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AN ACT

Fixing the compensation of Clerks, Assistant Clerks, Sergeants-at-arms and

Assistant Sergeants-at-arms, of the Senate and House of Representatives of this State.

Clerks and Ser.

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per day.

Allowance of clerks for ma.

other allow. ance.

Duty of Ser.

ment.

Sec. 1. Be it enacted by the General Assembly of the State entitled to $4 of Ohio, That the clerks, assistant clerks, sergeants-at arms,

and assistant sergeants-at-arms, of the Senate and House of Representatives of this State, shall each be entitled, during the present, or any succeeding session of the General Assembly, to receive for each day's attendance during the session of the General Assembly, the sum of four dollars.

Sec. 2. That the clerks of the Senate and House of Repking indox-no resentatives, shall receive at the rate of four dollars per day,

each, for the time actually employed after the adjournment of the General Assembly, for making out an index to the Journals, to be paid on the order of the Auditor of State, but they shall not receive any other allowance or compensation for ser. vices, after the adjournment of the Legislature.

SEC. 3. That it shall be the duty of the Sergeant-at-arms after adjourn of each House, immediately after the adjournment of the

General Assembly, to take charge of all books, stationery,
and all other property of every description furnished for, in
possession, or for the use of the General Assembly, or any
member or officer thereof, and being the property of the State;
and such Sergeant-at-arms shall cause the said property to be
delivered into the custody of the Secretary of State, who
shall give duplicate receipts therefor; one of which receipts
shall be by said Sergeant-at-arms, deposited with the Auditor
of State, and the said Auditor of State shall allow to said
Sergeant-at-Arms for the services required by this section,
such sum, not exceeding four dollars per day for the time actu-
ally employed, as such Auditor shall deem just and reasonable,
to be paid out of the Treasury of the State, as in other

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.
April 30, 1252.

cases.

AN ACT

To provide for the election of Prosecuting Attorneys, and prescribing their

duties.

Sec. 1. Be it enacted by the General Assembly of the Slate of Election and Ohio, That there shall hereafter be elected in each county of of prosecuting this State, by the qualified electors of the county, on the second attorney. Tuesday of October, in the year eighteen hundred and fiftythree, and biennially thereafter, in the same manner as other state and county officers are elected, one Prosecuting Attorney, whose term of office shall commence on the first Monday in January next after his election, and he shall hold his office for the term of two years, and until his successor shall be elected and qualified; Provided, that in such counties of this state, wherein the term of office of any Prosecuting Attorney shall expire in the year 1852, a Prosecuting Attorney shall be elected at the fall election for county officers in 1852, and bi. ennially thereafter.

SEC. 2. That it shall be the duty of said Prosecuting At. His duties. torney, and of each prosecuting attorney now in office, in this state, to prosecute for and in behalf of the state, all complaints, suits and controversies in which the state shall be a party, and such other suits, matters and controversies, as shall be directed by law, within the county for which he shall have been elected, in the district court, in the court of common pleas, and in the probate court; and to pay over forthwith, to the county treasurer, all moneys belonging to said county, which he has or may hereafter collect, or which may come into his hands by way of fines, forfeitures, costs, or otherwise, and take the treasurer's duplicate receipts therefor, one of which he shall file with the auditor of his proper county; and upon failure to pay over said moneys, as herein required, said prosecuting attorney shall be removed from office, in manner as prescribed in the eighth section of this act. Sec. 3. That each

and every prosecuting attorney, here. His oath and after elected, under the first section of this act, shall, before entering upon the duties of his office, take an oath or affirmation, to be endorsed upon his commission, to support the constitution of the United States, and of this state, and faithfully and impartially to discharge the duties of his office; which said oath or affirmation may be administered by any common pleas judge of this state, or by the probate judge of the couniy in which he is elected; and said prosecuting attorney shall, before entering upon the duties of his office, give bond, with sufficient sureties, (to be approved of by the court of common pleas, or

bond.

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the probate court,) to the State of Ohio, in any sum not less than one thousand dollars, conditioned that he will, according to the best of his skill and abilities, faithfully discharge all the duties enjoined on him by law, and also, that he will honestly and faithfully pay over all moneys by him received as such prosecuting attorney, in the manner directed by law, which said

bond shall be filed with the county treasurer. His compensa: Sec. 4. That the prosecuting attorney for each county in

this state, shall receive such compensation for his services in the court of common pleas or other court having like criminal jurisdiction, for each term, as shall be allowed by the judge of such court, of the county wherein such services shall have been rendered; the amount of such services, in both civil and criminal business pertaining to his office, to be determined by the court of common pleas annually, at their first term after the first Monday in February; and he shall also receive such compensation for his services in the probate court, semi-annually, as shall be allowed by the probate court of the county wherein such services shall have been rendered; the amount of such services to be determined by the probate court, annually hereafter, on or about the first Monday in February; Provided, however, that the probate court may, at any time after the passage of this act, make an allowance to the prosecuting attorney for his services rendered for the year eighteen hundred and fifty-two; all of the allowances made by the courts to prosecuting attorneys, contemplated by this act, to be paid out of

the county treasury, on the order of the county auditor. His duty in re. Sec. 5. That it shall be the duty of the county auditor, spect to bonds of other county whenever any officer of his county shall be elected or appointofficers.

