Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-02
accordingto to law, during his continuance

= according,o to law, during his continuanc
/. in Office.
SEC: 1856. Whom such undertaken
shall have been given 10 the salislac
0 lion OF the township trustees. the clerl
I shall make an entry of tho same, ant
=. file the same in his Office.
F., Sec lsG. Whenever q vacancy shal
occur In The Office Of constable in on,
township by death removal, resignation
I or rnon.acceptance Of the person elected
or where there shuIl beo failure 10 elec
the township trustees shall appoint I
suitable person 10 iiIl such vacancy, uh
Ill the next annual election for constu
bic, and until successor shull bo uIec
ted and qualified.
Bee. 1877 The constable 30 appointed, shal
take Ike oath and give like undertaking a
~ required in other eases Of constalieS.
Sec. l5s A Justice Of the Peace may appon
a constable or cOrsablcs for special purpose
either IN civil or criminal cascs whenever sucI
appointment may become necessary in tho fol
towing cases.
l-Whcrc there is no constable in the town.
ship:
2-ln the case Of disability of one of the reg.
ular c0ns,ables in the township:
3-Wherc thc'conslabic lhcIcin is party N
the suit:
4--Whcn from the pressure Of official busi
ness. the cOnstables therein are not enabled 10
perform the duties required BY the Office.
The justice. making the appointment shall
make amemornndnm thereof on his docket, and
shall rcquirc the person appointed TO take al
oath rs required IN Other caseSt
Bee. ls9 The person 80 appointed by the Jus.
ticc, after taking such oath shall have the same
authority be subject 10 the same penalties and
entitled 10 the same fees as other conStabies,
Sec. 1870 Such Justice shall stand rs surety
and shall be in that character liable, hr and his
sure,ies, for any neglect Of duty or any II legal
proceeding on Ike part o! such constable 50 by
him appointed
Sec, l9l All constabcs shall be ministerial
officers in Justice's courts, in their respect i've
townships. in civil cases and in their Respective
counties, in criminal cases, aud civil process
may be executed by them throughout the coun.
~, under the restrictions and provisions Of the
law.
Sec. 1872 1t shall be the duty Of every con.
stable TO serve and execute all warrants, wrts
precep,s, executions, and other process to him
directed and delivered, and in all respect what.
ever TO do and pcrloim all things pertaining TO
the Office of constable.
Sec l03 In dsnharging their dnties, consa-
blcs may call TO their aid the power Of the
county, or such assistance as may be ncccSsa.
ry.
Sec. 1914 II shall be the duty of every consta.
Bile TO make due return of all process to him di.
recied and delivered; at the proper Office aud on
the proper return day thereof or if the Judgment
be docketed in the Common Pleas, appealed
or stayed, upon which he has an execution, on
oOtce to return the execution, stating tccrcon
such fact.
Sec, 1875 II shall be the duty of every con- |,
stable on the receipt Of any writ or other pro-
cess. (subpanas excepted,) to note thereon the |
time OF receiving the same; he shall also state
IN his rctu RI OH the same, the time and manner
of executing it.
Sec. 1876 No constable shall make return
on any process OF Not found as 10 any dclen- |
dant, uuless he shall have been once at least 10
the usual place Of residence; of the defendant if
such defendant have any in the county.
Sec I07 I,shaIl be the duty fevcry constable TO APP
prchcnd OIL view warrant. and bring justice oil
feons and dis,urbcrs and vola'rrs of,hc criminal laws
OF this State to suppress all riots, alIrnys and nluw
ful assemblies, which may to his knowlcdg and
generally keep the peace III his proper county.
Sec i9s In serving all process either civil OF crmi.
nal, nnd in doing lis duties generally when not other.
wise restricted by law, the authority ola constable
shall cXcad throughout the whole county il, which he
may be appoincdand in executing nnd serving process
issued by Justice ol the peace he shall have and cx
crcse the same authority and powers over goods and
cha'tes, and the persons of parties granted by law
to sheriff or under like process SIS issued IRON
courts OF record
Sec. 100 When 1t shall lccomc the duty OF the con-
stable to take the body OF any person the Jail OF the
county, he shall deliver tho ,hcrf or jni.r c.r,i
ed copy ofthc execution commitment or o,hcr process
whereby he held such person in custody, and return
the original TO the Justice who issued the sne which
copy shall be suhc len, authority the sheriff a!or
to keep the Prisoner in u, until discharged by due
course ofinw.
Sec 200 Cons:ablcs shall ray 10 the Party c,i
tied thereto, all money received by them in their official
ca7acty idemad he made by such party, his agent or
a,!ornca, Il, any time before he the wri, upon
which he has received it, II not paid over by that time,
he shall pay the TO the Justice when he re-
turns the writ.
Sec. 20l Cols,ahcs shall be liable to ten per cent
penalty upon the OF damages for which judg.
mon, may be entered against them for ling to make
return, making false return, uing pay over mo.
pncity, and such judgment mus, include il, addition
TO ihs damages and costs the penalty here in provided
ARTICLE XIV.
GENERAL PROVISIONS
Sec COZ The provisions OF the act entitled "An Ac,
to establish code Of civil procedure" passed March
IL, 1851, which i'll their applicable to the u-
rsdicion and proceedings ccoro Justices, und in
sppc. to which special provision is made by statute
applicable 10 the proceedings before Justices OF the
Peace.
See 203 Every Justice of the Peace must keep book
deno'ninacd docket which shall lc furnished by the
trustees OF the proper township which be catered
by him: