Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-05

Sec l. Be 1t enacted Gy the General -Assen.
6ly of the State of Ohio, That there shal
hereafter be elected in each county Of this
state, by the qualified electors of the county
on the second Tuesday of October, in the veal
eighteen hundred and ffty-lhEee, and bienni
ally thereafter. in the same manner as Other
state and county officers are elected, one pros
ecuting attorney, whose term of office shall
commence on the first Monday in January nexi
after his election, and he shall hold his office fol
the term of two years. and until his successor
shall be elected and qualified; Provided, that
in such counties of this state, wherein the term
of office Of any prosecuting attorney shall ex.
pire in the year 1852, a prosecuting attorney
shall be elected at the fall election for county
officers in 1852. and biennialIy thereafter.
Sec. 2. That it shall be the duty of said
prosecuting attorney, and of each prosecuting
attorney now in office, in this state, to prose-
cute for and in behalf of the state, all COM
plants. suits and controversies in which the
state shall be a party, 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; and pay over forthwith, 10 the county
treasurer.aR moneys belonging to said county,
which he has or may hereafter collect. or
which may come into his hands by way OF
fines, foefeitures, costs, or otherwise, and take
the treasurer's duplicate receipts therefor. one
Of which he shai file with the auditor of his mon
er county: and upon failure to pay over said
moneys, as herein required, said prosecuting
attorney shall be removed from Office, in man
ner as prescribed in the eighth section of this
act.
Sec. 8. That each and every prosecuting
attorney. hereafter elected, under the first
SECTION of this act, shall, before entering upon
The duties of his Office. take an oath or affir-
NATION. to be endorsed upon his commission,
to support the constitution of the United States
and of this state and faithfully and impartial
ly to discharge the duties of his office; which
said oath or affirmation may be administered
by auy common pleas Judge of this state, or by
anytprobate judge of the county in which he is
elected; and said prosecuting attorney shall, he
fore entering upon the duties of his Office, give
bond. with sufficient sureties, Ito be approved
of by the court of common pleas, or probate
court to the state of Ohio, in any sum moi
less than one thousand dollars, conditioned
that ne will, according 10 the best of his skill
and abilities, faithfully discharge all the du-
ties enjoined on him by law, and also, that he
will honestly and faithfully pay over all mon
eys by him received as such prosecuting at
torney, in the manner directed by law, which
said bond shall be fled with the county
treasurer.
Sec. 4. That the prosecuting attorney for
each county in this state, shall receive
such compensation for his services in the
court of common Pleas, or other court hav-
ing like criminal jurisdiction, for each term,
as shall be allowed by the Judge Of such court,
of the county wherein such services shall
have been rendered; the amount of such SER
vices. in both civil and criminal business per
tanning TO his Office, to be determined bv the
court Of common pleas annually, at their first
term after the first Monday in February; and
he shall also receive such compensatn for his
services IN the probate court, semi-annually.
as shall be allowed by the probate court of
the county wherein such services shall have
been rendered. the amount of such services
to be determined by the probate court, annu-
ally hereafter, on or about the first Monday
in February; Provided, however, that the
probate court may. at any time after the pas
sage of this act, make an allowance to the
for the year eightet hundred and fifty-two;
all OF the allowance made BY the courts TO the
prosecuting attorneys. contemplated by This
act, to be paid out of the county treasury, on
the order Of the county auditor.
Sec. 5. That it shall be the duty of the
county auditor, whenever any officer of his
county shall be elected or appointed, who is
required to give bond for the discharge of
his duties, to call upon the prosecuting attor-
ney Of his county,to to attend 70 the same; and it
shall be the duty Of said prosecuting attorney,
upon such summons. TO prepare the proper
bonds. in legal form. to examine and take
special care that the forms of the same, to-
gether with the acceptance of the proper au-
thorities. the signing and sealing thereof. and
all the endorsements thereon, are in conform
ity TO law: and the bond Of no county officer
shall be accepted and approved. by the au-
thority authorized to approve and accept the
same ;lntil saii bond has been seen and in
spected by the prosecuting attorney of the
proper county; and the county commissioners
shall annually make such allowance to the
prosecuting attorney for his services, under
this section as they shall deem Just and
reasonable.
Sec. 6. That on the application of any pros
ecuIing attorney, during the term of the court
of common pleas. or the district court, the
court may, if they think necessary. appoint an
assistant prosecuting attorney. for hose SER
vices, the court in which the services shall be
rendered, shall make such allowance as they
shall deem just and reasonable, to be paid out
of the county treasury, on the order of the
county auditor. .aa
See I. That if the Office of prosecuting
attorney. in county of this state. shall at any
:ime become vacant by death, disability re-
fnoval or resignation, or from any other cause
whatever. the cnurt of sommnn pleas shall ap-
point a special prosecuting rattnrney.1 who
shall be qualified and give bnnh as required
by the third section of this act: aud sui
special prosecuting attorney shall hnl,l his Of
fee until the proper prosecutor shall resume
his 1uties; and, in case Of death. resignation.
from Office. or removal out Of the
county. until the next October election sue
reeding his appointment and until his success
SnF shall be elected and ounlifiad. anil hn sb,II