SS 1233-1239. SHERIFF AND CORONER. Tit. VIII, Ch. 8. personally, he shall only receive mileage thereon, to be computed from the office of said officer to the place of service, and back to his office. [73 v. 127, § 14; 76 v. 117, § 22.1 holders' fees. attachment: free SEC. 1233. In all cases in which an attachment is issued, the sheriff Sheriff's fees in shall be allowed for each person and parcel of land, served with a copy of an order of attachment, the same fees as are now allowed by law for levying execution; and in all such cases, the freeholders required to be called by the sheriff to appraise property, shall be allowed such fees for their services as the court directs. [73 v. 127, § 15; 76 v. 117, § 23.1 SEC. 1234. The sheriff, for performing the duties required by law, Fees in probate in the court of probate, shall receive the same fees as are allowed by court. law for similar services in the court of common pleas, to be taxed against the proper parties, by the probate judge. [73 v. 127, § 16; 76 V. 117, § 24.] Allowance for ditional for SEC. 1235. The sheriff shall be allowed such compensation as the county commissioners shall, from time to time, order and allow, not prisoners: adexceeding fifty cents per day, for keeping and providing for prisoners lunatics. in jail; and the commissioners, annually, at their June session, shall review and fix the price of keeping and providing for said prisoners, and cause the same to be entered upon the record of their proceedings; but in any county in which there is no infirmary they may, if they think the same just and necessary, allow any sum not exceeding seventy-five cents per day, for keeping any idiot or lunatic. [73 v. 127, § 17; 62 v. 60, S1; 76 v. 117, $ 25.1 sheriffs on foreign SEC. 1236. When the sheriff receives from the court of any other Mileage fees of county than that in which he resides, a writ of capias ad satisfaciendum, capias ad satisand it is necessary for him to convey the defendant or defendants to faciendum. the jail of the county from whence such writ has been issued, such sheriff shall receive, on return of said writ, that the body or bodies are committed to the jail of the proper county, or discharged from custody by order of the party, eight cents per mile going to, and six cents per mile returning from said jail, to be computed from the place of service to the place of return, by the most usual route, and one dollar and twentyfive cents for every twenty-five miles for transporting and subsisting each defendant, as aforesaid. [73 v. 127, § 30; 76 v. 117, § 26.] dower. SEC. 1237. The sheriff shall be allowed for services relating to Fees of sheriff in dower: For summoning and swearing the commissioners, traveling fees, cases relating to to be computed from the place of return of his proceedings to the place where the land lies in which said dower is to be assigned, ten cents per mile. [73 v. 127, § 37; 76 v. 117, § 27.] cases. SEC. 1238. In all cases where any sheriff or coroner, having lev- How fees disied an execution, and whose term of office has expired, has returned tributed in certain such execution unsatisfied, or has delivered the same to his successor in office before the money could be made thereon, the court shall order the poundage and fees taxed on such execution to be distributed between such sheriff or coroner and his successor, who has made the money thereon, in such manner and proportions as the court deems just and equitable. [73 v. 127, § 39; 76 v. 117, § 28.] SEC. 1239. Coroners shall be allowed the following fees: For view Coroner's fees. of a dead body, three dollars; for drawing all necessary writings, and return thereof, for every hundred words, ten cents; for traveling, each mile, to the place of view, ten cents; when performing the duties of 1235. Neither sheriff nor county commissioners are bound to feed an insolvent debtor in jail. He must provide for himself in what manner he can. Wadsworth v. Wetmore, 6 O. 438. @ 1238. When the court of common pleas makes an order under the statute to distribute fees between the late and present sheriff, the supreme court will not interfere unless a strong case of abuse is presented. Avery v. Ruffin, 4 O. 420. Tit. VIII, Ch. 9. CLERK COMMON PLEAS COURT. SS 1240-1243. sheriff, the same fees as are allowed to sheriffs for similar services. [29 v. 219, § 6; 76 v. 117, § 29.] Election and terin of office. Bond. Shall be ex-officio clerk of district and superior courts, Vacancy to be filled pro tempore by county com missioners. SEC. 1240. There shall be elected, triennially, in each county, a clerk of the court of common pleas, who shall hold. his office three years, beginning on the ninth day of February next after his election. [50 v. 104, § 1; 69 v. 97, § 6.] SEC. 1241. Before entering upon the discharge of his duties, the clerk shall give bond to the state, in such sum as may be fixed by the county commissioners, not more than forty thousand dollars, and not less than ten thousand dollars, with