CHAPTER VII.

CONSTABLES.

Election.-Constables are elected on the first Monday of April, for the term of one year, and continue in office until their successors are elected and qualified.

1448.

Number of The number to be elected in any township is determined by the trustees. 1448.

Official oath.-Within ten days after his election, and before entering upon the duties of his office, each constable must take an oath or affirmation, before an officer authorized by law to administer the same, to support the constitution of the United States and of the State of Ohio, that he will faithfully discharge the duties of his office. 3, 1453, 1516.

Bond. At the same time, the constable is required to give a bond to the State of Ohio, in a sum not less than five hundred nor more than two thousand dollars, with sureties resident in the township, such as the trustees shall approve, conditioned for the faithful and diligent discharge of his duties.1 1516.

Nc. 17. FORM OF CONSTABLE'S BOND AND OATH. Know all men by these presents, that we, cipal, and

1

as prin

, as sureties, are held and firmly bound

Constitution, art. 15, sec. 7.

Wes

The fact that a constable's bond was given more than ten days after his election, does not necessarily render it invalid. terhaven v. Clive, 5 Ohio, 136.

Parol testimony may be received to contradict the entry of the township clerk to the effect that a constable's bond has been ac cepted. Ibid.

unto the State of Ohio, in the sum of

dollars, to be

paid to the state aforesaid, for the payment whereof, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators firmly by these presents.

Sealed with our seals, and signed by us, this of , A. D. eighteen hundred and

The condition of the above obligation is such that-
Whereas, the said

fied as constable of

day

has been duly elected and quali

of Ohio, for the term of one year from the

day of April, A. D. 18 and until his successor is elected or appointed and qualified.

shall faithfully and diligently dis

Now, if the said charge his duties as said constable, then this obligation will be void; otherwise, it will be and remain in full force and effect.

[SEAL.]

[SEAL.]

[SEAL.]

The sureties on the above bond, and

its amount, approved by us:

Trustees of said Township.

The State of Ohio,

Before me,

came

County,

Township, ss.:

clerk of said township, personally

who, being duly sworn according to law, says that he will support the constitution of the United States and the constitution of the State of Ohio, and that he will faithfully discharge his duties as constable of ship, county, Ohio, during his continuance in said office, and until his successor is chosen and qualified.

town

Sworn to before me, and signed in my presence, on this day of

A. D. 18

Township Clerk.

Though not required by the statute, it is the customary as well as the more convenient plan to have the bond and oath on the same paper, so that they may be filed and kept together.

Filing and record of bond.-When the bond has been given to the satisfaction of the trustees, the clerk must make an entry of the same, and file and record it in his office. 1506, 1516.

Vacancy. When a vacancy occurs in the office of constable, from any reason, the trustees must appoint a suitable person to fill the vacancy until the next annual election, and until a successor shall be elected and qualified. The constable so appointed must take a like oath, and give a like bond, to that which is required of constables in other In any case where there is no constable in a township, the constable of any adjoining township in the county may serve any process that the constable of the first mentioned township is now or may be authorized to serve by law. 6683, 6684.

cases.

How sureties may be released.—If the constable shall neglect or refuse, on demand made for that purpose by the person entitled thereto, his agent or attorney, to pay all moneys received by him in his official capacity, for the use of such person, any surety of the constable may give notice to the trustees of the refusal or neglect of the constable to pay over such moneys, and that he is unwilling to continue as security for such constable. 5839.

New bond must be required.-Upon the receipt of such notice, the trustees must immediately inform the constable in writing of the refusal of his surety to continue as such, and that he is required to give a new bond or undertaking, conditioned according to law. 5840.

Το

No. 18. FORM OF NOTICE TO CONSTABLE.

Constable of

Township:

upon

You are hereby notified that , surety your official bond, is unwilling, and has refused to continue as such. You are therefore required to give a new bond, conditioned according to law, within ten days from the receipt of this notice, to the satisfaction of the trustees of said township, or your office will be considered

The foregoing notice should be served personally, and a copy thereof returned to the clerk, with the statement of the time and manner of the service, and the name of the person making such service noted thereon.

New bond operates as release.-If the constable gives the new bond, to the satisfaction of the trustees, within ten days after receiving such notice, the sureties upon the first undertaking must be released from all further liability thereon. 5840.

Vacancy caused by failure to give new bond.-If the constable fail to give a new bond within ten days after receipt of notice, such failure is to be deemed a resignation of the office, and the trustees must proceed to fill the vacancy, as in other cases. 5840.

Duty to release in such case.-It is to be observed that the foregoing provisions as to sureties provide for their release in one contingency only, that of a refusal or neglect of the constable to pay over moneys received by him in his official capacity, to the proper person; but if that contingency arises, the trustees, upon proper notice being

given, have no discretion, and must release the sureties in the manner provided.

There is, however, another and similar provision whereby the sureties may apply for release for any reason which they may deem sufficient. In that case, it seems to rest in the discretion of the trustees to determine whether they will require new or other sureties, and release those on the exist ing bond.'

To post up warrant for election.--Upon receipt of the warrant to notify the electors of the annual meeting, the constable must set up copies of the same in at least three public places in the township, at least ten days before the time specified for such meeting. 1446.

To serve copies of election list.-Upon receipt from the clerk of the list of officers elected at the township election, it is the duty of the constable to forthwith serve each of the persons specified with a notice of his election, requiring him to appear before a justice of the peace or the township clerk within ten days from that date to take the oath of office.

1453.

Manner of service.-A copy of the list is required to be served on each of the persons elected personally, and the original list returned to the clerk, with the time and manner of service noted thereon. 1453.

Compensation of constable.-The trustees must allow the constable a reasonable compensation for serving notices and publishing the warrant above mentioned, to be paid out of the treasury, on the order of the trustees, attested by the clerk. 1534.

In cities.-The office of constable does not cease to exist when a township becomes part of a city or village; but the city or village council in general perform the functions of the trustees, and the clerk's duties are performed by the clerk of the corporation. 1623, 1625.

1

Entitled to copy of laws.-The constable is entitled to

See ante, Chap. IV.-" BONDS."