to do so, but, when necessary, may appoint deputies, for whose conduct and acts he is responsible. The clerk is required to preserve all the files and papers relating to the various cases and other business before the court, and to keep a complete record of all of the proceedings, including the judgments, decrees and orders, of the court with which he is connected. For this purpose he must keep a general docket, in which all suits are entered, and proper indices to all of the books of record, so that there may be a ready and easy reference to them when desired.

This brief general statement does not convey an adequate idea of the numerous important functions which are per

formed by the clerks of the courts, or of the vast volume of business which passes through their offices, but as a familiarity with all of these details is not needed by any except members of the legal profession and others having business with the courts, no further statement will be given concerning them.

CHAPTER XVIII.

COUNTY GOVERNMENT IN MICHIGAN.

County Government in Géneral.-We have learned something of the county system of government as it was introduced in the colony of Virginia, and afterwards brought into the Northwest Territory by settlers from Virginia, and have seen that, like most of our political institutions, it is of English origin. Each State of the Union except Louisiana* is divided into counties, varying in size and population; therefore county government is general throughout the United States.

The county is a subdivision and agency of the State, created for convenience in administering the affairs of the State government. It is an institution of ancient origin, having a history full of interest to students of civil affairs. The county in England is older than the kingdom itself. It originated with the union of two or more clans into a tribe and their settlement in a fixed dwelling place, after which, in a comparatively short time, they assumed the form of a monarchy and the chief became known as a king.

When the Anglo-Saxon tribes invaded England and settled in different parts of the island, they created a number of small kingdoms, independent of each other. Afterward, when the government became centralized and subject to one responsible head, these individual kingdoms continued

*Louisiana is divided into parishes for purposes of local government.

their existence, and were known as counties. Thus the growth of the county in England has been essentially different from its development in the United States. In England the kingdom was created by a union of the counties, but in the United States the counties have been formed by a subdivision of the State.

The legislature of each State controls the division of the State into counties, all of which are created solely by legislative act. A county is endowed with certain functions, giving it the character of a corporation. It can sue in the courts and be sued; it can act only through its duly qualified officers; it can purchase such real estate as is needed for the uses of the county; it can sell or lease the same when no longer needed, and it can make all contracts necessary for the proper transaction of the county business.

The government of the county is, to some extent, divided into legislative, executive and judicial branches, although the greater portion of the powers exercised by its officers come within the executive and judicial branches.

There are eighty-three counties in Michigan, all of which are organized. An organized county is one having the necessary officers and political institutions for carrying out the purposes for which counties exist.

Constitutional Provisions.-For purposes of local government, Michigan was divided into counties before it became a State, and the county system of government was continued under the Constitutions of 1837 and 1850. The Constitution of 1850 recognized these subdivisions of the State as they existed at the time of its adoption.

The latter instrument made no change in the number or boundaries of the counties, but restricted the power of the legislature in respect thereto, by providing that no county shall ever be reduced by the organization of new counties to

less than sixteen townships, unless a majority of the electors residing in each county to be affected by the proposed. change shall decide in favor of it.

The Constitution provides for the general government of counties by committing the management of their affairs to a Board of Supervisors, consisting of one member from each township, and such number of representatives from the various cities as the legislature may determine.

It also requires the election every two years of the following officers, viz: Sheriff, County Clerk, County Treasurer, Register of Deeds and Prosecuting Attorney. The Board of Supervisors in any county is given power to unite the offices of County Clerk and Register of Deeds, or to disconnect the same.

County Seat.-In each county there is one place designated as the county seat, at which the public offices and court house of the county are located. The Constitution forbids the removal of any county seat which has been once established, until the place to which it is proposed to be removed shall be designated by two-thirds of the Board of Supervisors, and a majority of the electors voting thereon shall have voted in favor of the proposed location.

Board of Supervisors.-This is the legislative body of the county. It is composed of the supervisors of the several townships and cities of the county, there being one supervisor elected in each township and one in each ward of the cities in the county. The Board of Supervisors is required to meet annually at the court house of the county, and they may also hold special meetings at such times and places as necessity may require. The presiding officer, called the chairman, is elected each year, and the county clerk is the clerk of the board.