aside, twelve of such by-standers, having the qualifications aferesaid, as may not be set aside on challenge, shall be a lawful jury for the trial of the prisoner. dicted at first etc. Sec. 13. When any person committed for any offence, the punishment whereof is capital, shall desire to be brought to trial in capital cases before the end of the term next ensuing after his or her commit- prisoner not inment, and no indictment is found against him or her at that term, term shall be dis the court shall discharge such prisoner; unless it appear by ath-charged, unless, davit that the witnesses against him or her cannot be produced in time, or where there is evident guilt, or strong presumption of the guilt of the prisoner: and in all cases of imprisonment for other offences, the court may, in their discretion, discharge the In other cases prisoner, or require him or her to enter into recognizance in such court may dis sum, with good and sufficient security, as the court shall think reasonable, conditioned for the appearance of the prisoner before such court, at the next term thereof. charge of recog. nize Court to assign conese to indi Sec. 14. The court before whom any person shall be indicted, is hereby authorized and required to assign such counsel, not exceeding two, as he or she shall desire, if the prisoner has not the gent prisoner ability to procure counsel; and they shall have free access to the prisoner at all reasonable hours. ing mute, how Sec. 15. If any person indicted for any offence whatever, on being arraigned on such indictment, shall stand mute, a jury Prisoner standshall forthwith be impanneled to try and say whether such per- court shall proson stands mute, obstinately and on purpose, or by the act of ceed God; and if they return their verdict that such person stands mute by the act of God, the court shall remand the prisoner to jail, and shall not proceed against him or her until he or she shall have recovered therefrom: but if the jury find that such person stands mute obstinately and on purpose, then the court shall direct the plea of not guilty to be entered upon the indictment against such person; and in cases where the person indicted refuses to plead or answer to such indictment, the court shall direct the like plea of not guilty to be entered on the indictment: and in all these cases the court shall proceed to the trial of such persons in the same manner as though they had voluntarily pleaded the same plea to said indictment. Prisoner to be Sec. 16. All criminal cases shall be tried in the county where the offence was committed, unless it shall appear to the tried in county court by affidavits, that a fair and impartial trial cannot be had; where crima is in which case, the court before whom the cause is pending committed, unre may direct the person accused to be tried in some adjoining shal direct a county. 108 the court change of venue When vente is changed, trial to as in other cases, but Sec. 17. When the venue is changed to an adjoining county, in a criminal case, the clerk of the proper court thereof, after having received the original indictment and a certified transcript proceed of the proceedings thereon, shall issue a venire facias in the same resis to be paid manner as is directed by the provisions of this act; and the trial by county where shall be conducted in all respects as if the offender had beer it-ime was com dicted in the county to which the venue is changed: Provided, mitted That the costs accruing from a change of the venue shall be paid by the county in which the offence was committed. Sec. 18. When a court has ordered a change of venue, they When venue is shall issue a warrant, directed to the sheriff, commanding him changed, court safely to convey the prisoner to the jail of the county where he To remove pris- or she is to be tried, there to be safely kept by the jailer thereof until discharged by due course of law. to issue warrant oner Winesses to be Sec. 19. When a change of venue is allowed, the court shall recognized to recognize the witnesses on the part of the State, to appear beapoear in county fore the court in which the prisoner is to be tried. where prisoner is to be tried Sec. 20. When any person charged with the commission of any bailable offence shall be confined in jail, whether commitPerson committed by warrant under the hand and seal of any judge or justice offence may be of the peace, or by the sheriff or coroner, under any capias upon let 10 bail by indictment found, it may be lawful for any judge of the supreme ted for bailable single judge court, or president judge of the court of common pleas within his circuit, or associate judge within his county, to admit such person to bail, by recognizing such person in such sum, and with such sureties, as to him shall seem proper, conditioned for his or her appearance before the proper court, to answer the offence wherewith he or she may be charged; and for taking such bail, the judge may, by his special warrant, under his hand and seal, require the sheriff or jailer to bring such accused person before him at the court house of the proper county, at such time as in said warrant the judge may direct. Sec. 21. In all cases where any person or persons, indicted Supreme court in the court of common