AN ACT To amend sections 10 and 11 of an act entitled "An act to amend an act for opening and regulating roads and highways," passed January 27, 1853; passed April 8th, 1856. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section ten be and the same is hereby amended so as to read as follows: bate court. Joint appeal. Section 10. That every claimant of damages on account Claimant of of the establishment or alteration of a county or township damages may road, or the alteration of a state road, may appeal to the appeal to proprobate court, from the final decision of the county commissioners or township trustees, confirming the assessment of damages made by the viewers in his behalf, or the refusal of the viewers to award damages to him, which appeal shall be perfected and docketed in the mode herein before prescribed in section four, except that the appellant shall be the plaintiff, and the obligors in the bond mentioned in the second or thirtyfirst section of the act aforesaid, as the case may be, shall be the defendants. Several claimants may unite in a joint appeal, although their claims may be distinct, or they may severally appeal. Upon such an appeal, whether joint or several, the Proceedings probate court shall confine itself to the question or questions thereon. of damages presented by it, and shall forthwith, after the docketing thereof, cause a jury of twelve men to be selected, and returned by the sherifi and clerk of the county in accordance with the provisions of the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corporations," passed April 30th, 1852, and shall forthwith, after receiving the names of such jurors, issue a venire commanding them to appear in said court, on a day and hour named in the venire, which shall not be later than the twentieth day from its date, to serve as jurors upon the trial of said claim or claims; and shall also issue a summons or notice to all such appellants, whether joint or several, and to the obligors aforesaid, to attend at the same time and place, which summons or notice shall be served by delivering to each person named therein a copy thereof, or by leaving such copy at his usual place of abode. If any of the parties are non residents of the county, but have Non-resi an agent or attorney therein, service on such agent or attor- dents. ney in manner aforesaid, shall be sufficient, or a summons or notice may be sent to another county for service upon any party residing or being therein. If an appellant is a nonresident as aforesaid, it shall be his duty, when he perfects his appeal, to leave with the probate judge the name of an agent or attorney in the county, upon whom service may be made as aforesaid, and if he fail to do so. no service upon him shall be necessary. Service upon a guardian shall be sufficient service upon his ward. SEC. 2. That said section eleven be so amended as to read as follows: The jury. Their oath. The trial. Section 11. If any of said jurors fail to attend, or shall for good cause be excused from serving, or shall be set aside on account of a challenge, the panel shall be filed with the talesman as in other cases. Each party shall be entitled to two peremptory challenges, and may make any number of challenges for cause. In respect to challenges, the appellant or appellants, whose claims are on trial, shall be considered as one party, and the obligors as the other. The jury shall be sworn in all the causes, whether the appeals were joint or several, at the same time, unless for good cause shown, the court shall otherwise direct. The oath of the jury shall conform, as nearly as may be, to the oath for the jury prescribed by the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corporations," passed April 30th, 1852. On motion of either party, or of any one of the appellants, the jury shall then, under the care of an officer of the court, and with such person or persons as the court may appoint, to show them the prem ises; and before any testimony shall be given, except the plat and field notes of the road and the title papers, if produced of the claimants, which they shall take with them, proceed to examine the road as established or ordered, and the property of the several claimants taken therefor or alleged to be injured thereby; and after making such examination, shall return to the probate court at the time the court shall have appointed; whereupon (or upon the jury being sworn, if no view is moved for) the trial said claims in the order the court shall direct, or any number or all of them at the same time if the parties so agree, shall be proceeded with in the same manner as in other jury trials in said court; provided, that if any claimant elects to have his claim tried separately he shall be entitled thereto. The jury shall renSeparate ver- der a separate verdict upon each claim, which shall be entered upon the record of the court, and a new trial shall not be granted except for misconduct of the jury; nor shall an appeal, except by petition in error, as hereinafter provided, be taken to any other court. dict. SEC. 3. That said original sections numbers ten and eleven, be and the same are hereby repealed, and this act shall take effect from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed May 1, 1871. President of the Senate. AN ACT To provide for the trial and removal of municipal officers from office. Charge of malfeasance, &c., in office. