Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

SIC. 8. That no moneys by this act appropra-
ted, shall be drawn from the Treasury BY any
dsbursing officer, or agent, until the same shall
be necessary for the purpose to which it Is herein
JAMES c. JOHNSON,
Speaker Of the House OF Representatives.
WILLIAM MEDlLL,
Prsidsnt of the Senate.
mo. 70.1
AN ACT to provide for the election of ProSecu-
ting Attorneys, and prescribing their duties
Sec. /. Be it enacted by the General Assem-
bly, of the State of Ohio, That there shall hereaf
ter be elected in each county of this State, by
the qualified electors Of the county, on the second
Tuesday Of October, in the year eighteen hundred
and fifty three, and biennially thereafter, in the
same manner as other state and county sficers are
elected, one Prosecuting Attorney, whose term Of
Office shall commence on the first Monday in Jan
uary next after his election, and he shall hold
Office for the tenn of two years, and until his sue
cessoe shall be elected and qualified; Provided,
that in such counties of this state, wherein the
tenn of office of any Prosecuting Attorney shall
expire in the year 1852, Prosecuting Attorney
shall be elected at the fall election for county
offices in 1859, and biennially thereafter.
SEC. 2. That it shall be the duty of said Prose-
cutting Attorney, and of each prosecuting attorney
now in office, in this state TO prosecute for and in
behalf of the state, all complaints, suits and con-
troversies in which the state shall be 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 to pay over forthwith to the
county treasurer, all moneys belonging to said
county, which he has or may hereafter collect, or
which may come into his hands by way Of fines,
forfeitures costs, or otherwise, and take the trea
surer's duplicate receipts therefor, one of which
he shall file with the auditor OF his proper county;
and upon failure to pay over said moneys as here
in required, said prosecuting attorney shall be re-
moved from Office, in manner as prescribed in the
eighth section of this act
Sec. 3. That each and every prosecuting at
torney, hereafter elected, under the first section
of this act shall, before entering upon the duties
of his office, take an oath or affirmation, to be en-
dorsed upon his commission, to support the con-
stitution Of the United States and of this state,
and faithfully and mpartially to discharge the du-
ties of his Office; which said oath or Affirmation
may be administered by any common pleas Judge
of this state or ty the probate judge of the county
in which he is elected; and said prosecuting at
torney shall, before entering upon the duties of
his office, give bond, with sufficient suretes, Ito
be approved of by the court of common pleas, or
the probate court,) to the state of Ohio, in any
sum not less than one thousand dollars, condi-
toned that he will, according to 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 moneys
by him received as such prosecuting attorney, in
the manner directed by law, which said bond
Shall be filed with the county treasurer.
SEC. 4. That the prosecuting attorney for each
county in this state, shall receive such compen-
sation for his services in the court of common
pleas, or other court having like criminal iuris-
diction, for each term, as shall be allowed by the
I Judge of said court, of the county wherein such
services shall have been rendered; the amount of
such services, in both civil and criminal business
, pertaining to his office, to be determined by the
court ofcommon pleas annually, at their first term
after the first Monday in February, and he shall
also receive such compensation for his services in
the probate court, semi-annually, as shall be al
LEVIED by the probate court of the county wherein
such services shall have been rendered; the a.
mount of such services to be determined by the
probate court annually 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 pros
ecutng attorney for his services rendered for the
, year eighteen hundred and fifty-two; all of the
allowances made by the courts to prosecuting at
torneys, contemplated by this act, to be paid out
of the county treasury on the order OF the county
, auditor.
f SEC s. That it shall be the duty of the coun-
ty 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 attorney OF his county to at
tend to the same; and it shall be the duty of said
prosecuting attorney, upon such summons, to pre-
pare the proper bonds, in legal form, to examine
and take special care that the forms of the same
E together with the acceptance by the proper au.
thoriteS, the signing and sealing thereof, and all
t the endorsements thereon, are in conformity tc
e law; and the bond of no county officer shall be
r accepted and approved, by the authority author
lied to approve and accept the same, until said
D bond has been seen and inspected by the prose-
cutting attorney of the proper county; and the
q county commissioners shall annually make such
allowance to the prosecuting attorney for his ser
vices, under this section as they shall deem just
E and reasonable.
1 SEC. 6. That on the application of any prose
cutting attorney, during the term of the court Of
common pleas or the district court, the court may
if they think necessary, appoint an assistant pros
ecutng attorney, for whose services, the court in
which the services shall be rendered, shall make
/ such allowance as they shall deem just and rea-
sonable, to be paid out of the county treasury on
3 The order OF the county auditor.
f SEC. 7. That if the office of prosecuting attor-
ney, in any comfy of this state shall at any time
/ Become vacant, by death, disability; removal ol
resignation, or from any other cause whatever the
court of common pleas shall appoint a prosecu-
ting attorney, who shall be qualified and give
bond as required by the third section of this act
I and said special prosecuting attorney shall hold
his Office until the proper prosecutor shall resume
his duties; and, in case of death, resignation re-
moval from office, or removal out of the county
until the next October election succeeding his ap-
pointment, and until his successor shall be elect
ed and qualified; and he shall perform the same
e duties and receive the same compensation, as il
f point' out and provided for by this act.
SEC. 8. That it shall be the duty of the cour
e of common pleas, in the several counties of thi!
: state, upon complaint, in writing in due form O.
law, signed by the person or persons making such
complaint and containing distinct charges ant
y specifications against the prosecuting attorney o.
D said county, for wanton and wilful neglect o.
his duty as prosecuting attorney for said county
a to cause such complaint to be filed and entered
upon their docket, and notice thereof to be gver
to the prosecuting attorney so chargedj and upor
o 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 ev-
idence in relation theseto; and If 1t shall appeal
: Al.