Revised Statutes of 1846
R.S. of 1846
51.73 Sheriff; appointments and revocations, form, filing; oaths of office.
Sec. 73.
Every appointment of an under sheriff, or of a deputy sheriff, and every revocation thereof, shall be in writing under the hand of the sheriff, and shall be filed and recorded in the office of the clerk of the county; and every such under sheriff or deputy shall, before he enters upon the duties of his office, take the oath prescribed by the twelfth article of the constitution of this state. But this section shall not extend to any person who may be deputed by any sheriff to do a particular act only.
History: R.S. 1846, Ch. 14 ;-- CL 1857, 414 ;-- CL 1871, 555 ;-- How. 583 ;-- CL 1897, 2582 ;-- CL 1915, 2446 ;-- CL 1929, 1328 ;-- CL 1948, 51.73
Compiler's Notes:
This section as originally enacted was numbered section 74.
In this section, “the twelfth article of the constitution” refers to the Constitution of 1835. See now Const. 1963, Art. XI, § 1.
Notes of Decisions
Kubicki v. Mortg. Elec. Reg. Sys., 807 N.W.2d 433 (Mich. Ct. App. 2011).
· cites it 6× “3216, because he did not request to be, and was not actually, properly appointed by *289 Sheriff Michael J.”
People v. Coutu, 589 N.W.2d 458 (Mich. 1999).
“MCL 51.73; MSA 5.866. Consistent with this analysis, other Michigan courts have recognized that law enforcement personnel are public officers for purposes of wilful neglect charges pursuant to MCL 750.”
People v. Bommarito, 190 N.W.2d 359 (Mich. Ct. App. 1971).
· cites it 2× “The undersheriff is required by statute (MCLA §51.73 [Stat Ann 1961 Rev § 5.866]) to take the same oath of office as the sheriff and he has the same duty to obey and enforce the laws of this state.”
People of Michigan v. Terence Mitchell Bruce (Mich. 2019).
“10 MCL 51.73 provides that “every such under sheriff or deputy shall, before he enters upon the duties of his office, take the oath prescribed by the twelfth article of the constitution of this state.”
Wendy Adelson v. Ocwen Loan Servicing, LLC (6th Cir. 2023).
“” Mich. Comp. Laws § 51.73 . Adelson points to Exhibit 29 of her complaint, which looks to be a copy of the deputy sheriff’s oath, taken on December 21, 2016, and stamped with “received for filing” by the Oakland County Clerk on September 11, 2019.”
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