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That on complaint in writing, under oath, filed with the probate judge of the county in which the corporation is situated, by any elector or citizen of the corporation, signed and approved by four other electors or citizens of said corporation, charging that any member of the council or alderman has received any compensation for his services, directly or indirectly, as councilman, alderman, committeeman, or otherwise, contrary to the provisions of section ninety-one of the act to amend an act to provide for the organization and government of municipal corporations, passed May 7, 1869, as amended April 18, 1870," or that any alderman, member of the council, or any officer of the corporation, is or has been interested, directly, or indirectly, in the profits of any contract. job, work, or services, or is, or has been acting as commissioner, architect, superintendent or engineer in any work undertaken or prosecuted by the corporation, contrary to the provisions of section ninety-two of the municipal code entitled "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, or that any alderman, member of council or any officer of the corporation has been guilty of misfeasance or malfeasance in office, the probate judge shall forthwith issue a citation to said party, Citation by charged in said complaint, for his appearance before said probate probate judge within ten days from the filing of said complaint, judge and also furish the accused and city solicitor with a copy of said complaint; provided, that the probate judge shall require the party complaining to furnish sufficient security for costs before acting upon such complaint. SEC. 2. That on the day fixed by said probate judge for the return of said citation, it shall be the duty of the city solicitor to appear on behalf of said complaint to conduct the prosecution, and the accused may also appear by counsel, and a day shall be set for hearing the case, not more than ten days distant, and if a jury be demanded by either party, the probate judge shall direct the summoning of twelve men in the same manner as is provided in chapter forty-seven, section five hundred and seventeen, of the act to provide for the organization and government of municipal corporations, passed May 7, 1869; provided, that in villages and cities in which there is no office of city solicitor, and where the city solicitor shall be accused of any misfeasance or malfeasance in his office, it is hereby made the duty of the prosecuting attorney of the county, to appear on behalf of said complainant to conduct the prosecution. Proceedings thereon SEC. 3. That on the day fixed for the trial of said case, if Challenge of a jury is empanneled, either party may, in addition to the jurors peremptory challenges now allowed by law in other cases, for good cause, object to any jury man summoned, and any va 8-LAWS. The trial. Removal of officer if Costs. cancies occurring for any cause may be filled by the probate judge from the bystanders, until the panel is full, unless the party charged, or his counsel, shall demand a special venire to fill such vacancy. SEC. 4. That on the day designated for the trial, it shall take place, unless continued on affidavit, for good cause shown, to another fixed time, not exceeding ten days; and on the trial it shall be the duty of the city solicitor to appear for the prosecution, examine witnesses designated by the complainant and such others as he may discover, and either party may have process from the probate judge to compel the attendance of witnesses. SEC. 5. Should the charges in the complaint aforesaid be sustained on the trial by the verdict of the jury, or the decis found guilty. ion of the probate judge when there is no jury, the probate judge shall enter the charges and findings thereon upon the record of the court, and make an order removing said officer from office, and forthwith transmit a certified copy of the same to the president of the council, when the vacancy shall be filled as is now provided by law; the cost and expenses of the trial shall be charged upon the party filing the complaint, the accused, or the municipal corporation, or distributed among them as the judge may see fit to direct, and shall be collected as in like cases; provided, that if proceedings in error shall be instituted by the officer complained of, to reverse or vacate the order of the probate court, the officer removed shall not exercise the functions of his office until such order be finally reversed or vacated; provided, no costs or expenses shall be charged to the accused, if upon such trial he shall be acquitted. SEC. 7. [6.] This act shall take effect from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed May 1, 1871. President of the Senate. County commissioners may unite AN ACT To authorize County Commissioners to unite with Cities in the erection and maintenance of Work Houses. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the commissioners of any county within this state to unite with any city, located with cities in in such county, in the erection, management and maintenance of a work house for the joint use of such county and city; and said commissiouers are authorized to levy and collect the necessary funds therefor from the taxable property of such county; proved, that said commissioners shall not the erection of work houses. collect and expend a greater amount than shall be collected and expended by such city for the same purpose; and provided further, that the management of such work house shall be under and in pursuance of chapter XX. of an act entitled "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, and such laws as may be hereafter passed relating to the same subject: Provided, that not more than ten thousand dollars shall be levied or appropriated by the commissioners for such purpose, unless the amount be approved by a majority of the voters of the county, exclusive of the city, voting at some general election. SEC. 2. This act shall be in force from and after its passage. J. R. COCKERILL, Speaker pro tem. of the House of Representatives. Passed May 1, 1871. President of the Senate. AN ACT To amend section sixty-seven of an act entitled "an act to provide for the organization and government of Municipal Corporations," passed May 7, 1869. (O. L., vol. 66, p. 161.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty seven of an act entitled "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, (O. L., vol. 66, page 161,) be and the same is hereby amended so as to read as follows: Section 67. When any officer shall remove without the limits of the corporation, such removal shall be deemed a vacating of the office, and the vacancy shall be filled as in other cases; provided, however, that the provisions of this section shall not be held to apply to either the city solicitor or police judge. SEC. 2. That original section sixty-seven of the above entitled act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. J. R. COCKERILL, Speaker pro tem. of the House of Representatives. Removal to to create a vacancy; exceptions. Passed May 1, 1871. J. C. LEE, President of the Senate. |