Auditor to issue bills. jurisdiction; and when such contract shall have been faithfully complied with on the part of the contractor or contractors to the satisfaction of the secretary, treasurer and auditor, the auditor is hereby authorised to issue bills in favor of such contractor or contractors, payable at the treasury of this state, out of any money not otherwise appropriated. JOHN POLLOCK, Speaker of the house of representatives. December 29, 1813. Speaker of the senate. in criminal cases, &c. CHAPTER XVII. An act defining the duties of justices of the peace and constables, in criminal and civil cases. Sec. 1. Be it enacted by the general assemJurisdiction bly of the state of Ohio, That the jurisdiction of Justices of justices of the peace, in criminal cases, within this state, shall be co-extensive with the counties where they may be respectively chosen and reside, and they shall be conservators of the peace throughout the same. And each justice of the Their power peace is authorised and required, on view or and duty Recogni zances to be taken and returned complaint made on oath, to cause any person charged with a crime or a breach of the laws of this state, to be arrested and brought before him or some other justice of the peace in said county; and such person to commit, discharge or let to bail, as the nature of the case may require, and recognize each witness, as the nature of the offence may require, conditioned that such witness shall attend, on the first day of the court next to be holden in the county before which the offender is to be tried, to give testi mony, and not depart the court without leave; and all recognizances thus taken shall be returned by the justice taking the same into the said court of common, pleas, in person, or cause the same to be transmitted to the prosecuting attorney of the proper county, or to the clerk of the proper court, at as early a time as may be convenient, before the sitting of such court. Sec. 2. BE it further enacted, That the fol lowing forms shall be pursued and adopted by the justices of the peace, as nearly as the nature of the case will admit of, on all criminal proceedings before any of them had, to wit: Form of an affidavit on which to issue a state warrant. county, ss. The state of Ohio, peace for Form of an personally came CD, who affidavit for at being duly sworn according to law, deposeth a state war and saith, that on (here describe rant the crime or offence) was perpetrated on the body or goods (as the case may be) of E F, of by a certain G H, late of [or thus] and that he verily believes that a certain G H, late of is guilty of the fact, or that he has been aiding and assisting in the commission thereof, and further this deponent saith not. Sworn and subscribed before me, at A B. Warrant for an assault. C D. The state of Ohio, county, ss. (L. S.) To any constable of greeting Whereas, complaint has been made before me, one of the justices of the peace in and for Form of an assault the county aforesaid, upon the oath of C D, of that E F of day of him, the said C D, at aforesaid, did on the violently assault and beat in the county afore said: These are therefore, in the name of the you, that you take the said E F, if he be found in your county or further jurisdiction, and him safely keep, so that you have his body forthwith before me or some other justice, to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal this state of Ohio, to command of 18 Form of a search warrant. The state of Ohio, county, ss. day A search (L. S.) To any constable in the county aforesaid, greeting: warrant Whereas, It appears to me, A B, one of the justices of the peace in and for said county, that the following goods and chattels, to wit: (here describe the property or articles) haye within days last past, by some person or perons unknown, been feloniously taken, stolen, and carried away out of the house, or from the premises, of C D, of the county aforesaid; and that the said CD doth on oath or affirmation declare, that he verily believes that the said goods, or a part thereof, are concealed in the dwelling house or out-house of E F, at in said county: These are therefore, in the name of the state of Ohio, to authorise and require you, with the necessary and proper assistance, to enter, in the day time, into the said house of the said E F, at aforesaid, and there diligently to search for the said goods and chattels ; and if the same, or any part thereof, be found upon such search, that you bring the goods so found, and also the hody of the said E F forthwith before me or some justice of the peace for said county, to be disposed of and dealt with according to law. of Given under my hand and seal this 18 day Form of a warrant for the peace or good beha, The state of Ohio, viour. (L. S.) To any constable of Whereas, A K, of viour. greeting: peace and hath this day made good beha oath before me, that he has been threatened by CD, of and is afraid that the said CD will beat or wound him, he being in fear of his life, whereupon he hath prayed surety of the peace against him: These are therefore, in the name of the state of Ohio, to command you to apprehend the said C D and bring him forthwith before me, or some other justice of the peace within and for said county, to find surety for his personal appearance at the next court of common pleas, and in the mean time to keep the peace, especially towards the said A K. Given under my hand and seal this day of 18 (L. S.) Be it remembered, that on the of in the year day Recogni Zance A B, C D and E F personally came before me, one of the justices of the peace for said county, and severally acknowledged to owe the state of Ohio, dollars each, to be levied on their goods and chattels, lands and tenements, to the use of said state, if default be made in the condition fol. lowing, to wit. The condition of this recogni Summons zance is such, that if the above bound A B shall personally appear at the next court of common pleas, to be holden in and for the county aforesaid, then and there to answer what at that time shall be objected against him, and abide the judgment of the court, and not depart with out leave, then this recognizance shall be void and of none effect, otherwise to remain in full force and virtue in law. Taken and acknowledged before me at [or if the recognizance should be to compel the attendance of witnesses in behalf of the state, the condition should run thus:] The condition of this recognizance is such, that if the aforesaid A B shall personally appear at the next court of common pleas, to be holden within and for said county, (or at the supreme court as the case may require) on the first day of the term, to give testimony on behalf of the state, and the truth to say, on such matters as may be then and there required of him or her, and not depart the court without leave. Taken and acknowledged before me at (L. S.) To any constable of county, ss. groeting: You are hereby commanded to summon to be and appear before me at forthwith, and there to give testimony, and the truth to say of and concerning a complaint made on behalf of the state against who is charged with having [here describe the offence] thereof you are in no wise to fail, under the penalty of one hundred dollars, and have you then and there this writ. Given under my hand and seal this day of 18 |