The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1854-12-06

and regulations by which other munich
pal officers are elected. He shall, be
fore catering upon the duties of hi
office, take an oath to support the con
stitution of the United States, and oftht
State of Ohio, and faithfully diligently
and impartialIy to discharge the duties
Of his Office, aud he shall execute bond
with sufficient surety to the city, and &c
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 feI
the faithful performance of the duties Of
his Office. He shall receive for his ser.
vices in city cases, a fixed salary OF
compensation, to be prescribed by al
ordinance of the city council, and for
state cases prosecuted in said court,
such further allowance not to exceed
eight hundred dollars as the county
commissioners of such county shall deem
right and proper. He shall have power
to administer oaths, and appoint two or
more deputies, to be approved by the
city council, who shall receive such reas
enable compensation, not exceeding
eight hundred dollars per annum, as the
city council shall prescribe. In case of
the temporary Inability of the clerk to
perform the duties, where no depAty
shall have been appointed, the police
judge may appoint some competent per-
son who shall give bond to the satisfac-
ton of the judge, and take the oath pre-
scribed in this section, and shall perform
all the duties, and have all the powers
imposed upon the said clerk, and be paid
out of the city treasury, on the order
of the city council, at the same rate
as the clerk is paid for similar ser
vices Provided, That such appointment
shall be valid only, until the disability
Of such clerk may be removed. The
clerk Of said court shall not be concern
ed 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
elected and qualified, and there shall
hereafter be elected by the qualified vo-
tiers of any city in which a police court
has been established, on the first Mon
day in April, one thousand eight hun
bred and ffty-fve, and on the first Mon
day in April every two years thereafter
a prosecuting attorney of such police
court, who shall hold his Office for two
years, and until his successor is elected
and qualified. And in like manner
there shall be elected by the qualified
voters of every city, in which a police
court may hereafter be established, un-
der the provisions of the acts to which
this is amendatory, a prosecuting attor-
ney for such police court, who shall hold
his office for two years, and until his
successor is elected and qualified. The
prosecuting attorney of every such po-
lice court, that is or may hereafter be
established, before entering upon the
duties of his Office, shall take a 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 of his Office. 1t
shall be his duty to prosecute all city
and state cases, brought before said
court, and he shall generally perform
like duties as far as the same are appli-
cable to such police court, as are requi-
red by prosecuting attorneys of this
State and he shall re ceive for his SER
vices in city cases, such salary, to be
paid out of the city treasury, as the city
council shall preseribei aud the eouaty
commissioners of any county in which
such police court is, or may be establish
ed, shall allow aim such further eompen-
sation not to exceed eight hundred dol
lars, for his services in state cases, as
may be deemed right and proper, which
shall be paid out of the county treasury.
SEC. 6. 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
like cases, and in city cases, such fees,
not exceeding fees for services of a like
nature in state prosecutions, as the coun-
Gil shall by ordinance prescribe. The
clerk of the police court shall, on the
first day of every month, or within three
DAVIS thereafter, account under oath for
ali fines, penalties, fees, and costs i'm
posed by said court in city cases, with
the county auditor, and shall pay into
the city aud county treasures respec-
lively, the amount then received by him
and if there be any surplus of such fees
collected for the city after the payment
of the expenses 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
CAGES arising from a violation OF the or
dinances, 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 hi as In like
cases in the court of common pleas.
SEC. g. The clerk shall file and
preserve all informations, process, mo-
tions and papers of every description,
used or offered to be used in said court
and shall keep a journal Of all the
doings of the court, which shall
be read each day, and if necessary
corrected by the order of, and signed by
the Judge, and in all cases where final
judgement is given said journal entry of
each case with the papers filed, shall be
deemed the record of that case. In ca
ses where the police court are required
to recognize the defendant to appear be-
fore any other court, on examination
suall be recorded as is required of JUS
tices of the peace in like cases.
SEC. 9. That sectiod twer ty-four, of
the act entitled IAN act to provide for
the organization of cities and incorpo
rated villages" passed May 8, 1852, be
SO amended as to read as follows: They
Laua ooarar to reStrain and reou-