Revised Statutes of 1846
R.S. of 1846
45.16 County courthouse, jail, offices, and other buildings; location, construction, maintenance, and expense thereof; examination of plan for jail.
Sec. 16.
Each organized county shall, at its own cost and expense, provide at the county seat thereof a suitable courthouse, and a suitable and sufficient jail and fireproof offices and all other necessary public buildings, and keep the same in good repair. However, and notwithstanding the provisions of section 11 of Act No. 156 of the Public Acts of 1851, as amended, being section 46.11 of the Compiled Laws of 1948, a jail may be located anywhere in the county. Before the plan of any jail which has been duly authorized to be built shall be determined or accepted, or contracted for, the plan shall be submitted to the department of corrections for its examination and opinion, and such department shall carefully examine and give the benefit of its study and experience in such matter to the counties submitting such plans and report its opinion to the county clerk of the county so submitting plans. No contract for the erection of any county jail shall be valid or binding, nor shall any money be paid out of the county treasury for the construction of a jail until such opinion has been filed with the county clerk of the county submitting such plans.
History: R.S. 1846, Ch. 13 ;-- CL 1857, 315 ;-- CL 1871, 446 ;-- Am. 1877, Act 61, Eff. Aug. 21, 1877 ;-- How. 452 ;-- Am. 1897, Act 226, Eff. Aug. 30, 1897 ;-- CL 1897, 2454 ;-- CL 1915, 2251 ;-- CL 1929, 1109 ;-- CL 1948, 45.16 ;-- Am. 1971, Act 113, Imd. Eff. Sept. 21, 1971
Compiler's Notes:
The board of corrections and charities, referred to in this section, was abolished by MCL 400.19 and its powers and duties transferred to the department of social services.
Notes of Decisions
Brown v. Genesee Cnty. Bd. of Commissioners, 628 N.W.2d 471 (Mich. 2001).
· cites it 2× “§ 45.16 expressly mandates operation of jails: "each organized county shall, at its own cost and expense, provide at the county seat thereof .”
Oakland Cnty. Taxpayers' League v. Oakland Cnty. Supervisors, 94 N.W.2d 875 (Mich. 1959).
· cites it 2× “The board deemed it necessary to secure the annexation of the township property to meet the requirements of the statute (CL 1948, § 45.16 [Stat Ann § 5.291]). The county petitioned Waterford township to detach and the city of Pontiac to annex and appropriate resolutions were…”
Brownstown Twp. v. Wayne Cnty., 242 N.W.2d 538 (Mich. Ct. App. 1976).
“In that case the Court recognized a legislative duty, MCLA 45.16; MSA 5.291, imposed upon the county to provide a "suitable and sufficient” jail.”
Hill v. City of Saginaw, 399 N.W.2d 398 (Mich. Ct. App. 1986).
“” She makes similar allegations regarding the county sheriffs department.”
Mudge v. MacOmb Cnty., 534 N.W.2d 539 (Mich. Ct. App. 1995).
“MCL 45.16; MSA 5.291. Before enactment of the prca, a county was liable for.”
Wayne Cnty. Jail Inmates v. Wayne Cnty. Sheriff, 216 N.W.2d 910 (Mich. 1974).
“I —SEPARATION OF POWERS MCLA 45.16; MSA 5.291 provides in pertinent part: "Each organized county shall, at its own cost and expense, provide at the county seat thereof a suitable courthouse, and a suitable and sufficient jail and fireproof offices and all other necessary public…”
Ottawa Cnty. v. Fam. Indep. Agency, 695 N.W.2d 562 (Mich. Ct. App. 2005).
· cites it 4× “Therefore, defendant is not required to reimburse counties for their capital expenditures, and the trial court correctly granted defendant's motion for summary disposition.”
RECORDER'S COURT v. City of Detroit, 351 N.W.2d 289 (Mich. Ct. App. 1984).
“MCL 45.16; MSA 5.291. The county jails are to be used as prisons for detention of persons awaiting trial and for the confinement of persons sentenced upon conviction of an offense or committed for any cause authorized by law.”
In Re Muskegon Cnty. Bd. of Commissioners, 469 N.W.2d 441 (Mich. Ct. App. 1991).
· cites it 3× “MCL 45.16; MSA 5.291 provides in pertinent part: Each organized county shall, at its own cost and expense, provide .”
Calhoun Cnty. v. City of Battle Creek (Mich. Ct. App. 2021).
· cites it 4× “After MCL 45.16 was amended in 1971, Calhoun County was allowed to locate the county jail anywhere in the county, but the county courthouse was still required to be in the county seat.”
City of Grand Rapids v. Kent Cnty., 292 N.W.2d 475 (Mich. Ct. App. 1980).
“Plaintiffs rely primarily on MCL 45.16; MSA 5.291, which provides that each county "shall, at its own cost and expense, provide at the county seat thereof * * * a suitable and sufficient jail”.”
W Otis Culpepper v. Cnty. of Wayne (Mich. Ct. App. 2019).
“Under MCL 45.16, a county must operate and maintain a jail; thus, the operation of a jail is a governmental function for purposes of the GTLA.”
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