be recovered by action of debt, before any jus tice of the peace for the township in which the offence shall be committed. Sec. 4. And be it further enacted, That the expense accruing under the provisions of this act, shall be paid out of the respective county treasuries, on the order of the commissioners. This act to be in force from and after the Commence first day of July next. EDWARD TIFFIN, Speaker of the house of representatives. THOMAS KIRKER, ment January 22, 1811. Speaker of the senate. CHAPTER LXXV. An act securing the benefit of the writ of Habeas Judges to issue habeas Sec. 1. Be it enacted by the general assembly the state of Ohio, That if any person, except persons convicted of some crime or offence, corpus for which they stand committed, or persons committed for treason or felony, the punishment whereof is capital, plainly and specially expressed in the warrant of commitment, now is or shall be confined in any gaol of this state, or shall be unlawfully deprived of his or her liberty, and shall make application, either by him or herself, or any person on his or her behalf, to any one of the judges of the supreme court, or president or associate judges of the court of common pleas, and does at the same time produce to such judge a copy of the commitment, Duty of officers to or cause of detention of such person, or if the person so imprisoned or detained is imprisoned or detained without any legal authority, upon making the same appear to such judge, by oath or affirmation, it shall be his duty forthwith to allow a writ of habeas corpus, which writ shall be issued forthwith by the clerk of the supreme court, or court of common pleas, as the case may require, under the seal of the court, whercof the person allowing such writ is a judge, directed to the proper officer, or person or persons who detains such prisoner. Sec. 2. BE it further enacted, That it shall be the duty of the officer or person to whom whom writ such writ shall be directed, to convey the peris directed rected, s son or persons, so imprisoned or detained, and named in such writ, before the judge allowing the same, or in case of his absence or disability, before some other judge of the same court, on the day specified in said writ, and shall make due return of the said writ, together with the day and cause of the caption and detention of such person, according to the command thereof. Discretion ary power of judges Sec. 3. BE it further enacted, That when the said judge shall have examined into the cause of caption and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from said confinement; and in case the person or persons applying for said writ, shall be confined. or detained in a legal manner, on a charge of having committed any crime or offence, the said judge shall, at his discretion, commit, discharge or let to bail, such person or persons; and if the said judge shall deem the offence bailable, on the principles of law, he shall cause the person charged as aforesaid, to enter into recogni zance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offence charged considered, conditioned for his appearance at the next court, where the offence is properly cognizable; and said judge shall certify his proceedings, together with the recognizance, forthwith to the proper court, and if the person or persons charged as aforesaid, shall fail to enter into such recognizance, he or they shall be committed to prison by such judge. Persons re fusing to Sec. 4. Be it further enacted, That if any person to whom such writ of habeas corpus obey said shall be directed as aforesaid, shall neglect or writ how refuse to obey, or make return of the same, punished according to the command thereof, or shall make a false return of said writ, or upon demand made by the prisoner, or any person on his or her behalf, shall refuse to deliver to the person demanding, within six hours after the demand thereof, a true copy of the warrant or commitment and detainer of such prisoner, every person so offending shall, for the first offence, forfeit to the party aggrieved, the sum of two hundred dollars; and for the second offence, four hundred dollars, and shall, if an officer, be ineapable to hold his said office." Sec. 5. Be it further enacted, That if any Blerk of the supreme court, or court of common Continued pleas, shall refuse to issue such writ, after allowance and demand made as aforesaid, he shall forfeit to the party aggrieved the sum of five hundred dollars. Sec. 6. BE it further enacted, That any Persons set person who shall be set at large upon any ha. at large not beas corpus, shall not be again imprisoned for soned for to be impri the same offence, unless by the legal order or the same offence Persons in process of the court, wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offence; and if any person shall knowingly, contrary to this act, re-commit or imprison, or cause to be recommitted or imprisoned for the same offence, or pretended offence, any person so set at large, or shall, knowingly, aid or assist therein, he shall forfeit to the party aggrieved five hundred dollars, any colorable pretence or variation in the warrant or commitment notwithstanding. Sec. 7. BE it further enacted, That if any eustody not person of this state shall be committed to prison, or in custody of any officer, for any criminal other place matter, such prisoner shall not be removed there. to be remov ed to any Accessories how dealt with Persons not to be sent out of this from into the custody of any other officer, unless by legal process, or where the prisoner shall be delivered to some inferior officer to carry to gaol, or shall by order of the proper court be removed from one place to another, within the state, for trial, or in case of fire, infection or other necessity; and if any person after such commitment, shall make out, or sign or countersign any warrant for such removal, contrary to this act, he or she shall, for every such offence, forfeit to the party aggrieved five hundred dollars. Sec. 8. BE it further enacted, That where any person shall appear to be committed by any judge or justice, and charged as accessory before the fact, to any felony, the punishment whereof is capital, which felony shall be plainly and specially charged in the warrant of commitment, such person shall not be removed or bailed, by virtue of this act or in any other manner. than if this act had not passed, Sec. 9. Be it further enacted, That no citizen of this state, being an inhabitant or resident within the same, shall be sent prisoner to any in it. place whatsoever, out of this state, for any crime state for of or offence committed within this state, and every fences com such imprisonment is hereby declared to be ille- mitted with gal; and if any such citizen shall be so imprisoned, he may, for every such imprisonment, maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported, contrary to the intention of this act, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding or assisting in the same or any of them; and shall recover treble costs, besides damages, which damages so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid, in such illegal imprisonment or transportation, contrary to this act, and being thereof lawfully convicted, shall be disabled from thenceforth to bear any office of trust or profit within this state: Provided, That if any citizen of this state, or person or persons, at any time resident in the same, shall have committed or be charged with having committed any treason, felony or misdemeanor in any other part of the United States or territories, where he or she ought to be tried for such offence, he, she or they may be sent to the state or territory having jurisdiction of the offence. Proviso Sec. 10. Be it further enacted, That the pe- Penalties to nalties in this act made recoverable, shall be re- be for bene eovered by the party aggrieved, his or her exe- fit of party injured cutors or administrators, against the offender, his or her executors and administrators, by action of debt, in any court having cognizance of the same: Provided, That no person shall be sued or molested for any offence against this act, unless within two years after the time when such Proviso |