Bonds of county officers by board of supervisors. Proviso. APPROVAL OF BONDS. An Act to provide for the approval of the official bonds of county officers by the board of supervisors. [Act 27 of 1873.] The People of the State of Michigan enact: (398) § 2648. SECTION 1. All official bonds of county to be approved officers which are now required by law to be approved by the judge of the circuit court, shall hereafter be approved by the board of supervisors of the county in which said officers are elected: Provided, however, That if the board of supervisors in any case shall not have approved of such bonds or the sufficiency of the sureties thereto, before any such officer shall enter upon the duties of his office, the circuit judge of the circuit to which such county may be attached, or the judge of probate of such county may, on application of the officer so elected, approve of the bond and sureties thereto, on being satisfied of the pecuniary responsibility of the sureties to meet the exigencies of said bond, subject, however, to the approval of the board of supervisors at their first meeting thereafter: Provided, That this act shall not be in force or operation in Wayne county. ProvisoWayne county excepted. Section 2 repeals "all acts or parts of acts contravening the provisions of this act."-Bay Co. v. Brock, 44/49. See also sections 382-3. CHAPTER X.-RESIGNATIONS, VACANCIES AND RE- RESIGNATIONS. [Extract from Ch. 15, R. S. of 1846.] Resignations, (399) § 1153. SECTION 1. Resignations shall be made as to whom made. 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. Sherman v. Supervisors, 84/111. When a resignation will be presumed.Bird v. Perkins, 33 / 30. cers, etc., to made. (400) § 1154. SEC. 2. It shall be the duty of all officers, Duties of offibodies, or boards to whom the resignation of any office con- whom resignatemplated in the last preceding section, is authorized to be tions are made, or who are authorized to fill 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. Secord v. Foutch, 44 / 92. VACANCIES. (401) § 1155. SEC. 3. Every office shall become vacant, What events on the happening of either of the following events, before the to create vaexpiration of the term of such 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 offense involving a violation of his oath of office; 6. The decision of a competent tribunal, declaring void his election or appointment; or, cancy. 7. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That the supervisor of any township, in which the Proviso office of a township treasurer or justice of the peace may become vacated by operation of this act, shall immediately transmit to the county clerk of the county in which such township treasurer or justice of the peace resides, a notice in writing, officially signed by him, informing the county clerk that the office of such township treasurer or justice of the peace is vacated. SUBDIVISION 7: A party, however well entitled to an office, loses his right unless he files his oath and bonds.-Wayne Auditors v. Benoit, 20/181; Paw Paw v. Eggleston, 25 / 36. But the directions as to time are not applicable to a person to whom the election board refuses a certificate, but can apply only to the person declared elected.-People v. Mayworm, 5/146; Wayne Auditors v. Benoit, 20/181. One who has been elected to the office of justice of the peace and has entered upon the duties thereof, is an officer de facto, notwithstanding his failure to file his oath of office, and bond within the time prescribed by law. People v. Payment, 109 / 553. ACCEPTING INCOMPATIBLE OFFICE: The rule is well settled that he who, while occupying one office accepts another incompatible with the first, ipso facto vacates the first office.-Northway v. Sheridan, 111 / 18. How vacancies in certain offices filled. An Act in relation to vacancies in certain State and county offices. [Act 190 of 1879.] (402) § 1156. SECTION 1. That in case a vacancy shall occur in any public office, which vacancy may be filled by appointment by the governor or otherwise, notice of such vacancy and of the facts why the same exists shall within ten days after such vacancy shall occur, be given in writing to the officer, board or body, having power to fill such vacancy by appointment. Such notice shall be given as follows: If such vacancy shall be in any county office, excepting county clerk, by the clerk of the county wherein the same shall occur; if in the office of the circuit judge or judges or recorders of said city courts, by the clerk of the county wherein such officer may reside at the time the vacancy shall occur; if in the office of county clerk of any county, by the judge of probate of the same county; if in the office of secretary of state, by the state treasurer, and in all other cases by the secretary Notice of va- of state; in all cases where à vacancy may occur in an office the salary of the incumbent of which shall be paid in whole or part from the State treasury, the officer, board or body having the appointing power shall immediately after receiving notice of such vacancy notify the auditor general of such vacancy. cancy, where filed. See