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AN ACT to provide for the election and resignation of Justices of
Sec. 1. Be it enacted by the General Assembly of the State of Court of C. pleds Ohio, That whenever any new township shall be set off, the to determine on
the number of judges of the court of common pleas of the proper county, Just
Justices for ner shall determine on a suitable number of justices of the peace township, and
appoint the day for such township, and the day of election; and the clerk of ap
of election the court shall transmit a copy of the proceedings thereof to the trustees of the same, who shall immediately give notice to the electors, in the manner pointed out in the second section of this act, to elect said justice so determined on: and should there be no trustees of said township, said clerk shall give notice of such election by causing advertisements to be set up in three public places in said township, not less than ten, nor more than fifteen days, previous to the election, designating the time and place of holding such election.
Sec. 2. That whenever a vacancy is about to happen, or Township trus shall actually happen, in the office of justice of the peace, in tees to appoint.
election to fill any township in this State, either by death, removal, absence at vas
vacancies, and any one time for the space of six months, resignation or other-give notice wise, the trustees having notice thereof, shall give notice to the there electors of such township to fill such vacancy, by setting up Advertisements in three public places in such township, specifying the number of justices to be elected: which notice shall be given, not less than fifteen, nor more than twenty days, previous to holding such election; which shall be held at such place as said trustees shall direct.
Sec. 3. That whenever it shall be made appear to the comple satisfaction of the court of common pleas of the proper county, add one or more that there is not a sufficient number of justices of the peace ju in any township thereof, and also that public notice had been necessary given in such township, that application would be made for an additional number of justices of the peace, the said court is hereby authorized to add one or more justices to such township, (as may seem just;) and the trustees shall give notice to the electors of such township to elect such justice or justices so added, agreeably to the provisions of said second section of this act: and whenever it shall be made to appear to the court afore- Court may also
decrease the said, that it is expedient to decrease the number of justices in e any township, said court shall be authorized to restrict the num-ces, but no jusber as it may judge proper: Provided, That no justice shall be i
ed of his com deprived of his commission until the expiration of the term for mission which he shall have been elected: And provided also, That if a part of any township shall be attached to another township, the justices of the peace residing in the limits of that part of of one township the township so attached as aforesaid, shall execute the duties to ano of their respective offices in the township to which the same shall be attached, in the same manner as if they had been elected for such township.
1. pleas may
justires to a township when
erit shat to do he authodon Thanation
tice to be depriv.
Proviso in case of attaching part
and issue a sum
Seç. 4. That if any candidate or elector of the township in Election of which the election was held, shall think proper to contes the
election or the person or persons proclaimed elected, such cancontested
didate or elector shall make it known to one of the judges of the court of common pleas of such county, within six days after the day of such election, and the points on which the contestor means to contest such election: and it sliall be the duty of such judge to communicate the same to the person or persons whose election is contested, specifying the name of the contestor, with the points on which he relies, citing him or them to appear on a day not more than ufteen days from the day of such election, at some convenient place in said township, allowing such person or persons five days' notice of such contest; and said judge shall also direct the clerk of the court of common pleas to withhold the return of such contested election until the same is decided.
Sec. 5. That the judge, on the same day that he issues a
notice to the person or persons whose election is contested, * Audge to appoint
iders shall appoint three respectable freeholders of his county, not to try the contest resident in the township in which such election was held, to try
m.such contest; and shall issue a summons to said freeholders, to be served by directing them to appear and try said contest, on a day, and at
a place, in said township, to be specified in said summons; which summons shall be directed to any constable of such county, and shall be served by him at least three days before the time appointed for the trial of such contest, and shall be by said constable returned at the time and place of trying the same.
Sec. 6. That the said judge is hereby authorized, on the
request of the contestor, or the person or persous whose elecJudge may also issue subpoenas tion is contested, lo grani subpenas for witnesses, directed to for witnesses any constable of his county, who shall duly serve and return
the same to said judge, at the time and place thereio named.
