REVISION OF THE GENERAL STATUTES OF OHIO. AN ACT TO REVISE AND CONSOLIDATE THE GENERAL STATUTES OF OHIO. Be it enacted by the General Assembly of the State of Ohio: Tit. I, Ch. 1. DEFINITIONS AND GENERAL PROVISIONS. TITLE I. PRELIMINARY. S$ 1-4. Oath includes affirmation. All officers must take an oath of office. Oath of office of judges. SECTION 1. The word oath includes affirmation; and, whenever an oath is required or authorized by law, an affirmation, in lieu thereof, may be taken by any person having conscientious scruples to taking an oath; and an affirmation has the same force and effect as an oath. [51 v. 57, § 596.] SEC. 2. Each person chosen or appointed to an office under the constitution or laws of the state, and each deputy or clerk of such officer, shall, before entering upon the discharge of his duties, take an oath of office; but the failure to take such oath does not affect his liability or the liability of his sureties. SEC. 3. The oath of office of each judge of a court of record shall be, to support the constitution of the United States and the constitution of this state, and to administer justice without respect to persons, and faithfully and impartially to discharge and perform all the duties incumbent on him as such judge, according to the best of his ability Oath of office of and understanding; and the oath of office of every other officer, deputy, or clerk, shall be, to support the constitution of the United States and the constitution of this state, and faithfully to discharge the duties of his office. [50 v. 67, § 19.] other officers. Seal of what it may consist. SEC. 4. The word seal includes any character or mark intended for a seal, and in all cases where a seal is or may be required by law to be affixed to any instrument of writing, and the kind of seal is not speci 1. Who may administer oaths, Harmon v. Stockwell, 9 O. 93; Warwick v. State, 25 O. S. 21; if a witness believes in God, and that an oath is binding on his conscience, he is not incompetent, although he does not believe in a future state of rewards and punishments, Brock v. Milligan, 10 O. 121; [Quære: does the present constitution remove all question on account of belief or non-belief, as to credibility as well as competency ?]; verification required to be under oath must, on its face, show that it is under oath. Skinner v. Brown, 17 O. S. 33. 8 2. All officers required to take an oath of office, whether prescribed by statute or not, State v. Kennon, 70. S. 546; attorney appointed by court to assist prosecutor need not take oath, Martin v. State, 16 O. 364; nor need a special master, Mayer v. Wick, 15 O. S. 548; failure of principal to take oath no discharge of surety. State v. Findley, 10 O. 51. See Gage v. Payne, Wright, 51. 4. What appearance of a seal will be considered a seal. Heighway v. Pendleton, 15 O. 733. SS 5-11. DEFINITIONS AND GENERAL PROVISIONS. fied, a seal either of wax or wafer or other adhesive substance, or an impression upon such substance, or upon the paper or material upon which such instrument is written, or a scroll seal, shall be alike valid and deemed sufficient. [29 v. 349, $ 1.] Tit. I, Ch. 1. record them. SEC. 5. Every officer, on receiving an official bond which by law is Depositaries of required to be filed or deposited with him, shall immediately, on receiv- official bonds must ing such bond, record the same in a book to be kept by him for that purpose; and a certified transcript of the record of any such bond shall A certified copy be taken and held, in all courts and places, as conclusive evidence of of the record such record, and prima facie evidence of the execution and existence of such bond. [41 v. 13, § 1.] made evidence. blank. SEC. 6. All official bonds, and all bonds of executors, administra- What bonds good tors, and guardians, and all bonds required or authorized to be taken by when signed in or before any court, judge, public board, or officer, judicial or ministerial, and all bonds of indemnity, and all other bonds conditioned to become void upon the performance by the parties thereto, or any of them, of the stipulations therein contained, shall bind and render liable thereon, all the obligors therein, both principals and sureties, whether at the time of the signing and sealing of the same by such obligors, or any of them, the amounts of such bonds be filled in or left in blank, if such amounts be filled in before, or at the time of the approval or acceptance of such bonds; and such filling in may be done in the absence of any or all of the obligors, and without any express authority for that purpose from them or any of them. [66 v. 15, §§ 1, 2.] an official or pub lic bond. SEC. 7. A bond payable to the state of Ohio, or other payee as may What is