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over be liable to the action of the party injured, in double damages.

Sec. 40. That if any person shall wantonly, willfully or masiruction of or."

deliciously cut down, injure or destroy any living orramertal tree namental trees or trees, either planted or preserved as such, standing or grow

ing 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 pot 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.

Sec. 41. That if any person shall willfully and maliciously Demolishing

e 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 fisty 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 jail to becoinchasing meca

in 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, sball 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, lottery promote, make or draw publicly or privately, any lottery or or scheme of scheme of chance, of any kind or description, by whatever

s name, style, or title the same may be denominated or known; property by or if any person shall, by such ways and means, expose or set

Thereof to sale any house or houses, lapds 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 court.

Sec. 44. That if any person or persons shal) vend, sell, baracting 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;

or one or shall be in any wise concerned in such lottery or scheme of of this state 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 sball, upon conviction thercol, be fined in any sum not exceeding two hundred dol

lars, 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.

Sec. 45. That if any butcher or other person, shall know

cingly sell any unwholesome flesh of a deceased animal, or other some provisions" 5'.

unwholesome provision; he or she shall, upon conviction there, of, be fined in any sum not exceeding fifty dollars,

chance, or dis. posing of any

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Selling lottery tickete, or acting

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State

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serve warrant in

Sec. 46. That if any person shall build, erect, continue, or Producing arthkeep up any dun, or other obstruction, in any river or ficial ponds or

agnant waters stream of water in this State, and thereby raise an artificial stay poal, or produce stagnant waters, wnich shall be manifestly injurios to the public health and safety: every person so offen.lins shall, upoi convictioa thereof, be fined in any sum not exceeding tive handred dollars, at the discretion of the court; and the court shell, nurcover, order every such nuisance to be abated or removed.

Sec. 47. That when any warrant, legally issued by any ma- Constable gistrate in this State, in any criminal casc, shall be delivered neglecting to into the band of any cogstable to be executed, whose duty it crin

riminal Cases shall be to execute such warrant, it is hereby mide the duty of s'ich constable to serve the saune iin.nediately; and if such constable sul neglect or delay to serve an; such warrant, delivere ! lo hin 33 aforesaid, when in his power to serve the sane, cither alone or by calling !pon assistance, according to laiv, such constable shall, is the offence charged for which the warrant issue it be punishable with death or imprisonment in the penitentiary of this State, pon conviction thereof, be tined in any sin not exceeding five hundred dollars, or imprisoned in the county jiil teu days, or both, at the discretion of the court.

Sec. 43. That is any constable shall be guilty, as specified Constable in the precejing section, of neglect or delay in serving any neglecting to warrant, when the ofence charged for which such warrant

can which such wennant Ferve warrant in muy issue, be an offence not punishable by death or imprison- offences meat in the penitentiary; such constable sball, upon conviction thereof, baineal in any sin not exceeding one hundred dolJars, or inorisoned not exceeding ten days, or both, at the discretion of the court.

Sec. 43. That a conviction of either or the offences speci- Conviction. fie in the two prece ling sections of this act, shall be a forfei- forfeiture of ture of his olice of constable, and the sane shall immediately become vacant.

Sec. 57. That where any jail, in any county in this State, Where no cell in shall not have a cell or dinreon therein, then, and in that all. prishers

al confined in the c230, when the chirl shall sentence any person or persons room allotted to to imprisonment in the cell or dirgron of any jail, under the crimi provisions of this act, the person or persons so sentenced, shall he corfined in that part of the jail usually alloited to the confinement of criminals.

Sec. 51. That if any zberit or inilor, or any other person Sheriff · dealing having the care and custody of any jail, shall suffer any person with prisoner

less severely sentenced to solitary confinement, and to be fed on bread and wateronly, lo he 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 senle sce, sich sheriff or jailer) shall, up07 conviction thcreof, he finel in any sam not exceeding one Proviso inchise hundre i dollars: Provi lel, That nothing in this section shall be of stukness

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Sec. 52. That all prosecutions under the provisions of this Prosetcuions to e by indictment, act, shall be by indictment before the court or 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.

Sec. 53. That no person shall be indicted or prosecuted for Prosecution for any offence against the provisions of this act, except for the Jarceny barred in otteuce of larceny; for which the offender may be indicted and three years, other otonces in punished any time within three years from the commission of

the oitence; unless such indictment shall be found, or such prosecution commenced, within one year from the time such offence was committed.

Sec. 94. That ail fines and forfeitures incurred ander this Fines paid into act. shall be paid into the county treasury where the crime county treasury

was committed.

Sec. 55. That no bill of indictment for any offence specified Every indict.

dici in this act, shall be found a true bill by any grand jury, unless ment to be

and the name of the prosecutor be indorsed thereon, 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 aitorney, or the forcman 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 indorsed on the bill, instead of indorsing the name of the prosecutor.

Sec. 56. That in all cases where the prosecutor's came is O, indorsed, and the bill 101.d a true bill by the grand jury, and

opon trial we defendant is acquitted, the prosecutor shall be liable for costs; ciji the court, at the term at wbich such acguiltaisball take place, or at any subsequent term, shall render juduinen against such prosecutor for such costs, unless the court shall be or opinion that there were reasonable grounds for insuiucing the prosecution: in all such triais, the prosecutor may be admitted as a witness, and his credibility left to the Jury.

