Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-10

act shall Notwithstanding, so far as the same ef-
fects, the particular police regulations, or local
affairs of any municipal corporation, in matters
not inconsistent with this act, be and remain in
force as by-lews and ordinances of the particular
municipal corporation, until altered or repealed
by the proper authority thereof
| Sec. ITO. That section Seventy-one of the act
entitled an acl for the assessment and taxation OF
all property in this State, and for levying taxes
thereon, according to its true value in money,
passed April 13, 1852, be and the same is hereby
repealed.
SEC. Ill. This act shall take effect from and
after the fifteenth day of May next.
JAMES G. JOHNSON,
Speaker of the House of Representatives.
JOEL W. WILSON,
- President of the Senate, pro tenn.
May 8, 1859.
mo. 84.l
AN ACT TO prescribe the duties of the Attorney
General.
SEC. 1. Be it enacted by the General Assem-
bly, of the State of Ohio, That each Attorney Ge-
neral elect, before entering upon the performance
OF his duties, shall take an oath or affirmation
before the supreme court, or some judge thereof
to support the constitution of the United States
and the constitution of the State of Ohio, and
faithfully to discharge the dnties of bis office; ant
shall also give Lond 10 the state of Ohio, ill the
sum Of five thousand dollars, with two or more
suretics, to be approved by the Governor for the
time being conditioned that he will faithful,
discharge his duties as aforesaid, and truly pay
into the treasury of State, all public moneys
which may come into his hands.
Sec. 2. That a certificate of the oath or affir.
nation so taken, shall be filed, together with the
bond, in the Office of the Secretary of State, ant
o record of the same shall be made and kept ir
the said Secretarys Office.
SEC. 3. That the Attorney General shall ap.
pear for the state. in the trial and argument Of al
causes in The supreme court, (whether of civil
equitable, or criminal description,) wherein the
state may be directly interested.
SEC. q. Thai he shall, also, when required by
the Governor, or General Assembly, appear fol
the state in any court tribunal, in any cause Ia
which the state may be party, or in which the
state may be directly interested.
SEC. g. That ne SHALL upon the written re-
quest of the Governor, prosecute any person who
may be charged with any indictable offence what
ever.
SIC. 6. That he shall cause to he prosecuted,
the official bonds of all delinquent officers, in
which the state may be interested, when The same
are directed 10 be PM in suit.
! SEC. Z. Thai nc shall cause to be prosecuted,
al assessors and other officers with the
revenue laws of this STATE, for al such delinquen-
cles alt offences against those laws as may come
~ ais knowledge.
SEC .. That lie may prosecute any action II
SUIT al law, or in equity, authorized by the last
two sections, in the court OF common pleas OF
Franklin county, OF in the court OF common pleas
OF the county in which The defendant, or any one
or more OF The defendants may reside OF be found.
SEC. g. That upon complaint made to him, that
any incorporated company has offended agoiiSt
the laws ol the Stare miSused its corporate author
lty or any OF its franchises privileges assumed
franchises or privileges not granted to it, or sur
rendered, abandoned or forfeited its corporate au
Lhonty, or any of its franchises or privileges, he
shall enquire into the complaint, and, if he should
lind probable cause for so doing, cause proceed
lngS, IN the nature of quo warranto or writ OF
Sclre facaS, to be instituted against it.
SEC. H. That if it shall come to his know
ledge otherwise, that any incorporated company
has offended against the laws of the state, mis-
used its corporate authority, or any of its fran
chlSes or privileges assumed franchises or privl-
legeS not conferred, or surrendered, abandoned ~
forfeited its corporate authority or any of its fran
chiSeS OR privileges, he shall cause proceedings in
the nature of quo arranto or writ of Scire facias
to be Instituted against it.
SEC. IL. That he shall likewise cause sucl
proceedings to be instituted, and diligently prose-
cute the same, whenever directed 50 TO do by The
|
! the Genera Assembly.
SEC. H. That whenever person shall usurp,
lntrude into, or unlawfully hold or exercise any
pubic office, civil or military, or any franchise OF
privilege, within this state, or any office in any
corporation created by the authority of this stale
| ol whenever any such public or corporate Officer
shall nave done or suffered any act, which, b,
law, may work forfeiture of his term of office
OF whenever any person or number of person,
shall act OIL assume TO act as a corporation, with
in this state, without being legally authorized SC
to do or snail exercise OF assume IT, exercise any
franchise Of authority not warranted by law with
in his state, the Attorney General may, upon
complaint made b him, ol upon his own motion
cause proceedings, in the nature of quo warranto
10 be instituted, and the same di gently prosecu.
| ted 10 Judgment; Provided, however, thai he may
refuse 10 institute proceedings, as aforesaid, ex.
cept when directed by the Governor, the Supreme
Cou4,, or either house of the General Assembly
unless some responsible freeholder of The state
wlii become relator in the cause, and liable fDl
the costs thereof; but whenever the Governor, the
Supreme Court, or either house Of the Genera
Assembly, may direct any such proceedings 10 bt
instituted, he shall cause the same to be com.
menced. and diligently prOSecuteds upon his owl
relation.
! SEC. IL. That he may prosecute any infcrma
tlon, writ, relation, or other proceeding author
lZed by the last four sections, in the supreme
court OF the state, the district court of Franklin
county, or the detrict court of any county where.
IN such company may have place of business
or such officer or officers, or persons, reside may
be found.
Sec. IA. That it shall be his duty to cause pro
per suits to be instituted, at law and in chancery
to enforce the performance of trusts for charitable
and educational purposes, and restrain the abus
thereof, whenever, upon the complaint of others
or from his own knowledge, he may deem that Il
be advisoble, or whenever by the Governor, tn
Supreme Court. or either house of the Genera
Assembly, he may be directed so t. do whic
said suits may be brought in his own name, upol
behalf of the state, or the benefciaries OF TIN
trust, In the court of common pleas of Franklin
county, or in the court of common pleas of an
county wherein the trust property may be situa
ted or invested, and which suit shall not abate o
discontinue by any change of the officer, bu
shall be prosecuted to final Judgment, mandate o
decree, as If no such change had oocu red; Pro
vlded, however, thrt the Attorney General ma
refuse to institute proceedings as aforesaid, ex
cept when directed by the Governor, the Suprem
Court or either house of the General Assembly
unless some responsible freeholder of the stat
Will become Teator in the cause, and liable for tn
costs thereof; but whenever the Governor tn
+ Supreme Court, or either house of the Genera
Assembly, ma direct any such suit, he Shal
cause the same to be commenced, and diligentl
prosecuted, without any other relation.
Sec. is, That he hall, when required, Civ