sureties to be approved by the commissioners, and conditioned that he will pay over all moneys that are by him received in his official capacity, and that he will enter and record all the orders, decrees, judgments, and proceedings of the courts of which he is by law the clerk, and faithfully and impartially discharge and perform all the duties of his office; which bond, with his oath of office and the approval of the commissioners indorsed thereon, shall be deposited with the treasurer of the county. [50 v. 104, § 2.] SEC. 1242. The clerk of the court of common pleas shall also be clerk of the district court, and of any superior court held in his county. [50 v. 104, $ 3.] SEC. 1243. When a vacancy in the office of clerk occurs, the county commissioners shall appoint a clerk pro tempore, who shall give bond and take the oath of office, as prescribed for the clerk elect; and if the commissioners are not in session on the occurring of such vacancy, the county auditor shall forthwith give written notice to them 31241. A clerk is not bound to issue process without a written precipe is filed. In assigning a breach of the bond of a clerk, it is requisite to be particular enough to apprise the defendant of the matter complained of, State v. Caffee, 6 O. 150; the issuing of letters of guardianship by a clerk before the guardian has given bond, was not a breach of the clerk's official bond so as to charge his sureties. State v. Sloane, 20 O. 327. The county commissioners may sue on the clerk's official bond to recover fines, fees, and costs received by him, State v. Piatt, 15 O. 15; and to recover unclaimed costs which he neglects to pay over. State v. Orr, 16 O. S. 522. 1243. While the court of common pleas had the appointment of the clerk, it was held: the appointment must be the act of the court, made in open court, and entered on the minutes, and the announcement from the bench of such appointment did not preclude the court from refusing to have it entered on the minutes, and even if entered the court might refuse to accept the bond, and rescind the order, State v. Judges, 7 O. 1 pt. 134; de facto judges might make the appointment. State v. Alling, 12 O. 16. Under the statute of January 31, 1852 50 v. 104), the office of clerk pro tempore terminated whenever the successor elected at the regular election had qualified himself by a compliance with the law in giving bond and taking the oath of office; and the successor was elected for the full term commencing on the day of his election. State v. Neibling, 6 O. S. 40. SS 1244-1250. CLERK COMMON PLEAS COURT. Tit. VIII, Ch. 9. point, auditor shall appoint. of the fact, and they shall thereupon meet and make the appointment; If they fail to apbut if the commissioners fail to appoint, for ten days after they, severally, have had notice of the vacancy, the appointment shall be made by the county auditor. [69 v. 97, 6; 50 v. 104, § 7.] SEC. 1244. The clerk may appoint one or more deputies, to be Clerk may apapproved by the court of common pleas, if in session, or by one of the point deputies. judges of said court, if it is not in session: the appointment shall be by certificate, signed by the clerk which, with the approval of the court or judge, shall be entered on the journal. [58 v. 13, $4.] SEC. 1245. The clerk shall indorse on every pleading or paper in a General duties. cause filed in his office, the time of filing, and enter all orders, decrees, judgments, and proceedings of the courts of which he is by law the clerk, and make a complete record of every cause, unless such record is by law, or the order of the court, dispensed with, and pay over to the proper parties all moneys coming into his hands as clerk. [50 v. 104, $ 2.] SEC. 1246. The clerk shall make a complete record of each cause Clerk shall make within six months after final judgment or order of the proper court, complete record: unless by order on the journal, a record is dispensed with; and on his And on failing. failing to make such record within the time above named, he may be may be removed. removed by the court of common pleas. [50 v. 104, § 9.] SEC. 1247. The clerk may administer oaths, and take and certify Powers of clerk affidavits and depositions, and acknowledgments of deeds, mortgages, as to oathsand acpowers of attorney, and other instruments of writing. [61 v. 3, §1.] knowledgments. what to contain. SEC. 1248. The clerk shall, annually, within ten days after the first Annual report as day of July, report to the secretary of state, for the year next preceding to crimes, and the first day of July, the number of indictments, specifying the number of persons indicted, and for what crimes, the result of prosecution for each crime, whether execution, imprisonment in the penitentiary, impris onment in jail, fine, acquittal, nolle prosequi, failure to arrest, escape, or death, or whether still pending; also, the total costs, the amount taxed against defendants, and the amount collected; the total amount of fines