Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-06-23

be elected on the FIRST Monday in April in
every three years, under the same rules
and regulations by which other municipal
officers are elected He shall before enter
ing upon the duties Of his office, take an
oath to support the constitution of the
United States, and OF the State Of Ohio and
faithfully, diligently, and impartially TO dis
charge the duties of his Office, and he shall
execute bonds with sufficient surety to the
city, and to the county commissioners Of
the county in which such court is situated,
in such sum as the city council of such city.
and the county commissioners of such
county shall prescribe, conditioned for the
faithful discharge the duties of bis office
He shall receive for his services in city
cases, fixed salary or compensation to be
prescribed by an ordinance OF The city coun-
Gil. and for State cases prosecuted in said
court, such further allowance not to exceed
eight hundred dollars as the county com
missioners of such county shall deem right
and proper. He shall have power to ad-
minister oaths, and appoint two or more
deputies, to be approved by the city coun-
Gil, who shall receive such reasonable com
pensation, not exceeding eight hundred
dollars per annum, as the city council shall
prescribe. In case of temporary inability
Of the clerk to perform the duties where
no deputy shall have been appointed, the
police Judge may appoint some competent
person, who shall give bond to the salts
faction of the Judge, and take the oath
prescribed in this section, and shall perform
all the duties, and have, all the powers
imposed upon the said clerk, and be paid
out the city treasury, on the order of the
city council, at the same rate as the clerk is
paid for similar services; Provided That
such appointment shall be valid only, until
the disability of such clerk may be re-
moved. The clerk of said court shall not
be concerned as counsel or agent, in the
prosecution or defence of any case before
said court.
Sec. 5. The prosecuting attorney of
any police court, heretofore elected, shall
hold his Office for the term for which he
was elected, and until his successor is elect
ed, and qualified, and there shall hereafter
be elected by the qualified voters OF any
city ia which a police court has been estab-
lished, on the first Monday in April, one
thousand eight hundred and fifty five, and
on the first Monday in April every two
years thereafter, prosecuting attorney of
such police court who shall hold bis Office
for two years, and until his successor is
elected and qualified. And in like manner
there shall be elected by the qualified vo-
ters of every city in which a police court
may hereafter be established, under the
provisions of the acts to which this is
amendatory, prosecuting attorney for such
police court, who shall hod.his Office for
two years and until his successor is elected
and qualified.
The prosecuting attorney of every such
police court, that is or may hereafter be
established, before entering the duties of
his Office, shall take an oath to support the
Constitution Of the United States, and of the
State of Ohio, and that he will faithfully,
and impartially discharge the duties ofhis
Office. 1t shall be his duty 10 prosecute all
city and State cases, brought before said
court, and he shall generally perform like
duties as far as the same are applicable to
such police court, as are required by pros
ecuting attorneys ofthis State and he shall
receive for his services in city cases. such
salary, to be paid out of the city treasury,
as the city council shall prescribe; and the
county commissioners of any county in
which such police court is, or may here
after be established, shall allow him such
further compensation not TO exceed eight
hundred dollars, for his service in State
cases, as may be deemed right and proper,
which shall be paid out of the county
treasury.
Sec. @. The fees in said police court
shall be the same in all State cases, as are,
or may be allowed by law to justices of the
peace, or in the probate court in Ike cases.
and in city cases, such fees, not exceeding
fees for services of like nature in State
prosecu tions as the council shall by ordin-
ance prescribe. The clerk of the police
court shall, on the first day Of every month";
or within three days thereafter, account
under oath for all fines, penalties, fees and
costs imposed by said court, in city cases,
with the city auditor and in State cases
with the county auditor and shall pay into
the city and county treasures respective ely,
the amout then received by him, and if
there be any surplus of such fees collected
for the city, after the payment Of the ex
penses Of said police court, required to be
paid by such city, such surplus shall be
appropriated by the city council for the
benefit of common schools in such city.
Sec. Z. Witnesses in the police court
shall be allowed the same fees in cases
arising from violation of the ordinances,
as are allowed in like cases before Justices
Of the peace. and which shall be paid in the
same manner; and in State cases the same
fees. which shall be paid in the same man
ner as 10 like cases before the court of com
mon pleas.
Sec. s. The clerk shall file and pre-
serve all informations, process, motions and
papers Of every description, used or offered
10 be used in said court and shall keep a
journal Of all the dongs of the court. which
shall be read each day, and if necessary,
corrected by the order Of, and signed by
the judge, and in cases where inal judg-
ment is given, said journal entry Of each
case with The papers fled. shall be deemed
the record of that case. In cases where
the police court are required to recognize
the defendant to appear before any other