Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1856-06-04
AN ACT.1
No. 1871

NJ loO. nv oS1
Further to prescribe the Duties of County Commiss
toner's.
SECTION l. Be it enacted or the GeReaI Assembly
Of the state Of Ohio. That each commissioner OF i
county, before entering upon the discharge OF his du-
ties, snail enter into bond, in such sum IS shall lie re
CURED y the judge or judges Of the court Of common
pleas OF the proper county, with two or more good and
sufficient surities to he approved Of 10y said judge az
Judges. conditioned for the faithful discharge ofh;s Of
hciai duties. and Tor the payment of any loss or dam
age that may happen on accrue TO the county, in con
sequence of The neglect or failure Of the said cOmmiss
Toner faithfully to perform and discharge all the duties
required ofhim by Law.
sEoT.osa, That the county commissioner Of any
county, shall not make, suffer. or cause to be made.
aIy purchase or contract FOR any outla. of money fer
or on behalf Of their county, the estimated value or eN
pense OF which shall exceed one hundred dollars, viii
out first causing twenty days notice to he given In one
or more newspapers Of general circulation in .he conn
ty, that proposals VIII he received for the performance
Of any JOB or work, or for furnishing any goods. wares,
merchandise, or materials for said county and the
said county commissioners shall make, or cause to lie
made, sucA purchase or contract with the lowest re
soonsihle bidder, upon such persons giving bond to
the county, with security 10 he approved 10y the county
commissioners, that the work viii he faithfully PER
formed. and the goods. wares. merchandise, or mate
rails viii he honestly delivered according to contract,
and IN case OF the failure on The part OF SUCH person,
within a reasonable time, as may he fixed ly the COM
misSionerS. to enter into bond, with the security afOrC-
said. then the said purchase or contract may he made
with the next lowest responsible bidder, upon thu same
conditions and the limitations. pnd so on until the
purchase or contract is made with the person or per
sons who viii undertake the same. giving bond and Sc
curity thereof, ut the lowest price an best manner ;
Provided. that this section shall not be construed 10 Ell
tend to the purchase Of any articles, necessary to any
Of the county officers, in the discharge Of the duties Of
vlded further, That the said commissioners may. newer
the!css, by a unanimous vote. entered up m the min
Ctes Of their proceedings, and stating the grounds
thereof. dispense With the operation of this section in
case of urgent necessity. when the estimated expenses
or outlay does not exceed five hundred dollars Pro
yided uIther, that all contracts or purchases entered
into, in contrayentio1 Of the provisions Of this ssc-
ton shall, as against the county, be utterly null and
void.
SEXTON 3 That the county commissioners sh- II
not, hereafter, make any purchase, or enter irto any
contract or engagement for the erection Of any iIfirm-
ary, co1rt house, bridge, culvert, or any other public
tulldinE or improvement, by which a large amount OF
money or expense is involved than five thousand dol
Jars, without first submitting the question As to the
policy OF such outlay or expense involved therein, To
the qualified voters Of the county, eithcl at the annua'
spring or fall election. Ivy giving ruhlic notice IN one
or more newspapers of general circulation IN SAID
county. at least thirty days previous TO said election,
and by h~andNins, to he posted up in It least i've public
places in each township aad wtrd il said county, one
cf which handhills shall he posted up on the day OF
such election, at each Of the places Tor holding said
election and all purchases hereafter made, or con-
tracts eLterel into. for any such iubic building or iIs-
prevent as aforesaid, shall he Absolutely yoidas against
said county, unless the policy Of such outlay orexpense
shall first have heea approved by 4 majority of the votes
cast at such election. Provided that nothing in this
section shall be 50 construed as 20 prevent the COM
missiouers Of any county from making and entering
into any contract. and apTopnriatiug, without a vote.
any money now remaining in the treasury. to the pur-.
iect,d.
s1crIoS 4. It shall he essential to the validity Of
every contract entered into by the county COMM SON
ers, or ordered made by them, that tie same shall have
been asSentei to n 4 regular or special session thereof,
aad entered in the II nutes OF their proceedings ~ the
auditor.
sE.rroS That it shall lie unlawful for The county
commissioners to enter into asy contract for the cree
ton or repair OF any bridge o. calvert. the estimated
expense of which aDoEuts to more than one hundred
dollars taDtfI arpr he t~rst e. of sAe teyuSi6n or town
ships, in which the proposed improvements is to be
made, and the county surveyor shall have in writing
certified. that from actual examination, they believe
the same to be necessary aud proper for the convent
eace of he public, ani undl they shall have caused an
accurate estimate Of the cost Of the proposed improve
Elcni to Be made and furnished to them, by the county
surveyor, aud no contract for the making of TIE said
improvement. for 4 sum greater than the said estimate
of the county surveyor, shall be binding upon the
county. Provided that the said commissioners may,
Fertieicss. by a unanimous vote entered upon the
minutes OF their proceedings. and stating the grounds
thereof dispense with the operation OF this sectien in
cases Of urgent necessity when the esUnated expense
or outlay does Eot exceed two hundred dollars.