assessed, the amount collected, and the amount probably collectible; the total amount of forfeited recognizances, the amount collected, and the amount probably collectible; the number of cases under each class of crimes wherein the counsel for defense was paid by the county, and the average allowance of each class; and the number of each class of crimes probably committed under the influence of intoxicating liquor; and also the number of indictments pending at the end of the previous year, and for what crimes; the number of indictments found within the year, and for what crimes; and the number of indictments pending at the close of the year, and for what crimes; and such other information as the secretary of state requires. [64 v. 17, §§ 1, 2.] SEC. 1249. The blanks for the annual reports shall be furnished by Blanks shall be the secretary of state, so arranged as to embrace every item required to furnished by sec, be specified therein. [64 v. 17, 2.] retary of state. Fees for report. SEC. 1250. The clerk, for making such annual report, is entitled to the following fees: For each case reported, not exceeding fifty cases, twenty-five cents, and for every additional case, ten cents; but any clerk failing to make said report, within the time above limited, shall forfeit twice the amount of the fees to which he would be entitled, which Forfeiture for not amount shall be, by the county commissioners, deducted from his compensation at their first session after the time limited for said report, if the same has not been made. [64 v. 17, §§ 2, 3.] 1244. Where a writ bears the proper test, and is signed by the deputy clerk, it is sufficient, although it would be more technically correct for the deputy to sign for his principal. Walke v. Bank of Circleville, 15 O. 288; Chapin v. Allison, 15 O. 566. making the same. 1256 Amended Mar. 24,1881. 78 0.L.8. Tit. VIII, Ch. 9. CLERK COMMON PLEAS COURT. Quadrennial re- of age. SS 1251-1259. SEC. 1251. The clerk shall make out and transmit to the auditor of state, on or before the first day of September, in each year in which the twenty-one years enumeration of the male inhabitants over twenty-one years of age is taken, an abstract of said enumeration in his county, showing the number, designating those therein returned as "colored"; and he shall make and deliver to the auditor of his county a like abstract; and upon his failure to make, transmit, or deliver either of said abstracts, as herein required, he shall forfeit and pay any sum not more than fifty dollars nor less than five dollars, to be recovered by action. [60 v. 65, S$ 2, 3.] Shall furnish poll books and tally- Law reports, stat utes, and other brary: SEC. 1252. The clerk shall furnish at his office, at the expense of . the county, and at least five days before the day of election, all the necessary poll-books and tally-sheets required in each voting precinct in the county, for all presidential, congressional, state, and county elections. [75 v. 160, § 1. SEC. 1253. The clerk shall receive and safely keep the law reports books of court li- and other books furnished by the state for the use of the court and bar; they shall have legibly printed on the cover the words: "The property of county," inserting the name, and shall be kept in a book case, furnished by the county commissioners; and the clerk shall be Clerk responsible responsible for the safety and preservation of said books, and in case any of them are lost or destroyed, he shall be liable therefor, unless the loss or destruction has been by unavoidable accident. [68 v. 109, § 2.] for. In certain coun- court records to Indexes of judg 1255 Mar. 24,1881. And made every Compensation of When expense of Clerk shall re ceive all costs and SEC. 1254. The clerks of the several courts of common pleas, district courts, and superior courts, in counties containing a population of thirty thousand and over, may make an alphabetical index of the names of all plaintiffs and defendants to pending suits, showing thereon, in separate columns, the names, and the number of the suit on the appearance docket, and when there is more than one suit pending for or against the same party, it is sufficient to index the name but once, and make entries opposite thereto, of the number of the suit. [75 v. 103, § I.] SEC. 1255. Such clerks may make an alphabetical index, containing the names of all plaintiffs and defendants to judgments not dormant, in which an execution has been issued, and also of all transcripts of judgments of justices of the peace, filed for lien and execution not dormant, as aforesaid, showing thereon, in separate columns, the names, the number of the execution, and the number of the cause on the appearance docket, and when there is more than one execution for or against the same party, it is sufficient to index the name but once, and make entries opposite thereto, of the number of the execution, and the number of the cause on the appearance docket. [75 v. 103, § 2.]