2770. Proceedings. Commitment to the home. At the time named in the aforesaid order, the probate judge shall hear such testimony as is presented before him in relation to the case, and if it appears to his satisfaction that the girl before him is a suitable subject for the industrial home, he shall commit her to that institution, and issue his warrant to the sheriff of the proper county, or to some suitable person to be appointed by him, commanding him to take charge of the girl and deliver her without delay to the superintendent of the home. [75 v. 144, 2 9].

2771. Fees. The girl may demand a trial by jury. The fees of the probate judge, sheriff, and other costs incurred in the proceedings herein provided for, shall be the same as are paid in similar cases, and shall be paid by the proper county in the same manner; but nothing in this chapter shall be construed to prevent a girl arrested for crime from demanding a trial by jury, and when such demand is made, by or on behalf of such girl, the probate judge is authorized, after an examination of the case, to either discharge her or cause her to enter into a recognizance for her appearance before the court of common pleas of the county, forthwith, if said court is in session, and if not in session, then on the first day of the next term thereof, to answer to such charge, and in default of such bail, to commit her to the jail of the county until the first day of said next term of common pleas court, or until discharged by due course of law, and he shall forward to the clerk of the common pleas court a transcript of his proceedings in the case; and shall also cause such witnesses as appear against her before him, to be recognized to appear at said term of common pleas court to give evidence against her. [75 v. 144, 9].

773. Detention and discharge of inmate - Return of discharged or escaped inmate. A girl duly committed to the home shall be kept there disciplined, instructed, employed and governed under the direction of the trustees, until she is either reformed or discharged, or bound out by them according to their by-laws, or has attained the age of eighteen years; but the trustees, with the approval of the governor, after a full

statement of the cause, shall have the right to discharge and return to the parents, guardian or probate judge of the county from which she was committed, who may place her under the care of the infirmary directors of said county, any girl who, in their judgment, ought for any cause to be removed from the home, and in such case the trustees shall enter upon their record the reason for her discharge, a copy of which record, signed by the secretary, shall be forthwith transmitted to the probate judge of the county from which the girl was committed; but the superintendent may, with the approval of the full board of trustees, receive back into the home any girl under twenty-one years of age, who may have been discharged from said home, when the best interests of said girl demand it. Any inmate of the girl's industrial home who escapes from said institution may if captured before the expiration of the time for which she was committed, be returned to the home by the trustees of the institution and there kept for a period not to exceed one year in addition to the time for which she was committed, at the option of said trustees. Provided, however, the time shall not exceed in the aggregate the time for which she was committed. [91 v. 102.]

2774. Proceedings when a girl is charged with a criminal offense. When a girl between nine and fifteen years of age is brought before a court of criminal jurisdiction charged with an offense, punishable by fine or imprisonment, other than imprisonment for life, and who, if found guilty, would be a proper subject for commitment to the home (an order to that effect being entered on the records of the proceedings of said court), it shall, thereupon, by warrant or order, cause such a girl to be forthwith taken before the probate judge of the proper county, and shall transmit to him the complaint and indictment, or warrant, by virtue of which she had been arrested, when the probate judge shall proceed in the same manner as if she had been brought before him upon the original complaint, as is provided in this chapter. [75 v. 144, 211].

See § 76%.

COUNTY COMMISSIONERS.

2842. When a vacancy shall be filled by election; when by appointment. When such vacancy occurs more than thirty days before the annual election, a successor shall be elected thereat; and when a vacancy happens, whether more than thirty days before the election, or within that time, and the interests of the county require that the vacancy be filled before the election, the probate judge, auditor, and recorder of the county, or a majority of them, shall appoint a commissioner, who shall hold his office until the successor is elected. [51 v. 422, 25.]

No appointment in anticipation of vacancy, 9 C. C. 161, 167.

844. Bond, amount, and by whom approved. Each commissioner, before entering upon the discharge of his duties, shall give bond to the state, in a sum not less than five thousand dollars, with two or more good and sufficient sureties, being approved by the robate judge of the county; which bond shall be conditioned for the faithful discharge of his official duties, and for the payment of any loss or damage that the county may sustain by reason of his failure therein, and, with his oath of office indorsed thereon and the approval aforesaid, shall be deposited with the treasurer of the county; and such surety may be discharged in the same manner as already provided for the release of sureties of guardians in 26273 of the revised statutes of Ohio. [82 v. 148.]

