The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-18
Laws OF OHIO.

G. t4I i.
Laws OF OHIO.
pUBL1HsED By AUTHORITY.
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jNo. TO- AN ACT
ioproyide for the election Of Prosecutins
ttoraeys and prescribing their duties.
4 Sec. l.. BE ii enacted by the General Assem-
bLy cf the State Of Ohio, That there shall here
after be elected in each county Of this State
by the qualified electors of the county, OF
the second Tuesday Of October, in the yea
eighteen hundred and fifty three, and bienni
laliy thereafter, in the same manner Us Other
state and county officers are elected, one
Prosecuting Attorney, whose term of office
shall commence on the first Monday in jan
uay next after his election, and be shall
hold his office for the term of two years, and
until his successor shall be elected and quail
| Iiied; Provided, ihatin such counties oi this
State, wherein the term OF office OF any Pros.
eculing Attorney shall expire in the veal
1852, Prosecuting Attorney shall be cleo
ted at the fall election for county Offices in
1852, and biennially thereafter.
Sec. 2. Thatit shall be the duty of said
Prosecuting Attorney and of each prosecu.
ting attorney now in office, in this state, 10
prosecute for and in behalf of the state, all
complaints, suits and controversies in which
the stale shall be a partyj 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; aud to pay over forthwith
10 the county treasurer, all moneys belong
ing 10 said county, which he has or may
hereafter collect, or which msy come into
his hands by way of fines, forfeitures, costs,
or otherwise, and take the treasurer's dupli.
cate receipts therefor, one of which he shall
file with The auditor Of his proper county,
and. apon iuilure 10 pay over said moneys
as herein required, said prosecuting attorney
shall be removed from Office, in manner as
prescribed 10 the eighth section Of this act.
Sec. 3. Tha; each and every prosecuting
attorney, hereafter elected, under the tirst
section Of this act shall, before entering up
on The duties of his Office, take an oath Of
affirmation, TO be endorsed upon his commits
sion, 10 support the constitution OF the Uni
ted States; aid Of this state, and faithfully
tsndimpartially 10 discharge the duties of hi
Office; which said oath or affirmation MAJ
be administered by any common pleas judg
Of this state, or by the probate judge Of tn,
county in which he is elected; and said prose
Icuting attorney shall, before entering upon
the duties Of his Office, give bond, with snffi
cient sureties. TO be approved OF by The
ljcourt oil common pleas, or the probate
court,) TO the State Of Ohio, in any sum moi
less than one thousand dollars, conditioned
that he will, according to the best of bis
skill and abilities, faithfully discharge all the
duties enjoined on him by law, and also
that he will honestly and faithfully pay ovel
all moneys by him received as such prosecu
ting attorney, intbo manner directed by law
which said bond shall be filed with the
Ecounty treasurer
SEGA. That the prosecuting attorney ifol
each county in this state, shall receive such
compensation Tor his services inthe court o
common pleas, or other court having like
criminal Jurisdiction, for each term, as shall
be allowed by the judge OF such court, o.
the county wherein such services shall have
| been rendered; the amount of such services
! in both civil and criminal business pertain
ling 10 his office, to be determined by tbt
lcolrt oil common pleas annually, at thei
First term after the first Monday iu Februa
Iry; and he shall also receive such compensa
4 lion for his services in the probate court
semi-annualiy, as shall be allowed by th'
\ probate court Of the county wherein sucl
services shall have been rendered; tn
Iamount of such services to be determined b.
the probate court, annually hereafter, on Q
sIabout the first Monday in February; Proyi
lded, however, that the probate court may, q
any time after the passage OF this act, max
an allowance to the prosecuting attorney 10
i his services rendered for the year eiShteel
i hundred and fifty-two; all of the allowance
made by the courts prosecuting attorneys
contemplated by this act, to be paid out
the county treasury, on the order OF tn
county auditor.
4 Sec. 5. That it shall be the duty of th
d county auditor, whenever any officer OF hi
county shall be elected or appointed, whoi
| required to give bond for the discharge Q
his duties, 10 call upon the prosecuting al
totney of his county to attend TO the same
and il shall be the duty Of said prosecutin
. attorney, upon such summons, to prepar
the proper bonds, in legal form, to examin
: and take special care that the forms OF tb
same, together with the acceptance BY th
proper authorities, the signing and sealii
thereof, and all the endorsements thereon
are in conformity to law; and the bond OF n
county officer shall be accepted and approved
by the authority authorized 10 approve an
accent the same until said bond has bee
seen and inspected by the prosecuting alto
ney Of the proper county; and the count
commissioners she'll annually nuke such q
lOwance to the prosecuting attorney Tor b
: services, under this section, as they sha
: deem just and reasonable.
Sec. Q. That on the application Of an
prosecuting attorney, during the term Of q
court Of com non pleas, or the district cour
the court may, If they think necessary, al
point an assistant prosecuting attorney, K
! whose services, the court in which the sert
! ces shall be rendered, shall make such ALLOW
ance as they shall deem just and reasonable
8 TO be paid out Of the, county treasury, .
the order Of the county auditor.
n Sec.7. That,if the Office of prosecutlt
I lattorney, In any county Of thisstate, shall
I 7lany time become vacant, BY death, disabll
Al ", remoyal OF resignation, or from any oil
Z Ter cause whatever, the court Of cofduic
: pleas shall appoint q special prosecute
. who shaii be- qualified ond give bond as =
!. 4pived by the third section of tins qcti .al