Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-06
AN ACT
Prescribing the duties of county auditors.
April :. 1859.

Prescribing the duties of county auditors.
Section !. BE II enacted by the General Assem-
bly, Of the State Of Ohio, That there shall be elect
ed hereafter by the qualified electors Of each or
ganiEed county In this state, on tho second Tues
day In October, biennially, one county auditor for
each county, who shall hold his office for two years.
from the hrst Monday Of March next succeeding
his election, and until his successor Is elected and
qualified, and shall keep his oGioe at the seat af
justice Of his county.
Sec. 2. Each county auditor, previous 10 on
terng upon the duties Of his office, shall give bond
with two or more suretes, to the aocep@noe Of the
commissioners of the county, In such ponal sum-
not less than two thousand dollars, nor moro than
twenty thousand dollars as the said commissioners
may require, payable TO the State Of Ohio and
conditioned for the faithful discharge Of tho du.
ties Of his ofioej and shall also take and subscribe
an oath or affirmation, to be endorsed upon the
said bond, that he will faithfully aud imparlially
discharge the duties Of his Office to the best Of his
skin and ability which bond, SO endorsed shall be
deposited with the county treasurer, aud be by
him carefully preserved.
Sec. j. lfany county auditor shall fail to make
settlement, or fail TO pay over all moneys with
which he may stand charged, at The time and ia
the manner prescribed by law, or shall msappy
any money which may como into his possession in
the discharge of his official duties Il shall be the
duty OF the county commissioners to cause suit to
De instituted against such auditor, and bic sure
or other court having Jurisdiction Of such cases
That whenever sut shall have been commenced
against any delinquent county auditor In manner
as aforesaid, the commissioners of such county
may, at their discretion, remove such auditor from
ohee, and nppo ut some one to fill the vacancy
thereby created heretofore by law provided.
Sec. 4. Suit may be instituted on such bond
against the county auditor and his securities, Ia
the name Of the State of Ohio and for the use of
the state, county, or any party or persons injured
by the misconduct in office of the auditor, or by the
omission OF any duty required Of him by law.
See. B. IT any person elected TO the office Of
county auditor shall not give bond, and take the
oath or affirmation required In the second Sec
tion of this act. on or before the FIRST Monday of
March, noxt after his election, the office shall be
considered vacant.
Sec. g. When vacancy shall happen ia the
office Of county auditor, either from death, reno
val out OF the county, resignation failure to give
bond, or from any other cause, the county com.
missioners of the proper county shall appoint some
suitable person 10 OIL such vacancy and the person
so appointed shall give bond, and take and sub
scribe an oath or 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.
Sec. Z. When any county auditor, having no
deputy, shall be unable, by reason Of sickness, 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 10 disa-
bled by sickness or otherwise, tue county COM
missioners Of the proper county shall appoint
some suitable person to do aud perform the duties
Of county auditor, during such disability, and
may require Of the person so appointed such bond
and security for the faithful discharge Of the du
ties Of the appointment, as they shall deem expe-
diont.
Sec. s. No judge OF the supreme court or of
the court OF common pleas, or clerk of either Of
said courts, county commissioner, county recorder,
county surveyor or county treasurer, shall be eli.
gble to the Office of county auditor.
Sec. Q. The county auditors and their deputies
are hereby authorized to administer any oath or
affirmation rendered necessary to the performance
Of any Of the duties Of their respective Offices.
See. 10. The county auditor shall by virtue of
his office, be clerk TO the board of county commits
sioners Of his county, and shall keep an accurate
record OF their corporate proceedings, and shall
carefully preserve all the documents, books, re-
cords, maps, and other papers, required to be de-
poslted or kept in his office.
See, H. Each county auditor on going out of
oico shall deliver up to his successor in Office all
the moneys, books, records, maps, documents, pa
pers, vouchers, and other property in his hands
belonging to the county; and in case Of the death
of any county auditor, his personal representative
shall, in like manner, deliver up all such books,
moneys, records, maps, documents and other prop.
erty.
Sec. H. The county auditor shall keep an ncs
county; and when any person shall deposit with
the auditor any receipt given by the treasurer fer
any money paid into tho treasury, the auditor
shall file such receipt in his Office and shall charge
the treasure. with the amount thereof
Sec. IL. No claim against the county shall be-
paid otherwise than upon the allowance Of the
county commissioners upon the warrant of the
county auditor, except In those cases Ia which the
amount due is 6xod by law, or is authorized to be
fixed by some other person or trbunsl in which
eases the same shall DO paid upon the warrant of
the county auditor, upon the proper certificate of
the person or tribunal allowing tho same proyi
ded, that no public money shall be disburfed by
the county commissioners, or any of them hut the
same shall be disbursed by the county treasurer
upon the warrant Of the county auditor specifying
the name Of the party entitled TO the same, on
what account, aud upon whose allowance, IL not
fixed by law; and all such orders shall be progress
sively numbered, and the number, date and
amount Of each, and the namo Of the person 10
whom payable, and the purpose for which drawn,
shall, ut the time Of issuing the same be entered
in book TO be kept by the auditor for that pur-
poso.
Soc. Ia. Tho county auditor ,hall annually. on
or before the 18th day Of April, make out aud de-
liver TO the ass essoT, schedule Of all lands and
town lots within his county which are found, from
his knowledge, or from the certificate Of the audi
tor OF state, TO have become subject to taxation,
and which have not been appraised for that pur-
pose, directing such assessor to assess the same.
aud make return thereof to him on or before the
third Monday Of May next ensuing.
Sec. 10. When an alteration OF any list enter
oil ON the grand leSy may become necessary, by
reason OF the partition Of any tract of land or
town lot, the county auditor, ON receiving infor
nation thereof shall transfer 10 the several parties
in partition the portion sot apart to hm her or
them, particularly describing the parts SO trans
fsrredi and shall apporton and transfer the valua.
ton Of such land town lot 10 the several parties
in proportion 20 their respective interests therein
previous to such partition.
Sec, 10. When any county auditor shall be
satisfied that the sraLsfer OF any land or town lot
or any part thereof, has become necessary, by rea
Of sale thereof or any part thereof for tar-
es, sale by sheriff or other officer, by virtue Of
an execution, order Of court or decree In chance.
~, or by reason Of devise or descent, he shall
make such transfer; and In such case, if part on
ly Of the tract Of land or town lot shall be trans,
ferred, the proportion Of the valuation 10 be
translerrOd Herewith shall DO ascertained by the
ASSESSOR and for that purpose the auditor shall
furnish the Assessor with liEt Of such lands and
town lots, ct the time spsei6ed In the fourteenth
section Of this act for delivering the schedule
therein named.
Sec. ~. When tho transfer Of any land or
town lot, or any part thereof shall become neees-
cary by reason of sale or conveyance by deed,
and such conveyance shall be for the entire tract
or lot, or part thereof, as charged on the dupli.
cate, such transfer shall be made by the o,unty
purchaser or his AGENT and in case such convey
anee shall be for less than the whole tra ct or lot
or part thereof, a. charged the duplicate, said
county auditor shall transfer the same Whenever
the seller and purchaser shall agree thereto In wri
ting, signed by them, or personally before the
auditor shall agree upon the amount Of valuation
to be transferred theFeWitbj bat II the seller and
gNUn q Ihn Naf. 4.