Sec. 7. That when the judge and said freeholders have met, Judge to qualify the judge shall duly qualify the freeholders, to try such contest
agreeably to evidence; and no evidence shall be admitted by
the freeholders, but such as relates to the points stated in the Decision to be notice: and when the trial is closed, the freeholders shall sign signed and and seal their decision, which shall be attested by the judge;
and if by such decision, there be a vacancy in the office of Ir a vacancy he : made by the de justice of the peace, the judge shall, within three days therecision, judge to after, transmit a copy of such decision to the trustees of the
tus said township, who shall forthwith-give notice to the electors, teca; otherwise to fill such vacancy, as in other cases: but if by the decision
the said election remains good, he shall.transmit the same to Or C. pleas
the clerk of the couri, who shall inmediately thereafter proceed, as if no contest had taken place.
Sec. 8. That no election of a justice of the peace shall be Election not sets
set aside by the freeholders, merely because illegal votes were aside for illegal given at such election, if it appear that the person or persons
What evidence admitted
send copy to township trus
to the clerk of
judge to appoint
and how culleet
whose election shall be contested, has the greatest number of votes if contesthe legal votes given at such election, after deducting all illegal tee have greatest
number of legal votes given at such election, when there shall be no evidence vote for whom such illegal votes were given, as well as all illegal votes which shall appear to have been given for the person or persons whose election shall be contested.
Sec. 9. That in case any of the freeholders summoned fail Freeholders fatto attend at the time and place of trial, the judge shall appoint tog to attend, other freeholders, to supply the deficiency; and the witnesses others shall be duly qualified by said judge: Provided, If the judge Proviso fail to attend said trial, any disinterested justice of the peace of the county, may perform all the duties required of said judge by the provisions of this act. .
Sec. io. That if the contestor fail in setting aside the elec- Costs of contest, tion, he shall pay the costs; and the judge or justice shall ren- by whom paid, der judgment, from which there shall be no appeal, and issue ed execution for the same, to any constable of such township; but if the election is set aside, the township in which such election was held, shall pay the costs, and the trustees thereof are required to issue their order on the township treasurer, for the payment of the same: The judge or justice shall receive one dollar, and each freeholder one dollar, per day; and the witnesses and constable their lawful fees, as in other cases.
Sec. 11. That whenever any person is elected to the office of justice of the peace, and receives a commission from the go-sw vernor, he shall forthwith take the necessary oath or affirmation appertaining to such office, before the clerk of the court of common pleas of his proper county. (who is hereby author- Certificate of ized to admi ister the same,) or before any justice of the peace qualification to of the proper county; who shall within ten days certify the same Clerk of c. plan to the clerk aforesaid, who shall in either case make record of it, in a book provided for 'hat purpose: and every justice of the peace so qualified, before he shall be deemed legally authorized to discharge any of the duties of his office, shall, within Justice to give ten day after the taking of said oath or affirmation, enter into bond and securit bond, to be approved by the trustees of the township, payable to the State of Ohio, with at least two sufficient securities, with a penalty of not less than five hundred dollars, por more than three thousand dollars, at the discretion of the trustees, to be ho
on of the trustees to b. Penalty of the deposited with the township treasurer, conditioned that the said Condition justice shall well and truly pay over, according to law, all mo.theroof neys which may come into his hands by virtue of his said commission; on which bond suit may be brought, and the penalty suit thereon ag thereof recovered by any person injured by the neglect or re- on sheriff's bond fusal of any such justice, in the same manner as on bonds given by sheriffs: and on 'refusal or neglect to enter into such bond, Bond not given, the trustees shall give notice of a new election, to fill the office new election of such justice.
Sec. 12. That every justice of the peace hereafter commis- Justice to transioned, shall, in thirty days thereafter, transmit the date thereof all the car
Justice to be sworn
be recorded by
Further daty of
clerk of the C.
his commission to the clerk of the township, who shall make an entry thereof to low nohip in a book, by him to be provided for that purpose: aud at least
sixty days previous to the expiration of such commission, the clerk shall give a written notice to the trustees, when such
justice's commission will expire; and the trustees, on receiving
of such notice, shall notify the electors of such township to an et clerk and trus and elect a justice of the peace to fill such vacancy, in the
manner pointed out in the second section of this act: aid said trustees may hold an election before the said vacancy actually happens.
