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condition following, which is: That the said C. D. shall pay the amount of the judgment rendered in the action aforesaid, together with the interest and costs, and the costs that may ac(Signed,)

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Seire facian

Four.-Form of a scire facias against bail for stay of executiont.

county, 88.

STATE OF OHIO,
To any constable of the township of

Greeting:

Whereas, A. B. recovered judgment against C. D., for the against bail for sum of [here state the amount of the debt or damages, and stay of execution costs, according to the recovery,] on the

in the year

day of

, as appears of record; and whereas in the year

day of

E. F., on the
became surety on behalf of the said C. D. for the payment of
the amount of the judgment aforesaid, together with interest
and costs, and the costs that might accrue, to the said A. B.,
as appears by the recognizance of the said E. F.; which judg
ment, interest, and costs, remain due and unpaid. This is,
therefore, to command you to summon the said E. F. to be
and appear before me, at my office, in the township of
in the said county, on the

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day of

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in the year to show cause, if any there be, why judgment should not be rendered against him for the debt, [or damages,] interest and costs, aforesaid, and why execution should not issue therefor: and of this writ make legal service and due

return.

Given under my hand and seal, this

A. D.

day of

G. H., [SEAL.]. Justice of the peace.

Form of execution against

goods

Five.-Form of execution against the goods and chattels of the de

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Greeting:
Whereas A. B. obtained judgment against C. D., before me,
G. H.. a justice of the peace for the township aforesaid, for the
sum of [here state the amount recovered of debt or damages,
and costs,] on the
in the year
You are therefore commanded, that of the goods and chattels
of the said C. D., you cause to be made the debt [or damages]
and costs aforesaid, and costs that may accrue;* and of this writ
make legal service and due return.

Given under my hand and seal, this
A. D.

day of G. H. [SEAL.]

Six.-But if it be proper to have execution against the body Against the body of the defendant, the preceding form will be applicable to the *. From that point proceed as follows: "But for want of goods and chattels whereon to levy, then take the body of the said C. D. to the jail of the county, there to be safely kept in the custody of the jailer, until the said debt [or damages] and costs that have accrued, and that may accrue, shall be paid, or be otherwise legally discharged: and of this writ make legal service and due return.

Given under my hand and seal, this

A. D.

day of

G. H." [SEAL.]

STATE OF OHIO,

Seven.--Form of capias.
county, ss.

Greeting: Form of capias

To any constable of the township of You are hereby commanded to take the body of C D., and him forthwith bring before me, G. H., a justice of the peace, at my office, in said township, to answer unto A. B., in debt [or damages, as the fact may be,] in the sum of [here insert the sum supposed to be due]; and of this writ make legal service and due return.

Given under my hand and seal, this

A. D.

day of

G. H. (SEAL.)

STATE OF OHIO,

Eight.-Form of summons.

county, ss.

To any constable of the township of

Greeting: Form of

You are hereby commanded to summon C. D. to be and appear summons before me, G. H., a justice of the peace, at my office, in the township aforesaid, on the

year

at

day of in the o'clock, A. M. [or P. M., as the case may be] of that day, to answer unto A. B. in a plea of debt [or trespass on the case, or trespass on land, or personal property, or other action, as the nature of the action may be]: and of this writ make legal service and due return.

Given under my hand and seal, this

A. D.

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day of

G. H. (SEAL.)

Greeting:

a justice of the Form of day of subpoen o'clock, M. on said day, to give tes

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timony, and the truth to say, in a cause pending before me, wherein

defendant. Hereof fail not, under the penalty of the law; and have you then there this writ

Given under my hand and seal, this

A. D.

day of

G. H. [SEAL.]

Sec. 115. That the act, entitled "An act defining the duties of justices of the peace and constables, in criminal and civil Acts repealed cases," passed February twenty-fifth, eighteen hundred and

Proviso as to rights acquired

and liabilities incurred

twenty-four; and the act, entitled "An act to amend the act, entitled 'An act defining the duties of justices of the peace and constables, in criminal and civil [cases,]" passed December twenty-ninth, eighteen hundred and twenty-four; be, and the same are hereby repealed: Provided, That all rights acquired, and obligations or liabilities incurred, under the provisions of the acts above named, or either of them, shall not be affected or prejudiced by the repeal thereof; but may be enforced and rendered effectual under the provisions of this act.

This act shall take effect and be in force from and after the Arst day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.

March 14, 1831.

SAMUEL R. MILLER,
Speaker of the Senate.

justices in crimi.

nal cases

They shall pre serve the peace, cause arrests, in quire into com plaints

AN ACT defining the powers and duties of Justices of the Peace and
Constables, in criminal cases.

Sec. 1. Be it enacted by the General Assembly of the State of Jurisdiction of Ohio, That every justice of the peace shall have jurisdiction in criminal cases throughout the county in which he was elected, and where he shall reside: Second, And he shall be a conservator of the peace therein: Third, And he is authorized and required on view, or complaint made on oath or affirmation, to cause every person charged with the commission of a crime or a breach of the law, to be arrested and brought before himself, or some other justice of the peace of the same county, except as hereinafter excepted: Fourth, It shall be the duty of the justice of the peace before whom any such person shall be brought, to inquire into the complaint; and every such person, either to commit to the jail of the county, or discharge, or recognize to be and appear before the court, on the first day of the next term thereof, as the nature of the case may require: Fifth, It shall be the duty of every such justice to recognize the witness or witnesses, by him examined in behalf of the State, and whose testimony he may consider necessary in the farther prosecution of the charge, to be and appear before the court, on the first day of

They shall recognize witnessés

the term thereof, next to be holden in, and for, the county where such recognizance was taken.

