The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-10
TNo. 180. I AN ACT,
April 6, 1859.

Section 1. Be 1t enacted By the Gen.
sral Assembly of the State Of Ohio, That
there shall be elected hereafter by the quail
fed electors of each organized couaty in this
State, on the second Tuesday in October bien-
nially, one county auditor for each county, who
shall hold his office for two years, from the first
Monday Of March next succeeding his election,
and until his successor is elected and qualified,
and shall keep his Office at the seat of justice of
his county.
Sec. 2. Each county auditor, previous to
entering upon the duties of his office, shall give
bond, with two or more sureties, to the accep.
tance of the commissioners of the county, in
such penal sum, not less than two thousand dol
lars nor more than twenty thousand dollars as
the said commissioners may require, payable
to the State of Ohio, and conditioned for the
faithful discharge OF the duties of his effce; and
shall also take and subscribe an oath or affirma-
ton, to be endorsed upon the said bond, that he
will faithfully and impartially discharge the
duties of his Office to the best of his skill and
ability; which bond, SO endorsed, shall be de-
posted with the county treasurer, and be by
him carefully preserved.
See. 8. If any county auditor shall fail to
make settlement or fail to pay over all moneys
with which he may stand charged, at the time
and in the manner prescribed by law, or shall
misapply any money which may come into his
possession in the discharge of his official duties,
it shall be the duty of the county commissioners
to cause suit to be instituted against such audi
tor, and his sureties, in the court of common
pleas of the said county, or other court having
jurisdiction of such cases. That whenever suit
shall have been commenced against any delin-
quent county auditor in the manner as afore-
said, the commissioners of such county may, at
their discretion, remove such auditor from office,
and appoint some person to fill the vacancy
thereby created, as heretofore by law provided
Sec A Suit may be instituted on such bond
against the county auditor and his securities,
in the name of the State of Ohio, and for the
use of the state, county, or any party or per-
sons injured by the misconduct in office of the
auditor, or by the omission of any duty re-
quired of him by law. trs
Sec. 5. If any person elected to the Office OF
county auditor shall not give bond and take
the oath or affirmation as required in the second
section of this act, on or before the first Mon
day of March next, after his election, the office
shall be considered vacant.
{ Sec. 6. When q vacancy shall happen in the
Office of county auditor, either from DEATH re-
moval out of the county, resignation, failure to
give bond, or from any other cause, the county
commissioners of the proper county shall ar
point some suitable pe-sou to fill such vacancy
and the person so appointed shall give bond
and take and subscribe an oath affirmation
as required in the second section Of this act
and shall hold his Office until the next annual
election to be held in such county, and until his
successor shall be elected and qualified.
Bee. 4. When any county auditor, having
40 deputy, shall be unable, by reason of sick
ness, to perform the duties of his Office within
the time specified by law for their performance
or when both the auditor and his deputy shall
be 30 disabled by sickness or otherwise, tht
county commissioners of the proper county
shall appoint some suitable person to do ant
perform the duties of county auditor during
such disability, and may require of the person
SO appointed, such bond and security, for tn,
Z faithful discharge of the duties of the appoint
ment as they shall deem expsdient.
Sec. g. No judge of the supreme court, o.
of the court Of common pleas, or clerk of eithe
Of said courts, countH commissioner, county re
corder, county surveyor or county treasurer
shall be eligible to the Office of county auditor
Sec. g. The county auditors and their depu
ties are hereby authorized to administer an.
oath or affirmation rendered necessary to tn
performance of any of the duties of their re
spective Offices. ..fa Ta4
Sec. 10. The county auditor shall by virtu
of his Office, be clerk to the board of count.
commissioners of his county, and shall keep al
accurate record of their corporate proceedings
); and shall carefully preserve all the documents
books, records, maps, and other papers, require
8 to be deposited or kept in his office.
Of Office, shall deliver up to his successor i
Office ali the moneys, books, records, maps, doc
uments, papers, vouchers, and other propert
In his hands belonging to the county; and il
ease of the death of any county auditor, hi
personal representative shall, in like manner
8 deliver up all such books, moneys, records
maps, documents and other property.
- Sec. 10. The county auditor shall keep a
accurate account current with the treasurer G
his county; and when any person shall deposi
with the auditor any receipt given by the treas
urer for any money paid into the treasury, tn
auditor shall file such receipt in his Office an
shall charge the treasurer with the amoun
thereof. 60
:, Sec. 13. No claim against the county sha
be paid otherwise than upon the allowance
the county commissioners upon the warrant {
the county auditor, except in those cases i
which the amount due is fixed by law, or
authorized to be fixed by some other person Q
tribunal, in which cases the same shall be pal
upon the warrant of the county auditor, upo
the proper certificate of the person or tribuns
allowing the same; provided, that no publ
. money shall be disbursed by the county CON
missioners or any of them, but the same sha
be disbursed by the county treasurer upon tn
warrant of the county auditor, specifying tn
name of the party entitled to the same, on wha
account, and upon whose allowance, if not fxe
by law; and all such orders shall be progres
sively numbered; and the number, date an
amount of such, and the name of the perso