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This act to take effect and be in force from and after the first

day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.
SAMUEL R. MILLER,
Speaker of the Senate.

March 1, 1831.

Sheriffs and coroners to

bond

quire additional

bonds

'Bonds to be re. corded

AN ACT defining the duties of Sheriffs and Coroners, in certain cases.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That every sheriff and coroner, shall, within ten days after they shall have received their commissions, give bonds to the give State of Ohio, with two or more securities, to be approved of by the court of common pleas, of the proper county, in any sum not exceeding twenty thousand nor less than three thousand dollars, at the discretion of the court, or of a majority of the associate judges, if the court of common pleas shall not be in session, conditioned for the faithful discharge of their respective duties: and the said court may, at any time during the continuance of such sheriff or coroner in office, require of them such furCourt may re ther and additional security as they may deem necessary; which bonds shall be lodged with the clerk of the court of common pleas, of the proper county, and shall be by him recorded in the book of records of the judgments of said court: and whenever it shall be necessary for any sheriff or coroner, to give bond during the vacation of the court of common pleas, it shall be competent for a majority of the associate judges of said county, to determine upon the sufficiency of the bond and surety aforesaid, who shall meet at the usual place of holding judicial courts, within said county, for the purpose aforesaid; and no judge, clerk, or attorney of any court, shall be received as surety for any sheriff or coroner; and if any sheriff or coroner Failing to give shall fail to give the necessary security within the time allowed by this act, he shall be taken and deemed to have resigned his said othce: Provided, That in all cases where the court may think proper, for good cause shown, to require additional security of the sheriff or coroner; upon their refusing to comply with such requisitions, the court is bereby authorized to declare the office of such sheriff or coroner vacant, and proceed accordingly.

Who shall not be security

bonds, office va

cant

Broviso.

Sheriffs preserve peace

shall

Sec. 2. That it shall be the duty of every sheriff, to preserve the the public peace; to cause all persons guilty of any breach thereof, within his knowledge or view, to enter into recognizance with sureties, for keeping the peace, and appearing at the suc ceeding term of the common pleas, of the proper county; and

to commit to jail, in case of refusal: and shall return a transcript of his proceedings, with the recognizance by him taken,

process

to the court aforesaid; and shall execute all warrants, writs and To execute warother process to him directed by the proper and lawful author-rants, writs and ity; and shall attend upon all courts of common pleas, and the supreme court of the county, during their session: and shall have power to call to his aid, in the execution of the duties herein and by law required, such person or persons, or power of the county, as may be necessary.

with crime, re

ab.

may

Sec. 3. That if any person or persons, who may be charged with the commission of a crime or offence, made punishable by Persons charged the laws of this State, shall abscond or remove from the county moving or in which such crime or offence be charged to have been com- sconding, be apprehended mitted, it shall be lawful for any sheriff, constable or other per- by sheriff, son, to apprehend the person or persons so charged, and forthwith remove him, her or them, to the county in which the alledged crime, may be said to have been committed, and deliver such person or persons, to any judge or justice of the peace, in said county; who shall cause the person or persons so delivered, to be dealt with as the law may direct: and it shall be the duty of the auditor of the county, to which such removal is made, to allow the officer or other person causing fees how paid such removal, all necessary disbursements and expenses, together with a reasonable compensation for his time and trouble; and the amount so allowed, shall be paid on the order of the auditor aforesaid, out of the county treasury.

Expenses

of prisoners

and

Liable to indict-. ment, &c., for

Sec. 4. That it shall be the further duty of the sheriff of To take charge every county, to take charge of all persons committed to prison, and see that they are safely kept and supplied with necessary sustenance, agreeable to law; and shall, by himself or dep Attend to the jail uty, at all times, attend to the jail of the county, for the purposes aforesaid: and if any sheriff shall refuse or neglect to perform the duties which, by law, he may be required to perform, neglect. he shall, upon conviction thereof, be fined in any sum not exceeding four thousand dollars, at the discretion of the court; to be recovered by indictment, to, and for the use of the county in Proviso which the offence shall have been committed: Provided, That the provisions herein contained, shall not extend to affect any remedy, which might otherwise be had against any sheriff, for an escape or neglect, upon civil process.

