tried in such courts. In states where there is no attorney. general for the state, the prosecuting attorney for each coun ty serves in this capacity, in trials in which the state is a par. ty. As all breaches of the peace, and all crimes, are considered as committed against the state, this attorney is sometimes called state's attorney.

EXERCISES.

§ 1. What are some of the corporate powers of a county mentioned in a preceding chapter? By whom, in some states, are these powers exercised? What other duties do they perform? By whom, in this state, are the several powers and duties mentioned in this section exercised and performed?

§ 2. Mention the general duties of a county treasurer. Is there a county auditor in this state? By whom, in this state, are the accounts of the county audited? How are county treasurers appointed in this state?

§3. What is the business of a register or recorder By whom, and where, are such instruments recorded in this state?

§ 4. Mention the general duties of a sheriff. for what time are sheriffs elected in this state?

How, and

§ 5. What is the duty of coroners? How is an inquest conducted? By whom are inquests held in this state? § 6. What are the duties of a county surveyor? Does this office exist in this state?

§7. What are the duties of the prosecuting attorney for each county? How is he appointed in this state?

CHAPTER XVII.

Of Town Officers; and their Powers and Duties.

§ 1. THE principal officers generally elected in towns are the following: one or more persons who have the general management of town affairs, called selectmen, or trustees, or

supervisors, or by some other name corresponding to the nature of their duties; a town clerk; one or more assessors; one or more overseers of highways; overseers of the poor; officers to manage school affairs; constables; collectors of taxes; treasurer; fence viewers; pound keepers, &c. In some states there are also sealers of weights and measures; persons to measure and inspect wood, lumber, bark, and other commodities.

§ 2. The officers first named are differently styled in different states. In the New England states, there are at least three of these officers in each town, (in no state more than nine in a town,) and are called selectmen. In Ohio, and perhaps a few other states, they are called trustees of townships, and are three in number. In New York and Michigan, there is in each town but one such officer, called supervisor. In some states their powers and duties are more extensive than in others. They have power to lay out roads, and lay out and alter road districts; and to do certain acts relating to roads, bridges, taxes, common schools, the support of the poor, &c., and to examine and settle all demands against the town. In some of the states, however, some of these duties are in whole or in part performed by other officers.

§ 3. The town clerk keeps the records, books, and papers of the town; records in a book the proceedings of town meetings, and the names of the officers elected at the town meetings; and such other papers as are required by law to be recorded. In some states, deeds and other conveyances are recorded by the clerks of towns.

§ 4. The duties of assessors and collectors relate to the assessment and collection of taxes, and are described in another chapter.

§ 5. Each town is divided by the proper officers into as many road districts as may be judged convenient; and a person residing in each such district is chosen, called overseer or supervisor or surveyor of highways, whose duty it is to repair and keep in order the roads in his district. In some

states, a tax is laid and collected, sufficient to keep in repair the highways, each person assessed being allowed to perform labor or furnish materials to the amount of his tax. In other states, road taxes are ordinarily assessed upon the citizens in

days' labor, according to the value of their property; every man, however, being assessed at least one day for his head, which is called a poll-tax. Persons not wishing to labor, may pay an equivalent in money, which is called commuting. §6. The town treasurer receives all moneys belonging to the town, and pays out the same as they may be wanted for town purposes, and accounts yearly to the proper officers. This office does not exist in all the states.

§ 7. It is the duty of overseers of the poor to provide for the support of all poor and indigent persons belonging to the town, who need relief, and have no near relations who are able to support them.

§ 8. The principal duties of a constable are, to serve all processes issued by justices of the peace in suits at law for collecting debts and for arresting persons charged with crimes.

§ 9. The general duties of other town officers are indicated by their names, and will not be described in this place.

EXERCISES

§ 1. What officers are usually elected in towns? Are all these elected in the towns of this state

§ 2. Mention the names and the general duties of the officers who have the supervision of town affairs. What are they called in this state?

§3. Mention the principal duties of town clerk.

§ 4. To what business do the duties of assessors and collectors relate?

5. By what officers are the roads kept in repair? How are road taxes usually assessed? What is it to commute? § 6. What is the duty of a town treasurer ?

in each of the towns of this state?

Is there one

§ 7. State the duty of overseers of the poor. Are there county poor houses in this state?

§ 8. State the general duties of a constable.

CHAPTER XVIII.

Of the Government of Cities and Villages.

§ 1. CITIES and villages have governments peculiar to themselves. It is evident that places containing a large population, need a different government from that of ordinary towns or townships. Many of the laws regulating the affairs of towns sparsely inhabited, are not adapted to a place where many thousand persons are compactly settled. Besides, the electors in such a place would be too numerous to meet in a single assembly for the election of officers, or for other town purposes. Whenever, therefore, the inhabitants of any place become so numerous as to require a city government, they apply to the legislature for an act incorporating them into a city.

§ 2. The act or law of incorporation is usually called a charter. This word is from the Latin, charta, which means paper. The instrument of writing by which the king granted privileges to individuals or corporations, were written on paper or parchment, and called charters. Many such grants were made to the people of the colonies while subject to Great Britain. Hence the use of the word here, which is now applied to an act of the legislature conferring privileges upon cities and villages, and certain other corporations.

§ 3. The chief executive officer of a city is a mayor. A city is divided into wards of convenient size, in each of which are chosen one or more aldermen, (usually two,) and such other officers as are named in the charter. The mayor and aldermen constitute the common council, which is a kind of legislature, having the power to pass such laws and ordinances, and make such orders and regulations, as the government of the city requires. The mayor presides in meetings of the common council, and performs certain judicial, and numerous other duties. There are also elected in the several wards, assessors, constables, collectors, and other necessary officers, whose duties in their respective wards are similar to those of like named officers in country towns. Until within

a few years, mayors in many cities were, and it is believed in some they still are, appointed by the common council.

§ 4. It must not be supposed, however, that the people in cities are wholly governed by laws made by the common council. Most of the laws made by the state legislature have the same effect in cities as elsewhere, but there are additional laws made by these local legislatures. For example: The laws of the state require that taxes be assessed and levied upon the property of the people of the state, to pay the public expenses; and the people of the cities are required to contribute an equal proportion of the same; but the city authorities may impose and collect additional taxes for city purposes.

§ 5. In cities there are also courts of justice other than those which are established by the constitution or general laws of the state. A court for the trial of persons guilty of disturbing the peace, and of such minor offences generally as are punished by imprisonment in the county jail, exists in cities, and is called a police court. It is held by a police justice, who is either elected by the people or appointed in such manner as the law prescribes. In some of the larger cities, there are courts of civil as well as criminal jurisdiction different from those which are common to counties generally.

§ 6. The government of incorporated villages is not in all respects like that of cities. The chief executive officer of such villages is in some states called a president. The village is not divided into wards, the number of inhabitants being generally too small to render such division necessary. Instead of a board of aldermen, there is a board of trustees who exercise similar powers. The president of a village is usually chosen by the trustees from their number.