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Treasurer removed

from office,

etc., to de

liver money,

papers, etc., to successors.

Commission

ers, when to lay before the associ

statement

of receipts,

etc.

moved 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. 14. And be it further enacted, That the commissioners of the several counties, shall, at ate judges a the first session of the associate judges next succeeding their annual meeting, yearly, exhibit and lay before said judges, a general statement of the receipts and expenditures of the respective counties, and a particular account of all the monies by them assessed and collected, as also an account to whom and for what use or uses the same money, and every part and parcel thereof, was paid out again, with the proper vouchers, if required by said judges; which exhibit shall be filed and kept among the records of the said associate judges, and a copy of which shall be published in a newspaper, To be pub- printed in the county, or by affixing the same on the court house door, during the next succeeding term of the court of common pleas.

Exhibits to be filled

among the records, etc.

lished.

sation.

Sec. 15. And be it further enacted, That each commissioner shall be allowed one dollar and Compenseventy-five cents for each and every day's attendance, in the discharge of the duties of his office, an account of which shall be rendered quarter-yearly, and audited by the associate judges in their respective counties.

Sec. 16. And be it further enacted, That if any commissioner shall be guilty of malconduct in the discharge of the duties of his office, he, so offending, on conviction thereof, before the court of common pleas of the proper county, shall be fined at the discretion of the court, in any sum not exceeding four hundred dollars, with costs.

Sec. 17. And be it further enacted, That it shall be the duty of the associate 'judges of the several courts of common pleas, to deliver over to the commissioners under this act, all books and papers, or copies of the same, as the case may require, in their possession, concerning the powers and duties severally given and prescribed to the commissioners, by this act.

Penalty on ers for maloffice.

commission

conduct in

Associate liver to combooks, pa

judges to de

missioners

pers, etc.

Commencement.

Sec. 18. And be it further enacted, That this act shall be in force from and after the first day of March next, and that all laws and parts of clause.

Repealing

laws, coming within the purview of this act' be, and they are hereby repealed.

ELIAS LANGHAM,

Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate.

February 13th, 1804.

cess, when to be exe

cuted and returned.

CHAPTER XXV.

An act, to amend an act, entitled, "An act organizing the judicial courts."

Sec. 1. Be it enacted by the general assembly Mesne pro- of the state of Ohio, That all mesne process, issuing out of the supreme court or courts of common pleas, to compel an appearance, shall be executed by the sheriff or coroner (as the case may be) five days at least before the sitting of the court to which they are returnable, and the same shall be returned in the clerk's office or open court, on the first day of the term; if the action is entitled to special bail, or the court shall order it, bail shall be put in on the second day of the term, and the plaintiff shall

Defendant to put in bail.

file his declaration the first day of the term and furnish the defendant with a copy, who shall plead to the same before the end of the term, unless otherwise ordered by the court, and furnish the clerk with a copy of the plea, for the use of the plaintiff. The defendant may, in all cases, plead the general issue and give the special matter in evidence: Provided, he, at the same time, leaves written notice with the clerk, of the points of evidence on which he means to rely; and all issues shall be made up and the causes noticed in the clerk's office for trial, ten days previous to the succeeding term, at which time the cause shall be tried, nevertheless the court may, on good cause shown, dispense with any of the foregoing rules and regulations, on payment of costs.

Sec. 2. And be it further enacted, That for the future there shall be sixty grand jurors elected in each county, annually, in the manner prescribed in the eighteenth section of the act, entitled, "An act organizing the judicial courts."

Sec. 3. And be it further enacted, That writs of error, and supersedeas, certiorari, habeas corpus, cum causu, are writs of right and shall

be

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Clerks and recorders to keep their

offices at

justice.

issued as writs of course, by the proper clerk of any court having cognizance of the same: Provided, The party applying for either of the said writs, shall, before the same is issued, put in sufficient bail, before some clerk or commissioner (except in those cases where bail is not required by law) that he, she or they will prosecute the same to effect and abide the judgment of the court thereupon had.

Sec. 4. And be it further enacted, That all clerks of courts and recorders of deeds, shall the seats of keep their respective offices at the seat of justice in each county: Provided, That the clerks and recorders of new counties shall not be compelled to reside at the seats of justice in less than one year after the seat of justice in such county is permanently established.

Associate judges authorized to hold spec

Sec. 5. And be it further enacted, That the associate judges of the courts of common pleas, ial sessions. shall have power and they are hereby authorized, to hold special sessions of the court, at the seat of justice in any county, whenever two of the said judges shall deem it necessary, for the purpose of transacting the business of the quarter sessions or other ordinary business

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