Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1856-06-11
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
No. 1851 AN ACT
10 regulate and limit the compensation of certi
county officers.

mo. 49,. AN ACT
10 regulate and limit the compensation of certain
county officers.
SECTION /. Be it enacted by the General assembly
of the State Of Ohio, That the fees, costs, per cent
ages. penalties and other perquisites of whatever kind,
which by law the clerk of any court, pr Jhate Judge,
sheriff, either as such, or as special master commits
sioner or receiver in any case. treasurer. recorder and
auditor. in every county within this State, is or may
hereafter be authorized to charge, receive and collect.
for any services rendered by him or them, shall here
after be received and collected by the said officers re-
spectiYeiy. to and for the sole use of the county treas
ury of their respective counties, as public moneys, he
longing to said counties and not otherwise. and shall
be accounted for and paid over as such, in the manner
hereinafter provided.
SECTION ,. That it is hereby made the duty Of the
several officers named in the first section OF this act,
to report to the county commissioners Of thelr respec-
tive counties. quarter yearly during each year Of their
official term, a certified and sworn statement Of all tie
costs, fees. per centages, penalties and other perquis-
ties, OF every kind charged IN ms once, whether
taxed i'll any cause matter or proceeding OF otherGise'
and receivable by him for any services rendered by
him during the quarter next preceding the time Of
making such statement showing the whole amount
thereof, how much thereof has been received by him.
how much thereof remains un collected. the names Of
the persons from whom any of the same are due, and
the amounts due from each, and the reasons why the
same have not been collected. Provided however, that
the sheriff clerk, and probate judge, shall not he re-
uuired to report as to any uncollected fees or costs in
any suit, matter or proceeding which at the time for
making any such quarterly report, shall he pending
and not determined by a final order or Judgment. hut
all such uncallccted fees and costs shall he reported in
Tnl in the NEXT quarterly report after the said suit.
matter or proceeding, shall have been determined by a
final order or judgment and. provided further. that
the treasurer shall not lie required to report the fees,
per centages or penalties receivable by him for col
lecting taxes that are charged upon the tax duplicate
until his settlement with the county auditor, hut shall
report the same to the county commissioners in gross
as made out by the county auditor IN his quarterly re
port next after such settlement and that the county
auditor shall not he required to report the fees reciv
able by him for services rendered for the county and
payable TO him out of the county treasury except At his
annual settlement with the county commissioners as
now provided by law
sEcrIos ,. The county commissioners shall regulate
the number, and fix the compensation Of all deputies,
clerks, book keepers and other assistants to he
employed by the treasurer, auditor and recorder ;
which compensation shall be paid to them upon the
allowance of the county commissioners out of the
county treasury upon the warrant Of the county audi
tor; and the number and compensation Of the deputies
and other assistants of the clerk or clerks and sheriff,
shall be regulated and liked by the court Of common
pleas of the county Int where the clerk or sheriff Is
the officer of more than one court, the number and
compensation of the deputies and assistants necessary
for the transaction Of The business OF each court, shall
be regulated and fixed by such court and the ovmpen-
sation of said deputies and a sistants shall he paid on
the certihcate OF the court or courts hNins the same OF
the amounts due. out of the county treasury on the
warrant OF the county auditor. The county commits
sioners shall also allow and order to be paid, as other
claims against the county, all other reasonable expen-
ses necessary to the proper DISCHARGE Of the duties of
any Of the above named officers: Provided. however,
that the compensation of all del uties and assistants,
and all other necessary expenses Of any such officer
hereby authorized to be paid, shall he first paid ont ct
the fees, costs. per centages or penalties collected iy
such officer and accounted for and paid into the county
treasury.
CEITioN 4 lual taCu OF Sali nee shtll Keep lun
and regular accounts, subject at all times, to the eN-
animation of the county commissioners of all sums
charged and collected hy him. but the treasurer and
auditor shall not he required to keep a separate &C
count of any matters appearing from the tax dupli
cate.
SECTION ). That if, after deducting from the whole
amount of the costs. fees. per centages, and penalties
collected by each of said officers respectively during
each year. the amounts allowed and paid for the com
pensation of deputies, clerks, book-keepers. and other
assistants and other necessary expenses of the said
officers severally, there shall remain s. much, each of
said officers ebaT he a1fOra1 fo raeaiVP for his OWp uza
out of the costs. fees. per cestages and penalties col
lected by him as follows In counties having. hy the
last preceding enumeration of white male inhabitants
apoVe ~ age OF twenty one years 2Ash uh"eT ne
authority of this State, no more-than two thousand four
hundred such inhabitants, the probate judge eight
hundred, treasurer eight hundred clerk nine hundred
auditor nine hundred. sheriff ten hundred. and record
er seven hundred dollars for each year; and in cnun-
ties having more than two thousand tour hundred such
inhabitants, each of the aforesaid officers may receive
the like sums. ahd in addition thereto may receive for
each year the sum Of twenty five dollars Tor each al
ditional two hundred such inhabitants. above twenty
four hundred in the county and in counting such in
habia1ts above twenty four hundred. il there he any
fraction OF two hundred greater than l0a. such fraction
shall be reckoned as two hundred /; provided. that no
sheriff or treasurer shall receive in any year. in any
county, more than three thousand five hundred dollars,
and that no clerk, auditor or probate judge shall re
ceiye in any year more than three thousand dollars,
and no recorder shall receive in any year, in any
county. more than two Thousand dollars and the com
pensation to be allowed, according to the provisions o.
