of prosecuting by the Governor, Auditor General, Treasurer, or any other State To notify neglect officer; and also to notify the county treasurer of the proper county, of the neglect or refusal of any prosecuting attorney to 1941, p. 15, Sec. 2 make the annual report to the Attorney General required of him by law. attorneys. To pay over moneys. To keep register of demands, etc., same to succes sor. (260.) SEC. 33. All moneys received by the Attorney General, for debts due or penalties forfeited to the people of this State, shall be paid by him, immediately after the receipt thereof, into the Treasury. (261.) SEC. 34. The Attorney General shall keep, in proper and deliver the books to be provided for that purpose at the expense of the State, a register of all actions or demands prosecuted or defended by him in behalf of the people of this State, and of all proceedings had in relation thereto, and shall deliver the same to his successor in office. Compensation. (262.) SEC. 35. The Attorney General shall receive an annual salary of seven hundred dollars, payable quarter-yearly, and his actual necessary expenses.1 Adjutant General; how appointed; his rank and term of office. 7. From chapter twelve of Revised Statutes of 1846. THE ADJUTANT GENERAL. (263.) SEC. 52. An Adjutant General for this State shall be appointed by the Governor, by and with the advice and consent of both branches of the Legislature in joint convention, who shall 1844, p. 100, Sec. be of the rank of Brigadier General, and shall hold his office for two years and until his successor shall be appointed and qualified. (264.) SEC. 53. The Adjutant General shall, before entering upon the duties of his office, and within twenty days after notice of his appointment, take the constitutional oath of office, and file 1814, p. 100, Sec. the same with the Secretary of State, and shall receive, as a full compensation for all his services, the sum of three hundred dollars annually, payable quarter-yearly.' Oath of office and compensation. 7. To make return of militia to Governor annually. (265.) SEc. 54. He shall, in each year, prepare a return of the militia of this State, exhibiting their full numerical strength, together with all the arms and military stores belonging to the State, designating the several kinds, condition, and place of deposit, which return he shall deliver to the Governor on or before the first day of December. 1 As amended by Act 105 of 1847, p. 163. The salary is increased to eight hundred dollars by Art. 9 of the Constitution. See section 420. See section 924. (266.) SEC. 55. The Adjutant General shall perform all such Other duties. other duties relating to the militia, arms, and military stores of this State, as are required of him by law. From chapter twelve of Revised Statutes of 1846. STATE SEC. 49.1 LIBRARY AND LIBRARIAN. where kept, and to. (267.) SEC. 50. The State Library shall be kept in the room in State Library; the Capitol which it now occupies, until some other provision shall who have access be made in reference thereto, and the members of both Houses of the Legislature, and the Executive and Judicial officers of the State, shall at all times have free access thereto, under such regulations as shall have been made by the Secretary of State. SEC. 51.2 An Act to provide for the better management and care of the State Library. [Approved April 2, 1850. Laws of 1850, p. 363.] how appointed. (268.) SECTION 1. The People of the State of Michigan enact, Stato Librarian; That a State Librarian shall be appointed by the Governor, by and with the consent of the Senate, who shall hold the office for the term of two years, whose salary shall be fixed at the sum of eight Salary of. hundred dollars per year, payable monthly, out of the State Treasury, upon warrant of the Auditor General, and whose duty it shall Duty of. be to have the sole care and charge of the Library, and the affairs pertaining thereto, and who shall make a biennial report to the Leg- Biennial report. islature at the commencement of each regular session thereof, as to its condition, and the number and description of the volumes contained therein." catalogue of (269.) SEC. 2. That the State Librarian shall within twenty days To make out after the passage of this act, and also on the first Monday of Jan- books. uary in each and every year thereafter, preceding the regular or biennial session, make out and deliver to the Auditor General a full catalogue of all the books at such time belonging to the State Library, in his possession, which catalogue shall be published bien- Catalogue to bo nially for the use of the Legislature.* 1 This section, as well as section 51, related to the duties of the Secretary of State as Librarian, and is superseded. See last note. As amended by Act 40 of 1871. Laws of 1871, p. 39. published. Bond of Librarian. Books to be re turned by mem ture, etc., before they receive (270) SEC. 3. The Librarian shall, before entering upon the duties of his office, file with the Auditor General his receipt for all property entrusted to him, and give a good and sufficient bond, approved by the Secretary of State, conditioned for the safe keeping of such property; and such bond and receipt shall not be canceled until the receipt of his successor for the property deliv ered over to him shall be obtained, and payment for all deficiencies made. (271.) SEC. 4. Before any member of the Senate or of the House bers of Legisla- of Representatives, or of the Convention to revise the Constitution, shall receive their pay in full, it shall be necessary for such member to obtain and exhibit a certificate from the Librarian, stating that such member has returned all books he may have drawn, if any, from the State Library. their pay. Prosecution for detention of books. Act to be published. Repeal of inconsistent laws. Sale of books authorized. (272.) SEC. 5. If, at the expiration of sixty days after the pas sage of this act, any person shall unlawfully or improperly have in his possession any book or books belonging to the State Library, such person shall be liable to prosecution therefor, both by civil and criminal proceedings; and it shall be the duty of the Attorney General to ascertain, so far as practicable, the names of those who may become liable