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and no person whose vote shall have been received upon such challenge, shall be again challenged upon any other question, arising at the same township meeting.

See note to section 356.

preserve

ing officers.

(360) § 2308. SEC. 38. The inspectors, or officer presid- Authority to ing, shall have the same authority to preserve order, to en- order, etc. force obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. (361) § 2309. SEC. 39. At the hour of one o'clock in the Time of electafternoon, there shall be elected the other officers to be elected at such meetings and all business of such meetings requiring a viva voce vote, except that required by section. eight of this chapter, shall be then transacted: Provided, Proviso, That on all votes for the appropriation of any moneys, or of moneys. for the raising of any taxes in said township, said votes shall be taken in such a manner that the moderator of such meeting may be able, and shall, upon demand, state the result of each of said votes, giving the number voting for and the number voting against each proposition so voted upon, all of which shall be duly recorded by the township clerk in the records of the proceedings of such meeting.

The section 8 referred to is section 329.

appropriation

upon motions,

(362) § 2310. SEC. 40. All questions upon motions Questions made at township meetings, shall be determined by a ma- how deterjority of the electors voting; and the officer presiding at mined. such meeting shall ascertain and declare the result of the votes upon each question.

CANVASS OF VOTES.

votes and de

(363) § 2311. SEC. 41. The votes given by ballot shall Canvass of be publicly canvassed by the inspectors, at the place where termination the meeting was held, and the result shall be read by the of result. clerk to the persons there assembled; and such reading shall be sufficient notice to all persons elected at that election to any office, whose names are on the poll list as voters.

counted and

(364) § 2312. SEC. 42. Before the ballots are opened, Ballots to be they shall be counted and compared with the poll list, and the compared like proceedings shall be had as to ballots folded together, with poll list. and as to differences in number, as are prescribed in chapter five.

See note to section 356.

Statement of result, etc.

Statement of

(365) § 2313. SEC. 43. The canvass being completed, and the result ascertained, the inspectors shall draw up a statement in writing, setting forth, in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, which statement shall be certified under the hands of the inspectors to be correct.

(366) § 2314. SEC. 44. The inspectors shall also certify determination upon such statement, their determination of the

to be certified

and recorded.

Choice determined by lot.

persons

elected to the respective offices, including as well those elected without ballot, as those elected by ballot; which statement and certificate of determination shall be left with the township clerk, and recorded in his office.

Robinson v. Supervisors, 49/321.

(367) § 2315. SEC. 45. The persons having received the greatest number of votes given for any office at such election, shall be deemed and declared duly elected; and if two or more persons shall have received an equal number of votes for the same office, the inspectors of election shall determine the choice by lot, and shall declare and certify the same accordingly.

People v. Molitor, 23/341.

Oath of office.

Clerks, when

sons elected.

TOWNSHIP OFFICERS.

(368) § 2316. SEC. 46. All officers except justices of the peace, required to be elected at township meetings by ballot, shall, before entering upon the duties of their offices, and within ten days after notice of their election, respectively take and subscribe the oath of office prescribed by the sixteenth article of the constitution, before the township clerk or other officer authorized to administer oaths, and file the same with the township clerk, who shall record the same; and such oath shall be administered without reward, and certified by the officer before whom the same was taken, with the date of taking the same.

Am. 1913, Act 89.

(369) § 2317. SEC. 47. Within two days after the electo notify per- tion of any officers at a township meeting, the clerk shall transmit to each person elected to any township office, and whose name shall not have been entered on the poll list at such election as a voter, a notice of his election; and each overseer of highways and poundmaster elected at such meeting, shall, within ten days after notice of his election, file

with the said clerk a notice in writing of his acceptance, and in default thereof he shall be deemed to have refused to

serve.

to enter upon

(370) § 2318. SEC. 48. The persons so elected justices When justices of the peace, shall enter upon the duties of their offices re- their duties. spectively, as follows:

1. Those elected for the full term of four years, on the fourth day of July next succeeding their election;

2. Those elected to fill vacancies, and those elected at the first township meeting in any new township, immediately upon the filing of their oath of office and security with the county clerk, as required by law.

Hulbert v. Henry, 105/212.

ing in new

(371) § 2319. SEC. 49. When a new township shall be Justices residorganized, if there be one or more justices of the peace re- townships. siding therein, they shall be deemed to have vacated their respective offices.

(372) § 2320. SEC. 50. Within six days after the elec- Classification of justices. tion of justices of the peace in such new township, the supervisor shall give notice in writing to the justices elected, and to the township clerk, of the time and place when and where he will meet them, to determine by lot the classes of such justices; which notice shall be served at least six, and not more than twelve days, previous to the time appointed therein for such meeting.

