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by the Governor, or either branch of the Legislature, appear for the people of this State in any other court or tribunal, in any cause or matter, civil or criminal, in which the people of this State may be a party, or interested.

eny General.

enting Attorneys,

to Legislature.

(181.) SEC. 29. It shall be the duty of the Attorney General, Duties of Attor at the request of the Governor, the Secretary of State, the Treasurer, or the Auditor General, to prosecute and defend all suits relating to matters connected with their departments. (182.) SEC. 30. The Attorney General shall consult with and To advise Prose. advise the Prosecuting Attorneys, when requested by them, and make report in all matters pertaining to the duties of their offices; and he shall make and submit to the Legislature, at the commencement of its annual session, a report of all official business done by him during the year preceding, specifying the suits to which he has attended, the number of persons prosecuted, the crimes for which, and the counties where such prosecutions were had, the results thereof, and the punishments awarded.

ports of Prosecu

(183.) SEC. 31. The Attorney General shall include in his Abstract of reannual report, an abstract of the annual reports of the several ting Attorneys. Prosecuting Attorneys.

when required by

(184.) SEC. 32. It shall be the duty of the Attorney General, To give opinion when required, to give his opinion upon all questions of law Governor, etc. submitted to him by the Legislature, or by either branch. thereof, or by the Governor, Auditor General, Treasurer, or any other State officer; and also to notify the County Treas To notify neglect urer of the proper county, of the neglect or refusal of any attorneys. Prosecuting Attorney to make the annual report to the At-1841, p. 15, Sec. 2. torney General required of him by law.

of Prosecuting

moneys.

(185.) SEC. 33. All moneys received by the Attorney Gen-To pay over eral, for debts due, or penalties forfeited to the people of this State, shall be paid by him, immediately after the receipt thereof, into the Treasury.

of demands, etc.,

same to success

(186.) SEC. 34. The Attorney General shall keep, in proper To keep register books to be provided for that purpose at the expense of the and deliver the State, a register of all actions or demands prosecuted or or. defended by him in behalf of the people of this State, and of all proceedings had in relation thereto, and shall deliver the

same to his successor in office.

(187.) SEC. 35. The Attorney General shall receive an Compensation. annual salary of seven hundred dollars, payable quarter yearly,

and his actual necessary expenses. (e)

(e) As amended by Act 105 of 1847, p. 168. The salary is increased to eight hundred dollars by Art. 9 of the Constitution.

From Chapter Twelve of Revised Statutes of 1846.

THE ADJUTANT GENERAL.

how appointed;

term of office.

Adjutant General (188.) SEC. 52. An Adjutant General for this State shall be his rank and appointed by the Governor, by and with the advice and consent of both branches of the Legislature in joint convention, who shall be of the rank of Brigadier General, and shall hold his 1844, p. 100, Sec. office for two years, and until his successor shall be appointed and qualified.

7.

Oath of office and compensation.

(189.) SEC. 53. The Adjutant General shall, before entering upon the duties of his office, and within twenty days after notice of his appointment, take the constitutional oath of office, and file the same with the Secretary of State, and shall receive, as a 1544, p. 100, Sec. full compensation for all his services, the sum of three hundred dollars annually, payable quarter yearly.

7.

To make return

of Militia to Gov

(190.) SEC. 54. He shall, in each year, prepare a return of ernor annually. the militia of this State, exhibiting their full numerical strength, together with all the arms and military stores belonging to the State, designating the several kinds, condition and place of deposit, which return he shall deliver to the Governor on or before the first day of December.

Other duties.

(191.) SEC. 55. The Adjutant General shall perform all such other duties relating to the militia, arms and military stores of this State, as are required of him by law.

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SEC. 49. f)

State Library; (192.) SEC. 50. The State Library shall be kept in the room other pro

Where kept, and

who have access in the Capitol which it now occupies, until some

to.

vision shall be made in reference thereto, and the members of both Houses of the Legislature, and the Executive and Judicial officers of the State shall at all times have free access thereto, under such regulations as shall have been made by the Secre tary of State.

SEC. 51. (g)

(f) This section, as well as section 51, related to the duties of the Secretary of State as Librarian, and are superseded.

(g) See last note.

An Act to Provide for the Better Management and Care of the State Library.

[Approved April 2, 1850. Laws of 1850, p. 363.]

State Librarian

salary.

(193.) SECTION 1. Be it enacted by the Senate and House of to be appointed; Representatives of the State of Michigan, That a State Librarian His term, and shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of two years, whose salary shall be fixed at the sum of five hundred dollars per year, payable quarterly, out of the State Treasury, and whose duty it shall be to have the sole care and charge of the Library and the affairs pertaining thereto, and who shall make an annual report to the Legis- Report. lature, at the commencement of each session thereof, as to its condition, and report the number and description of the volumes contained therein.

Library.

(194.) SEC. 2. That the State Librarian shall, within twenty catalogue of days after the passage of this act, and also on the first Monday of January in each year thereafter, make out and deliver to the Auditor General, a full catalogue of all the books at such time belonging to the State Library in his possession; and such catalogue shall be published annually for the use of the Legislature.

rian.

