SS 1778-1784. OFFICERS: POWERS AND DUTIES. Tit. XII, Div. 4, Ch. 5. an order or injunction to restrain the misapplication of funds of the cor- Shall apply for poration, or the abuse of its corporate powers, or the execution or per- tain cases. injunction in cerformance of any contract made in behalf of the corporation in contravention of the laws or ordinances governing the same, or which was procured by fraud or corruption. [66 v. 175, $ 159.] may institute suit. SEC. 1778. In case he fail, upon the request of any tax-payer of When tax payer the corporation, to make the application provided for in the preceding section, it shall be lawful for such tax-payer to institute suit for such purpose, in his own name, on behalf of the corporation; provided, that no such suit or proceeding shall be entertained by any court until such request shall have first been made in writing. [67 v. 72, § 160.] SEC. 1779. If the court hearing such case is satisfied that such tax- Duty of the payer had good cause to believe that his allegations were well founded, court. or if the same is sufficient in law, it shall make such order as the equity and justice of the case demands; and in such case the tax-payer shall be allowed his costs, including a reasonable compensation to his attorney. [66 v. 175, § 161.] SEC. 1780. He shall make a report annually to the council, at their Annual report. first regular meeting in April, of the business of his office, and the moneys by him collected, during the year preceding the first day of April, and such other matters as he may deem proper, in order to promote the good government and welfare of the corporation. [66 v. 175, § 162.] SEC. 1781. He shall receive such stated salary, payable quarterly His salary. out of the corporation treasury, and such fees or compensation for particular services, as the council may prescribe; and no additional counsel shall be appointed or employed at the expense of the corporation, except by a resolution of the council adopted for that purpose, specifying the case in which such additional attorney is employed, the reasons therefor, and may fix the compensation to be paid. [66 v. 176, § 163.] STREET COMMISSIONER, FIRE ENGINEER, CIVIL ENGINEER, AND SUPER- SEC. 1782. In municipal corporations that have a street commis sioner, fire engineer, civil engineer, or superintendent of markets, those officers shall severally perform the duties prescribed by this title, and such other duties not incompatible with the nature of their office, as the council may by ordinance require; and each shall receive such compensation for his services, by fees or salary, or both, as may be provided by ordinance. [66 v. 176, §§ 164, 165.] Duties of various officers, and their compensation. SEC. 1783. The city or village sealer shall, at least once in three Duty of sealer of years, compare the copies of standards in his possession with those in weights and measthe office of the county sealer. [58 v. 78, § 10.] ures. SEC. 1784. The city or village sealer shall compare all weights and Comparison and sealing weights measures which are brought to him for that purpose, with the copies in and measures. his possession, and when such weights and measures are made exactly to agree with said copies, he shall seal and mark such weights and measures. [58 v. 78, § 11.] SEC. 1785. In cities of the first class there shall be a court, held by the police judge, which court shall be styled the police court, and be a court of record. [72 v. 51, § 168.] 21785. That offenses against municipal corporations are regarded as quasi criminal, and may be prosecuted in the name of the corporation, see Markle v. Akron, 14 O. 586. S$ 1786-1795. POLICE COURT. Tit. XII, Div. 5, Ch. 1. SEC. 1786. Said court shall have a seal, with the name of the state Seal. in the center, and the style of the court in the margin; and it shall be the duty of council to furnish such seal. [72 v. 51 § 168.] to crimes, etc. SEC. 1787. The jurisdiction of said court to make inquiry in crim- General jurisdicinal cases shall be the same as that of a justice of the peace; and the tion to inquire injudge shall have the same power to take acknowledgment of deeds and other instruments of writing, administer oaths, and take and certify depositions. [66 v. 176, § 166.] SEC. 1788. The court shall have jurisdiction of any offense under Final jurisdition any ordinance of the city, and of any misdemeanor committed within the limits of the city, or within four miles thereof, to hear and finally determine the same, and impose the prescribed penalty; but cases in which the accused is entitled to a trial by jury, shall be so tried, unless a jury be waived. [66 v. 176, § 167.] SEC. 1789. In felonies committed within the county, the court shall Hearing in felonhave the powers of a justice of the peace to hear the case, and dis- ies. charge, recognize, or commit; and if, upon such hearing, the court is of the opinion that the offense is only a misdemeanor, and