an inquiry into the charges made; and such Prosecuting Attorney shall thereupon give at least eight days' notice to the officer accused, of the time and place at which he will proceed to the examination of witnesses in relation to such charges, before some Circuit Court Commissioner for the same county; and he shall also, at the time of giving such notice, serve on the officer accused a copy of such charges. (b)

enforcing obedi

(480.) SEC. 8. The Prosecuting Attorney may issue sub-Subprenas, and pœnas, signed by him with his name of office, to compel the ence thereto. attendance of any witness whom he shall deem material, before the County Judge of the county, and such Judge shall have the same power to enforce obedience to such subpoena, by attachment, and to commit any person who shall refuse to be sworn, or to answer, as the Circuit Court would have in a civil cause pending therein.

have subpoenas.

(481.) SEC. 9. On the application of the officer accused, to Accused may the Prosecuting Attorney, or to any Justice of the Peace, he shall be entitled to the like process of subpoena, obedience to which may be enforced in the same manner as provided in the last preceding section, by the Judge before whom the inquiry may be conducted.

made to be trans

ernor.

(482.) SEC. 10. At the time and place therein specified in the Examinations notice, the Commissioner before whom such inquiry shall be mitted to Govconducted, shall proceed to take the testimony of the witnesses produced before him by the Prosecuting Attorney and the officer accused, which witnesses shall be sworn by such Commissioner; and every answer given by them to any question which either party shall require to be reduced to writing, shall be written by, or under the direction of such Commissioner; their testimony shall then be read to, and subscribed by them, and shall be certified by the Commissioner taking the same, and delivered to the Prosecuting Attorney, who shall transmit the same to the Governor. (c)

when charges

Prosecuting At

(483.) SEC. 11. Whenever charges shall be made against Proceedings, any Prosecuting Attorney, as provided in section six of this made against chapter, the Governor shall direct the Attorney General, or torney. the Prosecuting Attorney of some county adjoining that in which the accused resides, or some other attorney at law, to conduct the inquiry into such charges; and such officer or

(b) As amended by "An Act to Amend Chapter Fifteen of the Revised Statutes of 1846." Approved Jan. 29, 1853. Laws of 1853, p. 17.

(c) As amended by the act of Jan. 29, 1853. See last note.

1840, p. 36.

Authority to remove County Clerk.

attorney, when so directed, shall have, and exercise the same powers to conduct such inquiry, and shall proceed therein in the same manner, as the Prosecuting Attorney of the proper county is authorized and required to do in other cases.

(484.) SEC. 12. The Judge of the Circuit Court and the Circuit Court Commissioner, shall have authority in term time or vacation, to remove the County Clerk, when, in their opinion, he is incompetent to execute properly the duties of his office; or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if, in their opinion, such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said Judge or Commissioner, and notice of the hearing, with a copy of the charges, Clerk may be delivered to such clerk, and a full opportunity given him to be heard in his defence." (d)

heard in defence.

When Governor may declare cer

cant.

(485.) SEC. 13. The office of State Treasurer, Commissioner of tain chces va the Land Office, or of any other collector or receiver of public moneys, appointed by the Legislature, by the Governor alone, or by the Governor, by and with the advice and consent of the Senate, or of both branches of the Legislature, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the Governor, in case it shall appear to him, on sufficient proofs, that such Treasurer, Commissioner, or other officer, has in any particular wilfully violated his duty.

SUPPLYING VACANCIES.

Governor may fill certain vacan

(486.) SEC. 14. When, during the recess of the Legislature, cies during recess there shall be in either of the offices to be appointed by the

of Legislature.

Governor alone, or by the Governor, by and with the advice and consent of the Senate, or of both branches of the Legislature, or by the Legislature without the concurrence of the Governor, no officer duly authorized to execute the duties thereof, some suitable person may be selected and appointed by the Governor to perform the duties of either of said officers for the time being; and when, during the recess of the

(d) As Amended by the Act of January 29, 1853. See note (b).

Legislature, the term of office of any officer appointed by the Governor alone, or by the Governor, with the advice and consent of the Senate, or of both branches of the Legislature, or by the Legislature without the concurrence of the Governor, shall expire, the Governor shall have power to appoint some suitable person to such office, and such person shall hold such office, unless sooner removed by competent authority, until the close of the next session of the Legislature, or until his successor is appointed, or elected and qualified. (e)

Judge may ap

execute duties of

Prosecuting At

(487.) SEC. 15. When, at any time, there shall be, in either of When Circuit the offices of County Clerk or Prosecuting Attorney, no officer point person to duly authorized to execute the duties thereof, the Judge of the County Clerk and Circuit Court of the circuit in which the county where such torney. vacancy exists shall be situated, may appoint some suitable person to perform the duties of either of said officers for the time being; and when at any time there shall be in either of the offices of Sheriff, Coroner, Register of Deeds, or County Surveyor, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the County How other Coun Clerk and Prosecuting Attorney of the county to perform the filled for the time duties of either of said offices for the time being. (ƒ)

ty offices may be

being.

ed to fill vacancy directions, etc.

(488.) SEC. 16. Each of the persons appointed in pursuance Persons appointof either of the two last preceding sections, shall, before pro- to comply with ceeding to execute the duties assigned him, comply with such conditions and directions as shall be prescribed and given relative to oaths and bonds, by the officer or officers appointing him as aforesaid.

ed by Governor how long to hold.

(489.) SEC. 17. All officers appointed by the Governor officers appointduring the recess of the Legislature, shall continue to exercise during recess, the duties of their respective offices until the close of the next succeeding session, unless others shall be appointed in their stead by competent authority, and shall have entered upon the discharge of their respective duties.

An Act Prescribing the Manner of Filling Vacancies in certain State Offices.
[Approved June 23, 1851. Laws of 1851, p. 266.]

certain State

(490.) SECTION 1. The People of the State of Michigan enact, Vacancies in That whenever, from any cause, there shall be a vacancy in offices; how fillthe office of Auditor General, Attorney General, Secretary of

ed.

(e) (f) See note (a).

State, or State Treasurer, Superintendent of Public Instruction, or Commissioner of the State Land Office, the Governor shall have power to appoint some suitable person to fill such vacancy, and the person so appointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed; and such person shall hold such office, unless sooner removed by competent authority, until his successor shall be elected and qualified under the Constitution of this State, or until the close of the next session of the Legislature.

SEC. 2. This act shall take effect and be in force immediately.

County officers appointed by

till expiration of regular term.

An Act in Relation to Vacancies in County Offices filled by Appointment by the Governor.

[Approved February 17, 1857. Laws of 1857, p. 420.]

(491.) SECTION 1. The People of the State of Michigan enact, Governor to hold That whenever a vacancy shall occur in any county office, and such vacancy shall have been filled by appointment by the Governor, such appointment shall continue, and the person so appointed shall hold said office during the unexpired portion of the regular term limited to such office, unless the Governor shall sooner revoke and determine such appointment.

Repeal of contravening Acts.

(492.) SEC. 2. That all acts and parts of acts which in anywise contravene the provisions of this act, be, and the same are hereby repealed.

This act is ordered to take immediate effect.

TITLE V.

OF TOWNSHIPS AND TOWNSHIP OFFICERS.

CHAPTER XII. Of the Powers and Duties of Townships, and Election and Duties of Town. ship Officers.

CHAPTER XIII. Of the Division of Townships.

CHAPTER XIV. Of Fences and Fence Viewers; Of Pounds and the Impounding of Cattle.

CHAPTER XII.

OF THE POWERS AND DUTIES OF TOWNSHIPS, AND ELECTION AND DUTIES OF TOWNSHIP