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aside, twelve of such by-standers, having the qualifications aforesaid, as may not be set aside on challenge, shall be a lawsul jury for the trial of the prisoner.

Sec. 13. When any person committed for any offence, the punishment whereof is capital, shall desire to be brought to trial in capital cases

prisoner not inbefore the end of the term dext ensuing after his or her commit die

dicted at first ment, and no indictment is found against his or her at that terin, terin shall be disthe court shall discharge such prisoner; unless it appear by athdavit ihat the witnesses against him or her cannot be produced in time, or where there is evident guilt, or strong presumptio: of the guilt of the prisoner: and in all cases of imprisonnent for other offences, the court may, in their discretion, discharge the in other caseis prisoner, or require him or her to enter into recognizance in such conro may dis

charge or recos. sum, with good and sufficient security, as the court shall think it reasonable, conditioned for the appearance of the prisoner before such court, at the next term thereof.

Sec. 14. The court before whom any person shall be indicted, is hereby authorized and required to assign such counsel, not ex

A comel to indis ceeding 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.

Sec. 15. If any person indicted for any offence whatever, on being arraigned on such indictment, shall stand mute, a jary Prisoner standshall forth with be impanneled to try and say whether such per-19

per conrt shall pro. son 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 thoug! they had voluntarily pleaded the same plea to said indictment.

Sec. 16. All criminal cases shall be tried in the county where the offence was committed, unless it shall appear to the court by affidavits, that a fair and impartial trial cannot be hat; where criniais in which case, the court before whom the cause is pending may direct the person accused to be tried in some adjoining shall direct a

change of venue county. Sec. 17. When the venue is changed to an adjoining couniv....

Illinn vente in in a criminal case, the clerk of the proper court thereof, after conced, erial .. having received the original indictment and a certified transcripi proreed as in of the proceedings thereon, shall issue a venire facias in the same

resis to be ponirl manner as is directed by the provisions of this act; and the trialny county wł ore shall be conducted in all respects as if the offender lod heer ir-rite -dicted in the county to which the venue is changed: Provided,

Prisoner to he tried in colintv

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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

he safely to convey the prisoner to the jail of the county where he to issue warrant 80 reinove pris. or she is to be tried, there to be safely kept by the jailer thereof oner

untii discharged by due course of law.

he Sec. 19. When a change of venue is allowed, the court shall Wiinesses to be recognized to recognize the witnesses on the part of the State, to appear be

omny fore the court in which the prisoner is to be tried. is to be tried Sec. 20. When any person charged with the commission of

any bailable offence shall be confined in jail, whether commit

ted by warrant under the hand and seal of any judge or justice offenre may tre of the peace, or by the sheriff or coroner, under any capias upon let...bail by indictment found, it may be lawful for any judge of the supreme .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 palss sentence whereof is capital, shall be tried in the supreme court, and found according to the finding of the guilty of a less offence, the supreme court shall nevertheless pro

ceed to pronounce against such prisoner the sentence atlixed by law to the offence whereof he or she may be found guilty.

Sec. 22. In all prosecutions for crimes and offences, it shall Subpoenos for be the duty of the clerk to issue writs of subpoena for any per

pare son within this State, whose testimony may be deemed material of the Slale on the trial: and it shall shellawful 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 porna by special the minner in which the same was served; and also to make rified by oath oath or affirmation to the truth of said return, before some

person competent to adninister caths; which shall be indors

ed on such writ: and the same shall he returned according to he returned by the com nan i thereof, by the person serving the same, through

the post office, or otherwise.

Sec. 24. Witnesses summoned by order of the prosecuting Prez of witnes-attorney, or defendant, or who have been recognized to appear ees in criminal at colirt, and attending courts, in criminal cases, the punish

meat whereof is capital, or imprisonment in the penitentiary,

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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- , ishinent 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 fisty cents per day for each day's attendance at court.

Sec. 25. The fees allowed by the previous section, shall be lees or witness paid by the county treasurer, on the order of the county audi- ses now paid tor; and where a defendant is convicted of an offence not pun. ishable capitally, or with confinement in the penitcntiary, 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 ta 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 criininals," 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.

JAMES M. BELL. 1
Speaker of the House of Representatives,
SAMUEL R. MILLER,

Speaker of the Senate.
March 7, 1831.

AN AST to allow writs of error in sinna: casas.

