SECTION 1. Each county in this State is a body politic and corporate for the purpose of suing and being sued; purchasing, taking and holding real and personal estate for county purposes; for conveying the same; for making all necessary contracts, and doing all other necessary acts in relation to the property and concerns of the county.

SEC. 2. The court of common pleas for each county shall have the custody of all property belonging to such county, and shall see that the same is kept in good condition, and when expedient may authorize the county treasurer to sell and convey any part thereof for the use of the county.

SEC. 3. Any suit against a county may be brought in the same or an adjoining county, and the court of common pleas may settle or make any arrangements respecting the same in behalf of the county, or may appoint an agent or agents to defend

the same.

SEC. 4. Payment of any execution against a county shall first be demanded of the treasurer, and if not satisfied within sixty days after such demand, it may then be levied upon the property of the county or of any inhabitant thereof, who shall have his action therefor against the county, and may recover any sum so paid, with exemplary damages and double costs.

SECTION 1. There shall be chosen on the second Tuesday of March annually, by ballot, by the inhabitants of the several towns and places in each county, qualified to vote for senators, a register of deeds, a treasurer and three road commissioners, each of whom shall hold his office until some other person is chosen and qualified in his stead.

SEC. 2. No person is eligible to the office of register, treasurer, road commissioner or clerk of any court, unless he is a resident of the county for which he is chosen. No person shall hold any two of said offices at the same time, and the acceptance of any office shall be a resignation of any office incompatible with it.

SEC. 3. The return of votes given in any town or place for any of said officers shall be made out, signed, certified and sealed by the clerk thereof, in all respects as is provided for the return of votes for senator.

SEC. 4. The clerks of the several towns in this State shall direct the returns of votes for county officers to the justices of the court of common pleas for the county, with a superscription expressing the purport thereof, and shall transmit the same to said justices on or before the first day of the sitting of said court, at the next stated term after the second Tuesday of March in each year. (Laws of 1845, chap. 240.)

SEC. 5. The justices aforesaid shall immediately proceed to examine said returns of votes, and the person who has received the highest number of votes for any office, shall be declared to be elected.

SEC. 6. If the candidates for any of said offices, having the highest number of votes, shall have an equal number, said justices shall appoint the requisite number from said candidates, who shail be declared to be duly elected.

SEC. 7. If the clerk of any town shall neglect to make any of the returns of votes aforesaid according to law, he shall for each

offence be punished by fine not exceeding fifty dollars, nor less than twenty dollars, for the use of the county.

SEC. 8. The clerk of each of said courts shall certify to the attorney general, or to the solicitor of the county, on the day succeeding the return day, every such default, and a prosecution shall be commenced therefor by said officers either by indictment or information, within one year from said return day, but not after.

SEC. 9. No such officer shall enter upon the discharge of any duty of his office until he shall have taken and subscribed the oath of office; and said oath shall be filed in the office of the clerk of the court of common pleas.

SEC. 10. Any such officer may be removed from office by the justices of the court of common pleas of the county for official misconduct, and the office declared vacant. If any person chosen or appointed, to either of said offices declines to accept, removes from the county, resigns, dies, or becomes insane, or when there is manifest hazard to the public interest, said justices shall declare the office vacant.

SEC. 11. In any case of vacancy, said justices shall appoint a commissioner who shall be sworn and shall perform all the duties, be subject to all the requirements and liabilities, and be entitled to all the privileges and emoluments of such vacant office.

SECTION 1. Before the county treasurer shall perform any duty of his office, he shall give bond to the county for the faithful discharge of his duties, in such sum, not less than two thousand dollars nor more than fifty thousand dollars, with such sureties as shall be approved by the court of common pleas, to be lodged with the clerk of said court and kept for the use of the county.

SEC. 2. It shall be put in suit by order of said court, which suit shall be brought in an adjacent county, and execution shall issue on any judgment obtained thereon for such amount not exceeding the penalty of the bond, as said treasurer shall be in arrear to the county.

SEC. 3. The treasurer shall collect and receive all moneys due to the county, and disburse the same according to law, and shall keep a fair and correct account thereof in suitable books, to be procured at the expense of the county.

SEC. 4. The order of the superior court shall be a sufficient voucher for the payment of the attendance of officers at any time, and all the necessary expenses of said court.

SEC. 5. The order of the court of common pleas shall be a sufficient voucher for the payment of the fees of grand and petit jurors, witnesses for the state, officers, criminal prosecutions, all incidental expenses of the court, expenses of laying out, building and repairing highways, pauper accounts, appropriations by the county convention and all other sums for which the county may be made chargeable.

SEC. 6. The treasurer shall render to the court of common pleas annually, and oftener if required, a true and minute statement of all the sums by him received and paid since the last statement made; and said court shall audit, adjust and settle the same.

SEC. 7. The treasurer shall make out and deliver to the clerk of said court, on or before the first day of June annually, a statement of his account as treasurer for the year commencing with the last annual settlement, in which shall be specified the sums and objects of all receipts and payments.

SEC. 8. Said clerk shall deliver such statement or cause the same to be delivered to the secretary of state prior to the second Wednesday of June annually, and shall publish the same in such newspaper as said court shall direct.

SECTION 1. Before any register shall perform any duty of his office, he shall give bond for the faithful performance of his duties, in such sum, not less than two thousand dollars nor more than fifty thousand dollars, and with such sureties, as shall be approved

by the court of common pleas. Such bond shall be given to the county, shall be lodged with the clerk of said court, and shall be for the benefit of any person who may be injured by the neglect or misconduct of said register.

SEC. 2. Such bond shall be put in suit by order of said court whenever any person may be aggrieved, and execution shall issue from time to time for all sums for which judgment may be recovered against such register, and for which a full satisfaction shall not have been otherwise obtained.

SEC. 3. The register shall keep his office open daily, (Sundays excepted,) in the place, if any there be, provided therefor by the county.

SEC. 4. He shall keep all books, records, files and papers carefully, and shall permit no paper there deposited to be taken from his office before it shall be recorded.

SEC. 5. He shall receive, file and record, for the legal fees, all deeds and instruments brought for that purpose, and shall examine the records and give certificates or copies thereof, when required.

SEC. 6. He shall keep a general index, containing two lists, arranged alphabetically; one consisting of all the names of grantors to grantees; the other the names of all grantees from grantors; in which he shall enter, at the time of recording any deed, the names of the grantors and grantees, as aforesaid.

SEC. 7. Immediately upon the receipt of any deed for record, he shall enter in separate columns in a book kept by him and open to inspection, the time when the deed is received, the name of the grantor, the name of the grantee and the name of the town in which the land conveyed is situate.

SEC. 8. If the register shall neglect any duty imposed by this chapter, he shall forfeit twenty dollars to be recovered by an action of debt in the name of the treasurer of the county, for the use of the county, and shall also be liable to an action on the bond as aforesaid.

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