(195.) SEC. 3. The Librarian shall, before entering upon the Bond of Libraduties of his office, file with the Auditor General his receipt for all property entrusted to him, and give a good and sufficient bond, approved by the Secretary of State, conditioned for the safe keeping of such property; and such bond and receipt shall not be cancelled until the receipt of his successor for the property delivered over to him shall be obtained, and payment for all deficiencies made.

Books to be returned by mem

bers of Legisla

ture, etc., before they receive their pay.

(196.) SEC. 4. Before any member of the Senate or of the House of Representatives, or of the Convention to revise the Constitution, shall receive their pay in full, it shall be neces- they sary for such member to obtain and exhibit a certificate from the Librarian, stating that such member has returned all books he may have drawn, if any, from the State Library. (197.) SEC. 5. If, at the expiration of sixty days after the Prosecution for passage of this act, any person shall unlawfully or improperly books. have in his possession any book or books belonging to the State Library, such person shall be liable to prosecution therefor, both by civil and criminal proceedings; and it shall be the duty of the Attorney General to ascertain, so far as prac

detention of

Act to be published.

Repeal of inconsistent Laws.

Library room.

State

Librarian to keep meteorological tables.

ticable, the names of those who may become liable under this section, and forthwith to prosecute the same.

(198.) SEC. 6. The Secretary of State shall cause this act to be published for six weeks next succeeding its passage, in each of the newspapers published in the city of Detroit.

(199.) SEC. 7. All provisions of law inconsistent with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its passage.

An Act Relating to the State Library.

[Approved April 8, 1851. Took effect July 8, 1851. Laws of 1851, p. 209.]

(200.) SECTION 1. The People of the State of Michigan enact, That the State Library room shall be appropriated to the use of the Superintendent of Public Instruction, for his office.

(201.) SEC. 2. The State Librarian, in addition to the duties prescribed by law, shall keep a set of meteorological tables, after the forms adopted by the Smithsonian Institute, and under the direction of the Superintendent of Public Instruc tion; and the same shall be embraced with annual report of the Superintendent, together with the report of the Librarian. (202.) SEC. 3. The Superintendent of Public Instruction tion to deposit shall cause the books, papers, maps, apparatus, etc., pertaining to his office, to be deposited in the State library; and it shall be his duty to collect such books, maps, apparatus, etc., as can be obtained without expense to the State, and deposit the same in the library.

Superintendent of Public In-truc

books, etc., iu State Library.

Librarian to act

as Assistant

(203.) SEC. 4. The Librarian shall also act as assistant to, Superintendent. and shall perform such duties as may from time to time be required by the Superintendent, free of expense to the State.

Copies of U. S. Laws to be procured and de

posited in State Library.

An Act Relative to Copies of the United States Laws.
[Approved March 1, 1847. Laws of 1847, p. 36.]

(204.) SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the Secretary of State is hereby authorized and directed to procure one or more complete copies of the Laws of the United States to be deposited in the State Library for the use of the Legislature, and when so procured and deposited, the said copy or copies shall not be taken from the Capitol by any person whatsoever.

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Auditors; their powers

duties.

4.

ing.

and

(205.) SEc. 44. The Secretary of State, State Treasurer, Board of State and Commissioner of the State Land Office shall constitute a Board of State Auditors, and as such they shall have power, and it shall be their duty annually, and at any other time in their discretion, to enter into a full settlement and final adjustment with every officer and agent of the State, of all debits, Const. Art. 8, Sec. credits, claims and demands of whatsoever description, between such officer or agent and this State, and it shall also be their duty to examine, adjust and settle all other claims and demands against this State which may be presented by any other person or persons, the settlement of which is not otherwise already provided by law; but such board shall not allow and audit any claims against the State, unless the same shall be established by competent testimony; and said board shall keep a record Mode of proceedof its proceedings, which shall contain each claim presented and its items, an abstract of the evidence taken, the amount adjusted and settled in favor of the person or persons presenting the claims, or in favor of the State; and any member of said board shall have power to administer oaths to any person or persons presenting claims, or to witnesses; to examine the person or persons under oath, to issue subpoenas to any part of the State against witnesses; and if any witness or Fees of witnesses. witnesses fail to appear in pursuance thereof, and the fees provided herein shall have been paid or tendered, to issue attachments to compel their attendance; to set off any legal or equitable claim against such person or persons in favor of the State, upon proof of the same, and to adjourn from time to time: Provided however, That every witness shall be entitled to one dollar a day while in attendance before the board, and six cents a mile in coming to the place of attendance, to be paid by the party who procures said witnesses: And provided, further, That in all settlements with the State Treasurer, the Auditor General shall be a member of said board for that purpose, to the exclusion of the Treasurer: ()

(206.) SEc. 45. The annual settlement of the accounts of the When

annual

(k) As amended by "An Act to Amend Sections Forty-Four, Forty-Six and Forty-Seven, Chapter Twelve of the Revised Statutes of 1846, relative to the Board of State Auditors." Approved April 7, 1851.

Laws of 1851, p. 173.

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