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Proviso.

Unlawful to

contribution,

etc.

mote the success or defeat of a candidate, or a political party or principle or measure;

"Public office" shall apply to any national, state, county or city ward, village or town office which is filled by the voters of this state, as well as to the office of presidential elector and United States senator;

"Town" shall apply to incorporated towns as well as to townships.

(454) SEC. 20. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed: Provided, That the repeal of such acts or parts of acts, or any of them, shall not be construed to affect any offense committed, or any prosecution or proceeding instituted or pending under the laws so repealed.

(455) SEC. 21. No person or organization shall ask, dedemand, etc., mand or request of or from any candidate for any public office subsequent to any public announcement of the candidacy for any nomination for such office, any donation, gift or contribution, purchase of tickets, or similar demands. This section shall be held to extend to include religious, charitable, or social organizations or any person working in their behalf.

Exciting disturbances, unlawful.

Penalty.

DISTURBANCES.

[Extract from R. S. 1846, Chap. 158.]

(456) § 11709. SEC. 20. If any person shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment, or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, he shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace or police justice, be punished by a fine not exceeding twenty-five dollars and costs of prosecution, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment in the discretion of the court or magistrate.

Am. 1909, Act 211.
Ware v. Judge, 75/495.

CLOSING OF SALOONS.

[Extract from Act 313, P. A. 1887.]

ing of, etc.

defined.

(457) § 5395. SEC. 17. All saloons, restaurants, bars in Saloons, clostaverns or elsewhere, and all other places, except drug stores, where any of the liquors mentioned in this act are sold or kept for sale, either at wholesale or retail, shall be closed on the first day of the week, commonly called Sunday, on all general or any regular city, township or village election days, on Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close Time. of the polls, and until seven o'clock of the following morning, and on each week day night from and after the hour of nine o'clock, until seven o'clock of the morning of the succeeding day. It shall be the duty of sheriffs, marshals, constables and police officers to close all saloons, houses or places that shall be found open in violation of the provisions of this section, and to report forthwith all such violations to the prosecuting attorney, whose duty it shall be to immediately prosecute for such violations. The word "closed" in this section shall be "Closed," construed to apply to the back door or other entrance, as well as to the front door; and in prosecutions under this section it shall not be necessary to prove that any liquor was sold: Provided, That in all cities, incorporated villages Proviso. and townships of not less than one thousand population, exclusive of villages where there is police protection, the common council, or board of trustees, or council, or township board, may by ordinance allow the saloons and other places where said liquor shall be sold to open at six o'clock in the forenoon and to remain open not later than eleven o'clock in the afternoon and no longer of any week day night, except on general or any regular city, township or village election days, Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close of the polls: Provided, That in cities of forty thousand population and Proviso, may over, the council may by ordinance extend the closing hour to twelve o'clock midnight. Any person found in the act of Violations. violating any of the provisions of this section shall be deemed guilty of a breach of the peace and punished accordingly; and the arrest therefor may be without process. All officers authorized to make arrests for a breach of the peace shall have like power to make arrests under the provisions of this section as in other cases of a breach of the peace.

Am. 1909, Act 291; 1911, Act 170.

SHALL BE CLOSED: The meaning of the term "closed" is, that the sales at least shall be entirely stopped and the traffic shut off effectually, so that drinking and the conveniences for drinking shall be no longer accessible, and those who frequent saloons for that purpose shall be dispersed. -Kurtz v. People, 33/281. The person who engages in the business of

extend hour.

carrying on a saloon must at his peril see that no necessity exists for keeping the same open, by carrying on any other business therein, which would require the doors to be open, or for persons to enter therein.-People v. Waldvogel, 49/338; People v. Blake, 52/568; People v. Roby, 52/577; People v. Minter, 59/558; People v. Averill, 179/224, 229; People v. Damskey, 180/ 664. A saloon cannot be opened on such a day even for the purpose of cleaning it. People v. Waldvogel, 49/337; People v. Roby, 52/577; People v. Higgins, 56/163. And if any outsider has access for any purpose, for no matter how short a time, the law is violated.--People v. Higgins, 56/159. A saloon is not closed, so long as it is possible for persons desiring liquor to get in peaceably, by any entrance, or so long as any customer who is inside at the time for closing remains inside; and it is not important that there is no one attending the bar, if the liquor is accessible.-People v. Cummerford, 58/328. In a city which has adopted the primary election system and nominates candidates for local offices on a fixed day, it is a violation of this section to keep saloons open on such day.-People v. Doyle, 160/423.

SALOON: Three rooms opened into one another and the rear one had an outer door. A bar in the front room and the back ones were used for card playing and drinking. Between the front and back rooms was a hole in the wall. Held, that the saloon included the three rooms.-People v. Higgins, 56/159. See, also, People v. Scranton, 61/244. If a saloonkeeper connects his living rooms with his saloon proper and permits the free passage of customers back and forth, sometimes serving liquors in his living rooms, the whole will be considered a saloon.-People v. Cox, 70/247; People v. Talbot, 120/486.

SALE NOT NECESSARY: The purpose of the statute is to prevent the sale of liquors on holidays in any place of resort for refreshments.--People v. Hobson, 48/27. The object is not merely to punish the sale, but to remove the danger that advantage might be taken of the saloon's being open to sell clandestinely what, on other days, is sold openly.-People v. Beller, 73/641. Therefore an actual sale of liquor is not necessary to constitute an opening under the law.-People v. Cummerford, 58/328; People v. Robbins, 70/130; People v. Cox, 70/247; People v. Hughes, 86/184.

BREACH OF THE PEAĆE: The provision allowing officers to close, on their own determination, places of sale and to arrest parties without_process as for a breach of the peace, is unconstitutional.-Robison v. Miner, 68/549; People v. Rohrer, 111/31.

