day thereof, which shall be specified in the same: provided however that subpoenas for witnesses may be executed and returned forthwith, and all such citations, writs, and process other than subpoenas for witnesses shall have the seal of such Court affixed thereto, and all such citations, writs, subpoenas and process may be directed to any lawful officer of this State, whose duty it shall be to execute and return the same.

Sec. 9. That the County Courts shall have like power to punish contempts as the District Courts can or may have and exercise.

Sec. 10. That each County Court shall cause to be procured, and kept in the Clerk's office, suitable books in which it shall be the duty of the Clerk to record all the proceedings of each term of the Court, which record shall be read over, and signed by the Chief Justice or the member of the Court presiding, at the end of each term, and the Clerk shall also record all the proceedings of such Court that are authorized to take place in the vacation between the terms, and such records shall be read over on the first day of the term of the proper Court next after such proceedings took place, and shall be signed by the Chief Justice or member of the Court presiding.

Sec. 11. That there shall be elected, by the qualified electors of each County in this State, on the first Monday in August, 1848, and every two years thereafter, one Chief Justice and four County Commissioners who shall each hold their offices for a term of two years, and until their successors respectively shall be elected and qualified; in case of a vacancy in either of said offices, before the expiration of the term of two years from his election, an election shall be ordered to fill such office, for the unexpired term, and the person so elected shall continue to discharge the duties of his office until his successor shall be elected and qualified: provided, however, that not more than one of said Commissioners shall be a resident of the same Justices' precinct, and at any regular election, the four persons having the highest number of votes and resident in different precincts, shall be declared to be elected, and at an election to fill a vacancy, the person having the highest number of votes and not resident in a precinct where there is already one of aid Commissioners, shall be declared to be elected, provided, also, that when any county shall not have as many as four precincts, then only two of said Commissioners may be elected from any one precinct.

Sec. 12. That neither the Chief Justice or any of said county Commissioners shall enter upon the duties of their offices until they shall have first taken and subscribed the oath of office, prescribed by the Constitution, before some officer authorized to administer oaths, which oath, together with the certificate of the officer who administered the same, shall be filed and recorded in the Clerk's office of the County Court, and if either of said officers shall neglect to accept and qualify as aforesaid, within ten days after he is declared duly elected, his election shall be deemed void, and another election shall be ordered to fill the office.

Sec. 13. That there shall be elected by the qualified electors of each county of this State, on the first Monday in August 1848, and every two years thereafter, a Clerk of said County Court, who shall hold his office for a term of two years, and until his successor is elected and qualified; in case of a vacancy in said office of Clerk, before the expiration of the term of two years from the regular election, an election shall be ordered to fill such vacancy, for the unexpired term, and the person so elected shall continue to perform the duties of his office until his successor shall be elected and qualified.

Sec. 14. That every person elected Clerk of the County Court, before entering upon the duties of the office, shall enter into bond, with two or more good and sufficient sureties, to be approved by the Chief Justice, in a sum not less than two thousand dollars, payable to the Governor of the State, and his successors in office, conditioned, that the person so elected, shall well and truly discharge and perform all the duties of the office of Clerk of the County Court, and shall also take and subscribe the oath of office prescribed by the Constitution, before some officer authorized to administer oaths, which shall be endorsed on, or attached to said bond, together with the certificate of the officer who administered the same: such bond and oath shall be recorded in the County Clerk's office, and shall be deposited with the Clerk of the District Court of the County; such bond shall not be void on the first recovery, but may be sued on from time to time, in the name or names of any person or persons injured by a breach thereof, until the whole penalty shall have been recovered.

Sec. 15. That the said Clerk shall have the custody of all the minutes, records, books, and papers belonging, or appertaining to the County Courts, and Probate Courts, that have

heretofore existed in their respective counties, and it shall be their duty to attend to the arrangement, and preservation of the same.

Sec. 16. That the Clerks of the several County Courts of this State shall have power, by writing, under their hand and seal, to appoint a deputy, for whose official acts, they shall be responsible, and such deputy shall take and subscribe the oath of office prescribed by the Constitution, before some officer authorized to administer oaths, which shall be endorsed on or attached to the appointment, together with the certificate of the officer who administered the same, and such appointment and oath shall be recorded with the county records, and deposited with the Clerk of the District Court of the county.

Sec. 17. That if from any cause the Clerk of the County Court is absent from the county seat, or is unable or unwilling to attend to the duties of his office, and he has no deputy, or if any duties are required to be done in the office of said Clerk, before an election can be had to fill a vacancy, the Chief Justice may, by an order entered on the minutes of the Court, either in vacation or term time, appoint a Clerk pro tem for said Court, and any person appointed shall take the oath, and give bond in like manner as herein provided for Clerks who are elected, but such appointment, shall in no case continue in force for more than thirty days.