. SEC. 1256. Indexes, as provided for by the two preceding sections, shall be made every three years, commencing on the first day of July. [75 v. 103, 3.] SEC. 1257. The clerks shall receive the same fee for making such indexes, as is provided by law for making indexes to judgments. [75 V. 103, § 4.1 SEC. 1258. When, in any proceeding in error, or other civil action or proceeding, it is necessary to procure a transcript of any judgment or proceeding, or exemplification of any record, as evidence in such action or for any other purpose, the expense of procuring such transcript or exemplification, shall be taxed in the bill of costs and recovered as in other cases. [56 v. 39, § 1.] SEC. 1259. Every clerk of every court of record shall receive from the hands of the sheriff, or other officer of the court, all costs taxed upon any writ or order issued from the court, such as appraisers' fees, § 1260. CLERK COMMON PLEAS COURT. over to person en Tit. VIII, Ch. 9. printers' fees, or any other fees necessarily incurred in the execution of writs and pay any such writ, and pay the same over to the persons entitled thereto, on over demand; and the sheriff, or other officer of court, shall tax such costs, collect and pay the same over to the clerk of the court from which the writ or order issued, giving the name of each individual, and the amount which each is entitled to receive. [56 v. 21, § 1.] · SEC. 1260. The clerk shall, for services hereinafter specified, Fees of clerk. when rendered, receive the fees herein provided, and no more; he shall administer oaths in pension and bounty cases without compensation: Docketing each cause in appearance docket, four cents; indexing each cause in same, direct and reverse, four cents; entering the voluntary appearance of plaintiffs and defendants, four cents, each; filing each precipe, pleading, or other necessary document, four cents; taking each affidavit, eight cents; issuing each summons, notice, order of arrest, order of delivery, order of attachment, order of injunction, mandamus, mandate, execution, habeas corpus, attachment for contempt, order of reference, writ of dower, writ of partition, order of sale, or any other order or writ (excepting a subpoena) wherein the number of words does not exceed three hundred, twenty-five cents, and where the number of words exceeds three hundred, eight cents for each hundred words; taking an undertaking bond or recognizance, twenty-five cents; taking justification of bail on notice, thirty-five cents; indorsing or entering allowance of bail, four cents; entering the return of each writ or order (excepting executions and subpoenas), four cents; impaneling a jury in each cause tried by a jury, and administering the oath, twelve cents; a certificate to each tales juror, for his fees, four cents; calling and entering each tales juror, four cents; issuing a subpoena wherein there is but one witness named, eight cents; for each additional name on the subpoena, four cents; swearing each witness, and making entry of same, four cents; entering attendance, each witness, four cents; a certificate to each witness for his fee, four cents; issuing a certificate of qualification of a witness for grand jury, four cents; entering each cause on the bar and court calendar of each term, four cents; indexing each cause, four cents for each term the same remains on the docket; for entering an order, verdict, rule, or judgment on the journal, eight cents for each hundred words; transcribing or posting an order, verdict, rule, or judgment on the appearance docket, eight cents; entering an assignment of a judgment or final order, eight cents; entering continuance, dismissal, or settlement of a cause, eight cents; entering a notice of appeal, eight cents; entering on the journal the finding of an indictment, eight cents; entering on the journal any plea not required to be in writing, eight cents; polling a jury when required, twenty-five cents; drawing a cost bill, which shall be taxed but once, twenty-five cents; making up a complete record in each cause, eight cents for each hundred words; making out copies of process, pleadings, records, files, or any proceedings in a cause, with the seal annexed, when required by a party or the law, eight cents for each hundred words; for indexing judgments and final orders, for each case, fifteen cents; docketing each execution issued, four cents; making direct and reverse index to each execution issued, eight cents; entering and recording the return of an execution, where the number of words does not exceed one hundred, eight cents; and where the words exceed one hundred, eight cents for each hundred words; each certificate with the seal of the court annexed (excepting when affixed to a copy), required by a party or the law, thirty-five cents; for each certificate to which the seal of the court is not required, and not herein otherwise provided for, fifteen cents; for a search of files, records, or dockets (excepting for a party or an attorney), eight cents; |