SECTION G.. That it shall be the duty OF the county
commissioners to designate TO the county treasurer
the place or places at which. and the person and per
sons with whom, he shall Lepos!i the public moneys re
ceivea by him during the time the said moneys shall
properly lie in his custody and It shall not lie lawful
Ior the said treasurer TO make any such deposit Of pub
lie money, without the assent and approval Of the com
niss;oLers. to be entered in the minutes Of their pro-
ceed.ngs ANA it shall be the duty OF the SAID cominisS-
toner's to ma e ANY contract or agreement with such
or dep0sitariess for the safe keeping Of the
public moneys, and for the payment Of any conSideTa-
therefor. which shall lie paid into the County treas
and shall belong to the county, and the said com
missiCners are also required TO take from such depnsi-
or depositaries, a bond or bonus with good and
sufficient scrities to .heir satistaction.i or the safe keea-
ing AMI repayment on demand Of such deposits and
al money III the county treasury. which shall not be
iepos ited for safe keeping as herein provided, shall be
kent At the Office OF the treasurer 4; and it shall he the
duty OF the county commissioners, at least once il
every three months and oftener, If they deem il proper,
a-az=.aHsav - #fn n-f wMa.-
accounts and vouchers Of the treasurer. and count the
money in his Office, and ascertain the amounts deposit
aud to enable them = ascertain the true condition
Of the Treasury they are autharIzed TO interrosate the
treasurer, his deputies, clerks and assistants, and to
require answers from them under oath. to lie admins
tered by the said commissioners Provided. however.
that the county treasurer ana his suritieS shall con
tiuue andremain liable for the safe keepingand prompt
payment, according II law, of all money belonging to
the county treasury. and not ksUt or deposited else
where than in the Office OF the county treasury, under
the direction of tia county commissioners, and for the
account of all money 4 sbursed by him.
SECTION = 1t shall be the duty Of the county com
missioners, annually, on the first Monday in March, to
make a detailed report in writing to the court Of COM
pleas Of the county, ef their official transactions,
during the year next preceding the time Of making
sach report, giving an accurate statement Of the hnan-
cial affairs OF the county. which shall be printed at the
expense OF the county, as directed by the c urt, to
whom the same Is made, and the court shall cause the
same to be invest gated aud examined by the Prosecu
ting attorney of the county, who. in case OF any vi Jla-
tions ofIaw, is hereby directed TO cause the same to lie
prosecuted according to the nature Of the case.
SEcTioN s. No account shall be- allowed, and no
money shall be paid for any services rendered 10y any
county commissioner or any expenses incurred BY
him., other than his compensation allowed hy law, until
the same shall have heen examined by the prosecuting
attorney Of the county, certified by him to be correct,
and allowed by the court Of common pleas.
SECTION Q. No claims against the county shall be
paid. otherwise than upon the allowance of the county
commissioners, upon the warrant Ofthe county auditor.
EXCEPT in those cases in which the smOunt due is fixed
by law, or is authorized TO be fixed 10y some other per-
snn or tribunal, in which cases, the same shall be paid
upon the warrant OF the county auditor, upon the prop
eT certificate Of the person or tribunal allowing the
same Provided that 10 public money shall he dis
bursed by the county commissioners. or any OF them.
but the same shall he dishursed by the county treasu-
rer. upon the warrant Of the county auditor, specifying
the name Of the party entitled TO the same, on what
account, and upon whose allowance, if not fixed by
law.
Srrrioy 20. This act to tlte eject and he in force,
from and after its passage Provided Sections I, ). 6,
and e, shall only apply to such counties as AZ the tax
ing Of the Federal Census or the year 1888, contained
a population greater thsn one hnndred thou: and in
hab.tants-
y. II. VAN 0RHES
Speaker OF the House Of representatives.
TII0M 4 : II ENpn