sufficient be directed by law, reciting the election or appointment of a person to as the condition of an office or public trust under or in pursuance of the constitution or laws, and conditioned for the faithful performance, by such person, of the duties of the office or trust, shall be sufficient, notwithstanding any special provision made by law for the condition of such bond. SEC. 8. Any person holding an office or public trust shall continue therein until his successor is elected or appointed and qualified, unless it is otherwise provided in the constitution or laws. Officers to hold till their successors are qualified, unless otherwise pro Deputies and SEC. 9. A deputy or clerk, appointed in pursuance of law, shall vide hold the appointment only during the pleasure of the officer appointing clerks-their him; and the principal may take from his deputy or clerk a bond, with terms, etc. sureties, conditioned for the faithful performance of the duties of the appointment; but in all cases the principal is answerable for the neglect or misconduct in office of his deputy or clerk. SEC. 10. A deputy, when duly qualified, shall have power to per- Power of deputy. form all and singular the duties of his principal. office. SEC. 11. When an elective office becomes vacant, and is filled by Term of ap appointment, such appointee shall hold the office till his successor is pointee to elective elected and qualified, and such successor shall be elected at the first proper election that is held more than thirty days after the occurrence of the vacancy; but this section shall not be construed to postpone the time for such election beyond that at which it would have been held had no such vacancy occurred, nor to affect the official term, or the time for the commencement of the same, of any one elected to such office before the occurrence of such vacancy. 6. When and what blanks may be filled. State v. Boring, 15 O. 507; Famulener v. Anderson, 15 O. S. 473. 28. What is an office. State v. Kennon, 7 O. S. 556; State v. Taylor, 12 O. S. 130; Walker v. Cincinnati, 21 O. S. 14; Warwick v. State, 25 O. S. 21; State v. Wilson, 29 O. S. 347. 10. Deputy clerk of probate court has authority to administer oaths, Warwick v. State, 25 O. S. 21; and deputy clerk of common pleas may sign process as deputy without using the name of his principal, Chapin v. Allison, 15 O. 566; Walke v. Bank of Circleville, 150. 288; deputy sheriff may execute deed for lands sold by himself or principal. Haines v. Lindsey, 4 O. 88; Anderson v. Brown, 9 O. 151. Tit. 1, Ch. 1. Vacancy in appointive state DEFINITIONS AND GENERAL PROVISIONS. SS 12-16. SEC. 12. In case of a vacancy in any office filled by appointment office, how filled. Of the governor, by and with the advice and consent of the senate, occurring by expiration of term or otherwise, when the senate is not in session, and no appointment has been made and confirmed in anticipation of such vacancy, the governor shall fill the vacancy and report the appointment to the next session of the senate; and the person so appointed shall hold the office for the full term, if the senate advise and censent to the same; and if not, a new appointment shall be made. Incumbents of offices when this act takes effect not to be affected thereby as to term of office. Certain fees to be paid into the state treasury. Device of coat of SEC. 13. The incumbents of offices when this act takes effect, the duties of which are herein defined, or the filling of which is herein provided for, shall hold their respective offices for the full term for which they were severally elected or appointed, as if this act had not been passed. SEC. 14. All fees received or moneys collected by the secretary of state, auditor of state, or other state officer, for copies made or services performed for, or articles furnished to, persons or municipalities, shall, unless otherwise herein provided, be by such officer paid into the state treasury within or immediately after the close of the fiscal quarter in which they are received or collected. [29 v. 505, $ 2.] SEC. 15. The coat of arms of the state of Ohio shall consist of the arms of the state. following device: A shield, in form, a circle. On it, in the foreground, on the right, a sheaf of wheat; on the left, a bundle of seventeen arrows, both standing erect; in the background, and rising above the sheaf and arrows, a mountain range, over which shall appear a rising sun. [65 v. 175, § 1.] Specific description of the great SEC. 16. The great seal of the state shall be two and one-half inches in diameter, on which shall be engraved the device as described in the preceding section, and it shall be surrounded by these words: "The great the seals of other seal of the state of Ohio." The