Sec. 18. That whenever the office of Clerk of the County Court shall become vacant, all books, records, papers and effects belonging or appertaining to such office, shall be delivered to the person who may be appointed, or elected and qualified to fill such vacancy, when demanded by him, and any person having possession of any such books, records, papers, and effects, who shall neglect to deliver them to the person so appointed or elected and qualified, when demanded by him, may be cited to appear before the Chief Justice, either in term time or in vacation, to show cause why he should not so deliver such books, records, papers and effects, and on the return of such citation served, the Chief Justice may cause the person so neglecting to be arrested and imprisoned until he shall so deliver such books, records, papers and effects, unless good cause be shown why the same should not be done.

Sec. 19. That when in the record of any order, judgment or decree of the County Court, there shall be any mistake, and there shall be any papers on file in said Court, whereby such

record may be safely amended, the Chief Justice may cause the same to be amended in open Court according to the truth and justice of the case, but in all such cases the person or persons, to be effected by such amendment shall have notice of the application for such amendment.

Sec. 20. That the regular terms of the County Court shall commence and be held at the Court House of each county in this State, on the last Monday in every month, for the Probate of wills, the granting of letters testamentary, of administration and of guardianship, and the transaction of all business growing out of, or connected with the powers and jurisdiction of the County Court over executors, administrators and guardians, and the estates of deceased persons, minors, idiots, lunatics and persons non compos mentis; such terms shall be held by the Chief Justice, without the assistance of any of the County Commissioners, and may be continued from day to day for one week, but not longer, and the Chief Justice shall have authority to transact such business growing out of or connected with such powers and jurisdiction, during the vacation between said terms of said Court, as may be authorized by law. Sec. 21. That a regular term of the County Court shall commence and be held at the Court House of each county in this State, on the third Monday in. February, May, August and November, in every year, for the transaction of all business growing out of or connected with the powers and jurisdiction of the County Court, over all matters other than those named in the second and twentieth sections of this act; such terms shall be held by the Chief Justice, with the assistance of any two or more of the County Commissioners, and may continue for three days but not longer, and special terms of said Court may be held in like manner, and for like purposes as provided for in this section, at such other times as the Chief Justice may appoint, provided, however, that no county tax shall be levied unless at some one of the regular terms, and with the assent of the Chief Justice and three of the County Commissioners, or the assent of the four Commissioners.

Sec. 22. That the Chief Justice and County Commissioners shall each receive one dollar and fifty cents, for every day they may be necessarily engaged in attendance on any regular term of said. Court, that they are required to hold, to be paid out of the County Treasury, but they shall not be paid for any special term.

Sec. 23. That during any vacancy in the office of Chief Justice, any two of the County Commissioners shall have power to hold all such Courts, as the Chief Justice can hold, and to do and perform all such official acts as he can do and perform.

Sec. 24. That if any person who has been elected or appointed Clerk of the County Court, shall neglect to give bond and take the oath of office, within ten days after he shall have been declared elected or appointed, the office shall be deemed vacant, and a new election ordered or a new appointment made.

Sec. 25. That if any Chief Justice, County Commissioner or Clerk of the County Court, shall be guilty of any misdemeanor in office, he may be indicted therefor, by a grand jury of the county, and on conviction in the District Court, his office shall be declared vacant by the Court, and he shall thereafter be incapable of holding any office in this State.

Sec. 26. That the Chief Justices, County Commissioners, Clerks of the County Courts, and their deputies, shall have power to administer oaths of office, and all other oaths and affirmations, and give certificates thereof.

Sec. 27. That the Chief Justice of the County Court, shall have power to take the acknowledgment and proof of all instruments of writing for the purpose of being recorded, and they shall also have power to examine and take the acknowledgment of married women, to all deeds of their separate property, and all deeds to property, for the sale of which their consent is required, in like manner, and under the same rules and regulations as are provided for Notaries Public, and all acts so done by any Chief Justice of a County Court, in this State, shall have the same force and effect as if done by a Notary Public.

Sec. 28. That all books, records, papers, and effects belonging, or appertaining to the County and Probate Courts of the different counties of this State shall be transferred to the County Court established by this act, and the said County Court shall have and exercise all the powers conferred by law on County Courts, which are not herein enumerated, and the various officers of said Court shall have and exercise all the powers not herein enumerated, which are conferred by law on such officers, and such powers shall be exercised in accordance with the laws conferring them, and the provisions of this act.