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duties, the judge of probate of the county may, by writing under his hand, appoint some suitable person to perform the duties of register of deeds for the time being, who shall take an oath of office, and give such bond as the said judge shall direct and approve.

See section 499.

COUNTY SURVEYOR.

of county

(469) § 2617. SEC. 95. The county surveyors for each Election organized county shall be elected at the general election, for surveyor. the term of two years, and shall give bond to the people of this state, in the penal sum of two thousand dollars, with twỏ sureties to be approved by the county treasurer, conditioned Bond. for faithful and impartial discharge of the duties of his of

fice. No one shall be eligible to be elected to the office of Eligibility. county surveyor, unless he be

(a) A graduate from an engineering course in the university of Michigan, the Michigan agricultural college or the Michigan college of mines;

(b) Or a graduate from an engineering course of some other college or university of equal standard with the above; (c) Or a person who has completed all the prescribed courses in surveying of an engineering course in some reputable college or university, which shall meet the requirements of subdivisions (a) and (b) and has had at least two years experience in the active practice of surveying or engineering; (d) Or a person who has had at least five years experience in active practice of civil engineering or surveying within the state of Michigan.

Am. 1915, Act 229.

FILING OATHS AND BONDS BY COUNTY OFFICERS.

officers to

(470) § 2641. SEC. 118. Each of the officers named in Certain this chapter, except notaries public and prosecuting attor- take oath, neys, shall, before entering upon the duties of his office, and etc. within twenty days after receiving official notice of his election, or within twenty days after the commencement of the term for which he was elected, take and subscribe the oath of office prescribed by the constitution of this state, before some officer authorized by law to administer oaths, and deposit the same with the clerk of the proper county, who shall file and preserve the same in his office.

FORM OF OATH: See section 73.

official bonds.

(471) § 2642. SEC. 119. Each of the said officers of Filing of whom a bond shall be required by law, except the said treasurer, before entering upon the duties of his office, and within the time limited in the last preceding section for depositing his oath, shall deposit his bond with the said treasurer, who shall file and preserve the same in his office; and the said

Commission of prosecuting

treasurer, before entering upon the duties of his office, and within the time limited in the preceding sections for depositing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office.

Detroit v. Weber, 26/284; People v. Johr, 22/461. An officer who is himself a surety on the bond cannot approve it.-Stevenson v. Bay City, 26/44; Gallery v. Bank, 41/172.

(472) § 2645. SEC. 122. Whenever the governor shall apattorney to be point a prosecuting attorney, the secretary of state shall transmitted. transmit his commission to the clerk of the county for which such prosecuting attorney was appointed, and the county Clerk to give clerk, on receiving such commission, shall immediately give notice thereof to the person so appointed.

notice.

Person

appointed to take oath before clerk.

Term, when to commence.

(473) § 2646. SEC. 123. The person so appointed shall, before entering upon the duties of his office, and within twenty days after receiving notice of his appointment, appear before the county clerk, and take and subscribe the oath of office prescribed by the constitution, and file the same with the clerk, who shall thereupon deliver to the person so appointed the commission received by him for such person, and shall thereupon give notice to the secretary of state of the filing of such oath, and of the time of filing the same.

(474) § 2647. SEC. 124. The regular terms of office of the several county officers elected at the general election shall commence on the first day of January succeeding their election, but those elected at the general election, or at a special election, to fill vacancies, may qualify and enter upon the execution of their offices immediately after being notified of their election.

Election.

Term.

Powers.

Proviso, two commission

ers.

CIRCUIT COURT COMMISSIONERS.

[Extract from the Judicature Act of 1915, chapter ii.]

(475) SEC. 96. There shall be elected at the next general election to be held in this state, and every two years thereafter, one circuit court commissioner in each of the organized counties, who shall enter upon the discharge of their official duties on the first day of January succeeding their election, and shall hold their offices two years, and be vested with judicial powers not exceeding those of a judge of the circuit court at chambers: Provided, That in each county in this state wherein any census taken by the authority of this state, or of the United States, shall show a population of twenty thou sand or more, there shall be elected at the general election next succeeding the taking of such census, and every two years thereafter, two such circuit court commissioners; except as otherwise provided by any existing local act.

(476) SEC. 97. Whenever, in any county, two circuit court Designation commissioners shall have been elected, it shall be the duty of successor. the board of county canvassers to designate which of the persons so elected shall succeed to the office theretofore held by each circuit court commissioner: Provided, That if in any Proviso, case the said board of county canvassers shall neglect or re- by judge. fuse to make such designation it may be made by the circuit judge of the judicial circuit of which such county constitutes the whole or a part.

when made

(477) SEC. 98. No person shall be elected a circuit court Qualification. commissioner unless he be at the time an attorney and counselor.

(478) SEC. 99. Every circuit court commissioner, before Oath of office. he shall enter upon the duties of his office, shall take and subscribe the oath of office prescribed by the constitution of this state, before some judge or clerk of a court of record, and cause the same to be filed by him in the office of the county clerk of his county.

