Malicious namental de over be liable to the action of the party injured, in double damages. Sec. 40. That if any person shall wantonly, willfully or mastruction of or liciously cut down, injure or destroy any living orramer tal tree trees or trees, either planted or preserved as such, standing or growing on any common or public ground, or on any street, alley, side walk, avenue or promenade: every such person so offending shall, on conviction thereof, be fined in any sum not more than one hundred dollars, nor less than five dollars; and shall moreover be liable to the action of the party injured, in double damages. Demolishing mile stones, etc Jailer suffering become Making or draw or scheme chance, or dis property by Sec. 41. That if any person shall willfully and maliciously demolish, throw down, alter or deface any mile stone, mile board or guide board, on or at the fork of any public road; every person so offending shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars, or be imprisoned not exceeding ten days, or both, at the discretion of the court. Sec. 42. That if any sheriff or jailer, or any other person having the care and custody of any jail, shall suffer the same to become foul or unclean, so that the health of any prisoner may be endangered; such sheriff, jailer or other person, shall be liable to indictment, and, on conviction, shall be fined in any sum not exceeding one hundred dollars. Sec. 43. That if any person shall open, set on foot, carry on, ing any lottery promote, make or draw publicly or privately, any lottery or of scheme of chance, of any kiud or description, by whatever posing of any name, style, or title the same may be denominated or known; or if any person shall, by such ways and means, expose or set thereof to sale any house or houses, lands or real estate, or any goods or chattels, cash or written evidences of debt, or certificates of claims, or any thing or things of value whatever: every person so offending shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars, at the discretion of the Ineaus Selling lottery lottery to drawn in or out of this State court. Sec. 44. That if any person or persons shall vend, sell, bartickets, or acting ter or dispose of any lottery ticket or tickets, order or orders, as agent for any for any number or shares in any lottery or scheme of chance; out or shall be in any wise concerned in such lottery or scheme of chance, by acting as agent in this State, for or on behalf of any such lottery or scheme of chance, to be drawn or paid either out of, or within this State: every person shall, upon conviction thereof, be fined in any sum not exceeding two hundred dollars, at the discretion of the court: Provided, That nothing in Proviso as to lot this act contained, shall be so construed as to prevent the drawby law of this ing or sale of any lottery tickets of lotteries authorized by any law of this State. teries authorized State Selling unwhole Some provisions Sec. 45. That if any butcher or other person, shall knowingly sell any unwholesome flesh of a deceased animal, or other unwholesome provision; he or she shall, upon conviction there, of, be fined in any sum not exceeding fifty dollars, stagnant waters Sec. 46. That if any person shall build, erect, continue, or Producing art keep up any dam, or other obstruction, in any river or ficial ponds or stream of water in this State, and thereby raise an artificial poal, or produce stagnant waters, which shall be manifestly injurious to the public health and safety: every person so of fending shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, at the discretion of the court; and the court shill, moreover, order every such nuisance to be abated or removed. to serve warrant in criminal casés Sec. 47. That when any warrant, legally issued by any ma- Constable gistrate in this State, in any criminal case, shall be delivered neglecting into the band of any constable to be executed, whose duty it shall be to execute such warrant, it is hereby made the duty of such constable to serve the same in.nediately; and if such constable shall neglect or delay to serve any such warrant, delivere to him as aforesaid, when in his power to serve the same, either alone or by calling upon assistance, according to law, such constable shall, if the offence charged for which the warrant issued be punishable with death or imprisonment in the penitentiary of this State, upon conviction thereof, be ined in any san not exceeding five hundred dollars, or imprisoned in the county jul tea days, or both, at the discretion of the court. to serve warrant in Sec. 43. That if any constable shall be guilty, as specified Constable in the preceding section, of neglect or delay in serving any neglecting warrant, when the offence charged for which such warrant cases of minor may issue, be an offence not punishable by death or imprison- offences ment in the penitentiary; such constable shall, upon conviction thereof, be fined in any sun not exceeding one hundred dollars, or imprisoned not exceeding ten days, or both, at the discretion of the court. Sec. 49. That a conviction of either of the offences speci- Conviction, fied in the two preceding sections of this act, shall be a forfei- forfeiture ture