section 400. Certain officers may be removed for misconduct. REMOVALS FROM OFFICE. [Extract from Ch. 15, R. S. of 1846.] (403) § 1157. SEC. 4. The secretary of state, auditor general, and all State and county officers, except the state treasurer, and judges of the supreme 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 senate, or of both branches of the legislature, or by the legislature without the concurrence of the governor, may, for official miscon duct, or habitual or wilful neglect of duty, at any time dur ing the recess of the legislature, be removed, and the vacancy supplied during such recess, by the governor. NO REMOVAL WITHOUT CAUSE: Officers cannot be removed without cause. People v. Lord, 9/227; People v. Therrien, 80/187. Our state system favors appointments for fixed periods and almost entirely rejects the policy of removals at will.-Mead v. Ingham Co. Treasurer, 36/416. This law contains no provision of removal applicable to county superintendents of the poor.-Id. 418. (404) § 1158. SEC. 5. All officers who are, or shall be Persons apappointed by the governor to fill a vacancy which shall have pointed may existed during the recess of the legislature, may be removed by the governor. be removed. remove officers reasons. (405) § 1159. SEC. 6. The governor may remove all Governor may county officers chosen by the electors of any county or ap- for certain pointed by him, and shall also remove all justices of the peace and township officers chosen by the electors of any township, or city or village officers chosen by the electors of any city or village, when he shall be satisfied from sufficient evidence submitted to him, as hereinafter provided, that such officer is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this State that such officer after his election or appointment shall have been convicted of a felony; but the governor shall take no When may action upon any such charges made to him against any such officer until the same shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true, with a statement of the prosecuting attorney of the county, that in his opinion the case demands investigation. But no such officer shall be removed Officer to be for such misconduct or neglect unless charges thereof shall tunity to be have been exhibited to the governor, as above provided, and a copy of the same served on such officer, and an opportunity given him of being heard in his defense. Miner v. Supervisors, 49/602; Clay v. Stuart, 74/411; Att'y Gen. v. Detroit Com. Council, 112 / 169. investigate. given oppor heard. whom county clerks may be removed. (406) § 1165. SEC. 12. The judge of the circuit court and When and by the circuit court commissioner shall have authority, in term or vacation, to remove the county clerk 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 Charges to be shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said judge or commissioner, 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 defense. All expense on the part of Expenses of the prosecution for examination of charges, provided for in the preceding section of this act, shall be paid by the counties in which the officer to be examined holds his office. preferred. examination. When gov ernor may declare certain (407) § 1166. SEC. 13. The office of state treasurer, commissioner of the land office, or of any other collector or offices vacant. receiver of public moneys, appointed by the legislature, by the governor alone, or by the governor, by 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. Drunkenness cause for removal from office. An Act to subject all persons holding office under the government of the [Act 79 of 1871.] The People of the State of Michigan enact: (408) § 1167. SECTION 1. That the drunkenness of any person holding office under the constitution or laws of this State shall be good cause for removal from office by the authority and in the manner provided by law. When circuit point person to of county clerk and prosecu-. ting attorney. SUPPLYING VACANCIES. [Extract from Ch. 15, R. S. of 1846.] (409) § 1169. SEC. 15. When at any time there shall judge may ap- be in either of the offices of county clerk or prosecuting atexecute duties torney, no officer duly authorized to execute the duties thereof, the judge of the circuit court of the circuit in which the county where such vacancy exists, shall be situated, may appoint some suitable person to perform the duties of either of said officers for the time being; and when at any time there shall be in either of the offices of sheriff, coroner, register of deeds, or county surveyor, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the county clerk and prosecuting attorney of the county to perform the duties of either of said offices for the time being. How other county offices may be filled for the time being. Persons appointed to fill Constitution, Art. 6, sec. 10; Sayles v. Judge, 82/89; Lamoreaux v. Att'y (410) 1170. SEC. 16. Each of the persons appointed in pursuance of either of the two last preceding sections, directions, etc. shall, before proceeding to execute the duties assigned him, vacancy to comply with |