of adjoining

Sec. 5. That whenever any person charged with the commission of any offence, or who shall be arrested upon any civil process, or who may have been sentenced to suffer imprisonment, upon conviction, shall be in custody in any county having Prisoner may be no sufficient jail, the sheriff or coroner shall forthwith convey conveyed to ja the persons in custody, as aforesaid, to the jail of such adjoin- county; where, ing county, as, in the opinion of the officer, shall be the most &c. convenient and secure: and the said officer shall have authority to call such aid as may be necessary, in guarding and transporting such person so in custody; and if any person shall refuse or P

whence prisoner comes

issue for prisoner

neglect to render such necessary aid, when thereto required, he shall, upon conviction thereof, before any justice of the peace, within the county in which said offence shall have been committed, forfeit and pay for every such offence, the sum of ten dollars, to, and for the use of the county aforesaid: and the said sheriff or coroner, with the persons whom he may call to his assistance, for conveying any persons from one county to another, as aforesaid, as is in this section provided, and for returning such persons as is hereinafter provided, shall each receive a reasonable compensation for their services, at the discretion of the auditor of the county, from which such person shall have been removed; to be paid out of the treasury thereof, upon the order of the auditor aforesaid.

Sec. 6. That it shall be the duty of the sheriff of the county Jailor to be paid to which such prisoner shall be removed, as aforesaid, on being by county from furnished with a copy of the process or the commitment of such prisoner, to receive such prisoner into his custody: and he shall be liable for escapes, or other neglect of duty, in relation to such prisoner, as in other cases: and shall be paid out of the treasury of the county from which such prisoner shall have been removed, such fees as are allowed by law, in other cases; to be paid upon the order of the auditor of the county aforesaid. Sec. 7. That whenever any person charged with the comHabeas corpus to mission of any offence, shall have been removed for safe keeping, as aforesaid, it shall be the duty of the prosecuting attorney of the county, in which such person shall have been charged, at least ten days before the term of the court of common pleas, or supreme court, to which such person shall have been committed for trial, to file with the clerk thereof, a precipe, directing that a habeas corpus issue: and the said clerk shall, thereupon, issue such writ, directed to the sheriff, in whose custody said person so charged, shall be; who shall, upon the service thereof, by the sheriff of the county from which said person shall have been removed, deliver over such person to the said last named sheriff, who shall have the person so charged, beforc the said court, to be dealt with according to law.

write, goods, &c. to his successor or to coroner

Sec. 8. That whenever the term of office for which any Sher to deliver sheriff shall have been elected, has expired, or he shall have resigned or removed without the county, it shall be the duty of such late sheriff, to deliver over all writs of execution and all other process of whatever description, whether executed or not, together with all goods and chattels, which may have been by him taken in execution, or attached, and which may remain in his hands, together with all bonds, to such person as may have been elected and qualified to discharge the duties of sheriff; or if no such person shall have been elected and qualified, as aforesaid, then to the coroner of said county; making the necessary and proper returs upon each writ of execution, or other process, so far as the same shall have been executed: and also, to deliver over, as aforesaid, all prisoners in the jail of the coan

ty or otherwise in his custody, together with all bail bonds by him taken, and remaining in his possession: and the said new sheriff or coroner shall receive all such writs or other process, and proceed to execute the same or such of them as remain unexecuted in whole or in part, in the same manner as if such writs or other process, had been originally directed to him; and no "venditioni exponas," or other process, shall hereafter be dirested to, or executed by any sheriff whose term of office may have expired, as aforesaid: and in case the prisoners, writs, process, bail bonds, and property, shall have been delivered over, as aforesaid, to the coroner, by the former sheriff, his sureties, executors or administrators, it shall be the duty of the said coroner, his executors or administrators, to deliver over all such prisoners, writs, process, bail bonds, and property, to the new sheriff, in like manner, as is hereinbefore provided: and when any sheriff shall die during the period for which he shall have been qualified to act as such, it shall be competent for the executor, administrator or security of such sheriff, to deliver over to the coroner or such person as may be qualified to act as sheriff, within said county, in like manner, as is hereinbefore provided: and during the time when the office of sheriff shall be When office of vacant in any county, the coroner thereof shall be bound to per- coroner shall do form all the duties, and be vested with all the powers, of sheriff the duties of said county; and shall also execute process of every kind, to which the sheriff is a party or interested in the suit.

