bond to the people of this state in the penal sum of two thousand dollars, to be approved by the circuit court or the county judge, for the faithful discharge of the duties of his office. TITLE III CHAPTER 14. Const., art. 6, § 5. SEC. 62. The condition of such bond shall be in substance as follows: Condition of bond. "Whereas, the above bounden been elected to the office of clerk of the county of hath at the general election held therein, (or at a special election held there- SEC. 63. Each county clerk shall appoint a deputy, to be approved Deputy clerk, how appointed. by the circuit court or the county judge, and may revoke such appointment at his pleasure; which appointment and revocation shall be in writing, under his hand, and filed in his office; and in the absence of the clerk from his office, or from the court, the deputy may perform all the duties of such clerk. Clerks, &c., re of deputy. SEC. 64. The county clerk and his sureties shall be responsible for the acts of his deputy; and in case of the death, resignation or remo- sponsible for acts val of the clerk, or in case of a vacancy by any other means, in the said office of clerk, the deputy shall perform all the duties of such When deputy to clerk, until such vacancy shall be filled. act as clerk. SEC. 65. The books necessary to be kept and used in the clerk's Books to be prooffice, shall be procured by the clerk, under the direction of the judge cured, of the circuit court, at the expense of the county; and the board of supervisors of the county shall audit and allow the accouut for such books, on the certificate of the said judge. transmit list of 1840, p. 52, § 6. SEC. 66. The clerk of each county shall transmit to the secretary Clerk, when to of state, annually, within one week after the fourth day of July, a list justices to secrecertified by him, of all justices of the peace of the county, stating the tary of state. time of their respective election, and their terms of service, 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. seat of justice. SEC. 67. The county clerk shall keep his office at the seat of justice To keep office at for the county, and shall receive such fees and compensation for his services as shall be provided by law. Of Sheriffs. When sheriff SEC. 68. The sheriff of each organized county shall be elected at the general election, for the term of two years, and shall give bond elected, term to the people of this state in the penal sum of ten thousand dollars, of office, bond, and with such sufficient sureties, not less than three in number, as the judge of the circuit court, or the county judge shall approve. SEC. 69. The condition of such bond shall be in substance as follows: Condition of "Whereas, the above bounden been elected to the office of sheriff of the county of hath sheriff's bond. TITLE III. CHAPTER 14. Sheriff may ap point deputies. Under sheriff. When under shriff to act as sheriff. Appointment of deputies, &c,, how made. Sheriff to renew security. To have care of Jails. cess. When sheriff, at the general election held therein, (or at a special election held there- SEC. 70. Each sheriff may appoint four deputies, for whose official acts he shall be in all respects responsible, and may revoke such appointments at his pleasure; and persons may also be deputed by any sheriff, by an instrument in writing, to do particular acts. SEC. 71. The sheriff of each countv shall, as soon as may be, after entering upon the execution of his office, appoint some proper person under sheriff of the same county, who shall also be a general deputy, to hold during the pleasure of such sheriff; and as often as a vacancy shall occur in the office of such under sheriff, or he become incapable of executing the same, another shall in like manner be appointed in his place. SEC. 72. Whenever a vacancy shall occur in the office of sheriff of any county, the under sheriff of such county shall in all things execute the office of sheriff, until a sheriff shall be elected and qualified; and any default or misfeasance in office of such under sheriff in the mean time, as well as before, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed him, and also a breach of the condition of the bond executed by such under sheriff to the sheriff by whom he was appointed. Sec. 73. Every appointment of an under sheriff, or of a deputy sheriff, and every revocation thereof, shall be in writing under the hand of the sheriff, and shall be filed and recorded in the office of the clerk of the county; and every such under sheriff or deputy shall, before he enters upon the duties of his office, take the oath prescribed by the twelfth article of the constitution of this state. But this section shall not extend to any person who may be deputed by any sheriff to do a particular act only. SEC. 74. It shall be the duty of every sheriff, within twenty days after the first Monday in January in each year subsequent to that in which he shall have entered on the duties of his office, to renew the security required to be given by him before entering upon the duties of his office; which renewed security shall be in the same amount, and be given in the same manner, and be subject in all respects to the same regulations, as the original security required from such sheriff. SEC. 75. The sheriff'shall have the charge and custody of the jails of his county, and of the prisoners in the same; and shall keep them himself, or by his deputy or jailor, for whose acts he shall be responsible. SEC. 76. The sheriff in person or by his under sheriff or deputies, To execute pro- shall serve or execute according to law, all process, writs, precepts and orders, issued or made by lawful authority, and to him directed. Sec. 77. Sheriffs and their deputies may execute