that the court may entertain jurisdiction of it under [the last] section, a plea of guilty of such misdemeanor may be received, and sentence and judgment pronounced; but if in such case the accused decline to enter such plea, the court, without discharging the accused, shall cause the prosecuting attorney to immediately file in the court an information against the accused for such misdemeanor, on which charge he shall be tried in that court, after an entry has been made discharging him of the felony. SEC. 1790. Where the charge is the commission of a misdemeanor, Where, on charge and the proof shows that the party has committed a felony, the court, upon the proper affidavit being filed, shall discharge the party as to the ony. misdemeanor, and admit him to bail or commit him, as the case may be, for the felony. of misdemeanor, proof shows fel SEC. 1791. The court shall have power to issue process, preserve General powers. order, and punish contempts, summon and impanel jurors, grant new trials and motions in arrest of judgment, suspend execution of sentence upon notice of intention to apply for leave to file a petition in error, and such other powers incident to the court of common pleas as may be necessary for the the exercise of the jurisdiction herein conferred, and the enforcement of the judgments and orders of the court. [72 v. 51, $168.] SEC. 1792. Prosecutions for offenses against the laws of the state shall be brought and conducted in the name of the state, and prosecu- prosecutions cartions for violations of city ordinances shall be brought and conducted in the name of the corporation; and in any case a new trial may be granted within the same time and for the same cause as in like cases in the court of common pleas. [66 v. 177, § 196.] In what name ried on. SEC. 1793. The police court shall always be open for the transaction Terms of the of business, but may adjourn from day to day, or from time to time, and court. shall be considered as holding monthly terms, each commencing on the first Monday of the month. [72 v. 51, § 171.] SEC. 1794. The mode in which business shall be brought before Mode of prosecu the court shall be fixed by ordinance of the city council or rule of court. ting, etc. [72 v. 51, 171.] SEC. 1795. The judge shall adopt such rules of practice and pro- Rules. cedure as will give each party a proper statement of any charge against 1788. The jurisdiction conferred on the police courts by this section extends to all offenses not punishable by death or imprisonment in the penitentiary. Dillingham v. State, 5 O. S. 280; Ex parte Scott, 19 O. S. 581; Cole v. State, 29 Ő. S. 226; Davis v. State, 32 O. S. 24. Tit. XII, Div. 5, Ch. 1. As to dispatch of business. Salary of judge. Provisions as to etc. him, and a full opportunity of being heard, which rules shall be placed in the court room. [66 v. 177, 173.] SEC. 1796. The business of the court shall be dispatched with all the speed consistent with a full, fair trial, or hearing of the cases. [66 V. 177, § 173.] SEC. 1797. The judge of the police court shall receive no fees or perquisites, but shall receive such annual compensation, not exceeding two thousand dollars, as the council may prescribe, payable quarterly out of the city treasury, and such further compensation, payable out of the county treasury, as the commissioners of the county may deem proper; but in cities of the first grade of the first class such judge shall receive not less than fifteen hundred dollars a year from the city treasury, and not less than fifteen hundred dollars a year from the county treasury; and nothing in this section shall prohibit any police judge from receiving the fees for taking the acknowledgment of instruments, depositions, and affidavits which are allowed to justices of the peace for like services. [66 v. 177, § 170.] SEC. 1798. The court shall have power to compel the attendance jurors, witnesses, of witnesses, jurors, and parties; jurors shall have the qualifications and be subject to the challenges of those in the court of common pleas in like cases; they shall be selected, summoned, and impaneled in accordance with an ordinance of the council, or if no such ordinance is in force, in accordance with a rule of the court; and they shall receive the same fees as are allowed jurors in the court of common pleas in such cases, which shall be payable out of the county treasury in state cases, and out of the city treasury in cases for the violation of ordinances. [66 v. 177, 172.] Witnesses' fees. Other fees. Recognizances. Substitute for judge. SEC. 1799. Witnesses in the police court shall be allowed the same fees in cases arising from a violation of the ordinances, as are allowed in like cases before justices of the peace, which shall be paid in the same manner; and in state cases the same fees as in like cases in the court of common pleas, which shall be paid in the same manner. [66 V. 178, § 178.] SEC. 1800. Other fees in the police court shall