The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-07-20


ofthe Peace, and OF the Duties OF CoDs tables in
Civil Cases.
ARTICLE XIII.
OF THE JURISDICTION OF JUSTICES OF
THE PEACE.
Be il enacted by the General assembly
of the State of Ohio: 70. !.
or CoNsTABLEs AND THEIR DUTIES.
s 1872 Conslables shall be elected for
the term Of one year, and shall continue in
office until their successors are elected and
qualified.
s 1873. Every constable, before he enters
upon the duties Of his office, shall take an
oath, or affirmation, befGre person author.
zed to administer tue same, 10 support the
constitution Of the Stale of Ohio, aud faith.
fully to discharge his duties as constable
during his continuance in Office, according
to the best of his skill and ability
1874 Every constable, within len days
after his election, and before lie shall take
the oath Of office, shall give an underta.
king TO the State OF Ohio. in "a sum moi ex-
ceedng two thousand dollars nor %ess than
| five hundred dollars, with one or more
sureties, resident in the proper township,
such as the trustees thereof shall approve,
conditioned for the safe keeping, and pay
ing over 10 the proper person, or authority,
all moneys which may be collected or re
ceived by him, or which may otherwise
come into his hands by virtue Of his Office.
and for the due. honest and faitbt'll dis.
charge, and performance of all and slngu-
lar, his duties MS such constable according
TO law, during his copin1ance in office.
s 1856. When such undertaking shall
have been given 10 The satisfaction Of the
township trustees, the township clerk shall
make an entry ol the same, aud file the
same in his Office.
l66. Whenever a vacancy shall oc-
cur in the Office of constable III any town.
ship By death, removal, resignaiinn, or nom
acceptance of The perspn elEcied, or where
there shall be failure 10 elect, the lown
ship trustees shall appoint suitable per
son 10 fiIl such vacancy until the next an
unal election for constable, and until a sue
cessor be elected and qualified.
1877. The constable so appointed, shall
lake "a like oath and give like undertaking
as is required in other cases OF cunslsblrs.
s 1888. justice Of the peace may aP'
point constable or ronstables i,'r spe.
cial purpose, either in civil or criminal ia
ses, whenever such appointment may be-
come necessary, in the following cases:
| a. Il, A.,
township:
{, 3. In the case of disability Of one Nth,
regulat constables in the township:
: 3 Where the constable therein is par
ty to the suit: .
4, When from the pressure Of btIicia
: business, the conslables therein are no
) enabled to perform the duties required b.
: the office.
The justice making the appointment
shall make memorandum thereof on hi
,, docket, and shall require the person ap
pointed to take an oath, as rec uired in o,lie
cases.
5 lS0. The person so appointed by IN
J. justice after taking such oath, shall hav,
! the same authority, be subject To The Sam
i penalties and entitled 10 the same ftvs
= other cOnstah!es.
: s 100. Such justice shall stand rs surety
y and shall be in that character liable, h.
{ and his surelies, for any neglect Of duty o
l. any Illegal proceedings on the pa!l of fuel
+ constable so by him appointed.
5 1871. all cinslables shall be minstc
! rial officers in Justices courts, in their re
speclise townships, in civil cases, aud !
their respective counties in criminal cases
/ aud civil process may be executed by lhcf
! throughout the county, under The rcsnjc
! lions and provisions of the law!
s 1872. II shall be the duty ofevtFy COZ
stable 10 serve and execute all warrant,
Is wrils, prrcepls, executions, and other Pre-
Il cess To him directed aud delivered, aud
d all respects whatever 10 do and periorApa
a things pertaining TO the nfIice orchustahlt
J 5 1873, In dischatging their duucs. col
u u stables may call to their aid the power
IL the county, or such assistance as may b
'e necessary.
D. 1874, |, shall be- the duty Of every col
u stable To make due return ol all process
II him directed aud delivered, at the nrop,
'g o.lic, an on The p oper return day terep
&c or 1.-THE Judgment be dockeIed in ihc cuu
II mon pleas, appealed OF stayed, upon Whic
he has an execution, on noli, ~ return I'll
a. execution, stating thereon such fact.
Sl95. Ii shall be the duty Of every co,
y stable, on the receipt OF any wri, or 9th,
J" process, (subpeuas excepled,) To moi
'c thereon the time of receiving the same; i
's shall also state in his return IN the sam,
10 the time and manner Of execming il.
IS 1876. No constable shall make II
turn on any process Of mot found" as
any defendant, unless he shall have bee
r once at least to the usual place Of res
'' dence of the defendant, il such deftndal
'e have any in The county.
n 1917. Ii shall he the duty ofevery COZ
IL stable 10 apprehend on view or warran
TO and bring Ia uslicr, all felons and dis ur
$ ers and yiolalors OF the criminal laws
u this State, To suppress all riots, alIrays al
is unlawful assemblies, which may come
IN his knowledge, and generally to Keep III
&c peace in his proper county.
u 1913. Ia serving oil process I, i her ci,
Ne or criminal, aud il doing his duics ge
l. 'erslly, when not otherwise restricted
y law, the authority OF constable snail e
y ,end throughout The whole county in viii,
10 he may be appointed; and in exeruiil
aud serving procrss issued by justice
ID the peace, he shall have and exercise n