25. CHANGES OF CIVIL JURISDICTION ERECTION AND ORGANIZATION OF LIVINGSTON COUNTY COURTS AND COUNTY BUILDINGS

The several Counties formerly embracing the Territory of Livingston

Erection and Organization of Livingston

First Election of County Officers

Organization and Early Proceedings of the Board of Supervisors

Organization of Courts

The Probate Court

County-Site and County Buildings

The Public Office Buildings

The New Offices of the Clerk and Register of Deeds

County Poor-House and Poor-Farm

COUNTIES FORMERLY EMBRACING THE TERRITORY OF LIVINGSTON

     THE county of Wayne was erected by executive act, November 1, 1815. This was the first County formed in the Territory of Michigan, and embraced all the lands within it to which the aboriginal title had been extinguished,--including, of course, all of the present county of Livingston.

     By executive proclamation, dated January 15, 1818, all of Wayne County lying north of the base-line was erected into the new county of Macomb, embracing all of the present counties of Macomb, Oakland, Livingston, St. Clair, and Lapeer, parts of Sanilac, Tuscola, and Shiawassee, the east half of Ingham, and all of Genesee, excepting a small part in its northwest corner; the boundaries of the newly-erected county being described in the proclamation as "beginning at the southwest corner of township number one, north of the base-line (so called) and in the first range; thence along the Indian boundary-line, north, to the angle formed by the intersection of the line running to White Rock, upon Lake Huron; thence with the last-mentioned line to the boundary-line between the United States and the British province of Upper Canada; thence, with said line, southwardly, to a point in Lake St. Clair due east from the place of beginning; thence, due west, to the eastern extremity of said base-line, and, with the same, to the place of beginning."

     Oakland was taken from Macomb and erected a county by proclamation of Governor Cass, dated January 12, 1819. That county then included, in addition to its present area, the southernmost tier of townships now in Shiawassee County, the two southern towns in Genesee, the east half of Ingham, and all of the present county of Livingston. It was not until March 28, 1820, however, that the organization of Oakland as a county was effected, under executive proclamation.

     Washtenaw County was "laid out" by the proclamation of Governor Cass, September 10, 1822, to include the two tiers of townships (Green Oak, Hamburg, Putnam, Unadilla, losco, Marion, Genoa, and Brighton) Which now form the south half of Livingston County, and also four tiers of townships south of the base-line. It was not organized as a county until December 31, 1836.

     Shiawassee County was "laid out" by executive proclamation at the same time that Washtenaw was erected, viz., September 10, 1822. Within the bounds of Shiawassee, as then laid out, there were embraced, in addition to its present territory, eight townships on the western side of Genesee, the northeast quarter of Ingham, and the north half of Livingston County, including the townships of Tyrone, Deerfield, Cohoctah, Conway, Handy, Howell, Oceola, and Hartland. Shiawassee was not organized until March 18, 1837. Thus it is shown that the territory which now forms the county of Livingston was first included in Wayne County and so remained until January 15, 1818, when it became a part of Macomb; that it was included in Oakland from the erection of that county, January 12, 1819, until September 10, 1822, when its southern half was given to Washtenaw, and its northern half to Shiawassee.

ERECTION AND ORGANIZATION OF THE COUNTY FIRST COUNTY ELECTION

     The territory now Livingston County remained included in Shiawassee and Washtenaw until March 21, 1833, when Governor George B. Porter approved "an act to provide for laying out the county of Livingston," as follows:

     "Be it enacted by the Legislative Council of the Territory of Michigan, That so much of the county of Washtenaw as is included within the following limits, viz.: townships one and two north, in ranges three, four, five, and six east of the principal meridian; and so much of the county of Shiawassee as is included within the following limits, viz.: townships three and four north, in ranges three, four, five, and six east of the meridian, be and the same are hereby set off into a separate county, and the name thereof shall be Livingston, which, for the present, shall, for all judicial purposes, remain the same as though this act had not passed.

     26.The name of the county was given in honor of Edward Livingston, Secretary of State, under President Jackson. The territory of the new county remained attached for judicial and municipal purposes as before, viz., the south half to Washtenaw, and the north half, to Oakland, -- as Shiawassee, not having been organized, was attached to that county.

