The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-04-22
AN ACT
No. 6.

presiler; of the Senate, PRO tcw2grc
March IL, 1888.
No. 6. AN ACT
To regulate the election contcs, Of election, and
tbs resignation of Justices OF the Peace.
Sec. |. Be it enacted by the General Assem-.
by Of the State Of Ohio, That whenever any
new wnshp shall be SCI off, the Court OF Com.
mon Pleas Of the proper county shall determine
or a suitable number Of Justices Of tho Peace for
such township, and the day of election, and the
Clerk Of the court shall transmit copy of the
proceedings thereof to the trustees Of the same,
who shs Il 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 town.
ship, said clerk shall give notice of such election
by causing advertisements to be set up in three |
pu5lic places in said township not less than ten
nor more than fifteen days previous to the cleo. |
tinn, designating the time and place oi holding |
such election.
See. 2. That whenever vacancy is about
90 happen, or shall actually happen, in the oi.
ice of Justice uf the Peace, in any township III
this Suite, either by death, removal, absence at
any one time fO: tho space Of six months rrSlg-
uoton or otherwise the trustees having notice
thereof, shall give notice to the electors oi such
township to fill such vacancy, by settiHg up I'D
vcrtisenen,s in three public places in such lo%n.
lected, which notice shall be given not lcsa than
fifteen nor more than twenty days previous to
holding sach election, which shall b0 held al
such place AZ said trustees (or clerk AZ the case
may be- shall direct.
Sec. 3. That whenever it shall be mrdr to
appear to the satisfaction Of the PROBATE Judge
o the proper county, that there IL not Il suiii
ccnt nLmhrr OF Justices Of the Peace in any
township thereof, and, also, that public notice
had been given in such township, that aUplicn-
tion would be made for an additional number of
Justices of tic Peace, the said court is hereby
authorized to add one or more Justices to such
township (us may seem ust and proper and the
trustees sh II give notice to TIE electors of Juch
township to elect such Justice or Justices so
added, agrecab.y to the provisions of said second
section Of this act; und wh'novor it shall be
made TO appear to the court aforesaid that it -
Cxpodcnt to decrease the number Of Justices III
any township said court shall bo authorized tu
restrict the number as il may judge proper; pro.
yided that no Justice shall be deprived Of h :
commission until the expiration Oi the term for
which he shall have been elected, and provided
also, that If a part of any tOwnsh p shall be- at.
'Iched 10 any other township, the Justices ol the
Peace residing in the limits of that part OF the
township so attached as aforesaid shall execute
the duties Of their respective Offices in The town
,hip to which the same shall be attached, in the
same manner as il they lad been elected for
such township.
See. L. That if any candidate or clcctor Of
the township in which tho election was held
shall think proper TO contest the election "f the
person or persons proclaimed elected, such can
didatG or cIector shall make it known To the
probate Judge such county, within ten days
after the day nf such election, and tho points on
which the contestor means to contest such cleo
ton, and il shall be the duty of such Judge t.
communicate the same to the person persons
whose election is onttsted, specifying the name
h.,,, inf. ,.h hp
lies, citing him or them to appear on day not
more than fifteen days from the day Of such O.
lection, ut his office in such county, allow ing
such person persons five days notice Of sucl
contest, nnd said Judge shall also direct the
clerk of the Court Of Common Pleas to wlthholt
the return Of such contested election until the
same is decided.
Sec. ). That said Judge on the same day
that he issues II notice to the person or pcrsonl
whose election is contested shall appoint tire,
respectable ro ochullt RI Of his county not re- ldCu
in the township in which such election NRs held
to try such contest, and shall issue Il summon
to said irceholders directing them to appear an'
try said contest on day specified in said sum
nIOns, which summons shall be directed 10 IN
sheriff, or any constable of such county, AN
shall be served by the officer to whom dlrocte
at least three days before tho timo appointc
for the trial of such contest, aud shall ha hS "u
sheriff or constable Gus tho case may bel rcturii
cd at the time and place Of trying tho same.
See. 6. That the said Judge is hereby auth
orizcd, on tho request of the contrstor, ar til
person or persons whose election ~ contested, L
grant aubporna for witnesses directed 10 III
sheriff or any constable Of his county, who shat
ttTvc and return the same 10 said Judge Ut til
time nnd place therein named.
See. 7. I hat sad Ireuhuldcrs shall be swuri
or affirmed 10 Try such contest agrccably t. rvi
dcncc, aud no evidence shall bu admitted, hu
such relates To the points strtcd ~ the nuiicr
aud " hen the trial Is closed the frceh"ldcrS sinai
sign and zeal their decision, which shall he ut
tested by the snld Judge; and If by such dccisio
there be u vacancy IN the uillcC ut Justice Oi th
Peace, the said Judge shall, within three day
thereafter, transmit copy Of such decision Il
the trustees oi said township, or the clerk "l sucl
tow nship IL there be no trustees, who shall forth
with give notice to the electors 10 TIL such va
cducy as IN other caseE; but iby tho decision
the said election remains good, h. shall trinsmi
the same IT, the clerk of the court Of CONNER
pleas who shall Immediately thereafter proceed
as il 40 contest had taken place.
See. \. That no election oi a Justice Of the
peace shall he set aside by tho ireeholdcrs mere
Iy because illegal votes have beer given at u i
election, IL II appear that the person or prrsons
whose election shall be contested has the great
ost number of tho legal votes given at such Il, c
tion after doductng all illegal votes given when
there shall be no evidence Tor whom such i'll, ga
votes we're kiven, as well as all Illegal votes
which shall appear to have been given for the
person or persons whose election shall be con
tested.
Sec. 8. That in ease any Of tho frrcholicra
summoned fail TO attend at the time and puc,
OF trial, tho Judge shall appoint other freehold
era TO supply the deficiency and the wiIncssr'
shall be sworn or ailirmedi provided, il the sale
Judge iail 10 attend said trial, any dlsntcrestc,
Justice Of the Peace OF the county may perform
all the duties required Of sail Judge by the pro
visions Of this act.
See. 10. That il the contestor fail in Roiiinl
aside the election he shall pay the cost. and lh,
said Judge or Justice (as tho case may be) sbal
under Judgment from which there shall be en-
appeal, aud issue execution for the same, to th
sheriff, or any constable Of the comfy, but
the election is set aside, the township IN whicl
such election was held shall pay the costs. Ih
said Judge or Justice las the case may be- shll
make out and certify bill Of such costs, an,
forward the snme to the trustees Of such town
ship. who shall upon the receipt Of said bill o
costs, issue their orders on the township Teasur
or for the payment Of the same The said Judg,
or Justice (as the case may be- shall receive on
dollar per day, aud such ireehOlders. one della
per da v; ind the witnesses aud sheriff or consta
ble their lawful fees as In other cases.
SEc. II. That whenever any person Is elected
,t,. off ce af Inslice of tho Peace aud rec c