SS 1720-1724. ELECTION OF OFFICERS. Tit. XII, Div. 4, Ch. 3. same ticket with officers for such city; and the municipal officers holding such election shall proceed in the same manner, and make like returns, as in case of election for justices and constables held by the trustees and clerks in the townships. [69 v. 23; 56 v. 81, § 2.] SEC. 1720. The mayor, the president of the council, and the solici- Board of revision; tor of the corporation, shall constitute a board of revision, which shall its duties. meet as often as once in every month, to review the proceedings of the council, and of all other departments of the corporation government, and report to the council whether any department of such government has transcended its powers, whether any officer has neglected his duties, and whether any and what retrenchment in the expenses of the corporation, and what improvement in any department of the corporation government, can be made. [66 v. 261, § 658.] er; examination SEC. 1721. In all cases where the treasurer of a county becomes Oath, bond, etc., treasurer of the city and school funds by virtue of other provisions of of county treasur this title, he shall qualify in every respect as if he were elected to the of funds. office, by taking the official oath and giving separate bonds acceptable severally to the city council and school board of such city; and in all examinations of the county funds by the auditor and county commissioners, as provided by law, there shall at the same time, and in the same manner, be an examination of the city and school funds by at least one person for each fund, who shall be appointed by the county commissioners; and in examinations of the county treasury by order of the probate judge, the accountant appointed by the judge shall count, examine, and certify as to the condition of the city and school funds at the same time, and in the same manner, as required by law in regard to the county funds. [70 v. 66, § 1.] its members to SEC. 1722. In cities of the first class it shall be unlawful for any Official board not official board to appoint any member of it to any position within its gift, to appoint one of unless otherwise provided by law, or for any member of such board office. to receive any such position from such board which shall require an expenditure or the payment of any money from funds belonging to the city or any of its departments. [72 v. 27, §1.] SEC. 1723. The first Monday of April shall be the regular annual Time of annual period for the election of officers of municipal corporations. [66 v. election. 161, § 70.] SEC. 1724. When a vacancy happens in the members of council, Special election; or board of aldermen, a special election shall be held within twenty filling vacancies. days thereafter, unless the annual municipal election occurs within sixty days after the vacancy; and the mayor shall designate the time and place, or places, of such election, but at least ten days' public notice of it shall be given; provided, that in a village, the mayor, by and with the consent of the council, shall have power to fill vacancies in the Tit. XII, Div. 4, Ch. 3. Designation of election. Mayor's election proclamation. Who are electors. Election returns; when opened. Abstract of votes. Judges and clerks of election. The vote; decision by lot. Charge of mal office. ELECTION OF OFFICERS. §§ 1725-1732. board from the electors of the corporation, to serve for the unexpired term. [69 v. 181, § 71.] SEC. 1725. The council of every municipal corporation shall designate the place or places for holding the regular elections; and in all corporations divided into wards, there shall be a place or places in each ward designated for holding elections. [67 v. 70, $ 72.] SEC. 1726. The mayor, previous to any election for a municipal officer or officers, shall issue a proclamation to the electors of the corporation, or of the respective wards or districts, as the case may require, setting forth the time and places of election, and the officers to be chosen, and cause such proclamation to be published in some newspaper printed in the corporation, at least ten days previous to the election, or, if no such newspaper is published in the corporation, such notice may be given by posters. [66 v. 161, § 73.] SEC. 1727. A person who, at the time of an election for municipal officers, is an elector for county officers, and resides in the ward, or corporation, if there be no wards, in which he offers to vote, is a qualified elector; and the elections shall be held and conducted, in all respects, in the manner prescribed by law in case of township elections. [66 v. 162, § 74.] SEC. 1728. Returns of municipal elections, in corporations which are divided into election districts or wards, shall be made to the clerk of the corporation, and be opened by him within the time prescribed for the opening, by the clerk of the court of common pleas, of the returns of county elections. [66 v. 162, § 75.] SEC. 1729. The clerk, or in his absence or disability, some person to be selected by the council, shall call to his assistance the mayor, and in his presence, make an abstract and ascertain the candidates elected, in all respects as required by law of the clerk of the court of common pleas with respect to county officers; and he shall, in like manner, make a certificate as to each candidate so elected, and cause the same to be delivered to him, or left at his usual place of abode; provided, that if there is no mayor, or the mayor is absent, or disabled, or a candidate at such election, the clerk shall call to his assistance a justice of the peace of the county. [66 v. 162, § 76.] SEC. 1730. At elections in corporations which are not divided into election districts or wards, the mayor and council, any three of whom shall be a quorum, shall serve as judges, and the clerk shall serve as clerk; and after canvassing