Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-09-10
LAWS OF OaIO
mo. 7of AN ACT
Ia nrnrila fnr the elention of Pfnseeniing A
Psbnshstby AuthOrIty.

(No. 70.l AN ACT
To vrovile foF the eertion OF Prosecuting At
sorneys aud prescribing their duties.
Sec. 4. Be u enacted BY the Geperal As
seaSlyof the Suts Of Ohio, That there shall
hereafter be eecied ia each county Of this
STATE, by the qualified electors of the county,
Oh the seeond Tuesiay OF 0sg0lpr, IN The year
eighteen huadred aud lay three, and blenni-
a,iy therraker, in the sams mtnneT as other
state aAd county ofheefs are elected, ore Pros.
eculinx Attorney, whJss terra Ol ONCE shai
commence ga the first Monday ln Januafy next
sf;ar bis eiecGon. and he shall holI his oiiiee
ior be term Of Two years, and until his success.
sof shall ba elected and qlalihed; Provided, ,Ihat
in such counties Of this state. wherein the ;erm
Of Oliee OF any Prosecuting Attorney shall ex-
pirein the year 1859, prosecuting attorney
sh ~ Be electea al the fall election ior county
ofie,s IN 1854. aud biennislly Iheresi1er
Sec. 2. That it sllsl! be the duly OF said pros
ecu.ihe suorney now in Office in this state 10
prosecute for and in behalf OF the state, all
complaints. suits and cOltrove sies in which
the state shall be party, ana sueh other suits,
maths and controversies, as shall he directed
By law, within the county tor which he shall
have been elected, in the district cOnTt, IN the
court Of common pleas, and in the probate
court; snd 10 paw over lor.hwiSh, 10 the county
treasurer all iIi1neys te'onging 70 said county,
which he has or nay hereafter collect, or which
,.psy come in,o hs hands by way OF fines, for.
feitares, costs 81 Otherwise, and take the treas
urelis duplicate receipt therefor, one OF wh!cn
he shall file with the auditor oil the proper eouh-
Is; aud upon laiiule TO pay over said moneys s
herein rsGurel, sal psa5ecu.ing attorney shall
b. removed from oii:e in mantle as prescribed
10 iha eighth saciina n, ihis ani
Sec. >, That each aa every prosecuting tt.
torney hereafter elected, uhdef The l,sl section
Of this oct, shall, before entering upon Tue du-
ties OF his Office, take an oath OF aihfml;loa TO
10 IN loIs'd upln his commission, TO support the
constitution oi the United States and ol this
STATE and lsi hiuly aud inpartyly TO discharge
the duties OF his Off 'e; which said ollh or aiir-
MT On m1y be administered oJ any common
pleas judge Of this state OF by the probate judge
o. the cOulty in which he is elected and saId
prosecuting attorney shat, before entering upon
the duties Of his Office, give bond with sufficient
sureIies, TO be approve by the court OF com.
mon II sas or the prob9te cOurt) % the stale oil
OliJ in any sum not less than one thousand
dollars, conditioned that he will according to the
best OF his skii aud abilities, faithfully discharge
al. :hs duties enioined on hun by W, and also,
that he will honestly and i5i.hiuy p0y ovel all
rnoaeys by him received as such prosecuting at
Iorney, in the manner directed by law, which
said boad shall be Il ed with the county treasu-
TeF.
Sec. { Tlat tie prosecuting attorney for each
county in this state, shall receive such compeh-
saiion for b 8 services in the court OF common
pleas. OF other court having like criminal jurs.
detion, for each tern, as shall be allowed oy the
III ige ol sIch court OF the county wherein such
services shall been rendered.; the amount oil
such services, in both ev,l and criminal business
pertaining 10 his Office, 20 be determine ed by the
cou.t ol common pleas annually at their fist
term after the FIRST Monday in February; aud h.
shsll also receive Ich compensation Dr h SER
vices in the probate court, eemI-annudily, At
shall DO allowed by the probate court OF the
county wherein such services shall have beer
rendered; the amount OF such services TO be de-
Iprnined by the probate court, annually hereal
ter. on or abtuG The Il fst Men lay IN Ft bualy
Provided, however, thu, the PROBATE court may
at any time after the passage OF this alt, make
an allowance t. the pro using attorney io his
sryices rendered for the yea' eighteen hundred
and 6ili two; all Of the Oli0wances made by the
courts 10 prosecuting attorneys, contemplated
by this act, TO be paid oct o: the county teesly,
on the order OF the county au ,iIor.
Sec. g. That Il shall be the duly OF the county
audirr, whenever anv officer OF his county shall
be elected OF dVVOlnltuf wiz W ItqUHe,l ~ give
bond Tor the discharge OF his duties, 20 call upon
the p-osecutIng attorney OF his county, TO attend
10 the same; and II shall be the duty OF said pros
eculing attorney upon such summons, to prepare
the IrSper b,nds, in legal l,rn, to examine and
,yke special care that the iOrns OF the same to-
gtther with the acceptance BY the proper author.
Ilirs, the signing and sealing thereof and oil the
ando .mrnis thereon, are ~ conformity TO law;
ard tie bond OF no county oth 5er shall be accep-
ted and proved, by tho authority authorized
10 applol and accept lhe sane, until said bond
has been seen aud inspected T. the prosecuting
al,ornt OF the proper county; aud The county
commissioners snail annually lake SUI h allow"
ance 10 the proseru,ng attorney lOl his services
under this ,ecIOn, a. they shall deem just and
reasonable. .fHHHf ...
See. o. Tha: on the application Of any pros.
oculng attorney, durlng Ihe Ie N OF The coul Of
common pleas, or the dist i1t court the cour
may, II they think necCs AIRY, appoint an assls
tant prosecuting aItoneJ, for whore services,
The eourI in winch lie services Hhall DO rehder
ed. shall make such allowance us they shall
deem iust and reasonable, 10 be a'd out OF the
eJuniy ueusuey Oh Ihe.,rler OF tie county au.
d o. .ar
See. Z. Thl,d the office Of pr scouting attor-
nev. Il any county OF IhIs stase, shall at 8ny
timebecOue vacant, by death, disability, reno-
val or resignation, OF from any other cause
whatever, the court OF common pleas shall ap.
!. lo.nt special profeeueng attorney, who shall
Ge qualified and give bond as required by the
Ihlld section oi this hcli aud said special prose.
cutting attorleJ shall hold his oiEce until the
proper pr prosecutor shall tesun,e his duties; and in
4. case Of fe uh. resignation orremovi from Office
or removal out oil Tue count unut the next o..
lober election succeeding bis appointment, and
and uhIll III suceessor IN Il be elected ana qua
fled and he slIat peilob the ss,ne duties and
We the same evmptnsauer, as is pointed
out and provided lor IN this act. rr.. ta
1 Fc &. Thel Il sh be the duty OF the court
0f o nnon pleas, in the siva'al counties o. this
state. upon complaint IN wnllng, in due form Of
law. signed y the person or Iersons making
ruch compIsuI, and containing drtinct charges
dr specifications aga nsI the prosecuting attorney
OF raid county, tor a wanton and " illu neglect