Sec. 57. That any person convicted of any offence against

lure provisions of this art, may be required by the court to ed under tiisari,

vis vi utis itt may ip rerer eller into a recognizance with sufficient security, in such sum

as the court may decm proper, to keep the peace and be of peace for 2 years

good behaviour, for such length of time, not exceeding two years, is the court shall direct; and the court may order such person iu stand committed until such order be complicd willi, or such person be otherwise uischarged by duc course oi lar.

Sec. 38. 'T bat an act, entitled "An act for the punistiment Acts repcried of certain citerces therein named," passed February the tenth,

cigbleen bundred and twcuts-four; and an act amendatory thereto, passed January the sixteenth, cighteca hundred and twenty-seven); and the act to prevent lotteries, passed Feliru

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ary the twenty-second, eighteen hundred and thirty; be, and the same are hereby repealed: Provided, That all offences, committed prior to tae taking effect of this act, shall be prose- fences commitcuted and punished, in the same manner as if this act had ted never been passed..

This act shall take effect and be in force from and after the first day of June nexi,

JAMES M. BELL,
Spealcor of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate. March 8, 1331.

AN ACT directing the mode of trial in criminal cases.

manded to pris

Sec. 1. Be il enacte'l by the General Assembly of the State of Ohis, That when any person shall have been committed to jail, Associate judges

to constitute an charged with the commission of any crime or offence, and wishes e to be Jischarged 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 baving met and heard the testimony, shall, at their Their powers discretion, discharge the accused, admit him or her to bail, or and duties remu to prison; and they shall have power to adjourn from day to day, during the examination.

Sec. 2. If suid court shall adjudge such prisoner ought to be held to bail, they shall recognize him or her in such sum and Prisoner may be

recornized and 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- hail shall be remon pleas in said courty; and in case the prisoner fails to give security, he or she shall be remande'l to prisoo: and in all cases where tlie prisoner is reminded 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 conmon pleas, to be hollen in and recognized for the county where such prisoner is to be tried.

Sac. 3. The examining couri, if the prisoner fails to give security, shall order their clerk to enter on the jornal, 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. ine given, ony ! rity as required by the examining court, any julge of the supreme court, or court of common pleas, may discharge him or her. Sec. 4. In all cases where a single judge may recognize a

“Single jndre re: prisoner, under the provisions of this act, he shall forthwith de-cozuizing posit with the clerk of the court of common pleas in said cognty, oper shall de na the recognizince so taken, and also a warrant directed to the vill

ha sit recognizance jailer, requiring bim to discharge the prisoner.

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Sec. 5. When any person, charged with the commission of Perron charged an offence, the punishnient whereof is capital, hath leen indicted

pohta elec, and arraigned before the court of common pleas, le or she, becrime may elect to he tried in fore pleading tberelo, 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 forth with 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 to supreme con't

court; which clerk shall docket the same, and the supreme court shall procced therein to trial and judgment.

Sec. 6. If the prisoner do riot eleci to be tried in the supreme Prisoner note

court, then the court of common pleas shall proceed to bis or ed in 8. C.sa'l her trial and judgment.

I in C. P. Sec. 7. The clerk of the supreme court or court of comVenire to issue mon pleas (where the tri:I may be) shall, at the instance of the for 36 jurors ha prosecuting attorney, make out a venire facias, directed to the cations of elec. Sem

sheriff, commanding him to summon thirty-six jorors, having the qualifications of electors, being liouscholders, to appear before

the respective courts according to the exigency of the writ; but In supreme couri where the cause is removed to the supreme court, the venire venire to be ser. ver thre days shall be served at least three days before the commencement of beforo the term the term, and in all cases the sheriff shall return a pannel of the

names of the jurors.

Sec. 8. In all cases where a defendant shall clect to be to he tried in su tried in the supreme court, under the provisions of this act, the preme court, court before whom such election is made, shall, at the instance witnesses to he recognized 40"*of the prosecuting attorney, or defendant, recognize all witnesses appear there in attendance to appear before the supreme court for said coun

ty, on the first day of the next term thereof, and vot depart without leave.

Sec. 9. Every person indicted for any offence, the punishPeremplory chal ment whereof is capital, and who has pleaded rot guilty, shall lenge of 23 ju. i

pitai be admitted to challenge twenty-three of the jurors peremptorily.

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 painel in certain whereof is capital, at least twelve hours before the trial; and in

all cases where the punishment of the offence iş imprisonment in the penitentiery, the accused stall be surrished with a copy of the indictment, at least twelve hours before trial.

Ser. 11. Each prosecuting attorney and de!endant shall have Jurors may he helikort, of challenging challenged for!

the liberty of challenging jurors for cause, the validity of wbich cause

the court shell try.

Ser, 12. The jurors summoned as herein provided, or such Pannel may le of them as are not set aside on challenge, togetl'er with so many

0? tl.e ly-standers. Having the qualifications aforesaid, as will make up the number of twelve, or if the whole array be set

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