all such process &c. may execute as shall be in their hands at the expiration of the term for which such piration of office. sheriffs were elected, or at the time of their removal from office; and in case of a vacancy in the office of sheriff, every deputy in office un◄ der him, having any writ or process in his hands at the time such va process after ex 1839, p. 246, § 5. cancy happened, shall have the same authority, and be under the same obligation to serve and execute, and return the same, as if such sheriff had continued in office. TITLE III. CHAPTER 14. ty. &c., breach SEC. 78. Any default or misfeasance in office of any deputy sheriff Default of depu or jailor, after the death, resignation or removal of any sheriff by whom of sheriff's bond. he was appointed, shall be adjudged a breach of the bond of such sheriff. Action for mal SEC. 79. Any action for the malfeasance, misfeasance or nonfeasance of a sheriff or any of his deputies, may be prosecuted against feasance, &c., of the executors or administrators of such sheriff, in like manner as if sheriff, &c., to the cause of action survived at common law. survive. to act as attorney or counsel, SEC. 80. No sheriff, deputy sheriff or coroner shall appear in any No sheriff, &c., court as attorney or counsel for or on behalf of any party in a suit; nor shall he draw, make or fill up any writ, declaration plea or pro- or draw papers. cess, for any such party; nor shall he, with intent to procure himself to be employed in the collection of any demand, or the service of any process, advise or counsel any person to commence any suit or proceeding; and either of said officers, for a violation of any provision of this section, shall forfeit the sum of fifty dollars. certain cases. SEC. 81. Any sheriff, deputy sheriff, coroner or constable, may re- Sheriff, &c. may quire suitable aid in the service of process in civil or criminal cases, in require aid in preserving the peace, or in apprehending or securing any person for felony or breach of the peace, when such officer may have power to perform such duty; and when any such officer shall find resistance made against the execution of any process, or shall have good reason to believe that such resistance will be made, he may take the power of the county, and proceed therewith in proper person to execute such process. services charge SEC. 82. Whenever a sheriff shall be required, by any statutory When sheriff's provision, to perform any service in behalf of the people of this state, able to the state. and for their benefit, which shall not be made chargeable by law to his county, or to some officer or other person, his account for such services shall be audited by the auditor general and paid out of the state treasury. office and give SEC. 83. It shall be the duty of the sheriff of every county to keep Sheriff to keep an office at the place where the courts for such county are held, of notice thereof. which he shall file a notice in the office of the clerk of the county; and to keep the same open during the usual business hours each day, Sundays excepted. atsheriff's office. SEC. 84. Every notice or other paper which shall be required to be Papers may be served on any sheriff, may be served by leaving the same at the office served by leaving designated by him in such notice, during the hours for which it is required to be kept open; but if there be any person belonging to such office therein, such notice or paper shall be delivered to such person; and every such service shall be deemed equivalent to a personal ser vice on such sheriff. en, papers may SEC. 85. If no notice shall be filed by any sheriff with the county If no notice giv. clerk as herein required, the service of all papers on such sheriff may be left at county be made by leaving them at the office of the county clerk, with such clerk's office. clerk or his deputy; and the same shall be deemed equivalent to a personal service on such sheriff. Coroners. SEC. 86. Two coroners shall be elected for each of the organized Two coroners to counties of this state, at the general election, for the term of two years, county. To give be elected in each bond. TITLE III. CHAPTER 14. 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 Const. art. 7, § 4. shall be in substance the same as that to be given by the sheriff; varying only in the description of the office. When coroner to be designated SEC. 87. When there shall be no sheriff or under sheriff in any counto act as sheriff. ty, the judge of the circuit court or the county judge, shall designate one of the coroners to perform the duties of sheriff, which coroner, so designated, shall be vested with the same powers, and be liable in the same manner as sheriffs, until a sheriff shall be elected and qualified; and shall have the custody and control of the jail and the prisoners therein; and when the sheriff, for any cause shall be committed to the jail, the coroner living nearest the jail shall be keeper thereof during the time the sheriff shall remain a prisoner therein. Coroners to execute process when sheriff a party. &c. Register of deeds SEC. 88. Every coroner within his county, shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party or interested in the case; and in all cases where a coroner may execute the duties of the sheriff, he shall have the same powers conferred upon, and proceed in the same manner prescribed for the sheriff, in the performance of similar duties; and such coroner shall be liable in the same manner, and to the same extent, as sheriffs are made liable in similar cases. Register of Deeds. SEC. 89. The register of deeds for each organized county shall be to be elected and elected at the general election, for the term of two years, and shall give bond. 