Sec. 13. That all elections under the provisions of this act, Hections how
ow shall be conducted in the same manner as is required in the conducted
election of members of the General Assembly; and the judge
taking in the return of such election, shall be entitled to receive Compensation
ning ten cents per mile from the place of holding the election to the poll book seat of justice, to be paid out of the county treasury.
Sec. 14. That all resignations of justices of the peace shall Resignation to be made to the clerk of the court of common pleas of the probe made to the per county: and the justice so resigning shall, at the same time, of C. pleas. give notice to the clerk of the township of his resignation; and
the township clerk sball, within three days after such notice to Notice thereof to him, certify the same to the trustees of the township, who shall be given
proceed thereon as in other cases of vacancies.
Sec. 15. That if any officer or other person shall neglect Oficer, fe. neg or refuse to discharge or perform any of the duties enjoined or
fi required by the provisions of this act; such officer, person or be fined persons, so offending, shall be fined in a sum not less than five,
nor more than twenty dollars, to be recovered before any jus
tice of the peace of the proper township, in an action of deht, Hiner how col for the use of common schools in the township; which action lected and ap
may be commenced and prosecuted by the treasurer of the township, on the complaint of any citizen thereof.
Sec. 16. That the act providing for the election and resig.
nation of justices of the peace, passed January 20th, 1820; and Acts repealed
the act to amend the last mentioned act, passed January 30th, 1827; and all other laws contrary to the provisions of this act'; be, and the same are hereby repealed.
This act to take effect and be in force, from and after the first day of June next.
JAMES M. BELL,
SAMUEL R. MILLER,
Speaker of the Senate.
lecting duty un. der this art may
AN ACT defining the powers and duties of Justices of the Peace and
Constables, in civil cases.
Jurisdiction or justices in civil cases
dine before weh isi
county for certain purposes
townships wherein they may have been elected, and where they shall reside:
Second-They shall have cognizance, under the restrictions and limitations hereinafter provided, of any sum not exceeding one hundred dollars:
Third-But if, however, any debtor shall appear before a justice of the peace, without prucess, and confess that he is in- tn debted to another; it shall be lawful for such justice, on the apo judgment on plication of the creditor, to render judgment on such contession, confession ay-inst the debtor, for any sum not exceeding two bundred dollars:
Fourth-Justices of the peace shall have power, and they are hereby authorized, to administer any oath required or directed
oath required or directed to administri by law to be taken or administered:
Fifth-They may grant and issue subpoenas for witnesses to either party, in the cause or matter pending before such justices; and such party shall be authorized to serve and return the same:
serve and recomme sanit. party inay serve but he shall not be allowed fees for traveling or serving the subpoena same, when done by himself:
Sixth-And the powers of justices of the peace to administer Juriedietion co. oaths, and to take the acknwledgment of deeds, mortgages and extensive with other instruments of writing, and to grant subpoenas, shall be co co-extensive with the county in which they may have been elected.
Sec. 2. Constables shall be ministerial officers of the courts por held by justices of the peace in civil cases within their respective ties of constable townships:
First—They shall have power and authority to execute process of subpoena in civil cases throughoat their respective counties:
Second-And they shall moreover execute all such other legal process in civil cases as may be directed to them by any justice of the peace; and shall do and perform such other services as may be required by law.
Sec. 3. . Every justice of the peace shall keep a docket in which he shall make a fair and accurate entry of all actions and
cond Justice to keep a
docket and fur. suits, instituted before him, with his proceedings thereon; and if nish transcripts either of the parties require a copy of such proceedings, the justice shall furnish the same.
Sec. 4. In all cases when the office of a justice of the peace, in any township, shall become vacant in any manner, except by When othoe be: death, the docket of every such justice of the peace, or a trap
docket or tran. script of all unfinished business in the same, shall be duly certi- seripe to bo deliv. fied by such justice, (or in case of death,) by his executors or ered to successof administrators, and delivered to the successor of such justice of the peace, or some other justice in said township, on demand, together with all laws, the property of the State, that such justice of the peace may have in his possession at the time of the vacancy.
Sec. 5. That all transcripts certified by any justice of the
owers and du
in divu sages