CHAPTER XXII.

COUNTIES.

History of.

As early as the time of the Saxons, England was divided into districts for convenience in the administration of justice. The most important of these was the shire, as it was called, from a Saxon word meaning to cut. The shire was a part cut off. In Norman times, the shire took the name county, from the word count, a Norman title of nobility. The English colonies in America early set up the county organization, with the usual officers, and as soon as the northwest territory came under English jurisdiction, counties were instituted with essentially the same powers and officers as they had in the older States and in England.

A county may be defined as a portion of the State, organized as a corporate body' under the direction of the State, for convenience in

Definition.

1 A corporate body, or corporation, is a body consisting of one or more indíviduals, established by law, usually for some specific purpose, and continued by a succession of members. This body has a name, and under that name may sue and be sued, may hold and dispose of property, may have a common seal, may choose officers, and make by-laws for its government and administration. The body may be created by a special law called a charter; or it may organize under some general statute.

In Ohio, the county is not a corporation, but the county commissioners may sue and be sued. In Indiana, the commissioners, and not the county, form the corporation.

the administration of justice, and to transact business of local interest.

Property.

Each county is obliged to own and maintain suitable court-houses, jails, and buildings for the registry and preservation of deeds, wills and court records. The town in which these buildings are situated and where the courts are held, is called the county-seat.

Officers.

Counties, as such, have no legislative power; hence their officers are chiefly executive and judicial. The number and duty of these officers are prescribed by law, and are the same throughout the State.

In each county three Commissioners' are chosen by the people. These officers are empowered County Commissioners, to provide for erecting and repairing the or Supervisors. county buildings; to have the care of the county property; to represent the county in suits at law; to lay out, alter and discontinue highways within the county, upon petition of parties interested, and after a suitable hearing. They also have extensive powers connected with the formation of new townships, with the alteration of boundaries and change of name of those already existing, and with county and township taxation.

The county treasurer receives and pays out, in the manner prescribed by law, all money belonging to the county. This includes that

Treasurer.

1 In Michigan the township supervisors form a county board. In Wisconsin the county board consists of one person from each of the local boards; the same is true of a part of the counties of Illinois. In Iowa, there is a board of three, five, or seven supervisors. All these boards have essentially the same powers and duties as the county commissioners. In Minnesota, the number of commissioners is usually five.

raised by taxation and whatever comes from the payment of fines in the various courts. Taxes for the support of the State government are also received by this officer, and by him paid to the State.

Auditor.

In Ohio, Indiana, Iowa and Minnesota, a county Auditor is chosen,1 who is clerk of the county commissioners, and who, among other duties, keeps an account with the treasurer of the receipts and expenditures of the county, and draws warrants for the payment of money from the treasury upon the order of the commissioners. He also has important duties connected with the assessment and collection of taxes.

Recorder, 2 or Register of Deeds.

In each county there is a Recorder or Register of Deeds. The duties of this officer are to receive and record, according to methods prescribed by law, all deeds, mortgages and other papers that may be brought to him for the purpose. In the early history of the county, all transfers of land were made publicly at the county courts to prevent fraud. The registry is designed to serve the same purpose, by making all such transfers a matter of record, so that the legal title to any land in the county may be readily ascertained.

Sheriff.

The oldest and most important county officer is the Sheriff. In the early history of the county, this officer, called the shire-reeve, shared the administration of county business with the alderman and bishop. Later, the civil functions devolved

1 In Wisconsin, the clerk of county board of supervisors performs duty of auditor. 2 In Illinois, the clerk of the circuit court is the recorder. In Iowa, the county treasurer may be recorder in counties having a population less than ten thousand. In Michigan, Wisconsin and Minnesota, this officer is called Register of Deeds.

entirely upon him. He presided at the county court, and was responsible for the public peace. Formerly, in England, he was elected by the people; now he is appointed by the king for one year, and during that time is the highest personage in the county, taking precedence of noblemen.

Duties:

1. Preserving
Peace.

The sheriff's first duty is to preserve the peace within his county. To this end he may apprehend and commit to prison all persons who break the peace. He is bound to pursue and take all such criminals as murderers, robbers and rioters. He has the safe-keeping of the county jail, and is responsible for the custody of the prisoners confined therein. In the exercise of these duties, the sheriff may demand the assistance of the inhabitants of the county. Any person who refuses aid when thus called upon is liable to fine and imprisonment.

2. Attending

Courts.

The sheriff is required to attend all county courts. During the term of the court, he has charge of the prisoners on trial, of the witnesses, and of the juries. It is his business to see that the sentence of the court is carried into execution, either by collecting the fines, placing the convicted person in the designated place of confinement, or carrying out the death sentence for capital crimes.

3. Serving Processes.

The sheriff is required to serve all writs and processes that may be lawfully issued to him within his county by any of the courts of justice. To assist in the performance of these various duties, the sheriff appoints deputies, for whose action he is responsible.

Another ancient officer is the Coroner. He performs

Coroner.

the duties of the sheriff in the absence or incapacity of that officer, and when the sheriff is one of the parties in a suit. His chief duty is to hold an inquest, with the assistance of a jury, over the body of any person who may have died from violence or accident.1 The jury consists of six men summoned by a constable, in obedience to a warrant from the coroner.

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The object of the inquest is stated on

An officer called Surveyor is chosen to make surveys of any lands in the county, when applied

to for the purpose by parties interested, or

Surveyor.

by any of the courts. A record of these surveys is kept by the surveyor.

Superintendent of Schools.3

In most of the States, a Superintendent of Schools is chosen in each county. The duties of this officer are to examine candidates for teachers in the public schools, and to grant licenses or certificates to such as are qualified; to visit the schools of the county, and to report thereon to the State superintendent. In Minnesota, this officer is appointed by the county commissioners; in Indiana he is elected by the school trustees of the county; in the other States in which the office exists, he is elected by the people of the county.

1 In Minnesota, cases of death by accident are not subject to a coroner's inquest.

2 In Iowa, the jury consists of three men.

3 In Ohio, instead of the superintendent, each county has a board of school examiners, by whom examinations of teachers are conducted, and certificates granted. In Michigan there are township instead of county superintendents.