the votes given at such election, the judges shall declare the result, and the clerk shall make and deliver to each person elected, a certificate of such election. [66 v. 162, § 77.] SEC. 1731. If the result can not be determined from the votes cast, for the reason that more than the number of persons to be elected have an equal number of votes for the same office, then the officers whose duty it is to ascertain the persons elected, shall determine by lot which of such persons shall be declared elected; and the election of any municipal officer, except a member of the council, may be contested in the manner provided by law for contesting the election of justices of the peace, except in cities of the first grade of the first class, such election may be contested only in the manner provided for contesting the election of county officers. [67 v. 70, $ 78.] SEC. 1732. On complaint, under oath, filed with the probate judge feasance, etc., in of the county in which the corporation, or the larger part thereof, is situated, by any elector of the corporation, signed and approved by four other electors thereof, charging that any member of the council or alderman has received, directly or indirectly, any compensation for his ser §§ 1733-1736. ELECTION OF OFFICERS. Tit. XII, Div. 4, Ch. 3. vices as councilman, alderman, committeeman, or otherwise, contrary to the provisions of section sixteen hundred and eighty-three, 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 sixty-nine hundred and seventy-six, or that any alderman, member of council, or any officer of the corporation has been guilty of misfeasance or malfeasance in office, such probate judge shall forthwith issue a citation to such party, charged in the complaint, for his appearance before him within ten days from the filing of such complaint, and also furnish the accused and city solicitor with a copy thereof; provided, that the probate judge shall Citation by prorequire the party complaining to furnish sufficient security for costs before acting upon such complaint. [68 v. 113, § 1.] bate judge. SEC. 1733. On the day fixed by such judge for the return of the Proceedings citation, it shall be the duty of the solicitor to appear on behalf of the thereon. complainant to conduct the prosecution, and the accused may also appear by counsel, and a time shall be set for hearing the case, which time shall not be more than ten days after such return; and if a jury is demanded by either party, the probate judge shall direct the summoning of twelve men, in the manner provided in the seventh division of this title; provided, that in villages and cities in which there is no office of solicitor, or where the solicitor is 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 such complainant to conduct the prosecution. [68 v 113, § 2.] rors. SEC. 1734. On the day fixed for the trial, if a jury is impaneled, Challenge of jueither party may, in addition to the peremptory challenges allowed by law in other cases, object, for good cause, to any juryman summoned ; and any vacancies 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, demand a special venire to fill such vacancy. [68 v. 113, $3.] SEC. 1735. On the day designated for the trial, it shall take place, The trial. unless continued, on affidavit for good cause, to another fixed time, not exceeding ten days; and on the trial it shall be the duty of the 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. [68 v. 114, § 4.] SEC. 1736. If the charges in the complaint are sustained on the Removal of offtrial by the verdict of the jury, or the decision of the probate judge cer, if found when there is no jury, such judge shall enter the charges and find guilty. ings thereon upon the record of the court, and make an order removing such officer from office, and forthwith transmit a certified copy of the same to the presiding officer of the council, whereupon the vacancy shall be filled as provided by law; and the cost and expenses of the Costs. trial shall be charged upon the party filing the complaint, the accused, or the municipal corporation, or apportioned among them, as the judge may see fit to direct, and shall be collected as in other cases; provided, no costs or expenses shall be charged to the accused, if upon such trial he is acquitted; and provided further, that if proceedings in error are instituted by the officer complained of, to reverse or vacate the order of the probate court, such officer shall not exercise the functions of his office until such order is finally reversed or vacated. [68 v. 114, $ 5.] Tit. XII, Div. 4, Ch. 4. OFFICERS: QUALIFICATIONS, ETC. § 1737-1739. CHAPTER 4. OFFICERS OF MUNICIPAL CORPORATIONS; THEIR QUALIFICATIONS, oath, AND BOND. Qualification; oaths. Official bonds. Approval of SECTION 1737. Qualification; oath 1738. Official bond; defenses. 1739. Approval of bond; additional bond. SECTION 1741. If new bond required, notice to be given. 1742. Office vacant if notice not complied with. 1743. How sureties affected. SEC. 1737. Each officer of the corporation, or of any department or board thereof, whether elected or appointed, including a person appointed as a substitute for a regular officer, shall be an elector within the corporation, except as herein expressly provided, and before entering upon his official duties, shall take an oath or affirmation to support the constitution of the United States and the constitution of the state of Ohio, and an oath or affirmation that he will faithfully, honestly, and impartially discharge the duties of the office; and the provisions as to the official oath shall extend to deputies, but they need not be electors. [66 v. 162, § 79.] SEC. 1738. The official bonds of all municipal officers shall be prepared by the solicitor; they shall, except as otherwise provided in this title, be in such sum as the board of trustees or council shall