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hereby authorised and required to proceed in the same manner, in planning, contracting for, and causing to be erected such building or buildings, as they are required to proceed by the said act, in causing to be erected other public buildings in said act mentioned.

JOHN POLLOCK,

Speaker of the house of representatives.

THOMAS KIRKER,

January 25, 1813.

Speaker of the senate.

missioners

CHAPTER XCVII.

An act establishing boards of commissioners,

Sec. 1. Be it enacted by the general assembly Three com of the state of Ohio, That there shall be elected to be elected in the manner hereinafter provided, three commissioners in each county in this state; and they and their successors in office or any two of them shall have authority to do and perform any act or duty required and enjoined by law. The said commissioners (except in case of vacancy) shall be elected by the qualified electors in each township, at the October annual election. And whenever any new county is hereafter created, the associate judges thereof shall immediately notify the qualified electors of such county to meet, at the place of holding the courts in said county, and elect three commissioners, who shall hold their offices until the next annual election for commissioners, and their successors are qualified, and no longer; at which annual election, three commissioners shall be elected by the qua

Duty of

associate

judges

lified electors, whose time of service shall be de termined in the same manner as pointed out by the second section of this act, which election shall be conducted and returned agreeable to the provisions of an act, entitled ' An act to regulate elections.'

Sec. 2. BE it further enacted, That the com- Time of ser missioners thus elected shall, at their first meet- vice to be ing, determine by lot for what time they shall determined severally continue in office; one whereof shall by lot continue until the next October annual election; one until the annual October election next succeeding; and one until the annual October election next succeeding: and at the October annual election next after the first election, and at such and every subsequent October annual election, there shall be elected one commissioner, who shall continue in office for the term of three years and, in all cases, until their successors are elected and qualified: Provided, That nothing in this Proviso, section contained shall be so construed as to affect the term of office of any commissioner heretofore elected and qualified.

Sec. 3. Be it further enacted, That if any of Vacancies the commissioners shall die, remove from the how filled county, resign or decline to serve in said office, the associate judges, or a majority of them, in their respective counties, shall appoint a commissioner or commissioners to fill such vacancy or vacancies; and such person or persons, so appointed, shall continue in office until the next succeeding October annual election; at which election there shall be elected some person or persons as commissioner or commissioners, to fill such vacancy or vacancies, and each commissioner, so chosen, shall continue in office until the expiration of the term for which his predecessor was elected and it shall be the duty of the clerks

Contests

of the courts of common pleas, in their respective counties, to make out, for each person elected as commissioner, a certificate of his election, and shall deliver the same to the person entitled, upon demand, without a fee.

Sec. 4. Be it further enacted, That if the how to be election of any commissioner shall be contested, determined the same shall be decided and conducted in the same manner as is directed in case of contested elections of sheriffs or coroners.

Commis sioners to

Sec. 5. Be it further enacted, That before any commissioner shall enter upon the duties of take an oath his office, he shall take an oath or affirmation before any person authorised to administer the same, faithfully and impartially to discharge the duties of a commissioner, and the person administering such oath shall give a certificate, that the same hath been done, to the clerk of the court of common pleas, who shall file the same with the returns of the persons elected.

Time to meet

Sec. 6. BE it further enacted, That the commissioners shall meet, annually, on the first Monday of June, at the place where the court of common pleas is usually held in the respective counties, and then, or at such other times as the commissioners may then appoint, shall examine and allow all just debts and demands, which now are or hereafter shall be chargeable upon the respective counties, and shall from time to time, adjust and settle the demands and sunis of money which necessary public expenditures require should be raised yearly, to defray the charges of the building and repairing court houses, prisons, bridges, and for such other uses as may be for the benefit of said counties, respectively.

Sec. 7. BE it further enacted, That the comTo appoint missioners shall have a just and accurate record kept, of all their corporate proceedings, and for

a clerk

that purpose are hereby empowered to appoint a clerk, who may or may not be of their own body, as they may deem expedient, who shall keep his office at the seat of justice, whose duty it shall be to keep their records as aforesaid, and preserve all papers and documents they may direct, and attest orders and warrants issued by them, and perform every other service that may appertain to his office, as clerk, and he may be removed at any time, when thought necessary by the commissioners; and he shall receive, as a compensation, such sum as the commissioners may think reasonable.

Sec. 8. Be it further enacted, That the com- Erect public missioners shall assess county taxes and erect buildings public buildings, in such manner as is directed by law, and they may cause any bridge to be built, over any creek or water course, when they think such bridge of public utility, and too expensive to be borne by the township in which it may be wanted.

To allow

Sec. 9. BE it further enacted, That all ac- debts, &c. counts, debts and demands, justly chargeable upon the said respective counties, shall be allowed by the commissioners, who shall issue orders upon the treasurer, in favor of all creditors, for the sum or sums so allowed, which orders shall be received in payment for county tax, all which orders, so granted, shall be numbered in their order, and entered in a book, which the commissioners shall procure for that purpose, at the expense of the said counties, respectively.

Sec. 10. BE it further enacted, That the trea

sürer of every county, that is now, or that may County trea be hereafter erected and established, shall be ap- surer when pointed by the commissioners, annually, on the appointed first Monday of June and all vacancies that may happen, by death, removal or otherwise, shall be

A Aa

To settle

with com

filled by the commissioners of their respective counties, and the persons so appointed shall continue in office until the next following first Monday of June, and until a successor is qualified; but before they enter upon the duties of their offices respectively, they shall give bond to the commissioners and their successors, with one or more sufficient freehold sureties, in the sum of three thousand dollars, conditioned for the punctual execution of their duty; and the said treasurer shall keep a fair and accurate account of all monies received, and when, and also all disbursements and payments made by order of the commissioners; and the county treasurer shall be subject to be removed from office, for neglect or misconduct in office, by the commissioners of the respective counties.

Sec. 11. BE it further enacted, That the county treasurer shall yearly settle his accounts missioners with the commissioners, at their June annual annually meeting, and be entitled to receive for his services, a sum not exceeding four per centum on all monies by him received and accounted for: and when any treasurer shall be removed from office, or shall remove out of the county, he shall deliver up to the succeeding treasurer all the money, books, public accounts and papers belonging to the county where he acted, whole and undefaced; and when any treasurer shall die, his executors or administrators shall deliver, in like manner, all the money, books and papers relating to the said public accounts, that may have come to his or their possession.

Sec. 12. BE it further enacted, That the Commission commissioners of the several counties shall, at ers to lay the first session of the associate judges next proceedings before court succeeding their annual meeting yearly exhibit annually and lay before said judges, a general statement

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