     The organization of Livingston County was effected under an act of the Legislature, approved March 24, 1836, by which it was provided "That the county of Livingston shall be organized, and the inhabitants thereof shall be entitled to all the rights and privileges to which, by law, the inhabitants of other counties of this State are entitled."

     At its organization the county embraced the townships of Green Oak, Hamburg, Putnam, Unadilla, Howell, and Hartland, Green Oak--erected March 17, 1835 -- included its present area, and also the township of Brighton; Hamburg--erected March 26, 1835 -- included, in addition to its present limits, the township of Genoa; Unadilla -- laid out March 26,1835 -- included the present township of losco; Putnam -- erected March 23, 1836 -- took in what is now the township of Marion; Howell -- erected March 23, 1836 -- included, in addition to its present area, the townships of Oceola, Deerfield, Cohoctah, Conway, and Handy; and Hartland -- laid out at the same time -- was embraced in its present limits. The northeastern (surveyed) township, of the county--now Tyrone -- had not then been laid out by law, but was included in Deerfield, at the erection of that township, by act of March 20, 1837. The subsequent subdivisions of the county are noticed in the several township histories.

     Under the provisions of the act organizing Livingston County a special election for county officers was held on the first Monday in May, 1836, resulting in the election of the following-named persons:

     The total number of votes cast in the county for sheriff was one hundred and eight, this being the highest number cast for any of the offices. Of these one hundred and eight votes, Justus J. Bennett received fifty-one; F. J. Provost, twenty-five; J. F. Provost, twenty-two; and Joseph Loree ten. For the office of county clerk ninety-one votes were cast, of which number F. J. B. Crane received ninety, and E. Barnard one. For register of deeds, Ely Barnard received the whole number cast,-- eighty-one. For treasurer, Amos Adams received seventy-one, and S. D. Dix seven. For judge of probate, Kinsley S. Bingham received seventy-eight; Isaac Smith, Jr., ten; Isaac Smith, seven; Kinslow Noble, one; Kins Bingham, two; Elnathan Noble, one; Anthony Gale, one; and Kinsley S. Probate, one. For associate judges, the two successful candidates--Elisha W. Brockway and Elnathan Noble-- received, respectively, fifty-one and ninety-nine votes; and for the same office, Jonathan Burnett received eighteen; Elisha M. Brockway, twenty-four; E. Noble, one; Kinsley S. Bingham, one; and "Noble," one. #

ORGANIZATION AND EARLY PROCEEDINGS OF THE BOARD OF SUPERVISORS

     The first meeting of the Board of Supervisors of Livingston County was held at the house of Amos Adams, in Howell, on the fourth day of October, 1836; the Supervisors present being:

     Eli Lee was chosen moderator and Ely Barnard clerk. The Board then adjourned to meet on the following day. Upon reassembling, as per adjournment, Elnathan Noble, Supervisor of Unadilla, appeared and took his seat, and the Board proceeded to business. The session was continued until the, sixth of October, when the Board adjourned sine die. The business done at the session was as follows: It was

     "Resolved, by the Board of Supervisors, that a bounty of three dollars be paid by the county treasurer to any person who shall produce the certificate of a magistrate, or other proper officer authorized to administer an oath, that the said person has actually killed a full grown wolf within the limits of the County of Livingston since, the organization of said county, and that 27. the scalp of said wolf has been destroyed by the person administering the oath."

     For the payment of such bounties, a wolf-bounty fund of sixty dollars was voted, and the Board voted to raise a contingent fund of three hundred dollars for the expenses of the county.

     The apportionment of taxes to the several towns of the county, and the assessment of each, was fixed as follows:

     Amos Adams, County Treasurer, was directed to pay the amount of the State tax as above to the State Treasurer, out of any moneys paid into his hands by the several township collectors. The following county orders were issued:

     The second annual meeting of the Board was held on the third of October, 1837, in Howell, at the village school-house, but on account of cold and lack of heating apparatus in that building, adjourned to the Register's office. The Supervisors present were the following named, representing all the towns then organized in the county, viz.:

Elisha W. Brockway, of Green Oak. Thomas J. Rice, of Hamburg. William T. Curtis, of Genoa. John W. Smith of Howell. Jacob Snell, of Byron (now Oceola). Aaron Palmer, of Putnam. John How, of Deerfield. Elnathan Noble, of Unadilla. Thomas Hoskins, of Marion. Eli Lee, of Hartland.

