Provise ing mitted until sentence be performed: Provided, That this section shall not be so construed, as to deprive any religious society of the right of laying hands upon the person or persons who may be disturbing the congregation, and turning him or them out of the church or place of worship. Sec. 4. That if any person of the age of fourteen years and Profane swear upwards, shall profanely curse or damn, or profanely swear by the name of God, Jesus Christ, or the Holy Ghost; each and every person so offending shall be fined in a sum not exceeding one dollar, nor less than twenty-five cents, for each offence. Sec. 5. That if any person or persons should be found making or exciting any contention or disturbance at any tavern, court, ance at public election, or other meeting of the citizens for the purpose of transacting or doing any business appertaining to, or enjoined on them; the person or persons 30 offending shall be fined in a sum not exceeding five dollars, nor less than fifty cents, each, and, if necessary, imprisoned until such meeting shall be ready to disperse: Provided, The time for which such person or persons may be confined, shall not exceed six hours. Exciting disturb. meeting of citizens es in any street, or shooting in Sec. 6. That if any person or persons shall play bullets Playing bullets along or across any street in any town or village within this or running hors-State; or if any person or persons shall run any horse or horses within the limits of any such town or village; or if any person town or village or persons shall shoot or fire a gun at a target within the limits of any recorded town plat in this State: every person or persons so offending shall be fined in a sum not exceeding five dollars, nor less than fifty cents. permitting hall Sec. 7. That if any keeper of a public house, or retailer of Keeper of public spirituous liquors, in this State, shall establish, keep, or permit house keeping or to be kept, upon his or their lots or premises, any bull [ball] or or ninepin alley ninepin alley, or shall, in whole or in part, be interested in any bull [ball] or ninepin alley, upon the lot or premises of another; he or they, upon conviction thereof, shall forfeit and pay to, and for, the use of common schools in the proper township, not less than ten, nor more than one hundred dollars: and this section shall be construed to extend to any alley denominated a ninepin alley, whether such alley is used for playing therein a greater or less number than nine pins, Sec. 8. That if any person or persons shall exhibit any pupExhibiting puppet show, wire dancing, or tumbling, juggling or slight of hand, pet show, tum within this State, and shall ask and receive any money, or other property, for exhibiting the same; every such person, so of fending, shall forfeit and pay, for every such offence, the sum of ten dollars. bling or slight of hand Sec. 9. That if any person shall intentionally deface, obliteDefacing or des rate, tear down, or destroy, in whole or in part, any copy or troying any ad- transcript of, or extract from, any law of the United States or of this State, or any proclamation, publication, advertisement or notification, whatsoever, set up in any public place, within this State, for the public information of any citizen, by the authority vertisement or notification of any law or act of this State; such person shall, on conviction thereof, before any court having jurisdiction of the same, be fined in any sum not exceeding ten dollars, and may be committed to jail for a time not exceeding twenty-four hours, at the discretion of the court. of any religious Sec. 10. That if any person shall expose or offer for sale, selling fiquoas at any place where any religious society of people are collect- within one mile ed or collecting together, for the purpose of religious worship, meeting or within one mile thereof, any spirituous liquor, cider or beer; such person may be arrested and detained in custody, not exceeding six hours, at any one time, and shall be fined in any sum not exceeding twenty dollars: Provided, That nothing in Proviso as to this act shall affect merchants, licensed tavern keepers, inn merchants, tavkeepers, distillers or manufacturers of cider or beer, selling ardent spirits, cider or beer, at their usual place of vending the same, or at their residence. ern keepers, &f Bull or bear Sec. 11. That any person or persons who shall hereafter confine, or aid or assist in confining, any bull, steer, or other baiting domestic or domesticated animal or animals, either by tying, penning or inclosing the same, for the purpose of bull baiting, bear baiting, or other purpose of torture; or shall aid or assist in torturing the same, when so tied or penned, either by dogs, whips, spears, or other instruments; shall forfeit and pay any sum not exceeding one hundred dollars. Sec. 12. That if any person or persons shall publicly exhibit, or aid and assist in exhibiting, the game commonly called cock fighting; such person or persons shall forfeit and pay a fine not exceeding twenty dollars. Cock fighting Sec. 13. That if two or more persons shall run a match Hor racing in horse race or races, in any public