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Commissioner.-To lighten the burdens of the courts and bring justice closer to the people, congress has provided commissioners who correspond to justices of the peace in the states.

Accused persons are taken before a commissioner who determines whether the prisoner shall be held for the United States grand jury, and has jurisdiction in inferior maritime questions.

He is appointed by the circuit judge, who may appoint as many commissioners as his judgment dictates. Their jurisdiction extends to the state in which they live. for their services.

They receive fees

Other courts.-The creditors of the nation can not sue it, but congress has established the court of claims, to try certain claims against the United States. When this court determines the government owes the amount congress must appropriate the amount of the claim before it can be paid.

A special court has been

county commissioners, justices of the peace, and other inferior courts in the county where court is being held.

Justices of the peace. This officer presides over a township court. This court has exclusive original jurisdiction in all civil cases, when the amount involved does not exceed $100. He has jurisdiction over all offenders against the law, and can require them to be brought into his court, when in some minor cases he may make final disposition of the case, but in the more important cases, if satisfied of the prisoner's guilt, he commits him to jail or releases him on bail to await the meeting of the grand jury of the common pleas court.

The civil jurisdiction extends to the township in which the justice resides and hold his court, but in criminal cases his jurisdiction extends to the county.

Other courts.-The probate court has jurisdiction over matters pertaining to settling of estates, to insolvency, to guardianship, etc. For further particulars see chapter on county officers.

In the larger counties or cities

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. It is his duty to report and publish the decisions of the court.

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

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

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