Whether the undersheriff becomes the acting sheriff upon the vacancy of that office created by the resignation of the County Sheriff, and remains so until such time as a sheriff is elected by the people.

'If a vacancy occurs in the office of sheriff of a county, the undersheriff of the county shall in all things execute the office of sheriff, until a sheriff is elected and qualified. A default or misfeasance in office of an undersheriff in that capacity, shall be considered to be a breach of the condition of the bond given on behalf of or by the sheriff who appointed the undersheriff, and also a breach of the condition of the bond executed on behalf of or by the undersheriff to the sheriff by whom the undersheriff was appointed.'

'When a vacancy shall occur in an elective or appointive county office, it shall be filled in the following manner:

'(1) If the vacancy shall be in the office of county clerk or prosecuting attorney, it shall be filled by appointment by the judge or judges of that judicial circuit.

'(2) If the vacancy shall be in any other county office, either elective or appointive, the presiding or senior judge of probate, the county clerk and the prosecuting attorney shall appoint some suitable person to fill such vacancy.

'(3) Any person so appointed shall take and subscribe to the oath as provided in section 1 of article 11 of the state constitution, give bond in the manner required by law and shall hold such office for the remainder of the unexpired term and until his successor shall have been elected and qualified. However, if the next general election is to be held more than 150 days after the vacancy occurs, and it is not the general election at which a successor in office would be elected if there had been no vacancy, the person appointed shall hold office only until a successor is elected at such general election, held more than 150 days after the vacancy occurs, in the manner provided by law and qualifies for office. Such successor shall hold the office for the remainder of the unexpired term.'

'When a vacancy shall occur in an elective or appointive county office, it shall be filled in the following manner:

'1. If the vacancy shall be in the office of county clerk or prosecuting attorney it shall be filled by appointment by the judge or judges of that judicial circuit and the person appointed shall hold office for the remainder of the unexpired term.

'2. If the vacancy shall be in any other county office, either elective or appointive, the judge of probate, the county clerk and the prosecuting attorney shall appoint some suitable person to fill such vacancy and the person so appointed shall hold such office for the remainder of the unexpired term.'

'The two statutes are not in conflict. The one, under which relator claims, prevents an interregnum by designating an ad interim assumption of duties by the under sheriff. This is manifested by the provisions that he acts under the bond of the former sheriff as well as his bond as under sheriff.'

'The status of an under sheriff on the death of the sheriff to execute the duties of the sheriff as prescribed by statute continues only until the vacancy is filled by election or appointment.' 57 C.J. p. 766.' 263 Mich 288, 290.

'. . . It was unfortunate that the statute retains the word 'elected,' but this is explained by the fact that, when that statute was passed, a successor sheriff could not be appointed but had to be elected. When the legislature provided for appointment in section 3369, the word 'elected,' in the old statute, should have been changed to read 'appointed.' It is clear, however, that the under sheriff can do no more than execute the office of sheriff until a successor sheriff is appointed or elected.' 263 Mich 288, 292.