Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-05-07
fNo. 81
M ACr.

Sec. I. BE ,t endcted BY the General As
sepsbly of the State Of Ohio, That whenever any
new township shall be see Oft, the Court OF
Common Pleas Of the proper county shall de-
ternline on suitable number OF Justices OF
the Peace for such township, and the day Of
election. and the CLERK of the Court shall
transmit u copy OF the proceedings thereof to
the trustees Of the same, who shall immediate
lv give notice to the electors IN the manner
poipted out in the second section Of this act,
10 elect said Justice SO determined on; and
should there be no trustees Of said township,
said clerk shall give notice of such election by
causing advertisements to be set up in three
public places in said township not less than
ten nor more than fifteen days previous to the
election designating the time and place Of
holding such election.
Sec. q That whenever vacancy is about
to happen, or shall actually happen, in the oil
fee OF Justice of the Peace, in any township
in this State, either by death, removal, absence
AZ any time for the space of six months, reslg-
nation or otherwise, the trustees having notice
thereof shall give notice TO the electors OF such
township to 6il such vacancy, by setting up
advertisements in three public places in such
township, specifying the number of Justices to
be elected. which notice shall be given not
less than fifteen nor more than twenty days
previous to holding such election, which shall
be held at such place as said trustees Tor clerk
as the case may be) shall direct
Sec. g. That whenever it shall be made to
appear to the satisfaction OF the Probate Judge
of the proper county, that there is not sutii-
cient number of Justices of the Peace IN any
township thereof and, Also that public notice
had been given in such township, that appilca-
tjon would be made for an additional number
of Justices of the Peace, the said court is here
by authorized to add one or more Justices to
such township Gas may seem just and proper)
and the trustees shall give notice to the elec-
tors of such township to elect such Justice or
Justices as added, sgreeabiy to the provisions
of said second section of this act; and when
ever it shall be made to appear to the court
aforesaid, that it is expedient to decrease the
number Of Justices in any township, SAID court
shall be authorized to restrict the NUMBER as
it may Judge proper; provided that no 9us,
tiee shall be deprived of his commission until
the expiration of the term for which he shall
have been elected, and provided also, that II
part of any township shall be attached to any
other township, the Justices of the Peace re-
siding in the limits of that part of the township
30 attached as aforesaid shall executed the du-
ties of their respective offices in the township
10 which the same shall be attached, In the
same manner as if they had been elected tor
euch township.
Sec. 4. That if any candidate or elector OF
the township in which tbe election was held,
shall think proper to contest the election OF
the person OF persons proclaimed elected, such
candidate or elector shall make /! known to
the Probate Judge Of such county, within ten
deys after the day of such election, and the
points on which the contestor means to con-
test such election, and it shall be the duty of
such Judge to communicate the same to the
person or persons whose election is contested,
specifying the name Of the contestor with the
points on which he relies, citing him or them
to appear on a day not more than fifteen days
from the day of such election, at his office In
such county, allowing such person or persons
five days' notice Of such contest, ard said
Judge shall also direct the Clerk of the Court
Of Common Pleas, to withhold the return OF
such contested election until the same is de-
cided.
Sec. 5. That said Judge on the same day
that he issues notice to the person or per-
sons whose election is contested shall appoint
three respectable freeholders of his county not
resident in the township in which such elec.
ton was held, to try such contest, and shall
issue summons to said freeholders directing
them to appear and try said contest on day
specified in said summons, which summons
shall be directed to the sheriff. or any cohSta-
BILE of said county, and shall be served by the
officer to whom directed at least three days
before the time appointed for the trial OF such
contest, and shall be by said sheriff or consta-
Bile las the case may be) returned at the time
and place of trying the same.
Sec. 8. That the said Judge IS hereby au-
thorized on the request Of the contestor, or
the person or persons whose election is con
tested, to grant subpoena for witness directed
to the sheriff or any constable of his county,
who shall serve and return the same to said
Judge at the time and place therein named
Sec. 7. That said freeholders shall be sworn
or affirmed to try such contest agreeably to
evidence. and no evidence shall be admitted,
but such as relates to the points stated IN the
DOLlce, ana W0eD tue tflhl Is SluSCh, wv HSS
holders shall sign and seal their decision. which
shall be attested by the said Judge; and il by
such decision there be vacancy In the othce
of Justice Of the Peace, the said Judge shall
within three days thereafter, transmit copy
of such decision to the trustees OF said town
chip or the clerk of such township if there be
no trustees, who shall forthwith give notice to
the electors to Gil sach vacancy as in other ca
ses; bat il by the decision the said election
remains good, he shall transmit the same to
the clerk Of the court Of common pleas who
shall Immediately thereafter proceed as If no
contest had taken place.
Sec. 8. That no election of Justice OF the
Peace shall be set aside by the freeholders
merely because illegal votes have been given
at such election, if it appear that the person or
persons whose election shall be contested has
The greatest number Of the legal votes given
at such election after deducting all Illegal
votes given when there shall be no evidence
for whom such illegal votes were given, as
well as all illegal votes which shall appear to