under this section, and forthwith to prosecute the same. (273.) SEC. 6. The Secretary of State shall cause this act to be published for six weeks next succeeding its passage, in each of the newspapers published in the city of Detroit. (274.) SEC. 7. All provisions of law inconsistent with this act are hereby repealed. SEC. S. This act shall take effect and be in force from and after its passage. An Act authorizing the State Librarian to sell or dispose of certain books or public [Approved March 16, 1865. Laws of 1865, p. 339.] (275.) SECTION 1. The People of the State of Michigan enact, That the State Librarian is hereby authorized to dispose of, by sale, under direction of and at prices established by the Board of State Auditors, any surplus books or public documents now on hand, or which may hereafter be printed by direction of the Legislature, or at the expense of the State, and placed under the care or control of said Librarian. for, to be paid ury, (276.) SEC. 2. All moneys received by said State Librarian on Money received account of the sale of any such books or public documents, shall into State Treasbe paid into the State Treasury quarterly, and the amount thereof, with the number and kind of books or documents thus sold, shall be embraced in his annual report to the Legislature. SEC. 3. This act shall take immediate effect. An Act relative to copies of the United States Laws. [Approved March 1, 1847. Laws of 1847, p. 36.] Laws to be pro posited in State (277.) SECTION 1. Be it enacted by the Senate and House of Copies of U. S. Representatives of the State of Michigan, That the Secretary of cured and deState is hereby authorized and directed to procure one or more Library. complete copies of the Laws of the United States, to be deposited in the State Library for the use of the Legislature; and when so procured and deposited, the said copy or copies shall not be taken from the Capitol by any person whatsoever. From chapter twelve of Revised Statutes of 1846. THE BOARD OF STATE AUDITORS. Auditors; their duties. Sec. 4. (278.) SEC. 44. The Secretary of State, State Treasurer, and Board of State Commissioner of the State Land Office shall constitute a Board of powers and State Auditors, and as such they shall have power, and it shall be their duty annually, and at any other time in their discretion, to enter into a full settlement and final adjustment with every officer and agent of the State, of all debits, credits, claims, and demands, Const. Art. 8, of whatsoever description, between such officer or agent and this State, and it shall also be their duty to examine, adjust, and settle all other claims and demands against this State which may be presented by any other person or persons, the settlement of which is not otherwise already provided by law; but such board shall not allow and audit any claims against the State, unless the same shall be established by competent testimony; and said board shall keep Mode of proa record of its proceedings, which shall contain each claim presented and its items, an abstract of the evidence taken, the amount adjusted and settled in favor of the person or persons presenting the claims, or in favor of the State; and any member of said board shall have power to administer oaths to any person or persons presenting claims, or to witnesses; to examine the person or persons under oath; to issue subpoenas to any part of the State against witnesses; and if any witness or witnesses fail to appear in pursuance thereof, ceeding. es. Fees of witness- and the fees provided herein shall have been paid or tendered, to issue attachments to compel their attendance; to set off any legal or equitable claim against such person or persons in favor of the State, upon proof of the same, and to adjourn from time to time: Provided however, That every witness shall be entitled to one dollar a day while in attendance before the board, and six cents a mile in coming to the place of attendance, to be paid by the party who procures said witnesses: And provided further, That in all settlements with the State Treasurer, the Auditor General shall be a member of said board for that purpose, to the exclusion of the Treasurer. ' When annual settlement of accounts to be inade. (279.) SEC. 45. The annual settlement of the accounts of the several receiving or disbursing officers or agents of this State, before the Board of State Auditors, shall be had as soon after the first day of December, in each year, as the accounts of said officers on the books of the Auditor General can be closed for the preceding fiscal year; of which time the Auditor General shall give notice to the Treasurer, who shall thereupon require said several officers and agents to appear before said board at his office, on some 1844, p. 81, Sec. day to be designated by him, of which time he shall also notify the other members of the board. Notice to be given. 1. Settlement with When party entitled to warrant for payment of claim. (280.) SEC. 46. As soon as practicable after the expiration of the official term or resignation of any such receiving or disbursing officer or agent, the Secretary of State shall give notice to the Board of State Auditors, and to such officer or agent, to meet at the office of the State Treasurer, for the purpose of making a full and final settlement of the accounts of such officer or agent; and the said board shall proceed thereon in the same manner as is provided in relation to the annual settlement of said account.1 (281.) SEC. 47. If, upon the allowance of any claim, or upon a balance being struck on any settlement made in pursuance of this chapter, it shall appear that the State is indebted to the party with whom such settlement is made, or to whom such claim shall be allowed, he shall be entitled to a warrant drawn by the Auditor General upon the State Treasurer therefor forthwith; but if it shall appear that such party is indebted to the State, said board shall indebted to State demand immediate payment of the amount due; and if for any cause such payment is not immediately made, the fact shall be entered upon the books of the Treasury, and the Treasurer shall give notice thereof to the Auditor General, and the Auditor General Proceeding when party is 1 As amended by Laws of 1851, p. 178. |