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 treasCoust. art. 7, § 4, urer, the condition of which shall be, that he shall faithfully and impartially discharge the duties of his office. SEC. 90. The register shall keep his office at the seat of justice for Office to be kept the county, and shall receive such fees and compensation for his services as may be provided by law. at seat of justice. Register to ap SEC. 91. The register of deeds shall appoint a deputy, to hold his point deputy, &c, office during the pleasure of the register; such appointment and the revocation thereof to be in writing, and filed in the office of the county clerk; and before such deputy shall enter upon the duties of his office, he shall take the oath prescribed by the twelfth article of the constitution, and for the faithful performance of his duties by such deputy the register and his sureties shall be responsible. When deputy to act as register. SEC. 92. In case of a vacancy in the office of the register of deeds, or his absence or inability to perform the duties of his office, such deputy shall perform the duties of register during the continuance of such vacancy or disability. SEC. 93. If during a vacancy in the office of register of deeds, there shall be no deputy register, or if such deputy be unable from any cause, to perform the said duties, the judge of the circuit court ties of register. for the county, or the county judge may, by writing under their hands, When judge to appoint person to perform du Supervisors to provide books for recording. (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. SEC. 94. The board of supervisors of each county shall from time to time provide suitable books, at the expense of the county, for the entering and recording of all deeds and matters required by law to be eutered and recorded by the register of deeds. County Surveyors. TITLE III. CHAPTER 14. or to be elected; SEC. 95. The county surveyors for each organized county, shall be elected at the general election, for the term of two years, and shall County survey. give bond to the people of this state, in the penal sum of two thousand term of his office dollars, with two sureties to be approved by the county treasurer, conditioned for the faithful and impartial discharge of the duties of his Const., art. 7, § 4. office. and bond. SEC. 96. Each county surveyor may appoint one or more deputies, Surveyors may and revoke such appointment at pleasure; which appointment and re- appoint deputies. vocation shall be in writing, under his hand, and filed with the county clerk, and such deputies shall take the constitutional oath of office; and for the faithful performance of the duties of their office by such deputies, the said surveyor and his sureties shall be responsible. SEC. 97. The certificate of the surveyor or his deputy, of any survey Certificates of made by him of any lands in the county, shall be presumptive evidence surveyor, when presumptive eviof the facts therein contained, unless such surveyor or deputy shall be dence. interested therein. terested, surveys SEC. 98. The county surveyor, in person or by deputy, shall make Surveyor to and execute such surveys within his county, as may be required of make surveys him by order of any court, or by application of any person therefor. ordered by court. SEC. 99. Whenever a survey may be required of any land, in which When surveyor the county snrveyor or either of his deputies shall be interested, or or deputies inwhen, from any cause there shall be no surveyor or deputy surveyor may be made by of the county to be found or able to act, such survey may be made by county surveyor the surveyor of an adjoining county or either of his deputies, in like county. manner, and to the same effect, as if such survey had been made by the surveyor of the county where the land is situated. of adjoining SEC. 100. Each county surveyor shall record, in a suitable book to be What surveys to provided by him at the expense of the county, all surveys made by be recorded. him and his deputies, except such as are made for a temporary purpose, and surveys of township highways, inserting at the head of each survey so recorded the name of the person for whom it was made, and the number of the survey in the order in which it shall be made; to which book he shall make an index, referring to such names, or in some other suitable manner referring to each survey, and the number thereof. County surveyor to deliver books and papers to successor. Penalty for neglect. SEC. 101. When the term of office of any county surveyor shall expire, or he shall resign or be removed, he shall deliver over all the books and papers relating to his office, to his successor therein; and any county surveyor, who, on the expiration of his term of office, or on his resignation or removal, shall neglect for the space of one month after his successor shall be elected or appointed and qualified, to deliver such books and papers as aforesaid, and any executor or administrator of any deceased county surveyor, who shall neglect for the space of one month to deliver to such successor all such books and 1845, p. 65. papers which shall come to his hands, shall forfeit and pay a sum not less than ten nor more than fifty dollars, and a similar sum for every month thereafter during which he shall so neglect to deliver the same as aforesaid. former survey ed over. SEC. 102. All records of surveys, field notes and calculations, made Records, &c., of by any former county surveyor, since the organization of the state ors to be delivergovernment, and now in the hands of such former county surveyor, or of any other person, shall, on demand of the county surveyor of the proper county, be immediately delivered to him, as a part of the re |