Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-05-10
AN ACT

| Ave o. <1AN nv
To re-enaat sections sixty-eight and ffty
one Of an act entitled "an Act to pro
! vide for the organization of Cities anc
Incorporated Villages" passed May 9
1852.
, WHEREAS, The constitution of thi,
state provides that the general assembly
may establish other courts than those
named in the constitution itself, whenev.
er two-thirds of the members elected to
each house shall concur therein. And
whereas, the supreme count has decided
that the sixty-eight and ffty-frst 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 oftwo-t thirds
of the members elected to each house OF
the general assembly; therefore,
SECTION l. Bel enacted 5y tie Gencr-
al Assembly Of tie State of Ohio, That
said section sxty-eight OF said act as amended bv
the third section Of an act supplementary to said
act, passed April 5, 1885, be and the same is here.
by re-enacted as follows: Section 6S. The city
council ofcties OF the second class shall have
power to provide by ordinance for the summoninc
and cInpanneling of jiuries by the mavor OF such
cities, and such jury shall have the qualification OF
jurors in the Court ofCommon 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 acquittal shall be taxed against the
city and except the fees of the mayor and mar
sha) 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
he jurisdiction and powers ofa Justice of the peace
in all matters criminal and civil, arising under the
laws OF this state all ntents and purposes what.
ever, and for crimes and aficnses his Jurisdiction
shall be co-eXtcnsive with the county: he shall
give bond and security is required of Justices Of
the peace, TO be approved by the CITY council; he
shall have exclusive jurisdiction of all prosections
for violation of the ordinances of the city he may
award and issue any process or writ that may be
necessary to enforce the administration # right
and justice throughout the city, and for the lawful
exercise of his jurisdiction according 10 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 fifty-one of said act be
and the same is hereby re-enacted follows: Sec.
ton 81. The mayor Of the corporation shall be
conservator Of the peace throughoutts limits and
shall have within the same, all the power and iuris.
dcton 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
for crimes and ofenses committed within the lin.
its of the Incorporation his jurisdiction shall be CO.
extensive with the county; he shall give bond and
security ns required by law of justices of the peace
to be approved by the council and the said mayor
shall perform all the duties required of him by the
laws ordinances of the corporation, and ap.
peal may be taken in the same manner as from
the decisions 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. Section 81 and Section 6S of an act to
provide for the organization of cities and incorpo
rated villages, passed May 3, 1852, be and the
same is hereby repealed.
SEC. 4. This act take effect upon its pass
age.
RICHARD G. PARSONS,
Speaker of the House Of Representative.
ROBERT c. KIRK.
President of the Senate
Passed March "a, 1850.