JUDICIAL DEPARTMENT formed for the District of Columbia and each territory has a complete system of courts. Executive officers.-The executive officers of the different courts are the marshal, the clerk, and the court reporters. The marshal serves the writs and subpoenas and brings criminals into court; the marshal of the circuit and district courts is appointed by the president. The clerk, who is appointed by the court, keeps a record of all cases brought before the court, and the disposition made of the same. The court reporter is appointed by the court. is his duty to report and publish the decisions of the court. It 89 other courts are established to relieve the regular courts. Executive officers.-The chief executive officers of the courts are sheriff, clerk, reporter, and constable. The duties of these officers will be given below. The reporter is appointed by the court; but the sheriff, clerk, and constable are elected. The elerk of the supreme court is elected triennially by the electors of the state. His duties correspond to other clerks of the courts. His salary is $1,500. CHAPTER VIII THE COUNTY, TOWNSHIP, VILLAGE, ETC. The county.-The political unit of Ohio is the county. The constitution requires that each county contain not fewer than four hundred square miles; and that all laws creating new counties, changing the boundaries of the counties, removing county seats, shall be approved by a majority of the electors of the counties affected before they may become valid. The first ten counties were erected by the territorial governor's proclamation, but their boundaries have been changed. The first county was Washington and the last Noble. The county is a miniature state, exercising all the powers of government. The right to perform these powers has been delegated to the counties by the general assembly. In form of government it is a delegated, limited oligarchy, the county commissioners being the real rulers. But in spirit the county is a very democratic institution. COUNTY OFFICERS County commissioners.—In each county there are elected three commissioners, who exercise executive, legislative and judicial duties. One is elected each year to serve for a term of three years. Legislative duty.-The commissioners levy taxes and determine how the money shall be spent. They COUNTY OFFICERS 91 order roads to be constructed and bridges and buildings to be built. The general assembly has delegated to the county commissioners power to legislate in many matters of local interest. Executive duty.-The commissioners fill any vacancy that may exist in the following county offices: Clerk of the common pleas court, coroner, auditor, infirmary director, treasurer and recorder. They oversee public improvements and appoint certain persons to take care of public property, examine and compare the accounts of county auditors and treasurers. They may compound or release a fine in whole or in part. (See Sec. 855 Bates Revised Statutes, Third Edition.) Judicial duty.-The county commissioners must try every account against the county, except in cases where the amount is fixed by law or determined by some other officer. The proceedings of the board are in many respects those of a court of special and inferior jurisdictions. Sheriff. It is the sheriff's duty to preserve the peace, to serve and execute all processes, writs, precepts, and orders issued by any court of record in the state. He holds office for two years. He may call on any able-bodied man to aid him and may appeal to the governor for the aid of the militia, in supressing a riot or protecting life and property. Probate judge. In the office of the probate judge wills are probated, executors and administrators are appointed to settle estates of deceased persons, assignees are appointed to settle the estates of insolvent persons. Licenses to solemnize marriages are granted to ministers, and marriage licenses are issued. In many counties the probate court has jurisdiction of all misdemeanors. The judge serves three years and a vacancy is filled by the governor. Auditor. The auditor is the secretary of the board of county commissioners. He has charge of the finances of the county; he makes a record of the assessment of property by the assessor and computes the amount of tax each property owner must pay. The treasurer must receive the auditor's order before he can receive or disburse money. He is elected triennially. Treasurer.—The treasurer receives on the certificate of the auditor all money due the county from taxes or any other source, and pays out the same on the order of the auditor. He serves two years. Recorder. Triennially there is elected in each county a recorder whose duty it is to record all deeds, mortgages, leases, and plots and maps of towns or lands. If the purchaser of land fails to have his deed recorded and the vendor gives another deed to a person who is not aware of the first deed and the second deed is first recorded the second purchaser may hold the property. Mortgages are valid from the time that they are filed for record, in the order filed. County surveyor.-The county surveyor serves three years. A vacancy in the surveyor's office is filled COUNTY OFFICERS 93 by the court of common pleas, if in session, but if the vacancy occurs during the vacation of the court, it is then filled by the county commissioners. The surveyor makes all official surveys and keeps in his office. records of the same. He may be employed to do work for private parties. Clerk of the court of common pleas.-Triennially the electors of each county choose a clerk of the common pleas court, who is ex-officio clerk of the circuit court for his county. It is his duty to keep a record of all orders, decrees, judgments and proceedings of the courts of which he is the clerk. Prosecuting attorney.- Only an attorney and counsellor of law duly licensed to practice in the courts of Ohio is eligible to the office of prosecuting attorney. He is elected triennially; a vacancy in his office is filled by the court of common pleas. It is his duty to prosecute, on behalf of the state, all complaints, suits and controversies to which the state is a party and to give legal advice to the other officers of his county. Infirmary directors.-In counties having a home for the poor, there are elected three infirmary directors, one each year, to serve for three years. They appoint a superintendent of the infirmary and have general oversight of the poor of the county. They levy taxes for the support of the poor. |