§§ 135-140. SECRETARY OF STATE. Tit. III, Ch. 2. SEC. 135. Each proposal shall be accompanied by a bond to the Bond to accomstate, executed in due form by the bidder, with at least two good and pany proposals. sufficient sureties, satisfactory to the secretary of state, in the sum of forty thousand dollars, conditioned for the faithful performance, pursuant to law, of such contract or contracts as may be adjudged to him, and for the payment, as liquidated damages, by such bidder, to the state, of any excess of cost over the bid or bids of such bidder which the state may be obliged to pay for such paper by reason of the failure of such bidder to complete his contract: the bond to be void if no contract be awarded to him; and no bid unaccompanied by such bond shall be entertained by the secretary of state. [70 v. 121, $ 4.] SEC. 136. The bond or bonds on which the contract or contracts are awarded shall be filed and retained in the office of the secretary of state, and for any failure to comply with any of the conditions in the contract contained, the contractor may be prosecuted in the name of the state, on his bond, in any court of competent jurisdiction, and the amount of damages, when collected, shall be paid into the state treasury; and each person to whom a contract is awarded, and who neglects or refuses to comply with the conditions of his contract, shall forfeit and pay for every such neglect or refusal any sum not less than fifty nor more than five hundred dollars, to be recovered in the name and for the use of the state; and if such contractor fails to furnish the paper according to the terms of the contract awarded to him, the secretary of state shall advertise and re-let the contract for furnishing the same, and may purchase the paper necessary for the use of the state until the contract is let. [70 v. 121, $ 5.] Bond to be filed forfeiture. and penalty of ery, etc. SEC. 137. Annually, on or before the first day of November, the Secretary shall secretary of state shall purchase, and cause to be delivered at his office, purchase stationso much and such kinds of stationery and other articles as may be necessary for the use of the general assembly and state officers; and no person other than the secretary of state shall purchase any article for the use of the general assembly, or either branch thereof, unless directed so to do by joint resolution: the amount that may be necessary for the purchase of such stationery and other articles shall be drawn upon the order of the secretary of state. [70 v. 121, § 6.] SEC. 138. The secretary of state, when he delivers to the sergeantat-arms of either branch of the general assembly, or other officer entitled by law to receive the same, any stationery, books, blank-books, or other articles, shall take a receipt therefor, stating the amount and value thereof, and shall, in his annual report, give a statement of each class of stationery, blank-books, and other articles so delivered, the amount and value thereof, and to whom delivered; and the statement shall also contain an inventory of the amount of stationery, blank-books, and other articles on hand in his office on the 15th day of November, when his annual report is made out, and the amount and value of each class of stationery, blank-books, and other articles received by him in the preceding year, together with a list of the names of the persons from whom they were received. [70 v. 121, $ 7.] STATISTICS. SEC. 139. The secretary of state shall, annually, prepare, from the official reports, and from whatever other reliable sources he may have access to, as full, accurate, and intelligible tables of the statistics of Ohio, as may be in his power, and report the results of his labors to the general assembly at its next meeting. [65 v. 92, 1.] SEC. 140. Every state, county, and other officer under the laws of this state, shall answer fully and promptly, without compensation, such Receipts to be taken for stationand statements to be reported. ery furnished, Secretary to gath tistics. er and report sta Tit. III, Ch. 2. ed to answer his purpose. SECRETARY OF STATE. SS 141-146. All officers requir- special and general questions as the secretary may propose with the questions for this view of securing statistical information; and in case any officer refuses or neglects to furnish promptly full and accurate answers to any such questions or question, he shall forfeit and pay a sum not more than fifty dollars nor less than five dollars, to be recovered by civil action in the name of the state; and, whenever so directed by the secretary of state, the prosecuting attorney of the proper county shall institute and prosecute such action, and pay the amount collected into the county treasury. [65 v. 92, SS 2, 