land contract, or executory agreement to convey, has an insurable interest in the property. To the same effect is the decision in the case of Hamilton v. Insurance Company, 98 Michigan 535. The vendor under the land contract still holds the legal title subject to the right of the vendee to complete his contract and require the conveyance thereof. Therefore, until the vendee has so completed the vendor has the right to insure his interest. Under the form of policy of your company I do not think that it is material that the contract of insurance was entered into before the execution of the land contract. Your charter and by-laws contain no provision that the insured must be the absolute and unconditional owner of the property, in fact, no representation as to the ownership or possession seems to be required in the policy. It seems to be a well established principle that a contract of insurance, if doubtful as to construction, is to be construed in favor of the insured and against the company. This is doubtless based in part at least upon the fact that the policy is drawn by the company and that the latter is therefore responsible for ambiguous expressions. There is one other feature of this case that occurs to me to be of controlling force. When Mr. Jacob entered into the land contract in question, possession of the property was given to the vendee, Mr. Rohrback. Very possibly the agreement was recorded in the office of the register of deeds of the county, thus giving notice to all of the change in interest of the vendor and of the rights of the vendee. In any event, Mr. Rohrback's possession seems to have been open and generally known as is indicated by the fact that the property was assessed to him. I think it can safely be assumed that the officials of your insurance company, and the other members thereof, at least some of them, had actual notice of the transaction. In any event, I believe that the company is charged with constructive notice. The policy of insurance contains a clause de claring that "this company reserves the right to cancel this policy at any time upon good and sufficient reasons." It would appear, however, that no steps were taken by your company looking to the cancellation of this policy because of the transfer of possession thereof under the terms of the land contract. It is quite possible also that dues or assessments were paid by Mr. Jacob after the execution of this land contract and before the destruction of the building. The acceptance by the company of such dues or assessments might be fairly deemed to indicate acquiescence in the changed condition of affairs. To sum up the situation briefly, Mr. Jacob at the time of the destruction of the property in August, 1913, had an insurable interest therein notwithstanding the execution of the land contract to Mr. Rohrback and the taking possession by the latter. The insurance company, although charged with actual and constructive knowledge of the change in interest took no steps to cancel the policy, thus impliedly consenting to the changed condition. Under the terms of the charter, an insurance policy is not rendered absolutely void except by a "sale" of the property, which must, I believe, be construed in view of the other provisions of the charter to mean a transfer of insurable interest. Inasmuch as the execu tion of the land contract did not deprive Mr. Jacob of his insurable interest in the property, the policy was not vitiated thereby. It is accordingly my opinion that Mr. Jacob is, upon your statement of facts, entitled to recover to the extent of his interest in the building that was destroyed, or to an amount not greater than that mentioned in the policy. I am returning herewith the land contract and copy of the insurance policy. Ca-v-O Respectfully yours, PRIMARY ELECTIONS. CANDIDATES FOR OFFICE. All registered and qualified voters who reside in the county or district are eligible to sign nominating petitions. Mr. Will A. Cady, County Clerk, Marshall, Michigan: July 10, 1914. Dear Sir-I have before me yours of the 2nd instant in which you ask to be advised if in checking up the names of signers to a nominating petition there is anything further required than to determine whether such signers are qualified voters. I would respectfully call attention to Section 27 of Act 118 of the Public Acts of 1913 wherein it is provided that to obtain the printing of the name of any candidate of any political party for a county office under the particular party heading upon the official primary election ballot in the various voting precincts of a county, there shall be filed with the County Clerk of said County nominating petitions signed by a number of registered and qualified voters who reside in the county equal to not less than two per centum nor more than four per centum of the number of votes that such political party cast in such county for Secretary of State at the last preceding November election. You will observe that the terms employed in designating who may legally sign a nominating petition are "registered" and "qualified" voters who reside in the county. This eliminates all necessity for party enrollment and the only determination to be made by the County Clerk in checking off the various signatures is to ascertain by competent authority whether the signers are "registered and qualified voters" of the county and if the number of such "registered and qualified" voters equals two per centum of the votes cast for Secretary of State at the last preceding November election. Hoping this suggestion will be a satisfactory reply to your inquiry, I am, G-v-O Very respectfully, HIGHWAY LAW. DUTIES OF TOWNSHIP CLERK. It is the duty of the Township Clerk to act as the Clerk of the Commissioner of Highways and as such he is entitled to the custody of all books and papers relating to that office. William Irish, Supervisor, Sanford, Michigan: July 10, 1914. Dear Sir-I am in receipt of your communication of the 6th inst. asking whether or not it is the duty of the Township Clerk to act as the Clerk of the Commissioner of Highways and if such is the case whether or not he is entitled to the custody of the books and papers relating to the business of the Commissioner, including the order book. In reply to your inquiry I would call your attention to Section 10 of the Highway and Bridge Law, which reads, in part, as follows: "The township clerk shall be the clerk of the commissioner of highways and all books and papers relating to the business of the commissioner shall be preserved and kept by the clerk in his office." You will readily see that in accordance with the provisions of this Act it is the duty of the Township Clerk to act as the Clerk of the Commissioner of Highways, and as such he is entitled to the