of his office of constable, and the same shall immediately become vacant. office a of prisoners Sec. 50. That where any jail, in any county in this State, Where no cell in shall not have a cell or dungeon therein, then, and in that confined in the case, when the court shall sentence any person or persons room allotted to to imprisonment in the cell or dungeon of any jail, under the criminals provisions of this act, the person or persons so sentenced, shall he confined in that part of the jail usually allotted to the confinement of criminals. less prisoner severely sentence Sec. 51. That if any sheriff or jailer, or any other person Sherif: dealing having the care and custody of any jail, shall suffer any person with sentenced to solitary confinement, and to be fed on bread and than water only, to be dealt with in a manner less severe than that warrants intended by the sentence, or to be fed with food different from that intended by the sente ice, [sach sheriff or jailer] shall, up on conviction thereof, be fined in any sum not exceeding one Proviso in case hundred dollars: Provilel, That nothing in this section shall be of sickness Prosetcuions to so construed [as] to prevent medical aid from being afforded to any sick or disabled prisoner. Sec. 52. That all prosecutions under the provisions of this be by indictment, act, shall be by indictment before the court of common pleas in the county where the offence shall have been committed, except in cases otherwise provided for by this act; and all persons imprisoned under the same, shall be imprisoned in the jail of the proper county. years, Sec. 53. That no person shall be indicted or prosecuted for Prosecution for any offence against the provisions of this act, except for the larceny barred in offence of larceny; for which the offender may be indicted and other offences in punished any time within three years from the commission of the offence; unless such indictment shall be found, or such prosecution commenced, within one year from the time such of fence was committed. one Sec. 54. That all fines and forfeitures incurred under this Fines paid into act, shall be paid into the county treasury where the crime was committed. county treasury tor liable casts, etc. indict. be Sec. 55. That no bill of indictment for any offence specified in this act, shall be found a true bill by any grand jury, unless and the name of the prosecutor be indorsed thercon, except such bill be found upon testimony, sworn and sent to the grand jury by order of the court, at the request of the prosecuting attorney, or the foreman of the grand jury; in which case, the fact that the bill was found upon testimony sworn, and sent to the grand jury by order of the court, shall be immorsed on the bill, instead of indorsing the name of the prosecutor. Sec. 56. That in all cases where the prosecutor's name is When prosecu indorsed, and the bill fond a true bill by the grand jury, and upon triad the defend int is acquitted, the prosecutor shall be liable for costs; and the court, at the term at which such ac quittal shall take place, or at any subsequent term, shall render judgment against such prosecutor for such costs, unless the court shall be of opinion that there were reasonable grounds for insulating the prosecution: in all such trials, the prosecutor may be admitted as a witness, and his credibility left to the jury. ed under this art, peace for 2 years Sec. 57. That any person convicted of any offence against Persons convict the provisions of this act, may be required by the court to may be recome citer into a recognizance with sufficient security, in such sum zed to keep the as the court may deem proper, to keep the peace and be of good behaviour, for such length of time, not exceeding two years, as the court shall direct; and the court may order such person to stand committed until such order be complied with, or such person be otherwise discharged by due course of law. Sec. 58. That an act, entitled "An act for the punishment Acts repeated of certain offences therein named," passed February the tenth, eighteen hundred and twenty-four; and an act amendatory thereto, passed January the sixteenth, eighteen hundred and twenty-seven; and the act to prevent lotteries, passed Febru MODE OF TRIAL IN CRIMINAL CASES. 155 Proviso as to of ary the twenty-second, eighteen hundred and thirty; be, and This act shall take effect and be in force from and after the first day of June next, JAMES M. BELL, Speaker of the House of Representatives. ted commit Speaker of the Senate. AN ACT directing the mode of trial in criminal cases. to constitute an Sec. 1. Be it enactel by the General Assembly of the State of Ohio, That when any person shall have been committed to jail, Associate fudges charged with the commission of any crime or offence, and wishes examining court, to be discharged from such imprisonment, the sheriff or jailer, how convened at the request of said person, shall forthwith give the associate judges, clerk and prosecuting attorney of the county, at least three days' notice of the time of holding an examining court, whose duty it shall be to attend according to such notice: and the judges having met and heard the testimony, shall, at their Their powers