The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-06-20

ROBERT G. KIRK,
President of the Senate.
March %, 1860.
mo. 99.] AN ACT
To re-enact sections sixty-eight and fifty
one of an act entitled ian Act to pro-
vide for the Organization of Cities
and Incorporated Villages" passed
May 8, 1852.
WHEREAS, The constitution of this
State provides that the general. assembly
may establish other courts than those
named in the constitution itself, whenever
two thirds of the members electea to each.
house shall concur therein. Ard whereas,
the supreme court has decided that the
sixty-eighth and fifty first sections of the
act to provide for the organization of cit
les and incorporated villages, which define
the civil and criminal jurisdiction of may
ors of cities of the second class, is within
the purView of the constitutional provl.
sion referred to; and whereas said act was
not passed by vote of two.thirds of the
members elected to each house of the
general assembly; therefore,
Sectionl. BE 1t enacted by the Gener-
al Assembly Of the State Of Ohio, That
said section sixty eight of said act as
amended by the third section of an act
supplementary to said act passed April
5, 1856, be and the same is hereby re-
enacted as follows: Section 6S. The
city council of cities of the second class
shall have power to provide by ordinance
for the summoning and empanneling of
juries by the mayor of such cities, and
such jury shall have the qualifications of
Jurors and witnesses in all prosecutions be.
fore the mayor for violations of the city
ordinances, shall receive the same fees that
are allowed by law in civil actions before
justices of the peace; the fees of the may
or and marshal in such cases shall be pro-
vided for by ordinance, all of which fees
in case of conviction, shall be taxed
against the parties convicted, and in case
Of acquittal shall be taxed against the
city and Except the fees Of the mayor
and marshaI paid out of the treasury upon
the certificate of the mayor. The mayor
of cities of the second class shall have,
within the limits of the same, al! the juris,
diction and powers of justice of the
peace, in all matters criminal and civil,
arising under the laws of this state, to all
intents and purposes whatever, and for
crimes and offenses his jurisdiction shall
be co-extensive with the county; he shall
give bond and security as is required of
justices of the peace, to be approved by
the city council; he shall have exclusive
jurisdiction of all prosecutions for viola
tion of the ordinances of the city; he may
award and issue any process or writ that
may be necessary to enforce the admins
tration of right and justice throughout
tho city, and for the lawful exercise of his
jurisdiction according to the usages and
principles of law; and he shall in the dis
charge Of the duties of justice of the
peace, receive the fees and compensation
allowed by law in such cases.
Sec. That said section ffty-one of
said act be and the same is hereby re-en-
acted as follows: Section 81. The mayor
of the corporation shall be conservator
of the peace throughout its limits, and
shall have within the same all the power
and Jurisdiction Of o justice of the peace,
in all matters civil and criminal, arising
under the laws of this State, to all intents
and purposes whatever; and for crimes and
offenses committed within the limits of the
incorporation, his jurisdiction shall be co.
extensive with the county; he shall give
bond and security as required by law of
Justices of tie peace, to be approved by
the council; and the said mayor shall per-
form all the duties required of him by the
laws and ordinances of the corporation.
and appeal may be taken in the same
manner as from the decisions of justices
of the peace; he shall keep docket. and
shall be allowed and receive the same
fees that justices of the peace are or may
be allowed for similar services.
Sec. 8. Section 81 AID Sections 68
of an act to provide for the Organization
of cities and incorporated villages, passed
May 3, 1853, be and the same a.e hereby
repealed.
Sec. 4. This act shall take effect upon
its passage.
RICHARD G. PARSONS,
Speaker of the House of Representatives.
ROBERT G.. KIRK,
President of the Senate.
March "a, 1860.
AUDITORS OFFICE, WooDsFIELD,
Monroe Co., june, 1860.
hereby certify that the foregoing laws
have been compared with the laws pub
ilshed by authority and found to be cor
rect. MARTIN L. BOWSER.
5s. e.5.5.. So Auditor, M. G. O..
{hEWe have now On hand
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