custody of all books and papers relating to the business of the commissioner including the order book. R-pi-O Respectfully yours, COUNTY SCHOOL EXAMINER. The Board of Supervisors has no power to fill a vacancy in said office. July 10, 1914. John A. Meier, Chairman of the Board of Supervisors, Manistee, Michigan: Dear Sir-I note from your letter of the 6th inst. that a vacancy has recently occurred in the office of County School examiner in your County, that the other members of the Board and Probate Judge neglected to take action to fill the vacancy, and that after a period of twenty-five days had elapsed the Board of Supervisors undertook to appoint for the remainder of the term. You have asked to be advised if the action so taken is legal. Section 4808 of the Compiled Laws of 1897, as amended by Act 221 of 1909, points out the method by which a vacancy in the office referred to is to be filled. There is no suggestion in that section, or in any other provision of the statutes, to which my attention is called, authorizing the Board of Supervisors of the County to fill a vacancy. The method designated must, I believe, be deemed to be exclusive. In other words, it is the duty of the remaining members of the County Board of Examiners to meet with the Probate Judge and take the action required. Very likely in case of refusal or willful neglect so to do a meeting for such purpose might be compelled by an appropriate proceeding after the expiration of ten days without action. It does not occur to me that the elapsing of the period specified without action necessarily operates to deprive the Judge of Probate and the County Board of Examiners of all jurisdiction in the premises. If prevented from making the appointment within ten days I am impressed that such action might be taken thereafter and in fact that it would be the duty of the officials mentioned to proceed to make the appointment. I am constrained to the opinion therefore that the action sought to be taken by your Board of Supervisors is not valid, and that the appointment should be made now by the Board of Examiners acting in conjunction with the Judge of Probate. I infer from your statement that the matter can be adjusted in this way. Ca-pi-O Respectfully yours, PRIMARY ELECTION LAW. NEWSPAPERS. A newspaper whose copies are distributed without charge may accept primary advertising providing it complies with the law in other respects. V. L. R. Simmons, Cadillac, Michigan: July 11, 1914. Dear Sir-In your letter of July 6th you state that you are publishing a weekly newspaper, and that the same has been issued regularly for nearly a year, and ask whether or not you can legally accept primary advertising in this sheet, although the same is not entered in the Post Office as second class matter but is being distributed free. In reply to your inquiry I would say that the only requirements of the primary law are that the paper must have been regularly and bona fide published and circulated for at least three months before such advertising is to be inserted therein, and as your paper complies with both of these requirements I can see no valid reason which would prevent your acceptance of such advertising. R-pi-O Respectfully yours, PRIMARY ELECTION LAW. CIRCUIT JUDGES. Nomination petition for office of Circuit Judge in judicial districts composed of but one County shall be filed with the County Clerk of that County. O. J. Golden, Monroe, Michigan: July 11, 1914. Dear Sir-I am in receipt of your letter of the 3rd inst. wherein you ask for an opinion from this Department as to where nomination petitions for the office of Circuit Judge where the judicial circuit is composed of but one County, should be filed. In answer to your inquiry I would call your attention to Act 281 of the Public Acts of 1909 which, after providing that the office of Circuit Judge shall be governed by the provisions of this Act, provides "that all duties imposed upon city or county clerks shall, in the case of judicial districts, be performed by the Secretary of State." This section of the Act was amended by Section 15 of Act 279 of the Public Acts of 1911 to read as follows: "Provided, That all duties imposed upon city or county clerks shall in the case of judicial districts composed of more than one county be performed by the Secretary of State." It was clearly the intention of the Legislature in making this amendment so far as the office of Circuit Judge in Judicial Districts composed of but one County was concerned to place them on the same plane as other county officers, and therefore I am of the opinion that the proper officer with whom to file a nomination petition for the office of Circuit Judge in a district which is composed of but one County, would be the County Clerk. R-pi-O Respectfully yours, VILLAGES. VACATING OF. PETITION FOR RE-SUBMISSION. No particular length of time is required before the Council may be petitioned to re-submit the question of vacating the Village. VILLAGE OFFICERS. VACANCY IN OFFICE OF PRESIDENT. Office of President of Village is vacated by such officer ceasing to be a resident of the Village. VACANCY. How filled. When office of President becomes vacant such office shall be filled by appointment by the Council and such appointee shall hold office until the next annual election. William A. Worboys, Tower, Michigan: July 11, 1914. Dear Sir-Your letter of July 3rd received, wherein you request the opinion of this Department upon the following questions: First, As to the length of time which must elapse between an election held for the purpose of vacating a Village and the time when you can present another petition to the Council requesting them to call another election for the purpose of passing upon the same question; Second, If the office of President is vacated by reason of the President taking up his residence elsewhere and the Council appoints one of its members President pro tem to fill the chair during the absence of President, is the President pro tem, appointed as above, the real President by virtue of the position he held as acting President during absence of President? The answer to your first question is governed by Section 2950 of the Compiled Laws of 1897, and said Section does not provide that any par ticular length of time must elapse before the question of vacating a village can be re-submitted to the voters and a petition addressed to the Council for that purpose can be presented. The answer to your second question is governed by Sections 2709, 2711 and 2730 of the Compiled Laws of 1897. Section 2709 provides that if any officer shall cease to be a resident of the Village during his term of office the office shall be thereby vacated. Section 2711 provides that any vacancy occurring in the office of Presi |