The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-06-10

cases; but if by the decision The said
election remains cool, he shall iransmItl
The same 10 the clerk Of the court OIL
common pleas, who shall immediately
thereafter proceed as if no contes, had
taken place. tla
da Sec. 8. That no election Of Justice
OF the Peace shall be set aside BY the
freehoIders merely because Illegal votes
have been given at such election. if n
appear that the person Or persons whose
election, shall be contested hAsihe gfeai-
es, number Of the legal soiss given At,
such election after dednciing all illegal
votes given when there shall be no evl-
dence for whom such illegal votes we're
given, as we'll as all Illegal votes which
shall appear TO have been given for the
person or peIsons whose election shall
be contested.
Sec. 9. That in case any of the Iree- \
holders, summoned fail to attend a, the
lime and place Of trial, the Judge shall
appoint other fteeholders 10 supply The
deficiency, and the Witnesses shall be
sworn or affirmed; provided, j! The said
Judge fail 10 attend said trial, any dlsin-
ieres,ed Justice of The Pence Of The
county may perform all the duties rel
quired Of said Judge BY the provisions Of
| This act.
See. 10. That if the confession fail in
setting aside the election he shall pay The
cost, and The said Juoge OF Justice, (as
The case may be, shallrender Judgment,
from Which there shall be no appeal, and
issue execution for the same, 10 the
sheriff. OF any constable Of the county,
hut If the election is set ASIDE, the town.
shin in which such election was held shall
,ay the costs. The said Judge or Jusi>
/ ice (as the case may beg shall make ou
and certify bill Of such costs, and for
ward The same 10 ihe trustees Of such
township, who shall upnn the receipt OF
said bill Of costs, issue their orders on The
townslipircasnrer Cor the payment OF The
same. The said Judge or Justice (as
the case may be) shall receive one dollar
per day, aud such freeholders, one dollar
4 pei day; and the Witnesses and sheriff OF
constable their lawful fees as in other
cases. M
4 Sec. IL. That whenever any pcrson
| is elected to the office Of Justice Of the
Peace and receives a commission from
The Governor, he shall forihwithiake The
1lnecessary oath .r affirmation, apperiain-
ing 10 snch Office before the clerk Of The
court Of common pleas Of his proper
county (who is hereby authorized to ad
minister the sane) or before any Justice
Of The Peace OF the proper county, who
shall within ten days certify The same to
4 The clerk aforesaid, who shall in ether
case make record OF il in book provided
lfor that purpose. and every Jnsiice Of the
4 Peace SO qualified, befure he shall be
!. deemed legally aurhoiized TO discharge
sny Of the duties Of his office, shall with
4 in Ten days after the taking Of said oath
n OF affirmation. enter into bond 10 be ap.
4 pfoved by the trustees Of the township,
payabIe 10 tbe State OF OHIO, with at
i leas. two sufficient securities with pen.
4 aliy of moi less than one thousand dol
lars. no. more than tive thousand dollars,
A al The discretion Of the trustees to be
deposited with the township treasurer.
un.ess the township treasurer should be
lie Justice elect, then with the township
clerk, conditioned that the said Justice
shall well and ,rnly pay over, according
10 law, all moneys which nay come inin
his hands, by virtue Of his said commiss-
| ION, and also conditioned, that be will
well and Hnly do and perform every
ministerial act that is enjoned upon him
BY law, on which bond suit may be
brought, aud the penalty thereof re-
covered BY any person injured by the
negec. or refusal Of any such Justice, in
he same manner as on lands given by
sherffs; and ON refusal or neglect 10 enter
4 into such bond, The trustees shall give
nolice Of new election TO fill the Office
uf snch JusIice.q a
4 Sec. IL. Whenever in The opinion of
the trustees ofany township the security
i required 10 be given by any Justice OF
| The Peace, under this act, shall he or
shall become insufficient for any cause,
such trustees shall givc notice to such
justice in writing that he is required
within ten days TO give additional secu-
, riy TO the satisfaction of such trustees;
J and on neglect OF refusal of any justice
, 10 enter into any bond with security, as
!, Required of them by this act, the office
, shall be deemed vacant, and the trustees
/, shall give notice Of new election to iil
such Office. bss s8. u
j Sec. l3. That every justice Of the
/, peace hereafter commissioned shall in
I thirty days thereafter 'raEsnit the da'9
. thereofln ihc clerk Of the township, wh'
shal make an entry thereof in a book BY
/ him 10 be provided for that purpose, anc
al least sixiy days previons TO expiration
Of such commission, the clerk shall give
written nniice 70 the trustees whet
} such Justices commission will expire, am
!, the trustees on receiving such malice
! shall notify the electors Of such township
i 10 meet and elect Justice of the peace