The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-05-25
March 70, 1858,
mo. l4.] AN ACT

NO. II. AN ACl
Establishing Boards of County Commission
ers and prescribing their duties.
Sec. /. Be it enacted by tie Genera
Assembly OF TIE State Of Ohio; That there
shall be established, in each organized coun
ty ip this Stale, a board of County Com
misioners, to consist of three persons to b,
elecel by tie qua ied electors thereof, Il
the annual elec.ion in October, who shal
hold their offices for three years, except
hereinafter provided; and are hereby author.
lied and empowered to do and perform al
such dntles AS now are, or hereafter may
be, required of them by law,
Sec. 9. That the Commissioners first
elected in any new countyin this Stat, shall
hold their office for the term of one, two and
three years; to be by them determined by
lot at their first session.
Sec. 3. That whenever it becomes ne.
cessary to elect commissioner to fiji any
vacancy occasioned by death, resignation
or removal, the person elected shall bold
bis office for the unexpired periol ior which
his predecessor was elected, and until his
successor is elected and qualified.
Sec. 4. That when it shall become nee
essary, in auy. county, to elect a County
Commissioner, for the full term of thee
years. an at the same time, to elect one or
more for shorter period, than the full term
Of service, in that office, the person having
the highest number of votes shall be deem
ed to- 6aye been elected for the longest Pc
rioI, and the person having the next highest
number of yo es shall be considered to haye
been elected lor the second longest period,
and the person having the third largest num-
benr Of votes shall in Ike manner be deemed
to have been elected to. said Office for the
shortest period proviIid, that when two or
more candidates ttr that Office shall have
the highest and an equal number OF votes,
it shall be the duty OF the clerk and insticcs
of the peace, who shall open and certify the
returns, TO determine, By lot, who of such
capdidates shall be deemed elected, and the
period for which each shall serve, not ex-
ceeding the term OF service designated By
law.
Sec. 5. That whenever there shall a va
cancy in the Office of county commissioner
from death, resignation, removal or any
cause other than the expiration of the term
for which he was elected, and the interests
Of the county shall require such vacancy to
be filled b6 fore the next annual election, the
probate judge, auditor, and county recor-
der of such county, or a majority of them,
shalImcet at the seat Of justice of the county,
and appoint one or more commissioners, as
the case may require, who shall continue in
office until the next annual election, and un-
til the commissioner or commissioners then
elected, shall be qualified, and no longer;
and the absence Of any commissioner from
the county, for six months in succession
shall be deemed sisna'ion of the office
Sec. 6. That before any commissioner
shall enter upon the duties of his office be
shall take an oath or affirmation, before
some person authorized to administer the
same, faithfully and impartialy to discharge
the duties of a commissioner in the county
in which he resides, and deposit certificate
thereof with the county auditor OF the prop
er county, to- bs by him filed and carefully
preserved.
Sec. 7. That the board of commissioners,
in the several counties of this State, shall be
capable of sung and being sued, pleading
and being impleAGed, in any court Of Judi
cature within this State: and they are here
by authorized and required, to ask, demand
and recover, by suit or otherwise, any sum
or sums of money orther property, due to
such county on account OF advances made
by them ON any contract with any person or
persons for the erection or repairs of any
public buildings or bridges, or any other
contract which,by the provisions of this act,
they are authorized to enter into; and in
like manner, to sue for and recover in mon
ey, the value or amount of any labor OF ar
ticle Of value, subscribed instead Of money,
to aid in erecting or repairing bubic build
ings or bridges, where such labor or article
ofyalue, upon theirrequisition, shall not have
been performed. delivered or paid in a rea-
sonsble time; and the moneys 50 recovered,
in either of the above cases, shall be by
them paid into the treasury Of The county;
and they shall take the trsasurer's receipt