Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-05-10
AN ACT

10 re-enact sections slXty-eISht and tfty
one of an act entitled can Act to pro
vide for the organization of Cities ant
incorporated Villages" passed May 3
1852.
WHEREAS, The constitution of this
state provides that the general assembly
may establish other courts than those
named in the constitution itself, whenev.
er thirds of the members elected to
each house shall concur therein. And
whereas, the supreme court has decided
that the sixty-eight and fifty first sections
of the act to provide for the organization
ofcities and incorporated villages, which
define the civil anG criminal jurisdiction
OF mayors of cities of the second class, is
within the purview of the constitutional
provision 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,
SECTION l. Be 1t enacted By the Gener-
al Assembly ofMe State Of Ohio, That
said section sxty-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 here
by re-enacted as follows: Section 6e. The city
council ofcities 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 qualification of
jurors in the Court of Common Pleas. Jurors and
witnesses in all prosecutions before the mayor for
violations ofthe city ordinances, shall receive the
same fees that are allowed by law in civil actions
before justices of the peace; the fees of the mayor
and marshal in such cases shall be provided for
by ordinance, all of which fees in case of convic-
ton. shall be taxed against the parties convicted
and in case of acquttal shall be taxed against the
city and Except the fees of the mayor and mar
shal) 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, all
the jurisdiction and powers ofa justice of the peace
In all matters criminal and civil, arising under the
laws of this state, 70 all intents and purposes what
ever, and for crimes and afenses 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 prosectons
for violation of the ordinances of the city, he may
award and issue any process or writ thatmay be
necessary to enforce the administration of right
and justice throughout the city, and for the lawful
exercise of his jurisdiction according to the usages
and principal of law; and he shall in the discharge
of the duties of justice of the peace, receive the
fees and compensation allowed by law in such
cases.
SEC. 2. That section ffty-one of said act be
and the same is hereby re-enacted as follows: Sec.
tion 81. The mayor of the corporation shall be a
of the peace throughoutits limits, and
shall have within the same, all the power and uris
iiction of justice of the peace, in all matters of
civil and criminal, arising under the laws of this
state, to all intents and purposes whatever; and
lor crimes and offenses committed within the lin
its 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 the peace
% be approved by the council; and the said mayor
shall perform all the duties required of him by the
avs and ordinances of the corporation, and ap-
1eal may be taken in the same manner as from
he decisions of justices of the peace; he shall keep
, docket, and shall be allowed and receive the
anne fees that Justices of the peace are or may be
allowed for similar services
SEC. 3 Section 81 and Section 68 of an act to
,rovide for the organization of cities and incorpo-
ated villages, passed May 3, 1859, be and the
anne is hereby repealed.
SEC. A. This act take effect upon its pass
lge.
RICHARD G. PARSONS,
Speaker of the House of Representative.
ROBERT G. KIRK,
President of the Senate.
Passed March "a, 1860.