pleas for an offence, the punishment to pass sentence whereof is capital, shall be tried in the supreme court, and found finding of the guilty of a less offence, the supreme court shall nevertheless pro according to the Jury witnesses may of the State ceed to pronounce against such prisoner the sentence affixed by law to the offence whereof he or she may be found guilty. Sec. 22. In all prosecutions for crimes and offences, it shall Subpoenas for be the duty of the clerk to issue writs of subpoena for any perissue to any part son within this State, whose testimony may be deemed material on the trial: and it shall [he] lawful for the officer to whom such writ is directed, or his deputy, to serve the same in any county; or such officer, by writing indorsed on such writ, may depute any disinterested person to serve the same. Sec. 23. If such subpoena be served by such special deputy, Service of sub- it shall be his duty, after serving the same, to return thereon poena by special the manner in which the same was served; and also to make deputy to he vêrified by oath oath or affirmation to the truth of said return, before some person competent to administer oaths; which shall be indorsed on such writ: and the same shall be returned according to the com nani thereof, by the person serving the same, through the post office, or otherwise. Subpoena may be returned by mail Sec. 24. Witnesses summoned by order of the prosecuting Fres of witnes attorney, or defendant, or who have been recognized to appear ses in criminal at court, and attending courts, in criminal cases, the punishment whereof is capital, or imprisonment in the penitentiary, cases WRITS OF ERROR IN CRIMINAL CASES. shall be allowed the following fees, to wit: Those residing out of the county where the trial is to be had, seventy-five cents per day, for each day he or she shall actually attend the court, under such summons or recognizance, and seventy-five cents for each twenty-five miles traveling to and from said court; and those residing within such county, the sum of fifty cents per day, for each day's actual attendance under a summons or recognizance, as aforesaid: and in all other cases, where the pun-, ishment is less than imprisonment in the penitentiary, the fees for witnesses attending courts under a summons or recognizance, whether residing in or out of the county, shall be fifty cents. per day for each day's attendance at court. 159 Sec. 25. The fees allowed by the previous section, shall be rees of witnes paid by the county treasurer, on the order of the county audi- ses how paid tor; and where a defendant is convicted of an offence not punishable capitally, or with confinement in the penitentiary, judg ment shall be rendered against the defendant for the costs of all the witnesses; which, when collected, shall be paid into the county treasury: and where a defendant is convicted of an of fence punished capitally, or with confinement in the peniten- To be taxed in tiary, the costs of all the witnesses shall be charged in the bill cost bill of costs, and paid in the same manner and from the said fund, that other costs are paid in like cases. Sec. 26. The act, entitled "An act pointing out the mode of trying criminals," passed January sixth, eighteen hundred Acts repealed and twenty-four; and an act, entitled "An act supplementary to the act pointing out the mode of trying criminals," passed December twenty-seven, eighteen hundred and twenty-four; are hereby repealed. This act shall be in force from and after the first day of June next. 1 JAMES M. BELL, SAMUEL R. MILLER, March 7, 1831. AN ACT to allow writs of error in criminal cases. pital, writs of error may Le Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in criminal cases not punishable with death, writs of tn cases not vaerror may, on good rause shown, be allowed on the application of the defendant, by the supreme court, or any judge thereof in allowed by 8. C.. vacation, as in civil cases; and in criminal cases punishable with In capital cases, death, writs of error may be allowed on a le application, by said by court, or two court when in session, in open court, or by any two judges there. Judges of in vacation: or any judge cases, to suspend Sec. 2. That in all cases of conviction, when the punishment Court allowing shall be capital, the judges or court allowing such writ of error, error in capital shall order a suspension of the execution, until such writ of error shall be heard and determined; and upon hearing of such writ of error, they shall order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the execution of the sentence, as the nature of the case may require. execution, etc. On hearing, how to proceed may be returna Sec. 3. That in all cases of conviction, where the punishment Writ of error shall be capital, or by imprisonment in the penitentiary, the court, ble forthwith, or judge or judges, allowing such writ of error, may order the same to the court in to be made returnable forthwith, before said supreme court, wherever they may be sitting, or before said supreme court at their next session in bank; and shall also order à suspension of the execution of such sentence. bank In other cases may he recogniz ed, etc. Condition of recognizance Sec. 4. That in all other