The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-08-20
{ 1lal(,alais Ordinances.
AN ACT defining further duties Of the Mayor
and other officers Of the Borough Of Calais

and other officers Of the Borough Of Calais
). SEC. Il. Be It ordained by the Mayor. Record.
or and Trustees. Of the Borough Of Calais. That
the Msyor shall keep docket, in which he shall
make a fair and accurate entry OF slI actions and
suits inst,tu ed before him under the by.laws and
ordinances OF the Borough Of Calais, together
with all other actions and suits insiitu!ed before
him, under the laws OF the State OF Ohid. aud 70
all cases al violation of said bylaws and ordl.
nanc es, wherein the penalty aud fines = colec'ed
would by la Y be Iequiredto be pali unto me
Treasurer of the corporation, the said Mayor sns.'
In all cases make the Borough Of Calais plaintlfi,
aud appeals may be taken from the det sion OF the
Mayor 10 the same manner that appeals are by the
laws OF the State of Ohio. allowed from the DE-
cision of Justices Of the Peace aud undei similar
restrictions ,z., ~
SEC. 2 That when any action or suit may be
b. ought under the bylaws and ordinances OF we
Borough of Calais, a summons shall De the nist
process except in the following cases: caplas
may be SLOWED aud issued when the de'ehdahi /"
moi a resident householder of said Borough.
SEC. 8 II shall be the duty Of the mayor
when issuing summons or capias TO endorse
thereon the precise sum demanded; together "hn
costs that have then accrued aa jrt.rr., . !,
SEC A. If such process be summons u shal'
specify certain iu,e not exceeding IL days from
the date thereof, and also certln place at wh'ch
the defendant is to appear and answer 10 the same.
and il shall be served at least three days before the
time of appearance therein speclhed. ~ % -
SEC. s. Such summons shall be personally
served by, reading the same, or ny delivering "
copy of the same 10 the defendant when demands
ed. but il such defendant shall be absent, then
such service shall be made by copy lett at ms OF
her dwelling house OF place OF abode. aa
SEC. 6 The Marshal shall endor'e on spch
.l,o ,;.na aud manner of service and
subsc rbe his name the eto. @ Esl
SIC T. That in all cases where service oi
summons shall be by copy left at the dwelling
house or place of abode VI the defendant during
hs or her absence, it shall be lawful for the May
or 10 continue the cause from time TO time nh''
the defendant shall have returned and received
notice of the tendency Of such action. hut suci
continuance shall rest in the sound discretion .
the Mayor taking into consideration all tue CIR
cumstances of the case. .s...., =, .,.5hgl
SEC 8. Writs of capias issued under me pro
visions of this act shall be made retuinao,e 'o'"'
with after the service thereof, and the Marsh !
az, wing the same shall according to the commdnt
thereof. convey the defendant before the Mayor
If said defendant can be found within the B"roug'
OF Calais, who shall thereupon proceed 10 trial
the cause ~ ~ ,l-
SIC. 9 That said Marshal shall have powe
and he is hereby auth lied TO call such AID as ma
be necessary to take such defendant INTO custody
and auv ve,sop or pels0ns refusing or neglectlI
IN give such necessary aid when there'o required
| he shall upon conviction thereof before Inc May
or be fined in any sum not exceeding hve dn,'ar
nor less than seventy cents fol the use oi III
CorporatioD.
mani NAV be rendered under the provisions {
| This act excep, as herein after excepted, may hav
e,,v oG execution thereon for the several period
heIein after mentioned bv entering mt" Tecosn
zsnce 10 the adverse party with such good an
sufficient surety resident Of the Borough OF Gala
az The Mayor shall approve, conditloneu ior VI
navmen, Of the amount of such judgement inte
est and costs tina, may accrue which recognzanc
| shL, he entered into within ten days after the dat
of any such Judgment and entered on the dock
of the Mayor and signed by the surety
SEC IL. The stay OF execution hereoy az
thorized shall be granted us follows rameiy' IL.
on any Judgement Of five dollars and under Il
s,av shall be for sixty days, second OF any Jud
ment exceeding five dollars aud under twen
dollars. the STAY shall be for ninety days. Third q
anv Judgment for tw enty dollars. and under hft
dollars. The stay shall he for one hundred and iitl
days Fourth on any Judgement tor hfty dnlla
and upw ards, the stay shall be Tor two hundre
and forty days.
Ssc IL But no stay of execution Un the 10
lowing cases shall be allowed. FIRST on an
Judgement rendered against any officer OF III
borough Of Calais tor refusing 70 pay over none
bv them collected or received IN their ofhcial G.
paci,y or Tor neglectng anydnly required OF the
by the by laws and ordinances ot said Borough
Calais. Second on any Judgement rendert
40 aims, hal, roI stay of execudof: Third on Juds
, m.ut against witnesses for refusing TO attend
testify.
SC l3. Ifany person against whom Judg
ment was rendered shall refuse or neglect 10 eilt
INTO such recognsance as aforesaid and shall ial'
satisfy such Judgment and interest thereon toget
er win the costs Of suit. 1t shall be the duty
,be mayo or unless otl, 'rwise directed by the par
in whose favor the judgment was rendered or J
agent 10 forthwith issue execution thereon :
turnabe to such mayor or his successor III tii
within Thirty days from the date OF such exec
linn thereby commanding the marshal to levy Il
d,b, III damage aud costs Of the goods and cha
tles OF the party against whom such judgment "
rendered. II the mayor without authority fro
the plaintiff delay to is-,ie the execution by mea
NJ which the plaintiff loses his debt or ddmag
the mayor will be liable for such loss ~
SEC. IA The mayor is hereby authorized al
pmpow cred 10 issue any mesne or h,Ial process
the body. that Justices of the Peace are allow
= and ,eouited TO issue and TO be governed by 4
law in force at the time Of issuing such wri
that Justices of the Peace are governed ny. Al
the ma shal shall be governed in the service a
retutn of such writs by the law in force at I
It fine goyerning constables in similar cases; and
plaintiff, his agent attorney, shall be entitled
any such mesne or final process for the body ~
!. less they comply with The provisions Of the aio
: said law II. ~ .,.i.,,q., a,a .lsas,
SEC. Is And when bail has been, given
the s,sy Of execution as aforesaid, and the peri
. Of s,ay has expired, execution shall IN the first
n stance be awarded against the goods and chat
is of the party against whom Judgment was rend
d ed. and il goods and chatues Of the party cam
be found sufficient to satisfy the execution a
ina, fact be returned by the marshal. The may
unless otherwise directed, by the plaintiff,
T. agent or attorney, shall then proceed BY writ
/. scire faciss against the bail u,,s -t,. ~ 4
. SEC. is. And all writs Of scirs facias isst
under The provisions OF this bylaw, shall spec
1. certain time mol exceeding twelve DAYS from
J. date thereof; aud certain place at which the
ID fendept shall appear and answer to the same, q
such writ shal, be served and retdred III The sa
~ manner that summons is required to be sen
/. aud returned. '' .f..
d. Src. H. And on return of the scire fac
aysu., the bail for stay Of execution served
d the marshal; the mayor shall, unless Tor g
n IL. ~. c-.!s. AT Irsx,