seal of the supreme court shall be two seal, seals of the supreme and other courts, and officers, etc. —, Ohio;" "Probate court, and one-half inches in diameter, surrounded by these words: "The 12. Under section 6 of the act of March 27, 1866 (63 v. 52), which provided for filling vacancies which occur "from death, resignation, or removal for cause," it was held that the expiration of the specified term, three years, in vacation of the senate, was not such vacancy as could be filled by the governor, the tenure being for three years, and until their successors are appointed and qualified, the appointment to be by the governor by and with the consent of the senate. State v Howe, 25 O). S. 588. SS 17-21. DEFINITIONS AND GENERAL PROVISIONS. The seals of notaries public shall not be less than one inch and one- Tit. I, Ch. 1. ity. SEC. 17. An officer or agent of the state or of any county, town- Debts not to be contracted by ship, or municipal corporation, who is charged or intrusted with the con- public officers struction, improvement, or keeping in repair of any building or work of without authorany kind, or with the management or providing for any public institution, shall not make any contract binding or purporting to bind the state, or such county, township, or municipal corporation, to pay any sum of money not previously appropriated for the purpose for which such contract is made, and remaining unexpended and applicable to such purpose, unless such officer or agent has been authorized to make such contract; and if any such officer or agent make or participate in making a contract without such appropriation or authority, he shall be personally liable thereon, and the state, county, township, or municipal corporation in whose name or behalf the same was made, shall not be liable thereon. [54 v. 77, §§ 1, 2.] SEC. 18. No person shall hold by appointment or election at the same time more than one of the following offices: sheriff, county auditor, county treasurer, clerk of the court of common pleas, county recorder, prosecuting attorney, probate judge, and justice of the peace. [56 v. 71, § I.] A person may hold but one of certain offices. ed or appointed SEC. 19. Any person elected or appointed to an office of whom An office is vacant bond or security is by law required previous to the performance of the if the person electduties imposed on him by his office, who refuses or neglects to give such thereto does not bond or find such security, agreeably to, and within the time for that qualify. purpose prescribed by law, and in all respects to qualify himself for the performance of such duties, shall be deemed to have refused to accept the office to which he was elected or appointed, and the same shall be considered vacant, and be filled as provided by law. [29 v. 407, § 4.] SEC. 20. The state, county commissioners, township trustees, the Gifts, devises, and councils, boards or officers of municipal corporations, and the boards bequests may be made to public anof directors, trustees, or other officers of any of the benevolent, edu- thorities. cational, penal, or reformatory institutions, wholly or in part under the control of the state, and any of said municipalities or institutions, shall be capable of receiving, by gift, devise, or bequest, moneys, lands, or other property, for their benefit or the benefit of any of those under their charge, and to hold and apply the same according to the terms and conditions of the gift, devise, or bequest; but this section shall not be held to affect or change the statutory provisions as to devises or bequests for such purposes. [66 v. 8, § 1; 74 V. 38, § 20; 75 V. 42, § 1.] SEC. 21. The state, any county, township, municipal corporation, Concerning illegal or school board, shall not be precluded by the illegal loan or deposit by loans or deposits 218. Under the act of February 14, 1840, the same individual may hold the offices of associate judge and county treasurer, State v. McCollister, 11 O. 46; an infirmary director cannot be superintendent, State v. Taylor, 12 O. S. 130. 19. A county treasurer elect, who, on the first Monday of June after his election, delivered his bond to the commissioners, with sureties according to the statute, the commissioners on that day neither accepting nor rejecting it, and next day approving it, when the treasurer immediately took the oath of office, and had it indorsed on the bond, thereby became the legal treasurer of the county. State v. Tool, 4 O. S. 553. 20. See Urmey v. Wooden, 1 O. S. 160. 21. An unauthorized loan of the moneys of the state by its agents gives no right of action to the state against the borrower, unless the state ratifies the unauthorized loan. State v. Buttles, 3 O. S. 309. by public officers. |