cases, not provided for by the second or third sections of this act, the court or judge allowing when writ is at such writ of error, may order a suspension of the execution of 1 wed, defendant the sentence upon the defendant, on his or her entering into a recognizance, before the clerk of the court of common pleas where such cause was tried, with at least two good and sufficient securities, to be approved of by said clerk, in such sum as shall be specified in the order of the court or judge allowing such writ of error; which recognizance shall be conditioned for the defendant's prosecuting said writ of error to effect, and surrendering himself or herself to the custody of the sheriff of the county in which such conviction was had, in case the judgment of the court of common pleas shall not be reversed, or a new trial be ordered. Sec. 5. That in all cases where a defendant shall feel himExceptions may self or herself aggrieved, by any decision of the court of common be taken to the pleas, he or she may present his or her bill of exceptions to such Court as in civil decision; and it shall be the duty of such court to sign and seal the same, in manner and form as is now provided by law in civil cases: and such bill of exceptions, when signed and sealed, shall be made a part of the record, and shall have the same force and effect as in civil cases. opinion of the cases committed to the Sec. 6. That when any defendant has been committed to the If defendant be penitentiary of this State, and the judgment, by virtue of which penitentiary and the commitment is made, shall be reverse on a writ of error judzment re- allowed under the provisions of this act, by which reversal the defendant shall be entitled to his or her discharge, or to a new trial, the clerk of the court reversing said judgment, shall, under the seal of the court, forthwith certify the same to the keeper of the penitentiary. versed, clerk, shall certify the me to the Reeper Sec. 7. That said keeper, on receipt of such certificate, in Reener to die case a discharge of such defendant be ordered, shall immediately charre prisoner discharge such defendant from the penitentiary. Ar if new tria! Sec. 8. That in case a new trial be ordered, the keeper of be ordered, to the penitentiary shall forthwith cause said defendant to be taken convey prisoner and conducted to the conaty, and committed to the custody of where convited the sheriff or jailer thereof, in which said defendant was convict o the county PREVENTION OF IMMORAL PRACTICES. ed, according to the provisions of the "Act making provision for earrying into effect the act for the punishment of crimes." Sec. 9. That the act, entitled "An act allowing writs of error in criminal cases," passed on the 28th of January, 1829, be, and the same is hereby repealed. JAMES M. BELL, Speaker of the Senate. 161 Act repealed March 7, 1831. AN ACT for the prevention of certain immoral practices. Sec. 1. Be it enacted by the General Assembly of the State of Sabbath breakOhio, That if any person of the age of fourteen years or up ing, how pun wards, shall be found on the first day of the week, commonly call-ished ed Sunday, sporting, rioting, quarreling, hunting, fishing, shooting, or at common labor, (works of necessity and charity only excepted,) he or she shall be fined in a sum not exceeding five dol lars, nor less than one dollar: Provided, Nothing herein contained shall be construed to extend to those who conscientiously do observe the seventh day of the week as the sabbath; nor to prevent families emigrating, from traveling; watermen from landing their passengers; superintendents or keepers of tollbridges, from attending and superintending the same; or ferrymen from conveying travelers over the waters, or persons removing their families, on such days. Excepted cases Sunday Sec. 2. That if any tavern keeper or other person shall sell Selling spiritor barter any spirituous liquors on the first day of the week, uous liquore on commonly called Sunday, (except to travelers on a Sunday,) [journey;] such tavern keeper or other person so offending, shall be fined in a sum not exceeding five dollars. societies Pleas or Justise Sec. 3. That if any person or persons shall at any time in- Disturbing terrupt or molest any regious society, or any member thereof; religious or any persous when meeting or met together, for the purpose of worship, or performing any duties enjoined on, or appertaining to, them, as members of such society: the person or persons so offending shall be fined in any sum not exceeding twenty dollars: and any judge of the court of common pleas, or justice of the Judge of Cou. peace, within the proper county, be, and they are hereby em- of the peace to powered, authorized and required to proceed against, and pun- proceed against ish every person offending against the provisions of this act; and upon view and bearing, may, or on information given on oath or affirmation, shall, if need be, issue his warrant to bring the body of the accused before him, and shall inquire into the truth of the accusation; and if guilty, shall enforce the penalty of this act annexed to the offence: and said offender, (if the judge or justice should think necessary,) may be detained in custody, and com offenders under this act |