    One of the first items of business transacted at this meeting, was the giving of authority and directions to the sheriff "to purchase for the use of the county a good twenty-eight inch stove, and place the same in the school-house in the village of Howell, and sufficient length of six-inch English pipe for the use of the same, and charge the same to the county." The bounty on wolves was continued at three dollars per head, and a fund of one hundred dollars was voted to pay such bounties. A fund of six hundred dollars was voted for contingent expenses of the county. Orders were issued on audited accounts to the amount of nineteen hundred and sixty-three dollars and eighty-four cents. The taxes as apportioned to the several towns, and the assessment of each, was as follows:

     The Board adjourned October 7th to meet November 9, 1837, at which time, upon reassembling, there was no business to be transacted, and they adjourned sine die.

     At the annual meeting of the Board, held at the Register's office in Howell, October 2, 1838, all but one of the present townships of the county were represented, the following-named Supervisors being present: (list re-alphabetized by webmaster)

     The assessment and apportionment of taxes to each township, as there equalized, were as follows:

28.

     The previous vote granting bounties on wolves killed within the county was rescinded; county orders were issued to the amount of two thousand three hundred and ninety-three dollars and eighty-nine cents, and the Board adjourned sine die, October 6, 1838.

     By the provisions of a law passed by the Legislature in 1838, the powers and duties of the Board of Supervisors were transferred to and vested in a Board of County Commissioners. Under this law the first Board of Commissioners of Livingston County organized, and held their first meeting at the clerk's office, in Howell village, on Tuesday, the twentieth of November, 1838. Present: the full Board, viz., Emery Beal, Charles P. Bush, and Orman Holmes. Emery Beal was chosen chairman, and after resolving to rent a building for a Register's office, and directing the Register to place a stove therein at the expense of the county, the Board adjourned.

     The office of County Commissioner was abolished by act of Legislature approved February 10, 1842, and the duties and powers of that Board were transferred back to the Board of Supervisors of the county. The first meeting of the Supervisors of Livingston County under this law was held April 21, 1842, at the room where the courts were then held, in Howell. From that time until the present, the Board has continued to exercise its legitimate powers and functions undisturbed by further experimental legislation.

ORGANIZATION OF COURTS

     The act under which the county of Livingston was organized provided that "all suits, prosecutions, and other matters now [then] pending before any court of record, or before any justice of the peace" in the county of Washtenaw or of Oakland should be prosecuted to final judgment and execution in the same manner as if the act had not been passed.

     The first term of the Court for the county of Livingston ± was held at the school-house, in the village of Howell, on the eighth day of November, 1837. Present: the Hon. William A. Fletcher, Chief justice of the Supreme Court, and the Hon. Elisha W. Brockway and Hon. Elnathan Noble, Associate judges, all of whom are now dead. The names of the grand jury attending at that term were Price Morse, Edward F. Gay, Norman Brainard, Adoniram Hubbell, William E. Redding, Joseph Cole, Peter Y. Browning, Philester Jessup, James Wright, William L. Mead, Albert Parker, John Drake, George Walker, Horace Toncre, Jonathan Burnett, William B. Hopkins, Augustus Colton, Richard Toncre, and John Andrews. George W. Walker was appointed by the court, foreman. There being no prosecuting attorney for the county, the court appointed James Kingsley, of Ann Arbor, to act in that capacity for the term. The court appointed Samuel G. Percy as crier. The list of names of petit jurors at that term were as follows: Solomon Gew, Dan M. Fuller, Anson Nelson, Joseph Whitacre, Amos B. Root, Russell Blood, James Livermore, Seth G. Wilson, John Sutherland, Stephen Cornell, George Sewell, Frederick Goodenow, George W. Glover, Isaac Ela, Royal C. Barnum, Uriah Collson, James D. McIntyre, and Francis Lincoln. The grand jury soon reported to the court that they had no business before them, and they were therefore discharged. There being no cases for trial, the petit jurors were also discharged.