3.] Penalty for neg lect, and how recovered. SEC. 141. All classes of statistics now returnable, or hereafter made returnable, to the auditor of state, attorney-general, or other officer, shall be by him transferred to the secretary of state, subject, however, to the use of such officer so far as necessary in the discharge of his duties. [65 v. 92, § 4.] STATE SEALER. SEC. 142. The secretary of state shall be ex-officio state sealer, and the standards of weights and measures adopted by the state shall be deposited in his office, and the same shall be by him kept in the boxes furnished by the government of the United States, which shall be opened only for the purpose of comparing with such standards the copies which by law are to be furnished for the use of the several counties, unless by a joint resolution of the general assembly, or upon a call of either house for information, or by order of the governor for scientific purposes. [58 v. 78, § 5.] SEC. 143. Copies of the original standards shall be procured by the state sealer, of the following materials, for the use of each county in this state, not already furnished, in pursuance of law, and be delivered by him to the auditor of such county. One half bushel measure, of one-eighth inch copper, with brass rim, one gallon measure, of onesixteenth inch copper, with brass rim and handle; one half gallon, one quart, one pint, and one half pint measures, to be made in the same manner and of the same material; fifty, twenty-five, twenty, ten, five, four, three, two, and one pound weights, avoirdupois, to be made of cast iron, turned, polished, and trimmed; and one half pound, one quarter pound, two ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of brass; one brass yard measure, graduated into feet, inches, and tenths. [58 v. 78, § 6.] SEC. 144. The state sealer shall cause to be impressed on each of the copies, so to be delivered to the counties, the letter O, and such other device for each county as he may direct, before the desposit thereof in the county auditor's office; which device shall be recorded in the office of the state sealer, and a copy thereof shall be furnished to the auditor of the proper county. [58 v. 78, § 8.] SEC. 145. The state sealer shall furnish like copies of the original standards to the sealer of any city or village upon application therefor, and payment of the cost thereof, by such city or village. [58 v. 78, § 9.] SEC. 146. The state sealer shall, from time to time, render an account to the auditor of state of all moneys by him paid or liabilities incurred in procuring and delivering copies of the standards to the counties, as aforesaid; and the auditor shall audit the same and draw his warrants on the state treasurer for the amounts he finds due, which shall be paid by the treasurer out of any moneys to the credit of the general revenue fund. [58 v. 78, § 18.] 145. Under the general law relating to weights and measures, and the city charter of 1834, the city council of Cincinnati had the power to appoint an inspector or sealer of weights and measures, and to enforce, by fine, the use of weights and measures sealed by such inspector. Huddleson v. Ruffin, 6 O. S. 604. §§ 147–150. AUDITOR OF STATE. MISCELLANEOUS. Tit. III, Ch. 3. paratus for inpect SEC. 147. The secretary of state shall have charge of all the appar- Secretary shall atus and property, belonging to the state, intended for the inspection have charge of apof illuminating gas and gas meters, and the testing of the registration ing gas and meof meter provers; and, by one of the clerks of his office, to be desig- ters, etc. nated by him, he shall test the registration of all meter provers that may be presented to him for that purpose, and shall stamp and seal all such meter provers, so tested, that are found correct. [73 V. 227, § 1, 2.] SEC. 148. The secretary of state shall be entitled to receive the following fees for copies furnished from his office, to be paid by the Fees for copies, persons applying therefor: For a copy of any document or part thereof, ten cents per hundred words; for affixing seal of office to copies, fifty cents; for testing the registration of gas meter provers, to be paid by the persons requiring such service, five dollars for each meter prover tested. [73 v. 227, § 2.] etc. therefor. SEC. 149. The great seal of the state, and the seals of the supreme The secretary court, the districts, courts, the courts of common pleas, and the superior shall procure the courts, and the seals of the secretary of state, auditor of state, treasurer of seals, and presses state, and of all other state officers using a seal, shall, with presses therefor, be procured and furnished by the secretary of state, as the same may, from time to time, be necessary; and