ed, who is required to give bond for the discharge of his duties, to call upon the prosecuting attorney of his county, to attend to the same; and it shall be the duty of said prosecuting attorney, upon such summons, to prepare the proper bonds, in legal form, to examine and take special care that the forms of the same, together with the acceptance by the proper authorities, the signing and sealing thereof, and all the endorsements thereon, are in conformity to law; and the bond of no county officer shall be accepted and approved by the authority authorized to approve and accept the same, until said bond has been seen and inspected by the prosecuting attorney of the proper county; and the county commissioners shall annually make such allowance to the prosecuting attorney for his services, under

this section, as they shall deem just and reasonable. Court may ap:

Sec. 6. That on the application of any prosecuting attorpoint an assist. ant, on ap. ney, during the term of the court of common pleas, or the displication.

trict court, the court may, if they think necessary, appoint an assistant prosecuting attorney, for whose services, the court in which the services shall be rendered, shall make such allowance as they shall deem just and reasonable, to be paid out of the county treasury, on the order of the county auditor.

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cies.

Sec. 7. That if the office of prosecuting attorney, in any As county of this state, shall at any time become vacant, by death, disability, removal or resignation, or from any other cause whatever, the court of common pleas shall appoint a special prosecuting attorney, who shall be qualified and give bond as re. quired by the third section of this act; and said special prosecuting attorney shall hold his office until the proper prosecutor shall resume his duties; and, in case of death, resig nation, removal from office, or removal out of the county, until the next October election succeeding his appointment, and until his successor shall be elected and qualified; and he shall perform the same duties, and receive the same compensation, as is pointed out and provided for by this act.

Sec. 8. That it shall be the duty of the court of common Complaint of pleas, in the several counties of this state, upon complaint in mogloct of duty, writing, in due form of law, signed by the person or persons common pleas. making such complaint, and containing distinct charges and specifications against the prosecuting attorney of said county, for a wanton and wilful neglect of his duty as prosecuting attorney for said county, to cause such complaint to be filed and entered upon their docket, and notice thereof to be given to the prosecuting attorney so charged; and upon the answer thereto, of said prosecuting attorney, to be filed within a reasonable time, such the court shall fix and limit, to proceed to hear the evidence, in relation thereto; and if it shall appear to the satisfaction of I found guilty said court, that the prosecuting attorney thus charged, has ved. wantonly and wilfully neglected to perform his duties as required by law, the court shall, at the cost of said prosecuting attorney, remove him from office, and shall forthwith proceed to appoint another to fill the vacancy, until the next annual election; but if the court shall, upon hearing, be of opinion that said prosecuting attorney is not guilty, then the court shall enter up judgment for costs against the person or persons making such complaint, to be recovered as upon judgment at law.

Sec. 9. That no person shall be eligible as a candidate for, who is eligible, or be elected to, the office of prosecuting attorney, who is not and ineligible. an attorney and counsellor at law, duly licensed to practise in this State; and no prosecuting attorney, elected in pursu. ance of this act, shall be a member of the General Assembly of this State; and no county treasurer, county auditor, county recorder, county surveyor or sheriff, shall be eligible as a candidate for, or elected to said office of prosecuting attorney.

Sec. 10. That the act entitled “ an act to provide for the Acts repealed. election of prosecuting attorneys,” passed January 29th, 1833, and the act entitled "an act to amend the act entitled an act to provide for the election of prosecuting attorneys, &c.," passed February 26th, 1839, and the act entitled “ an act to provide for the security of bonds given by county officers," passed March 21st, 1840, be, and the same are hereby repealed; Pro

vided, that all prosecuting attorneys, in office at the time of the
passage of this act, shall continue in office for the same term
for which they were elected, and until their successors, shall
be elected and qualified.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.
April 30, 1852.

AN ACT

To Regulate the Fees of Clerks of the Courts of Common Pleas.

Mees of clerks of common pleas.

Specifications,

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Clerks of the several Courts of this State, shall, for services rendered in civil cases, receive the fees hereinafter provided, and no more.

Sec. 2. For docketing each cause, to be charged but once, six cents; for entering the appearance of plaintiffs and defendants, eight cents each; filing precipe, four cents; for taking affidavit, twelve cents; for issuing capias, summons, subpæna in chancery, writ of attachment, writ of replevin, writ of certiorari, writ of injunction, writ of error, supersedeas, citation or ne exeat, or any other mesne process under seal, twentyfive cents; for entering order to advertise, twenty-five cents; for taking bond, twenty-five cents; for taking special bail, twenty-five cents; for filing declaration, plea, demurrer, joinder, bill, answer, or any other paper necessary to complete the pleading in any cause, six cents, and for all other papers, four cents each; for entering the return of any writ of mesne process, six cents; for issuing venire for a jury, twelve cents, to be charged in each cause at law where the issue is made

for empanneling regular jury and administering the oath, twelve cents; and for giving a certificate to the county auditor for the pay of each talesman juror, eight cents; and for calling and entering each talesman juror, six cents; for swearing constable, four cents; for issuing subpæna, where there is but one witness named, twelve cents, and for every additional name, four cents; for swearing each witness,

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