(479) SEC. 100. Each circuit court commissioner, before Bond. entering on the performance of the duties of his office, shall execute a bond to the people of this state, with sufficient surety or sureties to be approved by the circuit judge or clerk Approval. of his county, conditioned for the faithful performance of the duties required of him by law, in the penal sum of not less than three thousand nor more than five thousand dollars, in the discretion of the circuit judge or county clerk by whom the same may be approved; said bond, when approved, shall be filed with the county clerk of the proper county. Any cir- Renewal. Icuit court commissioner shall renew his bond whenever required so to do by the circuit judge of his county.

how filled.

(480) SEC. 117. Whenever a vacancy shall occur, for any Vacancy, cause, in the office of circuit court commissioner of any county, the governor may fill such vacancy by the appointment of a person eligible to such office, who shall, upon taking the official oath and executing and filing the bond, as provided in section one hundred of this chapter, be authorized and required to discharge all the duties of circuit court commissioner, and shall be liable to all the provisions of law touching said office, and shall hold the same until his successor shall be duly elected and qualified.

Election of county commissioner of schools.

bond.

Proviso as to Chippewa county.

COUNTY COMMISSIONER OF SCHOOLS.

[Extract from Act 147, P. A. 1891.]

(481) § 4809. SEC. 2. There shall be elected at the election held on the first Monday in April, nineteen hundred three, and every fourth year thereafter, in each county, one commissioner of schools, whose term of office shall commence on the first day of July, next following his or her election, and who shall continue in office four years, or until his or her File oath and successor shall be elected and qualified. The county commissioner of schools elected under the provisions of this section shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of public instruction in all respects as provided in section one of this act: Provided, That in the county of Chippewa the commissioner of schools heretofore elected on the first Monday in April, nineteen hundred three, shall hold office until the first day of January, nineteen hundred nine, or until his successor shall be elected and qualified. Hereafter in the said county of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year thereafter, whose term of office shall commence on the first day of January next following his or her election: Provided, That in the county of Lake Lake county. the commissioner of schools heretofore elected on the first Monday in April, nineteen hundred seven, shall hold office until the first day of January, nineteen hundred eleven, or until his successor shall be elected and qualified. Hereafter in the said county of Lake, a commissioner of schools shall be elected at the general election to be held in nineteen hundred ten and every fourth year thereafter, whose term shall commence on the first day of January next following his or her election.

Proviso as to

Eligibility.

Teacher.

Graduate.

Proviso, teacher's certificate.

Am. 1901, Act 35; 1905, Act 169; 1907, Act 115.

(482) § 4810. SEC. 3. Persons eligible to hold the office of commissioner of schools must possess the following qual ifications:

(a) Twelve months experience as a teacher in the public schools of this state;

(b) Must be a graduate of the literary department of some reputable college, university, or state normal school having a course of at least three years: Provided, That the holder of a state teacher's certificate, or of an indorsed first grade certificate, or of a certificate granted in another state and indorsed by the state board of education of this state,

shall be eligible in any county: Provided further, That per- Further sons who now hold the office of commissioner of schools shall proviso. be eligible to succeed themselves: Provided further, That Further in counties employing less than fifty teachers a person hold- proviso. ing at the time of his or her election a second grade certificate shall be eligible in the county where such certificate was granted, unless a person qualified as heretofore provided cannot be secured to fill the position.

Am. 1909, Act 222.

QUALIFICATIONS OF COMMISSIONER: A high school is not a college within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by law, or one granted without any examination, or one granted upon public examination after election as commissioner, does not qualify.-People v. Howlett, 94/165. The legislative intent is to keep up the standard of teachers by requiring certain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work.-People v. Howlett, 94/169. It was held that persons elected to the office of commissioner, and holding the same after the amendment of 1895, are eligible since the statute is still the act of 1891, notwithstanding the amendments.Att'y General v. Lewis, 151/81.

how filled.

(483) § 4819. SEC. 12. Whenever by death, resignation Vacancy, or removal from office, or otherwise, a vacancy shall occur in the office of county commissioner of schools, the county clerk shall issue a call to the board of supervisors of the county and said board shall meet at the office of the county clerk on a date to be named in said notice, not more than ten days from the date of such notice, and said board shall appoint a person who is qualified according to statute to fill the vacancy for the unexpired portion of the term of office.

Am. Id.

(484)

BOARD OF COUNTY ROAD COMMISSIONERS.

[Extract from Act 283, P. A. 1909, Ch. IV.]

commission

chosen.

SEC. 6. In any county where the county road sys- County road tem shall be adopted, a board of county road commissioners ers. consisting of one or more, but not exceeding three commissioners as shall be determined by resolution of the board of supervisors, shall be elected by the people of such county. In How first the first instance such commissioner or commissioners shall be appointed by the board of supervisors or elected at a general or special election called for that purpose, as shall be ordered by the board of supervisors. If such commissioner or commissioners are appointed they shall hold office only until the first day of January in the year in which the next regular session of the legislature is held. If such commissioner or Election. commissioners are to be elected at a general election, notice thereof, embodying a copy of the resolutions of the board of Notice. supervisors, giving the number and terms of office of the com

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