be the same in state cases as are allowed in the probate court, or before justices of the peace, in like cases; and in cases for violation of ordinances such fees as the council shall, by ordinance, prescribe, not exceeding the fees for like services in state cases. [66 v. 178, § 177.] SEC. 1801. In felonies, the court shall recognize such of the witnesses as will probably be required in the court of common pleas to appear in that court; one instrument, in which, under the penalty named, the witnesses shall severally undertake to appear before the court of common pleas of the county forthwith, or at the next term, as the case may be, shall be sufficient; all recognizances, whether of the accused or the witnesses, shall, when taken, be certified and entered on the journal, and forthwith delivered to the clerk of the court of common pleas; and neither coverture, nor minority, shall be a defense to any recognizance. [66 v. 178, § 176.] SEC. 1802. During the absence, inability, or disability of the judge, the mayor may hold the court, or may select for the purpose a reputable member of the bar, or a justice of the peace, residing within the 1798. A trial and sentence to imprisonment, by a mayor, of a person charged with the violation of an ordinance, where no means of a trial by jury is provided, are illegal. Thomas v. Ashland, 12 O. S. 124. 1802. The acts of an officer de facto, when questioned collaterally, are as binding as those of an officer de jure. Ex parte Strang, 21 O. S. 610. To constitute an officer de facto of a legally existing office it is not necessary that he should derive his appointment from one competent to invest him with a good title to the office. It is S$ 1803-1809. POLICE COURT. Tit. XII, Div. 5, Ch. 1. city, who shall have the jurisdiction and powers conferred upon judges of police courts, be styled "acting police judge," and, as such, sign all process and records during the time he shall serve, and perform all other acts pertaining to the office; and in case the mayor hold the court, he shall have all the powers and perform all the duties of the judge. [70 v. 248, § 174; 66 v. 170, § 124.] SEC. 1803. The person selected as judge shall be paid for the time His compensaoccupied, in the same manner, and at the same rate, as the police judge, tion, etc. and the amount so paid shall be deducted from the compensation of the police judge; and all courts shall take judicial notice of the selection and powers of such person. [70 v. 248, § 174; 66 v. 170, § 124.] SUBDIVISION II. CLERK. SEC. 1804. The clerk of the police court shail have power to Powers. administer oaths; to admit to bail, for a period not exceeding twentyfour hours, any person accused of a misdemeanor, or violation of an ordinance, for his appearance before the police court or mayor, as the case may be; to appoint one or more deputies, to be approved by the council; and to perform all other things which may be performed by the clerk of the court of common pleas in like cases. [67 v. 72, § 185; 66 v. 178, 182.] SEC. 1805. He shall file and preserve all informations, process, Duties as to motions, and papers of every description used in the court, except papers. such as he may be required to transmit to another court. [66 v. 179, § 187.] SEC. 1806. He shall keep a journal of all orders and judgments of Journal. the court, and on the opening of the court on any day, the minutes of the preceding day shall be read, and signed by the judge, the errors, if any, being first corrected; and the entries on the journal in any case, in connection with the information and other papers, shall constitute, and Record. have the force of, a final record. [66 v. 179, § 187.] SEC. 1807. He shall, on the first Monday of every month, make, Report. under oath, to the city auditor, a report of all fines, penalties, fees, and costs imposed by the court in city cases, showing in what cases the same have been paid, and in what cases they remain unpaid; and also, at the same time, he shall make a like report to the county auditor as to state cases; and he shall immediately pay into the city and county treasuries, respectively, the amount then collected, or which may have come into his hands, from all sources, during the preceding month. [66 v. 179, $ 189.] SEC. 1808. He shall give such bonds, with sureties, as may be Bond. required by the council and county commissioners; and shall receive for his services in city cases a fixed salary, to be prescribed by ordi- Salary. SEC. 1809. A deputy clerk of the police court may perform any Deputy. sufficient if he derives his appointment from one having colorable authority to appoint; and an act of the general assembly, though not warranted by the constitution, will give such authority. lb. Assuming but without deciding the question) the power of appointment conferred on the mayor by this section to be unauthorized by the constitution, yet the person acting under such appointment would be a judge de facto. lb. |