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

!reeulEe tlis Fdutles; and, IN case Of deatf
Resignation, removal from Office, or Iemova
ontof the county, until The next Octobe
4 misunderstanding his appointment, and I'm
4 Ill his successor shall be elected and qualifi
ed; and he shall perform The same duties
and receive the same compensation, as i
pojshed out and provided for by this act.
4 Sec. 6. That II shall be the duty Of Ii,
court Of fcommon pleas, in the several cour
),ies tf this state, upon complaint. ia writing
IN due form, Of law, signed by tbe person o
persons making such complaint, and con
Itsining distinct charges and specifications
against the prosecuting attorney, Of sait
Ecounty, for a wanlon and wilful neglect o
bis sdutyasa prosecuting attorney for sale
Eeeunty 10 cause such coin2isint to be filet
and entered upon their docket, and notice
thereof to be given TO the prosecuting attor
ney so charged; and upon the answer thereto
Of said prosecuting attorney, to be flee
4 witbin reasonable time, such as the couFI
fsball fixgand limit, TO proceed 10 hear the
leEidencesin relation thereto; and if .it shal
appear 10 the satisfaction Of said court, thai
the prosecuting attorney, thus charged, has
wantonly and wilfully neglected. TO perform
his dutiesas required by law. the court shall,
atthe cost Of said prosecuting attorney, re-
move him from Office, and shall forthwith
proceed toappoint another to fill the vacan-
cy, 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. g.. That no person shall be eligible
as candidate for. or be elected to, the office
Of prosecuting attorney, who is not an aitor-
neg and counsellor at law, duly licensed to
practice in this state; and no prosecuting at
iorney, elected in pursuance Of this. act,
shall be a member Of the general assembly OF
this state; and no county treasurer county
auditor, county recorder, county surveyor OF
sheriff, shall be eligible as candidate for, OF
elected TO, said Office of prosecuting atlor-
ney. ,.i
Sec. 10. That The act entitled can act TO
provide for the election of prosecuting at
torneJs, passed january 29th, 1888, and the
act entitled can act 10 amend the act enti-
tied an act to provide for the election Of
prosecuting attorneys, &C." passed Februa-
ry 18th, 1889, and the act entitled "an act 10
provide for the security Of bonds given by
county officers" passed March 2lst, 1910,
be, and the same are hereby repealed; Pro-
yided, 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 sue
cessors shall be elected and qualified.
JAMES C. JOHNSON,
Speaker Of the House Of Represent
WILLIAM MEDlLL,
President OF the Senate.
April 80, 1852.
I mo. Ill AN ACT
To Regulate the Fees Of Clerks Of the
,.5 Courts of Common Pleas.
Sec. /. Be it enacted by the General Assem-.
| Jly of the Slate of Ohio, That the Clerks Of
the several Courts of this State, shall, fol
services rendered in civil cases, receive the
fees hereinafter provided, and no more.
Sec. g. 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 issu-
ing capiss, summons, subpoena in chancery,
writ Of attachment, writ of repleyin, writ
of ceitiorari, writ OF injunction, writ Of er-
ror, suprrsedeas, citation or ne exeat, or any
other rnesne process under seal, twenty-five
cents; for entering Older to advertise, TWEEN
ty-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 ne G.
essary 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
issuingSenire for a jury, twelve cents, to
be charged in cath cause at law where the
issue is made up; for .empanneling regular
jury and administering the oath, twelve
cents;e and for giving certificate to the
county auditor ior the pay Of each talesman
Juror, eight cents; and Tor calling and enter
/ ing each talesman juror, six cents; for swear
ling constable, four cents; for issuing subpG-
ma, where there is but one witness named
twelve cents, and for every additional name
four cents. for swearing each witness foul
cents; for entering attendance, of each wit
ness, Sin cents. and for giving order to each
witness for fees, eight cents; for entering
each cause on the bar and court calendar d
each term, ten cents; for indexing each cause
ten cents for each and every term the same
shall remain on the docket; for entering judg.
ment on journal, ten cents, for recording
general verdict, ten cents; for entering de,
4 At. IL. n r..