this act. to the officers named herein, after the taking
OF any irture enumeration Of white male inhabitants
under the authority of this State, shall he as herein
established, in every county according to the amount
OF its population as herein classified. as aScertained
from time to time by such enumeration.
SECTION 6. That each of said officers, after deduct
ing the proper proportion of the amounts allowed by
this act, to be retained by him for his own use shall.
at the end of each quarter. pay into the county treasu
~, and account for to the county commissioners. for
the use OF the county. all the remainder of the fees,
oests- per ceDtage. penalties, and perquisites. Of every
sort; collected by him during the said quarter but if
N any quarter there shall not have been collected 4
Sufficient amount of fees, costs. per centares. or pen
alties. by any officer. to pay to him the proportion due
him for his own use, as herein limited, he shall he ca
utled to receive the amount of any such deficiency ont
of The collections made by him in any succeeding gu ar
ter or quarters during his official term, after dedncting
thereirom the amounts allowed for the compensation Of
his deputies, clerks and assistants. and other necessa
r. expenses, as herein before provided
SECTION Z. Nothing in this act shall be so construed
as to make the county commissioners Of any county
liable to any of the officers named herein or their dep
uties, clerks and other assistants. for the payment Of
any salary or coz pensation excep- out Of the fees
costs pee centages and penalties, collected by such
officers respectively.
county are hereby authorized and required, when, IN
their opinion. it shall be necessary to employ a collect
or or collectors for the purpose of collecting the un-
paid fees or costs reported to them, and to allow to
such collector or collectors. such compensation, gay
able out of the same, as they shall deem reasonable;
and the commissioners are also authorized to cause
executions or other proper legal process. to be issued
Tor the purpose of collecting such unpaid costs and
ICES, but any officer falling to use due diligence in col
lecting any fees or costs receivable by him. shall be
personally liable for the payment thereof 70 the county
and the same shall be charged 10 him ny the county
commissioners.
SECTION 9, In case any officer named in this act,
shall fail to pay over into the county treasury any
money found to be due from him, upon his settlement
with the county commissioners, under this act. for the
period of thirty day after the same shall have been as
certained and found Icy them. and notice Thereof given
to him, or if any OF said officers shall, with intent to
violate this act. fail to furnish the statements and re
ports herein required, at the time. anl in the manner
herein specified or if any such officers shall Wilfully
make any such report or statement false in any mate
rial matter, knowing the same to be so, he shall, upon
conviction upon indictment or information in the
court of common pleas of the proper county. be ad-
judged guilty of misconduct in Office and he immedi-
ately removed FROM Office, and in addition, forfeit all
compensation to which he would he otherwise entitled.
and he condemned to pay a fine for the use Of the
County, of not less than three hundred nor more than
one thousand dollars. for the payment of which forfeit
ure and fine as well as auY amount otherwise due from
him in his official capacity his sureties shall also
be Liable upon their bond, to be recovered in a civil
action in the name Of the state of Ohio, for the use of
the county in which he was an officer.
SECTION 10. The official bonds required iy law and
hereafter taken from any officer named in this act shall
be deemed and held TO make the parties to the same
liable for any violation on :hs part of the officer for
whom they are sureties OF any of the provisions here
OF and for The faithful performance CT all duties hereby
re luired.
SECTION IL. This act shall take effect and he in
force from and after the first day Of April eighteen
hundred and ffty-six: Provided however. that Moth
ing in this act shall be so construed as to effect the sal
airy or compensation Of any officer during the term Of
Office for which prior to the taking effect of this act he
shall have been elected, and the fees of each Of the Of
1cers herein namel remaining unpaid at the end of
his official term, shall in noWise belong to, or lie the
property of any such officer but shall be collectaile by
his successor in office. and shall i've held to be public
monies and property of the county and shall constitute
a part Of the fand. out of which the expenses and com
pensation Of such successor in Office shall be paid
y. ii. WORRIES,
Speaker OF the House of Representatives.
TII0MAS ii. PoRD,
President of the Senate.
April {. 1856.
mo. 49,. AN ACT