County commissioners who act in their official capacity in good faith and in the honest discharge of official duty cannot be held to personally respond in damages, 40 O. S. 516.

2897. Expenses, etc., approved by probate judge. Each commissioner shall present an itemized statement of his account for per diem, mileage, services and expenses, ** which, before it is allowed by a full board shall be certified to by the prosecuting attorney of the county, and approved by the probate judge thereof. [90 v. 258.]

See as to various counties, 897a, et seq.

PROCEEDINGS ON COMPLAINT AGAINST COUNTY AUDITOR. 21031. For what causes auditor shall forfeit his office. If an auditor refuses or neglects to make any settle

ment with his county treasurer, according to law, or wilfully fails to perform any other duty required of him by law, he shall, in addition to criminal prosecution therefor, forfeit his office; and upon an affidavit being made before the probate judge of the county that the auditor of his said county is guilty of a violation of the provisions of this chapter, or of any duty enjoined herein, the probate judge shall immediately issue a summons to the auditor, which summons shall be made returnable as in other civil suits; and if upon examination, the court is satisfied that there are reasonable grounds for such complaint, the court may report the same to the county commissioners, who shall immediately suspend said auditor, and appoint some suitable person to perform the duties of auditor, until such auditor is restored to the possession of his office, or his successor duly elected and qualified, who, upon giving bond and taking the oath of office, as county auditors are required to do, shall be authorized to perform all the duties and be subject to all the obligations and liabilities of county auditors, and his bond shall be filed and recorded the same as bonds of county auditors. [67 v. 103, ? 20.]

APPOINTMENT OF EXAMINERS OF COUNTY TREASURY BY PROBATE COURT.

1129. Examinations of county treasurer. Appointment of examiners by probate judge. Their duties. An inspection and thorough examination of all books, vouchers, accounts, moneys, bonds, securities, and other property in the treasury of the county, shall be made by the auditor and commissioners thereof as often as every six months in each year, and the probate judge shall once every six months or oftener, if he deems it necessary, or whenever he is requested so to do in writing, by one or more of the bondsmen of the treasurer; and on the day and at the time the treasurer turns over his office and its effects to his successor in office, without notice to any one, he shall appoint in writing, under the seal of said court, two

competent and trustworthy accountants of opposite politics, neither of whom shall have held the office of treasurer, nor been a clerk in any county office during the two years next preceding such appointment; provided, that persons who have served as examiners under the provisions of this section shall not again be appointed, until the expiration of three years, who, after being sworn to faithfully perform the duties imposed upon them, shall forthwith, without previous notice or intimation to the county treasurer, or any other person, of such intended inspection and examination, enter the county treasury, present their authority aforesaid to the county treasurer, who, upon demand, shall open the vaults and safes of the treasury, and said examiner shall proceed immediately to count the money therein, and inspect and examine the books, records and vouchers thereof, and after having counted the money, inspected and examined the books, records and vouchers found therein, make due entry of the same, after which the said examiners shall proceed forthwith to the office of the county auditor, and there ascertain how much money the county treasurer stands charged with on the auditor's books. Said auditor shall furnish such accountants with a statement of the exact amount of money, property, bonds, securities, assets, and effects, also, how much belongs to each particular fund, and should be in the said treasury; the said accountants shall certify the exact amount of money in the treasury, together with the amount belonging to each particular fund, also, all property, bonds, securities, vouchers, assets, and effects, as aforesaid, in writing, in triplicate, one copy of which certificate shall be recorded in the books of the treasury, and filed by the treasurer in his office, and one copy shall be recorded and filed by the auditor of the county; one copy thereof shall be duly reported to the probate court, and be entered of record therein, a copy of which shall be furnished by the probate judge for publication, one week in two newspapers of opposite politics of general circulation in the county in which such examination is made and the said accountants