road in common use, for the public roads purpose of trying the speed of their horses; every person so of fending, on conviction thereof before any justice of the peace in the county, shall be fined in any sum not exceeding five dollars, nor less than one dollar, with costs of prosecution. sury for the use Sec. 14. That all fines accruing under the provisions of Fines under this this act, shall be collected in the name of the State of Ohio, as act to be paid inin other cases of a breach of the peace, and be paid into the to township treatownship treasury, for the use of common schools in the town of schools ship in which the offence shall have been committed, within twenty days after collected: and if any officer fail to pay over such fine by him collected, agreeably to the provisions of this act, such officer shall, for any such neglect, forfeit and pay into the township treasury, double the amount of any fine or fines by him collected, to be recovered in a summary way before any justice of the peace having cognizance of the same, at the suit of the township treasurer: Provided, That all prosecutions under the provisions of this act, shall be commenced within Prosecution to ten days after the offence is committed; except prosecutions he commenced against justices of the peace, for not paying over any fine or fines, as aforesaid. in ten days accrued Sec. 15. That the act, entitled "An act for the prev entioActs repealed, of certain immoral practices," passed on the 19th day of Jan reserving rights uary, 1824, and the act amendatory thereto, passed January 22d, 1825, and the "Act to prevent horse racing on public roads." passed February 22d, 1830, be, and the same are hereby repealed; reserving to the State all rights which may have accrued by virtue of said acts. This act to take effect from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. February 17, 1831. Speaker of the Senate. some crime or ny, shall have corpus AN ACT securing the benefits of the writ of habeas corpus.. Sec. 1. Be it enacted by the General Assembly of the State of Persons, except Ohio. That if any person, except persons convicted of some convicted of crime or offence, for which they stand committed, or persons offence, or for committed for treason or felony, the punishment whereof is capifelo tal, plainly and specially expressed in the warrant of committhe benefit of the ment, now is, or shall be confined in any jail of this State, or writ of habeas shall be unlawfully deprived of his or her liberty, and shall make application, either hy him or herself, or any person on his or her behalf, to any one of the iudges of the supreme court, or president or associate iudges of the court of common pleas, and does at the same time produce to such judge a copy of the commitment, or cause of detention of such person; or if the person so imprisoned or detained, is imprisoned or detained without any legal authority, upon making the same appear to such judge by Any judge may oath or affirmation, it shall be his duty forthwith to allow a writ of habeas corpus; which writ shall be issued forthwith by the clerk of the supreme court, or court of common pleas, as the case may require, under the seal of the court whereof the person allowing such writ is a judge, directed to the proper officer, person or persons, who detain such prisoner. allow writ Sec. 2. That it shall be the duty of the officer or person to Person shall con- whom such writ shall be directed, to convey the person or perfore judge, and Sons so imprisoned or detained, and named in such writ, before make true return the judge allowing the same, or in case of his absence or disa ver prisoner be fully detained to bility, before some other judge of the same court, on the day specified in said writ; and shall make due return of said writ, together with the day and cause of the caption and detention of such person, according to the command thereof. Sec. 3. That when the said judge shall have examined into Persons unlaw the cause of caption and detention of the person so brought be be discharged fore him, and shall be satisfied that the person is unlawfully im prisoned or detained, he shall forthwith discharge such prisoner mit, discharge.or from said confinement: and in case the person or persons apply- Judge may com. ing for said writ shall be confined or detained in a legal manner, let to bail on a charge of having committed any crime or offence, the said judge shall, at his discretion, commit, discharge or let to bail, such person or persons: and if the said judge shall deem the offence bailable, on the principles of law, he shall cause the person charged as aforesaid to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offence cha ged, considered, conditioned for his appearance at the next court, where the offence is properly cognizable; and said fudge shall certify his proceedings, together with the recog nizance, forthwith to the proper court; and if the person or persons charged as aforesaid, shall fail to enter into such recogni zance, he or they shall be committed to prison by such judge. ing or refusing false return, shall for Sec. 4. That if any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to