County treasurer elected

for two years; to give bond.

Office, how supplied in

case of vacancy, etc.

CHAPTER IX.-COUNTY OFFICERS.

ELECTION AND QUALIFICATION.

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COUNTY TREASURER.

(458) 2534. SEC. 35. The county treasurer shall be elected at the general election for the term of two years, and shall be incapable of holding the office of county treasurer longer than four in any period of six years. He shall give a bond for the faithful and proper discharge of the duties of his office as hereinafter directed.

Rice v. Shay, 43/380.

(459) § 2537. SEC. 38. In case the office of county treasurer shall become vacant, or in case the treasurer, from any cause, shall be incapable of discharging the duties of his office, the board of supervisors may, if in their opinion the interests of the county require it, by writing under their hands, select a suitable person to perform the duties of the treasurer; and such person so selected, upon giving such bond for the faithful performance of the duties of the office as the said board shall direct, may perform such duties until such vacancy shall be filled, or such disability be removed.

Hunt v. Buhrer, 133/115.

(460) § 2538. SEC. 39. No person holding the office of who not to prosecuting attorney, judge of a county court, county clerk, be treasurer. supervisor, or sheriff, shall hold the office of county treas

urer.

JUDGE OF PROBATE.

and term.

(461) SEC. 1. Judges of probate shall be elected in the Election counties in which they reside and shall hold office for four years and until their successors are elected and qualified. They shall be elected on the Tuesday succeeding the first Monday of November, nineteen hundred sixteen, and every four years thereafter.

This and the next section are sections 1 and 2 of chapter iii of the Judicature Act of 1915, which supersede C. L. § 2549.

Election to fill vacancy in office of.-Secord v. Foutch, 44/89; People v.
Palmer, 91/283.
Probate judges are in no sense county officers.-Douvielle v. Manistee Super-
visors, 40/585.

and direction

(462) SEC. 2. In counties having two hundred fifty thou- Two and sand inhabitants there shall be two judges of probate and in three judges. counties having five hundred thousand inhabitants there shall be three judges of probate who shall be elected as hereinafter provided. They shall have equal powers, duties and com- Powers, pensation, except that the power of appointment, nomina- duties, etc. tion and removal of the several employes provided by law for such court and the offices connected therewith, and the gen- Appointment eral direction and control of the business of such court, in- of employes cluding the division of the work between the judges, shall be of business. vested in the judge having served for the longest period continuously. Whenever the United States census shall show Additional that any county has two hundred fifty thousand inhabitants judges. and it has but one judge of probate, the additional office first herein provided for shall be deemed to be created and vacant, and whenever the United States census shall show that any county has five hundred thousand inhabitants the additional office next herein provided for shall be deemed to be created and vacant, which vacancy or vacancies shall be filled by appointment of the governor and the person so appointed shall hold office until his successor is elected and qualified. At the next general election a successor to such officer shall be elected who shall hold office until his successor shall be elected at the next alternate biennial election provided for in section fourteen of article seven of the constitution, and shall have qualified.

COUNTY CLERKS.

of office, and

(463), § 2570. SEC. 61. The county clerk in each organ- Election, term ized county shall be elected at the general election, for the bond. term of two years, and shall give a bond to the people of the state, in the penal sum of two thousand dollars, to be approved by the circuit judge, for the faithful discharge of the duties of his office.

Clerk to trans

tices to secre

Also of township and city

clerks and supervisors.

(464) $2575. SEC. 66. The clerk of each county shall mit list of jus- transmit to the secretary of state annually, within one week tary of state. after the fourth day of July, a list, certified by him, of all justices of the peace of the county, stating the time of their respective elections and their terms of service, their postoffice addresses, and whether elected to fill a vacancy, and if so, what vacancy; and whenever the county clerk shall receive information of the death, removal, or resignation of any justice of the peace of his county, it shall be his duty, forthwith, to notify the secretary of state of such vacancy; he shall also annually, immediately after receiving from the township and city clerks of his county the names and postoffice addresses of the township and city officers, transmit to the secretary of state the names and postoffice addresses of the several township and city clerks and supervisors, with the name of the township or city for which they are such clerks and supervisors set opposite their respective names.

When sheriff

elected; term

SHERIFFS.

(465) § 2577. SEC. 68. The sheriff of each organized of office; bond. county shall be elected at the general election, for the term of two years, and shall give bond to the people of this state in the penal sum of ten thousand dollars, and with such sufficient sureties, not less than three in number, as the judge of the circuit court, or the county judge shall approve.

Two coroners to be elected

in each county.

Election of.

When judge

to appoint

person to per

People v. Mayworm, 5/146; Lamoreaux v. Att'y Gen., 89/147.

CORONERS.

(466) § 2607. SEC. 86. Two coroners shall be elected for each of the organized counties of this state, at the general election, for the term of two years, who shall give bond to the people of this state, in such penal sum, and with such sufficient sureties, as the judge of the circuit court, or the county judge, shall direct and approve, the condition of which bond shall be in substance the same as that to be given by the sheriff; varying only in the description of the office.

People v. Cicott, 16/283.

REGISTER OF DEEDS.

(467) § 2610. SEC. 89. The register of deeds for each organized county shall be elected at the general election, for the term of two years, and shall give bond to the people of this state in the penal sum of three thousand dollars, with two sureties to be approved by the county treasurer, the condition of which shall be, that he shall faithfully and impartially discharge the duties of his office.

(468) § 2614. SEC. 93. If, during a vacancy in the office of the register of deeds, or his absence or inability to perform form duties of the duties of his office, there shall be no deputy register, or if such deputy be unable from any cause to perform the said

register.

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