State ex rel. Rulison v. Mackelfresh

Citations

• 19 Ohio C.C. Dec. 499

Syllabus

<p>CONSTITUTIONAL LAW — JUSTICES OF THE PEACE.</p> <p>Swing, G-Men and Smith, JJ.</p> <p>1. Statutes Ununiform in Operation Unconstitutional.</p> <p>Section 3 of act 51 O. L. 406, as amended in 91 O. L. 78, and in 92 O. L. 59 (see Rev. Stat. 568; Lan. 900), by reason of the exception in favor of certain counties is unconstitutional and void, and the repealing sections are also inoperative. This statute as originally enacted in 51 O. L. 406, is still in force.</p> <p>[For other cases in point, see 2 Cyc. Dig., “Constitutional Law,” §§ 975-1100. — Ed.]</p> <p>2. Effect of Annexation of Territory on Officer of Annexed Part.</p> <p>By reason of annexation and by force of the last part of Rev. Stat. 568 (Lan. 900), a justice of the peace is authorized to perform the duties of his office in the township to which the territory in which he resides has been annexed, hut only until the end of the term of three years for which he was elected.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Justices of the Peace,” §§ 69-84. — Ed.]</p> <p>3. Proceedings for Increasing Number of Justices of the Peace.</p> <p>In such a case no new office of justice of the peace is created for which a successor should he elected and qualified; it is only by application to and determination by the probate judge of the county, in accordance with the provisions in the first part of Rev. Stat. 568 (Lan. 900), that the number of justices of the peace can be permanently increased.</p> <p>[Syllabus approved by the court.]</p>