Sec. 9. That whenever information shall be given to any

sheriff is vacant,

coroner, that the dead body of any person supposed to have Death by vio come to his or her death by violence, has been found within lence, coroner to his county, it shall be the duty of such coroner to issue bis summon jury warrant, directed to any constable of the county in which such body shall be found, or, if in his opinion, the emergency shall require, to any discreet person of the county, forthwith to summon a jury of twelve men of the county, having the qualifications of electors, to appear at the place where the dead body shall be, at the time specified in said warrant, to inquire concerning the same; and the constable shall forthwith execute and return the same according to the command thereof: and the said coroner shall administer an oath or affirmation to the jurors aforesaid, of the form and effect following, to wit: You Jurors' oati do solemnly swear or affirm, (as may be proper,) that you will diligently inquire, and true presentment make, according to the best of your understanding, in what manner, and by whom, the deceased, whose body is here present, came to his or her death, (as may be proper,) and that you will deliver to me a true inquest thereof, in writing, and by you severally subscribed, without unnecessary delay, according to the evidence which shall be submitted: and the coroner shall have power to issue subpoenas for such witnesses as to him shall appear proper, Subpoenas may and shall have power to administer to the said witnesses such issue oath or affirmation as is usual in other cases: and the jury afore

Proceedings

to

said, having been impanneled and sworn aforesaid, with the said coroner, shall proceed to inquire in what manner the deceased came to his death; and if by violence, from any other person or persons, by whom, whether as principals or accessories, before or after the fact, together with all the cir cumstances in relation thereto; and the testimony of the witnesses shall be reduced to writing, and by them respectively subscribed, and shall, with the inquisition and recognizances hereinafter directed, if any, be by him returned to the court of common pleas of the proper county: and it shall be the duty of the coroner, if in his discretion he shall adjudge it necessary, to cause the witnesses attending as aforesaid, to enter into recognizance, in such reasonable sum as may be proper, conditioned for their appearance at the succeeding term of the court of common pleas for said county, to give testimony of and concerning the subject matter aforesaid: and the said coroner may, if he shall deem it necessary, require of the witnesses, or Witnesses may any of them, to give security for their attendance as aforesaid: recognized and if the said witnesses, or any of them, shall neglect to enter

be returned court

be

to

into recognizance and give the necessary security, if required, it shall be the duty of the said coroner, to commit any person so neglecting, to the prison of the county, there to remain until discharged by due course of law.

Sec. 10. That it shall be the duty of the said jurors to draw Verdict to be in up their verdict of the facts by them found, in writing, and sewriting and sign verally subscribe the same, and make return thereof to the said

coroner without delay: and if it shall be returned by the jurors aforesaid, that the deceased came to his or her death by force or violence, and by any other person or persons, and if the persons so charged, or any of them, shall be there present, it shall be the duty of the said coroner to arrest such person or persons, and convey him or them immediately before a proper officer for examination; and if the said persons, or any of them, shall not be present, it shall be the duty of the said coroner Person may be forthwith to inform one or more justices of the peace, and the prosecuting attorney, if within the county, of the facts so found, in order that the persons may be immediately dealt with according to law.

arrested

Fines upon offi

cers who neglect duty

Sec. 11. That every constable, or other person, who may have been appointed as aforesaid, who shall fail to execute any warrant to him directed, as aforesaid, he shall forfeit and pay a fine of fifty dollars; and every person who may have been summoned to attend as a juror aforesaid, and who shall fail to attend, shall pay a fine of five dollars; in either case, to be recovered upon the complaint of the said coroner before any court having jurisdiction thereof: and every coroner who shall refuse or neglect to perform any of the duties herein required of him, he shall forfeit any sum not exceeding two thousand dollars, at the discretion of the court, to be recovered by indictment in the court of common pleas of the county in which the

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