     Judge Fletcher was a native of Massachusetts, and was engaged for some years in mercantile pursuits in that State. He settled in Michigan about the year 1820, and studied law in Detroit, and commenced the practice of his profession in that city. He was at one time attorney-general for the Territory. He was appointed chief justice of the Supreme Court after the admission of the State into the Union, and revised the statutes of the State in 1838.

     He resigned his office as judge in 1842, resumed the practice of his profession, and died in Ann Arbor about 1855. He was a man of high character and strict integrity. The next circuit Judge of the county was the Hon. Alpheus Felch. Judge Felch was born in Maine, in September, 1806. He was a graduate of Bowdoin College. He emigrated to Michigan in 1833, and settled at Monroe.

     29. He was a member of the State Legislature in 1836-37. In 1842 he was appointed auditor-general; a few weeks after which he resigned that position, and was appointed judge of the Supreme Court. In 1845 he was elected Governor of the State, and in 1847 was elected a senator in Congress for six years. He now resides at Ann Arbor. He was an able judge, and is still in the practice of his profession. The next circuit judge of the county was the Hon. Charles W. Whipple. The next circuit judge who presided in this county was the Hon. Sanford M. Green, who is now the circuit judge of the Eighteenth judicial Circuit, and resides at Bay City. The next circuit judge was the Hon. Josiah Turner, who is still the judge of this district, and resides at Owosso.

THE PROBATE COURT

     No business was done in the Probate Office of Livingston County during the incumbency of its first judge of Probate, the Hon. Kinsley S. Bingham. The first Probate Court in the county was held by his successor, the Hon. James W. Stansbury, in Pinckney village, on the twenty-fifth of December, 1838; and the first business done was the appointment of a guardian for the minor heirs of Henry Zulauf, deceased.

     The first letters of administration were granted March 13, 1838, to Phoebe H. Drake, of Unadilla, and Thomas G. Sill, of Dexter, on the estate of John Drake, of Unadilla, deceased.

     The first will admitted to probate, and recorded in the Probate Office, was that of James Sage, the first settler of Howell village and township, who died June 29, 1839. The will was dated January 15th of that year, bearing the names of Wellington A. Glover, Mabel Glover, and O. J. Field as attesting witnesses, and was recorded July, 1839. Joseph H. Pinckney was appointed executor of this will, which made bequests to the widow and children of the testator; the latter being mentioned as George T., James R., and Chester A. Sage, Mary A. W. Pinckney, and Hannah A. Walker.

     The second will recorded was that of Timothy H. Munger, of Marion, dated June 29, 1840, bearing the signatures of Gardner Carpenter, Henry Green, and Horace Griffith as attesting witnesses, naming Horace Griffith as sole executrix, and bequeathing all the property of the testator to his wife, Adaline Munger. This will was recorded January 19, 1841.

     During the entire term of judge Stansbury (1837 to 1840, inclusive) the Probate Court was held at his office, in the village of Pinckney. The first Court of Probate held at Howell was by judge George W. Kneeland, February 8, 1841 and the, first business done at that time was the granting of letters of administration on the estate of Josiah P. Jewett. From that time until the present the Probate Court has been held at the county-seat. It has been mentioned above that the first term of court for the county of Livingston was held in the Howell school-house, in November, 1837. This school-house stood within the original plat of the village, laid out by Messrs. Crane and Brooks in 1835; which plat had been designated as the county-site of Livingston, in 1836, by three commissioners appointed for the purpose by the Governor of Michigan in accordance with the provisions of an act, passed by the Legislature at its session in that year, to locate and establish county sites for counties in which they had not been previously established.

     In 1837 an act was passed by the Legislature authorizing the Supervisors of any county to borrow money for the erection of county buildings. The Supervisors of Livingston, thereupon, at their annual meeting in October, 1837,

      "Resolved, That the qualified electors of the county be notified that a vote will be taken at the next annual election (November, 1837) whether the Board shall be authorized to borrow, on the credit of the county, a sum not exceeding ten thousand dollars for the erection of county buildings," as provided in the act above named. The notice was accordingly issued and the vote taken, but the result in the county was adverse to the loan.