(373) § 2321. SEC. 51. At the time and place so ap- Mode of deciding term of pointed, the supervisor and township clerk shall cause to be office. written on separate pieces of paper, as near alike as may be, the numbers one, two, three, four, or such and so many of such numbers as shall correspond with the number elected, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box; and the persons elected justices shall severally draw one of the said pieces of paper, and each shall be classed according to the number written on the paper so drawn by him, and shall hold his office for the term as follows: The term of number one shall expire on the fourth day of July then next following, and the terms of the others. on the fourth day of July in each succeeding year, respectively, according to the numbers drawn by them.

for absent

(374) § 2322. SEC. 52. If any person elected a justice when supershall neglect to attend such drawing, the supervisor shall visor to draw draw for him; but if the supervisor be absent from his town- justices. ship, or unable to serve, or his office be vacant, the township clerk shall give the notice, and perform the duties herein enjoined on such supervisor.

classification

(375) § 2323. SEC. 53. Duplicate certificates of such Certificates of drawing, and of the result thereof, shall be made and certi- to be made fied by the supervisor and township clerk, or such one of and recorded. them as shall attend the same, one of which shall be filed with the township clerk, and the other with the county clerk,

Classification in case of

vacancies.

and shall be recorded by said clerks in the books in which the canvasses of votes shall have been recorded, and shall be conclusive evidence of the classes to which the justices so elected belong.

(376) § 2324. SEC. 54. In case more than one existing election to fill vacancy in the office of justices of the peace shall be supplied by election at any township meeting, the classes of the persons elected to fill the same shall be determined by lot, within the time, and in the manner prescribed for classifying justices elected in new townships.

Penalty for neglect to qualify.

(377) § 2325. SEC. 55. If any person elected to any township office, except that of justice of the peace, of whom an oath of office is required, who is not exempted by law from holding the office to which he is elected, shall not, within ten days after notice of his election, take and subscribe the oath of office required by law, and cause the same to be filed with the township clerk, or if any such officer of whom a bond or security shall be required, shall not file such bond or security within the time above limited for filing his said oath, he shall forfeit and pay the sum of ten dollars; and if any person elected to the office of overseer of highways or poundmaster, and not exempted by law from holding such office, shall refuse to serve, he shall forfeit and pay the like sum, unless the person selected shall file with the clerk of his township, within said ten days, a written notice stating that he declines accepting the office.

Board of review, election of.

THE BOARD OF REVIEW.

[Extract from Act 206, P. A. 1893.]

(378) § 3851. SEC. 28. At the annual township meeting held on the first Monday of April in the year eighteen hundred and ninety-four, there shall be elected by ballot, on the regular township ticket, two tax-paying electors of the township, who shall be owners of land in said township, to serve as members of the board of review, one of whom shall be elected for one year and one for two years, and annually thereafter one member shall be elected for two years, who shall take the constitutional oath of office as other township officers. The supervisor and the two electors so elected shall constitute a board of review for such township. The township board may temporarily fill any vacancy which shall occur in said membership of said board of review, but no member of such township board shall be eligible to fill such Quorum, etc. vacancy. A majority of said board of review shall constitute a quorum for the transaction of business, but a less number

Who to constitute.

Vacancy, how filled.

may adjourn from day to day and a majority vote of those present shall decide all questions.

Am. 1901, Act 129.

The above section is taken from an act providing for the assessment of property and collection of taxes, etc.

RESIGNATIONS, VACANCIES, AND SUPPLYING VACANCIES.

(379) § 2326. SEC. 56.

Resignations of all officers How resignaelected at township meetings shall be in writing, signed by tions made. the officer resigning, and addressed to the township board, and shall be delivered to and filed by the township clerk; and when a justice of the peace resigns, such clerk shall immediately transmit a copy of such resignation, certified by him, to the county clerk.

to become

(380) § 2327. SEC. 57. Every township office, including When office the office of justice of the peace, shall become vacant, upon vacant. the happening of either of the events specified in chapter fifteen, as creating a vacancy.

VACANCIES: See sections 499. 501, 505, 508.

Paw Paw v. Eggleston, 25/39; People v. Stellwagen, 33/1.

board.

(381) § 2328. SEC. 58. Whenever there shall be a va- Temporary appointments, cancy, or when the incumbent shall, from any cause be unable when made to perform the duties of his office, in either of the township by township offices, except that of justice of the peace and township treasurer, the township board may make temporary appointments of suitable persons to discharge the duties of such offices respectively; and such persons, so appointed, shall take the oath of office, or file the notice of acceptance required by law, and shall continue to discharge such duties until the office is filled by election, or until the disability aforesaid be removed.

Bank v. St. Joseph, 46/528; Locke v. Highway Com'r. 107/633; Murphy v. Montmorency Circuit Judge. 159/392. A township temporarily represented by an appointed supervisor has the same voice upon the board that it had before the vacancy.-Peck v. Supervisors, 102/346.

ship treasurer

board.

(382) § 2329. SEC. 59. In case the treasurer of any When towntownship shall refuse to serve, or shall vacate his office be- appointed by fore completing the duties thereof, or be disabled from completing the same, by reason of sickness or any other cause, the township board shall forthwith appoint a treasurer for the remainder of the term, who shall give like security, and be subject to like duties and responsibilities, and have the same powers and compensation as the treasurer in whose place he was appointed, and the township clerk shall immediately give notice thereof to the county treasurer; but such appointment shall not exonerate the former treasurer, or his sureties, from any liability incurred by him or them.

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