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Seiro facias

the credi

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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 accrue.

(Signed,)

E. F.
Taken, signed and acknowledged, this

day of , in the year

, before me,

G. H.,

Justice of the peace. Four --Form of a scire facias against bail for slay of executiont. State of Ohio,

county, ss. 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 day of in the year

, as appears of record; and whereas E. F., on the

day of , in the year 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 day of

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

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

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

Form of execu. tion against goods

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

fendant, STATE OF Онio,

county, ss. To any constable of the township of

, Greeting: Whereas A. B. ohtained judgment against C. D., before me, *G. H., a justice of the peace for the township aforesaid, for the

sum of sere state the amount recovered of debt or damages,
and costs, on the day of 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 day of
A. D.

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 *. Fron that point proceed as follows: “But tor 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 for 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 day of A. D.

1. G. H.” [SEAL.] Seden.--Form of capias. STATE OF Ohio,

couoty, ss. Lithir bu.. To any constable of the township of Oslo Greeting: Form of capias You are hereby cominanded to take the body of C, D., and him forth with 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 day of
A. D.

G. H. (SEAL.)
Eight.-Form of summons.
STATE OF Ohio,

county, ss.
To any constable of the township 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

day of

in the year.

at o'clock, A. M. for P. M., as the case may be of that day, to answer unto A. B. in a plea of debt for 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 day of
A. D.

G. H. (seal.)
Nine.-Form of subpoena.
STATE OF Ohio,

county, ss. To any constable of the township of

Greeting: You are hereby commanded to summon to appear before me,

a justice of the form of peace for said township, at my office, on the

at o'clock, M. on said day, to give tes.. timony, and the truth to say, in a causé pending before me, wherein

is plaintiff, and

Greeting: Form of

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Acto repealed

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

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

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 cases,” passed February twenty-tifth, eighteen hundred and 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 bereby repealed: Provided, That all rights acquired, Proviso as to and obligations or liabilities incurred, under the provisions of rights acquired the acts above named, or either of them, shall not be affected incarred

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 first day of June next.

JAMES M. BELL,
Speaker of the House of Representatides:

SAMUEL R. MILLER,

Speaker of the Senate. March 14, 1831.

and liabilities

AN ACT defining the powers and duties of Justices of the Peace and

Constables, in criminal cases.

justices in crimi.

plaints

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 nal cases

criminal cases throughout the county in which he was elected, and where he shall reside: Second, And he shall be a conserva

tor of the peace therein: Third, And he is authorized and requiThey shall pre me peace wherein: serve the peace, red on view, or complaint made on oath or affirmation, to cause cause arrests, in every person charged with the commission of a crime or a breach quire into com

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 te 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, They shall recognize witness

e 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

arrest for an as.

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 stre affray 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 of altas 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 30 arrested shall be taken before some other justice in the proper county; in which case, the party complaining shull be notitied of the time and place of trial.

Sec. 3. And the justice before whom such plea may be on plea of caii. pleaded, shall have power, and he is hereby authorized to assess ty, justice may such fine as inay be reasonable, not exceeding one hundred dol- ". lars, nor less than five dollars; for which he shall render judge 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.

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 No:

fuse to fine, and his duty to recognize every such person or persons, pleading as shall then recor aforesaid, to appear before the court of common pleas, on the nise defendant first day of the next term thereof.

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

Sec. 6. That if any person shall challenge another to fight at fisticuffs, or with cudgels, or shall provoke, or attempt to pro-chailenge to fight voke, agother to commit a breach of the peace; every such per-at fistlouffo 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. Sec. 8. No person or persons shall be prosecuted under the,...

Limitation of provisions of this act, for any offence defined in the second and prosecution for sixth sections thereof, unless such prosecution be commenced certain offenceo within three months after any offence defined in the second section, or within ten days after any offence defined in the sixth section, shall have been committed.

Sec. 9. It shall be lawful for any person to make complaint on oath or affirmation, before a justice of the peace, stating, Person tearing amongst other things, that the person making such complaint, injury from an

other, may make has just cause to fear, and does fear, that another will beat, complaini 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,

proceed

fine and cost

jbsue a warrant against person

And shall in. quire into the

nize the person complained of lo

peace in the mean timo

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, And justice shall to whom complaint shall be made as aforesaid, to issue a war

norant in the name of the State, directed to any constable of the complained of county, commanding bim forthwith to arrest the person com

plained 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 in. person accused in custody, it shall be the duty of the justice to truth of com. whom it is returned, to examine into the truth of such complaint

plaint.

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

on complained of, to enter into recognizance, with good and suffiappear at coure 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 fif

ty 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.

Sec. 13. And in default of such recognizance and surety as And Mailing to commid the instire shall

u 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.

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 dis

ed, charge 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, common pleast their disputinn dienhor on recognizance au

e at their discretion, discharge the person accused from his or her to keep the 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.

Sec. 16. And for want of such security, the court shall com

Resmit the person accused to the jail of said county, there to reshall commit main until such order be complied with, or he be otherwise dis

charged hy due course of law.

m Sec. 17. Whether such person be held to bail, or be complained vf, if not mitted for the want thereof, the court shall, in either case, ren

der 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, complainant shall discharge the person accused, they may, at their discretion,

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