     In 1838, an act was passed (approved February 23d) providing "that the Board of Supervisors of Livingston County be, and they are hereby, authorized to borrow on the credit of the said county at a rate of interest not exceeding seven per cent per annum, and for a term not less than five nor more than fifteen years, a sum of money not exceeding one thousand dollars, for the purpose of erecting a jail for said county."

     The question of taxation for the purpose of erecting necessary county buildings was again submitted to the voters of the county at the annual election of 1838, and the result was the same as in the previous year. The courts continued to be held at the village school-house in Howell, and the sheriff continued to take such prisoners as he had to Ann Arbor for confinement, as authorized by an act approved February 8, 1858, which empowered him "to convey prisoners to Washtenaw County, and deliver them into the custody or the sheriff or keeper of the jail of that county."

     On the twenty-first of April, 1842, the Board of Supervisors resolved "that George W. Kneeland, 30. Richard P. Bush, and Jared Clark be authorized to contract with Benjamin J. Spring for his house to hold courts and to do other business in until the first day of the next November term of the Circuit Court.'' And this committee reported that they had so contracted with Mr. Spring for his ballroom for that period, for fifteen dollars, he to furnish wood. At the same meeting the Board authorized the drawing of an order in favor of the Presbyterian Society of Howell, for twenty dollars "for the use of their meeting-house at the last term of court, on condition that they can have it at twenty-five dollars a term as long as it is necessary; said house to be used for all county meetings." Soon after this, the Presbyterian Church building became the court-house of Livingston County, and continued to be used regularly for sessions of the court for about three years, the county paying forty dollars per annum for its use. The prisoners of the county were still confined at Ann Arbor.

     From the time when the county-site was established at Howell, in 1836, a determined opposition to the location had been developed, and strong efforts were made to secure its removal. This project was brought before the Legislature at the session of 1837, and was met and defeated by the remonstrance of F. J. B. Crane (the proprietor of the original plat of Howell) and a large number of other signers. The agitation for changing the location of the seat of justice continued, however, unabated (and in fact rather increasing) for a number of years, and took the form of a project to enlarge the county, by taking in a part of Oakland; thus to bring Brighton nearer the territorial centre, and cause the county-site to be located at that village. This agitation had the effect of causing the defeat of all attempts to raise money by taxation for the erection of county buildings under the provisions of the acts or 1837 and 1838.

     The site on which the court-house and public offices now stand was not included in the limits established as the county-site in 1836. Within those limits Mr. Crane had laid out and donated a square of ground (still known as the "old public square") for the purpose of the erection of county buildings and at the time of its laying out there seemed no reason to doubt that when such buildings were erected they would be located on that square. Influences were afterwards brought to bear, however, which secured the passage of an act (approved March 20, 1841) providing "That the limits of the present county-site of the county of Livingston be, and the same are hereby, so extended as to embrace the west half of section thirty-six, township three north, of range four east; and that the county commissioners * of said county be, and they are hereby, authorized to erect, in conformity to law, county buildings on the site they shall deem most eligible on the said described land; provided the owners of said land shall convey to the county by a good and sufficient title, free and clear from all incumbrance, four acres of land for the site that shall be, so selected." The tract thus added to the limits within which the site for county buildings might be located joins the original (Crane and Brooks) plat on the north and east, including all that part of the west half of the section not embraced in the plat. ¶ It was from the lands embraced within this extension that at, the present courthouse square was selected. It includes a part of the northwest, and a part of the southwest quarter of section thirty-six, and was conveyed to the county in 1842 and 1843. The chain of title is as follows: The part lying in the southwest quarter was entered from government, December 3, 1833, by John D. Pinckney for Alexander Fraser. On the second of July, 1835, Alexander Fraser deeded to Alexander D. Fraser, trustee for Edward Brooks and Charles G. Hammond, both of Detroit. On the twenty-third of October, in the same year, it was conveyed back to Alexander Fraser, and on. the twenty-fourth of the same month John D. Pinckney €   and Alexander Fraser conveyed an

"O. B. CHAMBERS,

Committee."