Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-02-20
LAWS OF OHIO.
PubIIsAsd5 BY AutAsrIly.
AN ACr

~ 'e""et " hhinb fecaatics ih saiu ouice
SEC. 1. BE Il enacted BY the General As
sembiy Of The State OF Ohio, That there shal
DO sleeled in each county in Ihis SlaIr, BY IN,
T qualIhed elcIOrs Ihereof on The second Tuesday
Of o.IobeT, 10 the year eighteen hundred aad
hiiy four, aad 1renuially thereafter on said day
one Clerk Of the C0un Of Common Pleas, who
shall hid bis Office for three years, IL be %
long behave we'll, and until his successor shall
be chosen and qualified.
Sec. 2. Thai each oflhe Clerks Of The Couru
Of Common Pleas, who were elected il Ihi,
STATE, on the second Tuesday Of October, in the
yesT eighteen hundred and ffty-one, or wac
shall hereafter be elected or appointed as here
lnalIer provided, shall, before enIeTiag upon the
duties Of his said office, lake an oath or alirma
lion before some person qualified 10 administer
such oath or affirmation, that he will IFaly ahd
faithfully enter and record all orders, DEGREES,
judgments and proceedings Of the said court Of
common pleas, and Of such other coun or courts
Of which he may be clerk by virtue Of bis said
Office. which he may be by Law required 10 en-
Ter and record, and faithfully and imPanially
discharge all the duties Of his said Office, accoF-
ding 10 the best Of his abilities and understand
ing; and each Of said clerks shall give bOnd,
With sufficient sureIies, 10 the STATE Of Ohio, 10
be approved by the board OF county commits
sioners Of The county in which he shall have
been elected or appointed. 10 the penal sum Of
not less than ten thousand, aud nOs more than
forty thousand dollars, eoniVOned that he will
truly and faithfully pay over all money that
may be by him received in his official capacity,
and that he will enter and record all the orders,
DEGREES, judgments and proceedings Of said
courts, which he may by law be required 10 en-
ter and record, and faithfully and mpanialIy
discharge aud perform all the duIies Of his said
office; which said bond shall be lodged with
the county treasurer.
SEC. 8. That the said clerks ofthe courts
OF common pleas shall, within their respective
counties. do and perform all the duties whin h
the clerks o! The Supreme Court courts Of COM
mon pleas are now by law authorized or requi-
red 10 do and perform, except so much OF said
duties relating to the said last named cousts as
may not be applicable to the several courts OF
which they may be the clerks, and shall be liza.
Bile TO the same penalties and loTfeilures that
said clerks are now by Law liable TO for mallea.
sance 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, TO be approved by their
respective courts and the appointment Of every
such deputy shall be evidenced by certificate
thereof signed by his principal, and entered on
the Journal Ct The couu of common pleas, and
shall continue during the pleasure of the Princ-
pal and every principal may take such bond
and security from his deputy as he shall deem
necessary, 10 secure the faithful discharge ofIhe
duties Of his appointment; and the principal
shall in all cases be answerable for the negect
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 all Of the duties aPpertaining TO The Office Of
his principal.
SEC. &. That each and every clerk ofthe re-
spectve courts, shall keep his Office al the seat
of justice in his proper county; and every fail
ing so 10 do, shall be deemed and taken 10 have
resigned the same. And iE case vacancy
shall happen 10 the office of clerk IN any coun'
ty in this State, by death, resignation, or other
wise. The commissioners Of such county are
hereby authorized 10 appoint clerk pro tempo
re, who shall hold his Office until the October
election next ensuing such appointment, and un-
Ill his successor shall be elected and qualified
provided said appointment shall have been made
at least fifteen days prior to said October elec-
lion otherwise said clerk so appointed shall
continue in office under and By virtue Of said
appointment until the October election TO be
held in the Year next thereafter, and until his
successor shall be elected and qualified. But if
said commissioners shall fail to make said ap.
pointment within The time herein specified, then
the auditor Of said county shall forthwith make
such appointment
SEC. 7. That when from any cause va
cancy shall happen in said office Of clerk, the
auditor of the proper county shall forthwith
cause notice thereof to be given 10 the county
commissioners, which notice shall require said
commissioners on some day therein named, not
to exceed Ten days from the date of said notice
to meet at The Office Of the auditor of said coun-
ty. then and there to appoint a clerk and the
said commissioners shall, on The day 50 sPecih'
ed, or within FIVE days thereafter, convene at the
Office of the auditor of said county, and appoint
a suitable person 10 fill such vacancy.
SEc. g. That the election for clerk shall be
held. and the poll books returned, in Ihe same
manner provided for the election and returns for
Governor, and the abstract sherefrom, certified
10 the Secretary Of State, shall be BY him open
ed in the presence fthe Governor. who shall
declare the result, and issue commissions 10 the
persons elected.
SEC. 9. Tha. il any clerk Of said courts shall
fail TO complete full record ofeach case as re,
ouired BY law, within six months after hnal
Judgment or decree oethe proper court therein,
every clerk so failing. may be removed Oy me
conrt of common pleas, unless good aud suffi-
cient cause shall be mSde to appear for such
failure, and il shall be the duty Of said court TO
see .ha. the provisions Of this section are enfOr
ced.
SEC. 10. That the county commissioners Of
the several counties Of this State, are hereby
REQUIRED 10 meet a, the Office Of the auditor OF
their respective counties, on the second Monday