Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-07-15

around the margin, and shall have Ike
jurisdiction as a court, as is or may De
vested in the Judge holding the same;
and shall also have full jurisdiction ana
power 10 hear and determine all cases
of violations of the ordinances OF the
city, which shall be prosecuted IN tne
name, or in behalf OF the CITY; and oil
cases Of petit larceny, and other infeti-
or offences of every description, com
mitted within the limits of the city, or
within one mile thereof. and which the
constitution or some law of The state,
does not require TO be prosecuted bv in
dictment or presentment of a grand jury.
and prosecutions for such offences, shall
be brought and conducted in the name
of the state; and for the proper exer-
else of such jurisdiction, such police
court shall have, in respect TO the issu-
ing of process, the preserving order,
and Furnishing contempts, the admins
tering oaths, the summoning and en-
panneling of juries, or otherwise, all
the powers incident to a court of COM
mon pleas, in the hearing and deter
mining of like cases.
Sec. "a. The police judge holding
the police court, shall be entitled TO re-
ceive, in all criminal cases prosecuted
in behalf OF the state, the same fees, 10
be collected in like manner, as is or
may be provided by law, as TO justices
of the peace. or judges Of the probate
court, in like cases; and in cases prose.
cuted on behalf of the city, such fees,
not exceeding fees for services of the
like nature in state prosecutions. as the
council NAV by ordinance prescribe;
and shall also receive such further sal.
ary or compensation asze city council
in like manner may prs1fibe.
Sec. 95. The police court shall al.
ways be open for the dispatch of busi
ness, but may adjourn from day to day
or from time to time; and the mode in
which cases shall be brought before the
court. shall be regulated by the ordi'
nance of the city council. or a rule ot
the court; the jurors in said court. shall
have the qualifications of jurors in the
court of common peas; the police judge
shall adopt such rules of practice and
proceeding as will give 10 all parties q
proper statement of any charge against
them, full opportunity OF being heard
but shall at the same time dispatch the
business of the court with all conve'
nient speed.
Sec. Sc. Any final conviction or SEN
tence of the police court. may be exam.
ined into by the court of common pleas
on certiorari, which may be allowed by
such court or judge thereof, for sufTi
cieDt cause and proceedings may Re
stayed on such terms as may be deemed
reasonable; such police judge or courr
shall return on such certiorari. all mat
ters OF record or on file touching The
proceedings. or transcript thereof. and
any facts which may have been noted
by the judge, CT certified in the nature
of bill of exceptions at the time OF tri'
al, which il shall be the duty of the
judge on request of the party TO do; and
on such return, the court of common
pleas shall make such order as right
and justice may require, and may eithel
discharge the party, or set aside the con.
viction and order another trial, or dis,
miss the certiorari and order a prece-
deEdo; but no conviction or sentence oil
any such Judge shall be set aside or dis
regarded for the want of any technical
averment, that any matter or thing is
within their jurisdiction; and in like
manner, as is above provided. may O
conviction for a violation of an ordi
nance before the mayor of any corpor
ration. be examined and revised.
Sec 81. That until the FIRST Monday
in April, one thousand eight hundred
and fifiy-three. and until a police Judge
shall be elected and qualified, the mayor
Of any such city shall have all the pow.
ers and jurisdiction which are by this
act vested in the police j dge, and shall
hold the police court in like manner,
and with like jurisdiction and powers,
as is required of the police Judge, and
shall be entitled TO demand and receive
the same fees and compensation as is
in this act, or as may be provided by the
city council. Tor the police judge or po.
lice court.
Sec. So. All bylaws or ordinances,
and all resolutions or orders for the ap.
preparation or payment of money, shall
require for their passage or adoption the
concurrence Of majority of all the
trustees of any municipal corporation;
all bylaws and ordinances of general
or permanent nature, shall be fully and
distinctly read OIL three different days,
unless three fourths OF the coun I'll oI
the municipal corporation in which the
same may be pending, shall dispense
with the rule; no bylaw or ordinance
shall contain more than one subject,
which shall be clearly expressed in its
tile; and no bylaw or ordinance, or
section thereof, shall be revived or
amended, unless the new bylaw or or.
dinance contain the entire bylaw or or.
dinance, or section, revived or amend
ed; and the bylaw or ordinance, sec
ton or sections, so amended, shall be
repealed. No trustee or member of any
council, shall. during gthe term for which
he shall have been elected. or for one