Persens neglect. obey, or make return of the same, according to the command to obey writ of thereof, or shall make a false return of said writ; or upon de- making a mand made by the prisoner, or any person on his or her behalf, feit, etc. shall refuse to deliver to the person demanding, within six hours after the demand thereof, a true copy of the warrant or commitment and detainer of such prisoner: every person so offending shall, for the first offence, forfeit to the party aggrieved the sum of two hundred dollars; and for the second offence, four hundred dollars, and shall, if an officer, be incapable to hold his said office. Sec. 5. That if any clerk of the supreme court, or court of Clerks refusing common pleas, shall refuse to issue such writ, after allowance and shall forfeit, etc: demand made as aforesaid, he shall forfeit to the party aggrieved, the sum of five hundred dollars. Persons enlarged not to be again Sec. 6. That any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same of fence, unless by the legal order or process of the court wherein imprisoned for he or she shall be hound by recognizance to appear, or other same offence court having jurisdiction of the cause or offence; and if any person shall knowingly, contrary to this act, recommit or imprison, or cause to be recommitted or imprisoned, for the same offence, or pretended offence, any person so set at large, or shall knowingly aid or assist therein; he shall forfeit to the party ag grieved, five hundred dollars, any colorable pretence or variation in the warrant or commitment nothwithstanding. officer to another Sec. 7. That if any person of this State shall be committed Prisoners not to to prison, or in custody of any officer, for any criminal matter, be removed from such prisoner shall not be removed therefrom into the custody of custody of an any other officer, unless by legal process, or where the prisoner unless, etc shall be delivered to some inferior officer to carry to jail, or shall, by order of the proper court, be removed from one place to another within the State, for trial, or in case of tire, infection or other necessity; and if any person after such commitment. shall make out, or sign or countersign, any warrant for such removal, con felonies shall not trary to this act, he or she shall, for every such offence, forfeit to the party aggrieved, five hundred dollars. Sec. 8. That when any person shall appear to be committed Accessories be by any judge or justice, and charged as accessory before the fore the fact to fact, to any felony, the punishment whereof is capital, which feleny shall be plainly and specially charged in the warrant of commitment, such person shall not be removed or bailed by virtue of this act, or in any other manner than if this act had not passed. be bailed, etc. Citizens not to Sec. 9. That no citizen of this State, being an inhabitant or be sent out of resident within the same, shall be sent prisoner to any place the State for whatsoever, out of this State, for any crime or offence commitcrimes committed within this State; and every such imprisonment is hereby de ted in it Proviso Penalties to be recovered by ac tion of debt Proviso Limitation Effect clared to be illegal: and if any such citizen shall be so imprisoned, he may, for every such imprisonment, maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported, contrary to the intention of this act, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding or assisting in the same or any of them, and shall recover treble costs, besides damages; which damages so to be given, shall not be less than five hundred dollars: and every person knowingly concerned in any manner as aforesaid, in such illegal imprisonment or transportation, contrary to this act, and being thereof lawfully convicted, shall be disabled from thenceforth to bear any office of trust or profit within this State: Provided, That if any citizen of this State, or person or persons, at any time resident in the same, shall have committed, or be charged with having committed, any treason, felony or misdemeanor, in any other part of the United States or Territories, where he or she ought to be tried for such offence, he, she or they may be sent to the State or Territory having jurisdiction of the offence. Sec. 10. That the penalties in this act made recoverable, shall be recovered by the party aggrieved, his or her executors or administrators, against the offender, his or her executors or administrators, by action of debt, in any court having cognizance of the same: Provided, That no person shall be sued or molested for any offence against this act, unless within two years after the time when such offence shall have been committed: but if the party aggrieved shall then be in prison, then within two years after the decease of the person imprisoned, or his or her delivery out of prison; and in every such action it shall be lawful for the defendant to plead the general issue and give the special matter in evidence. This act shall take effect and be in force from and after the first day of June next. EDWARD TIFFIN, Speaker of the House of Representatives. February 22, 1811. Speaker of the Senate: |