The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-09-17


rendered, shall make such allowance as
They shalt deem just and reasonable 10 be
paid out Of the county treasury, on the
order Of the county auditor.
Sec. 7. That The Office Of prosecu-
ting attorney in any county Of this state,
shall at any time become vacant, by
death, disability, removal or resignation,
or from any other cause whatever, the
court Of common please shall appoint a
special prosecuting, who shall be qualified
and give bond as required by the third
section Of this act; and said special prose-
cutting attorney shall hold his Office until
The proper prosecutor shall resume his
duties; and, in case Of death, resignation,
removal from office, or removal out Of
the county, until the next October elec-
ton succeeding his appointment, and nm
til his successor shall be elected and
qualified; and he shall perform The same
duties, aud receive The same compensa-
tion, as is pointed out and provided for by
this act.
Sec. 8. That it shall be the duty Of
the court Of common pleas in the several
counties Of this state. upon complaint,
in writing, ia due form oflaw, signed by
the person OF persons making such com
plant, and containing distinct charges and
specifications AGAINST the prosecuting at
torney Of said county, for wanton and
wilful neglect Of his duly as prosecuting
attorney for said county, 10 cause such
complaint TO be filed and entered upon
their docket, and notice thereof to be
given TO the prosecuting attorney so
charged; and upon the answer thereto
Of said prosecuting attorney, TO be- filed
within reasonable time, such as the
court shall fix and limit, TO proceed TO
hear the evidence in relation thereto,
and Il il shall appear to the satisfaction
Of The said court, that The prosecuting
attorney thus charged, has wanionly and
wilfully neglected TO perform his duties
asreqnired by Jaw, the court shall, at the
cosl ofsaid prosecuting attorney, remove
him from office, and shall forthwith pro-
ceed 10 appoint another TO fill the vacancy,
until the next annual election, but II
the court shall, upon hearing, be Of opin-
ion that said prosecuting attorney is moi
guilty, then the court shall enter up
judgment for costs against the person OF
persons making such complaint, 10 be
recovered as upon judgments at law,
Sec. 8. That no person shall be eligi.
Bile as candidate for, or be elected 10,
the office representing attorney, who is
not an attorney and counsellor at law, duly
licensed TO practice IN this slate; and no
prosecuting attorney, elected in pursu-
ance Of this act, shall be member of the
general assembly Of this STATE; and no
county treasurer, county auditor, county
recorder, county surveyor OF sheriff, shall
be eligible as a candidate for, or elected
to, said Office ofprosecnting attorney.
Sec. 10. That the act entitled "an
act 10 provide for the election Of prosecu.
ting attorneys passed January 29lh,
1898, and the act entitled "an act 10
amend the .acI entitled an act to provide
for the election ofprosecuting attorneys,
&C." passed February Goth, and the act
entitled "an act to provide for the security
Of bonds given by county officers" passed
March 2lsi, lS40, be and the same are
hereby repealed; Provided, that, all
prosecuting attorneys, in office at the
time ofihe passage Of this act, shall con-
tinue in office for tho same term for
which they we're elected, and until their
successors shall be elected and qualified.
JAMES c. JOHNSON,
Speakero OF the House Of Representatives.
WILLIAM MEDILL,
President ofihe Senate.
April 80, 1852.