Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-02-12
NAWS On NNNAA
AN ACT
BY AUTHORITY.

AN ACT
To provide for the election, qualification and
removal from Office of the Clerks Of the courts
Of Common Pleas, and to prescribe lne man
net Of filling vacancies in said ONCE
SECTION 1. Be Il enacted By The General ~
,euaLlv Of tie STATE Of Ohio, That there shall oe
elected in each county in this State, BY the
ou,,Ii6ed electors thereof. on the second Tues
d. ~ Ortober. in the year eighteen hundred
and 6ftv.four, and triennially thereafter on
-,;d dsv. one clerk of the court OF common
No.. Who shall hold his Office for three years,
r he an long behave well, and until his success
.or shall he chosen and qualified.
Sect1on 2. That each of the clerks Of the
courts of common pleas, who were elected IN
this State on the second Tuesdayo Of October.
in the year eighteen hCndred and hfty-one, or
who shall hereafter be elected or appointed as
hereinafter provided, shall. before entering up
on the duties of bis said Office. take an oath or
affirmation before some person qualified to ad-
minister such oath or affirmation, that he will
truly and faithfully enter and record all orders,
DEGREES, judgments and proceedings Of the said
court of common pleas, and of such other
court or courts Of which he may be clerk BY vir-
tue of his said Office, which he may be by law
required to enter and record, and faithfully and
Of his said cfice, according TO the best OF ms
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 commission oners OF the coun-
ty in which be shall have been eleeied or ap-
pointed. in the penal sum Of not less than ten
thousand and not more than forty thousand
dollars, conditioned that he will truly and faith
fully pay over all money that may be by him
received in his official capacity, and that be
will enter and record all the orders, DEGREES,
judgments and proceedings of said courts,
which he may by law be required TO enter and
record, and faithfully and impartially discharge
and perform all the duties of his said office;
which bond shall be lodged with the county
treasurer.
Section 8. That the said clerks of the
courts of common pleas shall, within their re-
spective counties, do and perform oil the duties
which the clerks Of the Supreme Court and
courts Of common pleas are now by law re
quiTed or authorized to do and perform, except
so much Of said duties relating 10 the said last
named courts as may not be applicable TO the
several courts of which they may be the clerks.
and shall be liable to the same penalties and
forfeitures that said last named clerks are now
by law liable TO for malfeasance in office. and
shall receive the same fees and emoluments for
the 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, 10 be approved by their
respective courts; and the appointment OF
every such deputy shall be evidenced by GER
tihcate thereof. signed by his principal, and
entered on the journal of the Court Of Com
mon Pleas, and shall continue during the plea-
sure Of the principal; and every principal may
- l. ~ i 50
as he shall deem necessary, 70 secure ine faith
ful discharge of the duties of his appointment;
and the principal shall in all cases be answera-
bic for the neglect OF duty or misconduct in
Office of his deputy.
Sec. 5. That every such deputy shall, pre-
vious to entering on the duties Of his appoint
ment, take an oath or affirmation faithfully
TO perform all the duties thereof; and when so
qualified the deputy may do and perform any
and ali Of the duties appertaining 10 the Of
fee of his principal.
Sec. e. That each and every clerk of the
respective courts, shall keep his Office at the
seat of justice in his proper county; and eve
ry clerk falling so TO do, shall be deemed and
taken to have signed the same. And in case
vacancy shall happen in the office Of clerk in
any county in this State, by death, resignation
or otherwise, the commissioners Of said cOun-
ty are hereby authorized TO appoint n clerk pro
tempore, who shall hold his office until the Oc-
tober election next ensuing such appointment,
and until his successor shall be elected and
qualified; provided said appointment shall have
been made at least fifteen days prior to said
October election; otherwise said clerk so ap-
pointed shall continue in office under and by
virtue of his said appointment until the Octo-
Der election 10 be held in the year next there
after. and until his successor shall be elected
md qualified. But if said commissioners shall
fail to make said appointment within the time
herein specified then the auditor Of said coun-
ty shall forthwith make such appointment.
Sec. Z. That when from any cause a vacan-
cy shall happen in said office Of clerk, the audi
tor of the proper county shall forthwith cause
notice thereof to be given 10 ihe county COM
missioners, which notice shall require said COM
missioners on some day therein named, not to
exceed ten days from the date of said notice,
to meet at the office or the auditor Of said
county, then and there to appoint clerk; and
the said commissioners shall, on the day 50 De-
Gifted, or within FIVE days thereafter, convene
at the Office OF the auditor of said county, and
appoint suitable person TO fill such vacancy.
Sec 8. That the election for clerks shall be
held, and the poll books returned, in the same
manner provided for the election and returns
for Governor, and the abstract therefrom, GER
tilted to the Secretary Of State, shall be by
him opened in the presence Of the Governor,
who shall declare the result, and issue commits
sions to the persons elected.
Sec. 8. That If any clerks Of said courts
shall fail to complete full record of each case
as required by law, within six months after
final Judgment or decree Of the proper court
therein, every such clerk so failing, may be re-
moved by the court of common pleas, unless
good and sufficient cause shall be made to ap-
pear for such failure, and it shall be the duty
of the said court to see that the provisions Of
this section are enforced.
Sec. 10. That the county commissioners Of
the several counties of this State. are hereby
required to meet at the Office Of the auditor of
their respective counties, on the second Mon
day of February. eighteen hundred and fifty
two, or as soon as practicable thereafter, fur
the purpose of fixing the amount of and ae-
ceptIug The bonds of the clerks elected in their
respective counties, at the October election,
eighteen hundred and fifty one.
JAMES C. JOHNSON,
Speaker Of The House Of Representatives..
w. MEDILL,
pres,deyf If fhe SeYdfe.