discretion, discharge the accused, admit him or her to bail, or and duties remand to prison; and they shall have power to adjourn from day to day, during the examination. recorized and manded to pris on Sec. 2. If said court shall adjudge such prisoner ought to be held to bail, they shall recognize him or her in such sum and Prisoner may be with such security, as they shall deem suficient, conditioned for failing to give such person's appearance at the next term of the court of com- bail shall be remon pleas in said county; and in case the prisoner fails to give security, he or she shall be remanded to prison: and in all cases where the prisoner is remanded or held to bail, the court shall recognize the witness or witnesses on the part of the State, to Witnesses to be appear at the next court of common pleas, to be hollen in and recognized for the county where such prisoner is to be tried. the amount of Sec. 3. The examining court, if the prisoner fails to give security, shall order their clerk to enter on the journal, in what Court may order sun, and with what securities, he or she may be recognized; bail, which be and at any time thereafter, upon the prisoner giving such secu ing given, any? rity as required by the examining court, any judge of the su- rate preme court, or court of common pleas, may discharge him or her. judge may libe Sec. 4. In all cases where a single judge may recognize a judge re prisoner, under the provisions of this act, he shall forthwith de-cozuizing pris posit with the clerk of the court of common pleas in said county, oner shall depor sit recognizance the recognizance so taken, and also a warrant directed to the with clerk, etc. jailer, requiring him to discharge the prisoner. with capita crime may elect to be tried in Enpreme court Sec. 5. When any person, charged with the commission of Person charged an offence, the punishment whereof is capital, hath been indicted and arraigned before the court of common pleas, le or she, before pleading thereto, shall be at liberty to declare whether he or she elect to be tried in the supreme court: and if the prisoner elect to be tried in the supreme court, the clerk of the court of common pleas shall truly record the indictment, and forthwith Clerk of court of make out a certified transcript of the same, with the proceedings send transcript of the court on such indictment, and deposit such transcript, with and Indictment, the original indictment, in the office of the clerk of the supreme court: which clerk shall docket the same, and the supreme court shall proceed therein to trial and judgment. common pleas to to supreme cow't Prisoner not e Sec. 6. If the prisoner do not elect to be tried in the supreme lecting to be tri. Court, then the court of common pleas shall proceed to his or ed in S. C. shall her trial and judgment. cations of elec. tors be tried in C. P. Sec. 7. The clerk of the supreme court or court of comVenire to issue mon pleas (where the trial may be) shall, at the instance of the for 36 jurors ha prosecuting attorney, make out a venire facias, directed to the ving the qualifi sheriff. commanding him to summon thirty-six jurors, having the qualifications of electors, being householders, to appear before the respective courts according to the exigency of the writ; but In supreme court where the cause is removed to the supreme court, the venire ved thre days shall be served at least three days before the commencement of the term, and in all cases the sheriff shall return a pannel of the names of the jurors. venire to be ser before the term Prisoner electing to be tried in su preme court, witnesses to he recognized to appear there Sec. 8. In all cases where a defendant shall elect to be tried in the supreme court, under the provisions of this act, the court before whom such election is made, shall, at the instance of the prosecuting attorney, or defendant, recognize all witnesses in attendance to appear before the supreme court for said county, on the first day of the next term thereof, and not depart without leave. Sec. 9. Every person indicted for any offence, the punishPeremptory chal ment whereof is capital, and who has pleaded not guilty, shall lenge of 23 i be admitted to challenge twenty-three of the jurors perempto ju rors i capita! cases to a copy of in rily. Sec. 10. A copy of the indictment and a copy of the pannel Prisoner entitled of the jury returned by the sheriff, shall be delivered to every dictment and person who may be indicted for an offence, the punishment panel in certain whereof is capital, at least twelve hours before the trial; and in cases Jurors may challenged for cause filled he all cases where the punishment of the offence is imprisonment in the penitentiary, the accused shall be furnished with a copy of the indictment, at least twelve hours before trial. Sec. 11. Each prosecuting attorney and defendant shall bave the liberty of challenging jurors for cause, the validity of which the court shall try. Sec. 12. The jurors summoned as herein provided, or such Pannel may be of them as are not set aside on challenge, together with so many anderwit by of the by-standers. Having the qualifications aforesaid, as will make up the number of twelve, or if the whole array be set |