the expense thereof shall be paid out of appropriations for stationery. [50 v. 188, §§ 1, 2; 65 v. 175, $3; 50 v. 67, 14; 29 v. 500, § 42.] SEC. 150. The secretary of state shall, annually, and as soon as he receives the information, prepare, print, and distribute a table, showing the times fixed by the judges for holding the terms of district and common pleas courts: which table shall be published in his annual report, corrected to correspond with any changes made therein by the judges or the general assembly; and it shall also, corrected as aforesaid, be published with the volume of general statutes at the close of each session of the general assembly; and whenever changes are made, as aforesaid, he shall prepare, print, and distribute a new edition of the table. [53 v. 45, $ 9.] Table of times of all ished: when and holding courts how often. Tit. III, Ch. 3. Shall give bond. Shall keep the seal SEC. 151. The auditor of state, previous to entering upon the discharge of the duties of his office, shall give bond, with two or more sureties to the acceptance of the governor, in the sum of twenty thousand dollars, payable to the state, conditioned for the faithful performance of all his official duties, and shall deposit the bond, with the approval of the governor and his official oath indorsed thereon, with the secretary of state. [29 v. 500, $ 1.] SEC. 152. He shall keep the seal designated by law for his office, of his office, and and all official copies of the records and documents therein shall be certified and signed by him, and have the official seal affixed. [29 v. 500, $ 3.] affix the same to copies. Shall be chief accounting officer. No money shall be drawn from the treasury but on his warrant. His books shall show balance of each fund and propriation. Shall draw warrants for legal claims if there be money in the treasury appropri ated to pay the same: And take receipt on claim, and file same. Warrants to be printed and bound, with margins. Margins to be preserved. SEC. 153. He shall be the chief accounting officer of the state, and shall keep in his office full and accurate accounts of all moneys, bonds, stocks, secureties, and other property and effects, paid into or deposited in the state treasury; and of all moneys, bonds, stocks, securities, property, and effects paid out of, or drawn or transferred from, the state treasury, and manage and direct all negotiations and correspondence concerning the same, for the best interests of the state; he shall also keep an accurate account of all appropriations made by law, and of all warrants drawn on and moneys paid out of the same; and no money shall be drawn out of the treasury except on his warrant, and he shall keep an exact account of the number, date, and amount of each warrant, in whose favor the same was drawn, on what fund, and on what account, and his books shall be so kept as at all times to show the exact amount of money which should be in the state treasury, the amount thereof belonging to each particular fund, the balance undrawn of each appropriation, and the amount of all bonds, stocks, securities, and other effects which should be in the treasury. [55 v. 92, § 1.] SEC. 154. He shall examine all claims presented for payment out of the state treasury, and if he find any such claim legally due, and that there is money in the treasury duly appropriated to pay the same, he shall issue to the party entitled to receive the money thereon a warrant on the state treasurer for the amount so found due, and take such party's receipt on the face of such claim for the warrant so issued, and file and preserve the claim, thus receipted, in his office; and he shall not draw any warrant on the treasurer for any claim unless he finds the same legal, and that there is money in the treasury which has been duly appropriated to pay the same; and when any claim is presented for work and labor performed, or materials furnished, and no specific provision has been made by law or contract, fixing the value thereof, the auditor, before drawing a warrant therefor, shall require the production of satisfactory vouchers in support thereof, and have the same verified by affidavit, showing that the claim is justly due, what payments, if any, have been made thereon, and that there are no set-offs thereto, and that the sum claimed is not more than the actual value of the labor performed or materials furnished. [55 v. 92, §§ 3, 4, 5; 55 V. 44, § 6; 73 V. 79, §1; 58 v. 36, § 1.] SEC. 155. Warrants on the state treasurer shall be printed in blank, and bound in books, with margins or stubs, in which latter shall be entered the date, amount, and number of the warrant cut therefrom, as filled up and issued, with the name of the party to whom the warrant is issued, and a designation of the fund upon which such warrant is drawn; and such margins or stubs, thus filled up, shall be carefully preserved by the auditor in his office. [29 v. 500, $5.] 