Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-03-08

sembiy OF the State OF Ohio, That SO much
of the act fixing the times of holding the
Courts of Common Pleas in the Thirteenth
Judicial Circuit, rs relates to the County Of
Erie, passed January 10th 1851, and SO much
of the act prescribing the times of holding the
Court of Common Pleas 10 the F fourteenth
Judicial Circuit, as relates to the County Of
Lorlain, passed January twen'y-seventh 1851
-be and the same are hereby repealed.
! JAMES C. JOHNSON.
Speaker Of the House of Representatives.
WILLIAM MEDILL,
President of the Senate. :
January, l6, 1852.
| To provide for the election, qualification and re-
| moval from office of the Clerks Of the Courts of
< Common Pleas and to prescribe the manner ifll-
| ing vac nc.es in SAID office.
SEC. l. Be it enacted by the General As
sembly of the State of Ohio, That there shall
be elected in each county in this State, by
the qualified electors thereof, on the second
Tuesday Of October, in the year eighteen
hundred and fifty -four, and trienniaily there
after on said day one clerk of the court of COM
mon pleas, who shall hold his office for three
years, if he SO long behave well and until b 8
successor shall be chusen and qualified.
SEC. 2. That each of the clerks of the
courts Of common pleas, Who were elected in
this State on the second Tuesday of October
in the year eighteen hundred and fifty one,
or who shall hereafter be elected or appointed
as hereinafter provided, shall before entering
unon the duties of his said office and take oath or
affirmation before some person qualified to ad-
minister such oath or affirmation, that he will
truly and faithfully enter and drecord ulI orders
deereess, judgments and proceedings of the
said court Of common pleas and of such other
court or courts Of which lie may be clerk by
virtue ofhissaid tffice, whichhe msy be by law
required to enterand record, and faithfully and
imparialty discharge and perform all the duties
OF his said Office, according to the best of bis
abilities and understanding; and each of said
clerks shall also give bond with sufficient sure
ties, to the State Of Ohio to be approved
by the board of county commissioners Of T. 9
county in which he shall have been elected or
appointed, 10 the penal sum of not less than
ten thousand and net more than forty thou
sand dollars, conditioned that be will truly and
faithfully pay over all money that may be by
him received 10 his official capacity, and that
he will enter and recoid all the orders, de-
creea, judgments and proceedings of said
courts, which he may by law be required to
enter and record,an faithfully and ifnparial.y
discharge and perform all the duties of his
said office which bond shali be lodged with
the county treasurer,
SEC. 3. That the said clerks Of The courts
Of Comm,n Pleas, shall within their respec-
tive counties, do and perform all the duties
which the clerks Of the supreme court and
courts of common pleas are now BY law re-
quired or authorized to do and perform, except
SO much of said duties relating to the said last
named courts as may not be applicable iv the
several courts of which they may be the clerks,
and shall be liable to the same penalties and
forfeitnres that said last named clerks, are
now by law llable to for malfeasanee in office,
aud shall receive the same fees and emolu-
ments fol- tae performance Of the said duties
as are now allowed by law for the same.
SEC. 4. That said clerks may each appoint
one or more deputies, to be approved BY their
respective courts; and the appointment ofev-
cry such deputy shall be evidenced by cer-
tifcate thereof. signed by his principal, and
entered on the Journal OF the court of COM
mon pleas, and shall continue during the pleas
ure OF the principal; AMI every principal may
take such bond and security from his deputy
as he shall deem necessary, TO secure the
faithful discharge Of the duties Of his appoin-
mont; and the principal shall ih all cases be
answerable for the neglect of duty or mis-
conduct in office If his deputy.
SEC. 5. That every such deputy shall pre-
vious to entering on the duties of his appoint
ment take an ohth or affirmation, faithfully to
perform all the duties there f; and when so
qualified the deputy may do and perform any
and all ofthe duties appertaining to the office
Of his principal.
SEC. 6. That each and every clerk of the
respect ys courts, shall keep his office at the
seat Of justice in his proper county, and every
Clerk filling SO 10 do, shall be deemed and
taken to have resignedthe same. And in case
a vacancy shall happen in the office of clerk
in any county in this State, by death. resigna-
ton er otherwise the commissioners Of said
county are hereby auihs rtzed to appoint a
clerk pro-tempere, whu shall hold his office
until the October election next ensuing such
appointment, and until his successor shall be
elected and qualified provided said appoint
ment shall have been mads at least fifteen
Jays prior to said October election otherwise
said clerk so appointed shall continue in office
under and by virtue of bis said apointentment
until the October election to be held in the
year next thereafter ana until his successor
shall be elected and qualified. But ii said
commissioners shall fail to make said apPoint-
meht within the time herein specified, then
the auditor Of said county shall forthwith make
such appointment.
SEc.7. That when from my cause va
cancy shall happen in taid office Of clerk, the
auditor of the proper county shall forthwith
cause notice thereofto be given tb the county
commissioners, which notice shall require said
eomnai, sioners on some day therein named,
not TO exceed ten days from the date of said
notice, to meet at the office OF the auditor of
snid coun then and there to appoint clerk;
and the SAID commissioners shall on the day,
so specified, or within five days thereafter,
convene at the office of the auditor of said
county, and app int suitable person to fill
such vacancy.
SIC. 8. That the election for clerks shall
be held, and the poll books returned, in the
| same manner provided for the election and re-
turns f,r governor, and the abstracts there
t, ON, certified to the Secretary Of State shall
be by him opened in the presence of the gov
enor, who shall declare the result, and issue
commissions to the peraons electe1.
! SEC. 9. Thatif any Clerk of said Courts
shall fail to complete full record Of each case
l., =, ,f.s