Sec. 1. Be it enacteil by the General Assembly of the State of Ohio, That in crimical cases not punishable with deatli, writs of In cascs no!

pital, writs of error may, on good cause show.), be allowed on the application

error may be of the defendani, by the supreme conr!, or any idge thereof in aliowcu br 3. ('..

or any judue varation, is in civil cases; and in criminal cases puistable with

In capital cases, death, writs of error inay be allowed og allikcapplication, busnidd y court, orica court when in session, in open court, or by any two judges there. Judges off ja viication:

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Sec. 2. That in all cases of conviction, when the parishment Court a'lowing shall be capital, the judges or court allowing such wril of error, error in capital

1, shall order a suspension of the execution, until sucb writ of error C18t's, to suspend execution, eic. shall be heard and determined; and upon hearing of such writ of

crror, they shall order the prisoner to be discharged, a new trial On hearing, how

101 to be bad, or appoint a day certain for the execution of the to procecd

sentence, as the uature of the case may require.

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, may be returna. ble forinwilli, or judge or judges, allowing such writ of crror, may order the same to the court in to be made returnable forthwith, before said supreme court,

wherever they vay be sitting, or before said supreme court at their next session in bank; and shall also order a suspension of the crecution of such sentence.

Ser. 4. That in all other cases, not provided for by the sediere catre cond or third sections of this act, the court or judge allowing wir, writ is al sich writ of crror, may order a suspension of the execution of I wer', urlat

o the sentence upon the defendant, on his or her cntering into a may he recognize cd, etc. recognizasce, before the clerk of the court of common pleas

where such cause was tried, with at le: st two good and sufhcient securities, to be approved of by said clerk, in such sum as shall be specified in the order or the court or judge allowing such writ of crror; which recognizance shall be conditioned for the defend

ant's prosecuting said writ of crror to effect, and surrendering recognizance himseil or herself to the custody of the shcrilf of the county in

which such conviction was had, in case the judgment of the court of commca pleas shall not be reversed, or a new trial be ordered.

Sec. 3. That in all cases where a defendant shall feel himExceptions may sell or herself aggrieved, by any decision of the court of common

be pleas, he or she may present his or her bill of exceptions to such rourt 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 os cases: and such bill of exceptions, when signed and sealed, shall 19 be made a pari of the record, and shall have the same force and

effect as in civil cases.

Sec. 6. That when any defendant has been committed to the If defendant le penitentiary of this State, and the judgment, by virtue of which committed to the penitenciary and the commitment is made, shall be reverse l on a virit of crrore judgment is reallowed unter the provisions of this art, by which reversal the Mill cernity whe defendait shall be cntitled to his or her discharge, or to a nejv same to the trial, the clerk of the court reversing said judgment, shall, under

the scal of the court, forth with certify the came to the keeper of the penitentiary.

Sec. 7. That snill keeper, on receipt of such certificate, in Prener to die case a discharge of sach defineart he oricred, shall immediately charle prisoner discharce such derenrlant from t'ic penitentiary.

... Sec. 8. That in cap a lew trial be ordered, the keeper of Or if new tria! be ordere, tothe penitcntiary shall forthrith cause said defendant to be taken convey prisoner and covered to the Colts, and committed to the custody of wucre convissed the seriror jailer thinrcof, in which said defendant was convici

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PREVENTION OF IMMORAL PRACTICES.

161

161

pealed

ad, 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 House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate. March 7, 1831.

the same il cases, " Patetitled Authet mentore provision for

AN ACT for the prevention of certain immoral practices.

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Sec. il. Be it enacted by the General Assembly of the State of

Sahhath break Ohio, That if any person of the age of tourteen years or up in wards, shall be found on the first day of the week, coinmonly 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 tined in a sum pot exceeding tive dollars, nor less than one dollar: Provided, Nothing herein contajned shall be construed to extend to those who conscientiously scented cases do observe the seventh day of the week as the sabbath; por to prevent families emigrating, from traveling; walermen 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 fainilies, on such days.

Sec. 2. That if any tavern keeper or other person shall sell Selling spirieor barter any spirituous liquors on the first day of the week, uous liquors on

Sunday commonly called Sunday, (except to travelers on a Sunday,) Ljourney;] such tavern keeper or other person so offending, shall be fined in a sum not exceeding five dollars.

Sec. 3. That if any person or persons shall at any time in- Disturhing terrupt or molest any re igious society, or any member thereof; religious

societies or any persons when meeting or anet together, for the purpose of worship, or performing any duties enjoined on, or appertaining to, them, as inembers 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 Com. peace, within the proper county, be, and they are hereby em- of the neace to powered, authorized and required to proceed against, and pun- proceed against ish every person ollending against the provisions of this act; and chis ace" 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 or 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 eustody, and com

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