Sec. 2. When any person or persons, shall be arrested on a Proceedings OR warrant for committing an assault, or an assault and battery, or an arrest for an asaffray by fighting or boxing at fisticuffs, issued on the complaint sault and battery of the party injured, every such person or persons shall be taken' or affray before the justice who issued the warrant, and be or they shall be admitted to plead guilty to the charge preferred: Provided, That if such justice shall be absent, or otherwise incapable of acting, the person so arrested shall be taken before some other justice in the proper county; in which case, the party complaining shall be notified of the time and place of trial.

Sec. 3. And the justice before whom such plea may be on plea of guil. pleaded, shall have power, and he is hereby authorized to assess ty, justice may such fine as may be reasonable, not exceeding one hundred dol-fine lars, nor less than five dollars; for which he shall render judg ment for the State, against the person or persons so pleading guilty as aforesaid, and for the costs of prosecution, and shall issue execution thereon as in civil cases.

fuse to fine, and

Sec. 4. But the justice may, notwithstanding the plea of guilty, refuse to assess a fine thereon; in which case it shall be Justice may re his duty to recognize every such person or persons, pleading as shall then recog aforesaid, to appear before the court of common pleas, on the nize defendant first day of the next term thereof.

Sec. 5. If, however, such person or persons shall decline on plea of not pleading guilty to the accusation, he or they shall, upon the hear-guilty, how to ing of such accusation, be either discharged, committed, or recognized, as the case may require.

proceed

May fine for'

Sec. 6. That if any person shall challenge another to fight at fisticuffs, or with cudgels, or shall provoke, or attempt to pro- challenge to fight voke, another to commit a breach of the peace; every such per- at fisticuffe son shall be deemed guilty of an offence, and on conviction thereof before any justice of the peace, shall be fined in any sum not exceeding ten dollars, nor less than one dollar.

Sec. 7. And the justice of the peace shall render judgment Judgment and for the amount of any such fine, and for the costs of prosecution, execution for and thereon issue execution for the collection of the same, as in

civil cases.

fine and costs

Limitation of

Sec. 8. No person or persons shall be prosecuted under the provisions of this act, for any offence defined in the second and prosecution for sixth sections thereof, unless such prosecution be commenced certain offences within three months after any offence defined in the second section, or within ten days after any offence defined in the sixth sec

tion, shall have been committed.

Sec. 9. It shall be lawful for any person to make complaint

other, may make

on oath or affirmation, before a justice of the peace, stating, Person fearing amongst other things, that the person making such complaint, injury from an has just cause to fear, and does fear, that another will beat, complaint wound, or kill him or her, or his or her ward, child, or children; or will commit some other act of personal violence upon him,

And justice shall

issue a warrant against person

complained of

And shall in. quire into the truth of plaint

com.

complained of to

her or them; or will burn his or her dwelling house, or out-house; or will maliciously injure, or destroy his or her property, other than the buildings aforesaid.

Sec. 10. And thereupon, it shall be the duty of any justice, to whom complaint shall be made as aforesaid, to issue a warrant in the name of the State, directed to any constable of the county, commanding him forthwith to arrest the person complained of, and him or her to take before such justice, or any other justice of the peace of the county, to answer such complaint.

Sec. 11. And upon the return of such warrant, with the person accused in custody, it shall be the duty of the justice to whom it is returned, to examine into the truth of such complaint.

Sec. 12. And if, upon such examination, he shall be of opinAnd may recog- ion that there was just cause therefor, he shall order the person nize the person complained of, to enter into recognizance, with good and suffiappear at court vient security, being a freeholder, or householder, in the county, and to keep the in any sum not exceeding five hundred dollars, nor less than fifty dollars, conditioned for his or her appearance before the court of common pleas of the proper county, on the first day of the next term thereof; and in the mean time, that he or she shall keep the peace, and be of good behavior generally, and especially towards the person complaining.

peace in the. mean time

And failing to

Sec. 13. And in default of such recognizance and surety as give bail shall be aforesaid, the justice shall commit the person complained of, to the jail of the county, there to remain until discharged by due course of law.

committed

not established,

complainant

Sec. 14. But if the justice, on hearing, shall be of opinion If complaint is that the accusation is not established, it shall be his duty to discharge the accused, and render judgment in the name of the shall pay costs State, against the party complaining, for the costs of prosecution; and he shall collect the same by execution as in civil cases. Sec. 15. The court of common pleas, to which any recogProceedings in nizance to keep the peace as aforesaid, shall be returned, may, at their discretion, discharge the person accused from his or her recognizance; or may order him or her to enter into such other and further security as may be just, thereafter to keep the peace, and be of good behavior, for such term of time as the court may order.

common pleas on recognizance to keep the peace

curity, court

Sec. 16. And for want of such security, the court shall comFor want of semit the person accused to the jail of said county, there to remain until such order be complied with, or he be otherwise discharged by due course of law.

shall commit

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Sec. 17.

Whether such person be held to bail, or be committed for the want thereof, the court shall, in either case, render judgment against him or her for the costs of prosecution, to be taxed, and award execution therefor.

Sec. 18. But if such court, on examination of the complaint, shall discharge the person accused, they may, at their discretion,

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