The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-06-02

4 ICD~ yFE-
Of tho allowances made by the courts to
prosecuting attorneys, contemplated by
this act. to be paid out Of the county trea-
sury, on the order Of the county Auditor.
Sec. s. That it shall be duty OF the
county auditor, whenever any officer OF
his county shall be elected or appointed,
who is required to give bond for the dis
charge OF his duties, to call upon the pros
ecuting attorney of his county, to attend
to the same; and it shall be the duty Of
said prosecuting attorney, upon such sum.
mons, to prepare the proper bonds. in le-
gal form, to examine and take special
care that the forms Of the same, together
with the acceptance by the proper author
tiles. the signing and sealing thereof, and
all the endorsements thereon, are in con-
formity to law; and the bond OF no county
officer shall be accepted and approved, by
the authority authorized to approve and
accept the same, until said bond has been
seen and inspected by the prosecuting at.
torney ofthe proper county; and the coun
ty commissioners shall annually make
such allowance TO the prosecuting attor-
ney for his services. under this section, as
they shall deem just and reasonable.
Sec. 6. That on the application Of any
prosecuting attorney, during the term Of
the court Of common pleas, or the district
court. the court may, if they think neces-
sary, appoint an assistant prosecuting at
torney, for whose services, the court in
which such 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 ofths
county auditor.
Sec. 7. That if the office of the prose.
cutting attorney, in any county ofthis state,
shall at any time become vacant, by death.
disability, removal or resignation, or from
any other cause whatever. the court oil
common pleas shall appoint a special
prosecuting attorney, who shall be quail
fed and give bond as required by the third
section Of this act; and said special pros.
ecu,ing attorney shall hold his office until
the proper prosecutor shall resume his du-
ties; and, in case of death. resignation, re-
moval from office, or removal out Of the
county, until the mex October election
; succeeding his appointment, and until his
successor shall DO elected and qualified;
and he shall perform the same duties, and
receive the same compensation as is poin.
ted out and provided for by this act.
Sec. 8. That il shall be the duty of the
court Of common pleas, in the several
counties Of this state, upon complaint, in
writing, in due form Of law, signed by the
person or persons making such complaint,
and containing distinct charges and spe-
ci6cations against the prosecuting attor-
ney Of said county, for a wanton ard viii.
full neglect Of duty as prosecuting attorney
for said county, to cause such complaint
to be filed and entered upon their docket,
and notice thereof to be given to tho pros.
ecuting attorney so charged; and upon
tho answer thereto of said prosecuting at
torney. to be filed within a reasonable
time, such as the court shall fix and limit,
to proceed to hear the evidence in relation
thereto; and il it shall appear to the salts.
faction Of said court, that the prosecuting
attorney, thus charged, has wantonly and
wilfully neglected 10 perform his duties as
required by law, the court shall, at the
cost Of said prosecuting attorney, remove
him from Office, and shall forthwith pro.
coed TO appoint another to fill the vacancy,
until the next annual election; but if the
court shall, upon hearing. be Of opinion
that said prosecuting attorney is not gull
ty. 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. 9. That no person shall be eligi.
bio as a candidate for, or. be elected to,
the Office Of prosecuting attorney, who is
not an attorney and counselor at law, duly
licensed to practice in this state: and no
prosecuting attorney, elected in pursuance
of this act, shall be a member OF the gene.
raj assembly Of this state; and no county
treasurer, county auditor, county record.
or, county surveyor, or sheriff, shall be ell.
igibls as a candidate for, or elected to,
said office Of prosecuting attorney.
Sec. 10. That the act entitled San act
to provide for the election Of prosecuting
attorneys" passed January Goth, 1888,
and the act entitled san act to amend the
act entitled an act to provide for the elec-
ton of prosecuting attorneys. &C." passed
February goth, 1899, and the act entitled
"an act to provide for the security Of
bonds given by county officers" passed
March 21st, 1910. be, and the same are
hereby repealed; Provided, that all pros.
ecuting 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 SUCCESSORS
shall be elected and qualified.
JAMES C. JOHNSON,
Speaker of the House Of Representatives.
WILLIAM MEDILL,
President Of the Senate.
Ali IN togo