154. When an appropriation is made for the purchase of furniture specifically described, and the agent of the state purchases other articles not within the description, the auditor of state may refuse to draw on the state treasury for the amount, unless the articles not authorized to be purchased are stricken from the claim. Boyer v. Morgan, 5 O. S. 583. §§ 156-160. AUDITOR OF STATE. Tit. III, Ch.3. to be divided on SEC. 156. When the amount found by the auditor to be due to any Claim over one person from the state exceeds one hundred dollars, the auditor shall, if hundred dollars requested by such person, divide the same into such amounts as the request. party requires, not in any case less than fifty dollars, and draw warrants for the several amounts into which the claim is so divided. [29 v. 500, $6.] treasury. SEC. 157. Every person intending to pay money into the state treas- How payments ury, shall give to the auditor a statement showing the liability or indebt- made into state edness on account of which such payment is to be made, and shall exhibit to him all accounts, vouchers, and documents necessary to enable him to ascertain the true amount to be paid, unless the auditor has in his office the means of determining the same; and the auditor, after a careful examination, shall certify to the treasurer of state the amount to be paid into the treasury, and the fund to which the same shall be credited; and the auditor shall thereupon draw in favor of the treasurer, upon the person making payment; and no payment into the state treasury shall discharge the liability to the state, unless it be made on the certificate and draft of the auditor, as aforesaid; which certificate, together with the draft of the auditor in favor of the treasurer, shall be delivered to the treasurer of state by the party paying, at the time of making payment, and the treasurer shall number, file, and carefully preserve the certificate and draft; and on receiving such payment, the treasurer shall give the party paying duplicate receipts for the money so paid, specifying therein the liability on account of which payment, was made, according to the certificate; one of which receipts shall be, by the party paying, delivered to the auditor; and the liability of the party paying shall not cease until the delivery of the receipt, as aforesaid, to the auditor of state. [55 v. 44, § 5; 55 v. 92, §§ 2, 5; 73 v. 79, $1.7 How records, Deficiency in gen eral revenue shall be supplied by treasurers. drafts on county SEC. 158. He shall keep all the records, books, accounts, documents, and other papers and vouchers pertaining to his office, in com- documents, etc., plete order, well marked, labeled, numbered, and carefully filed in his shall be kept. office; and the same shall be at all times subject to the inspection of the Same subject to governor, or any committee of the general assembly, or of either branch inspection. thereof, appointed to examine the same. [29 v. 500, $$ 8, 9, 10, 12.] SEC. 159. When he ascertains that the moneys in the state treasury, belonging to the general revenue fund, will probably be insufficient to pay the appropriations made payable out of that fund, he shall draw for the amount of the probable deficiency, in favor of the state treasurer, on such county treasurers and in such amounts as he deems proper, and deliver the drafts to the treasurer of state, and take his receipt therefor, and charge the treasurer therewith; and the treasurer of state shall immediately proceed to collect such drafts, and the county treasurers shall pay the same if they have in their hands sufficient sums collected for general revenue purposes to pay them; and such drafts, if paid, shall be evidence of the payment of the sums therein specified into the state treasury, and shall, on delivery thereof to the auditor of state, be credited to the county treasurers, respectively, in their semi-annual settle ments. [56 v. 101, § 14.] SEC. 160. If, when the principal or interest of the funded debt of the state is about to become due, the money in the state treasury to the credit of the sinking fund be insufficient for the payment of the same, the commissioners of the sinking fund shall file with the auditor of state a written notice of the amount of such deficiency, and thereupon the same proceedings shall be had in all respects by the auditor of state and treasurer of state as are prescribed in the next preceding section, except that such drafts shall be drawn upon and charged on sinking fund Deficiency in sinking fund supcounties. plied by drafts on |