prescribe, by general or special ordinance, and be subject to the approval of the mayor, except that the mayor's bond shall be approved by the council, or if it [is] not legally organized, by the clerk of the court of common pleas of the county in which the corporation or the larger part thereof is situate; the condition that the person elected or appointed shall faithfully perform the duties of the office, shall be sufficient; and the fact that the instrument is without a seal; that blanks, like the date or amount, have been filled subsequent to the execution of it, but before its acceptance, without the consent of the sureties; that all the obligees named in the instrument have not signed it; that new duties have been imposed on the officer; or that any merely formal objection exists, shall not be available in any suit on the instrument. [66 v. 163, § 81; 74 V. 142, § 80.] SEC. 1739. Each officer named in chapter two of this division, and bond; additional all others, except as in this title provided, who may be required so to do, by law or ordinance, shall give bond, before entering on the duties bond. 21737. See note to 2. 1738. Formal acceptance not essential. Filing bond without objection may be an acceptance. Barrett v. Reed, 2 O. 409. Bond to township trustees, instead of township treasurer, may be enforced. Ib. And see 10 O. 111; 14 O. S. 487. Rejection of bond may be shown by parol. Westerhaven v. Clive, 5 O. 136. Bond may be good in part and bad in part; and may be good at common law, though bad under the statute. State v. Findley, 10 O. 51, Where, in an official bond, the name of the officer is recited therein, but he neither signs nor seals it, his sureties, who do execute it, are liable. State v. Bowman, 10 O. 445. The sureties on an official bond are liable for the failure of the personal representative of the When an official bond is tendered to council for its acceptance, in all respects unobjectionable, A statutory provision requiring the certificate of the prosecuting attorney as to the sufficiency in form of an official bond, is merely directory, and the want of such indorsement does not invalidate the bond. Ib. §§ 1740-1744. OFFICERS: POWERS AND DUTIES. Tit. XII, Div. 4, Ch. 5. of the office; each officer may be required by the council, in its discretion, at any time, to give a new or additional bond; each bond, except the bond of the clerk, shall, upon its approval, be delivered to the city clerk, who shall immediately record the same in a record provided for that purpose, and file and carefully preserve the same in his office; and the bond of the clerk shall be delivered to the city auditor, who shall in like manner record and preserve the same. [74 v. 142, § 80.] to take oath or give bond, SEC. 1740. The council may declare vacant the office of any per- Effect of failure son elected or appointed to an office who shall fail to take the oaths required in section seventeen hundred and thirty-seven, or to give any bond required of him, within ten days after he has been notified of his appointment, or election, or obligation to give a new or additional bond, as the case may be. [67 v. 70, § 80.] SEC. 1741. When the council declares, by resolution, that an officer shall give a new bond, written notice shall be served by the clerk of the corporation upon the officer designated, and a copy of the notice, with a statement of the time and place of service, shall be recorded in the proceedings of the council. [74 V. 114, § 2.] SEC. 1742. If the officer fail to give such new bond, with sureties, to the satisfaction of the council, within ten days after such service, the council shall declare the office vacant, and the vacancy shall be filled in the manner provided in this title. [74 v. 114, § 2.] If new bond required, notice to be given. Office vacant if plied with. notice not com. How sureties SEC. 1743. When the new bond is accepted, or the council declares the office vacant, the sureties in the original bond shall cease to be liable affected. for the acts of the officer done thereafter, but not for the acts then already done. [74 v. 114, 3.] CHAPTER 5. SECTION CITY AND VILLAGE OFFICERS: POWERS AND DUTIES. 1741. Mayor: his jurisdiction, powers, etc. 1747. Supervision of conduct of officers, etc. 1748. Mayor to record his protest against excess. 1749. Suspension of officers for neglect, etc. 1730. Annual report to council. 1751. Disposition of fines, etc. 1752. Appeal from decision of mayor. 1753. Salary, etc., of mayor. 1754. Vacancy; how filled. 1755. Clerk; his duties. 1756. He shall make a record. 1757. And post or publish it. 1758. Shall report to state auditor, etc. 1759. Shall certify to court. 1760. Clerk of court shall record, etc. 1761. Penalty for neglect. 1762. When clerk shall perform duties of audi tor. 1763. Shall deliver books, etc., to city auditor. 1764. Corporation seal. 1765. Auditor: his powers and duties. 1766. Have charge of books, etc. THE MAYOR. measures. SEC. 1744. The mayor shall be a conservator of the peace through- Jurisdiction, pow. out the corporation; and within the limits of the same shall have all the ers, etc., of may 1744. The municipal act of 1852, which conferred on mayors of cities of the second class "all the jurisdiction and powers of a justice of the peace in all matters civil and criminal," was not in contravention of the constitution, provided the same was passed by a vote of two-thirds of all the members elected to each house of the general assembly. And in the absence of all showing in the record to the contrary, the act will, on error, be presumed to have been passed by such vote. Steamboat N. Ind. v. Milliken, 7 O. S. 383. Whether the journals may be resorted to for the purpose of determining that matter, see State v. Moffitt, 5 0 358-363; State v. McCollister, 11 O. 46-55; Miller v. State, 3 O. S. 475; Fordyce v. Godman, 20 O. S 1. or. |