render judgment against the person complaining for the costs of may be taxed prosecution, and award execution thereon. with the costs Condition of re Sec. 19. If any recognizance be taken under the provisions of this act, in term time of that court to which the same cognizance taken may be returnable, every such recognizance shall require the in term time person or persons bound thereby, to appear forthwith before such court. court or prose Sec. 20. And all recognizances, authorized to be taken as Recognizances aforesaid, either in term time, or vacation of that court into to be returned to which the same may be returnable, shall be delivered or trans- cuting attorney mitted by the justice taking the same, to the clerk of such court, without delay or to the prosecuting attorney for that county, without unneces sary delay, and before the commencement of the term of the court, next thereafter to be holden, if such recognizance were taken in vacation; but if the same were taken in term time, then it shall be returned forthwith. nal as in civil Sec. 21. It shall be the duty of every justice of the peace, in criminal proceedings, to keep a docket thereof as in civil cases: Justice to keep a and when the party accused shall be recognized, or committed docket in crimi for the wint of s ich recognizance, he shall transmit or deliver a cases, and send transcript of such proceedings to the clerk of the court, or prose- transcript to cuting attorney, in the manner poi ted out in the preceding sec tion, in case of recognizances; which transcript shall contain an accurate bill of all the costs that have accrued, and the items of charge composing the same. court before examination till witnesses can be Sec. 22. I it shall become necessary, by reason of the abse we of any material witness, or other just cause, to postpone Justice may or delay the trial or examination of any person charged with commit the commission of any crime or offence, it shall be awful for the justice of the peace, before whom such person is brought, obtained to commit him or her, from time to time, for safe keeping, to the jail of such county, until the attendance of such witness or witnesses can be obtained, or such other cause of delay be removed, and no longer: Provided, The whole term of such imprisonment in jail shall not exceed thirty-six hours. justice for and costs, tion Sec. 23. In all cases, arising under the provisions of this or Where any other act, in which a justice of the peace shall have power has power to fine to fine any person charged with the commission of an offence, he may render it shall be lawful for every such justice to render judgment for dgment there. such fine, and to tax such costs for himself, the constable and and issue execu witnesses, as are or may be allowed by law, for similar services in other criminal cases, and to issue execution therefor. Sec. 24. That in every other prosecution before a justice of the peace, for any crime, the punishment whereof is capital In what or imprisonment in the penitentiary, and from which the person shall be paid out accused shall be discharged by such justice of the peace, every of county trea. such justice shall be entitled to have the same fees as are or may be allowed by law for similar services in other criminal cases; to be paid out of the county treasury, on the order of justices' fees sury cases "o suppress Tots, keep the eace, etc. County the auditor of such county, in the manner hereinafter pro vided. Sec. 25. Constables shall be ministerial officers of the Fowers and da courts holden by justices of the peace in criminal cases, within their respective counties: Second-And it shall be their duty to apprehend and bring to justice felons and disturbers of the peace, to suppress riots, and keep and preserve the peace, within their respective counties: Thir-They shall have powTo serve process er, and they are hereby authorized, to execute all writs and roughout the process in criminal cases, throughout the county in which they may reside, and where they were elected or appointed: Fourth-And if any person, charged with the commission of all flee, they any crime or offence, shall flee from justice, it shall be lawful ay pursue and for any constable of the county, wherein such crime or offence part of the State was committed, and he is hereby authorized and required, to pursue after and arrest such fugitive from justice, in any other county of this State, and such fugitive to convey before any justice of the peace of the county where such crime or offence was committed. When accused arrest in any When State fils, or convict Sec. 26. Every constable shall be entitled to have the same fees, for the execution of all process, and for other services insolvent, con rendered in criminal cases, wherein the State fails at any stage "ables' fees to be in the prosecution, or the party convicted proves insolvent, as are or may be allowed by law for similar services in other criminal cases; to be paid out of the county treasury, on the order of the auditor of such county. aid out of counBy treasury ction, shall Sec. 27. Whenever a justice of the peace, before whom any stice claiming person may have been prosecuted and acquitted, according to es under 24th the twenty-fourth section of this act, shall claim his fees as nd transcript therein provided, it shall be the duty of every such justice to county audi- make out a certified transcript of his proceedings in the case, and therein set forth accurately and truly a bill of his costs, stating the items of charge, and deliver the same to the county auditor. Ces from county casury Sec. 28. Whenever any constable shall be entitled to fees when consta according to the provisions of this act, in cases where the is entitled to State had failed in the prosecution, or the accused had proved insolvent, it shall be the duty of every justice of the peace, before whom such prosecution was conducted, to make out and deliver to such constable, (if such justice had not previously transmitted one to court,) a transcript similar to the one specified in the preceding section, containing a bill of the constable's costs, which he shall deliver to the county auditor of the county. t when there Sec. 29. But if such justice had previously forwarded such transcript to the court, and also where the party convicted has a transcript in proved insolvent, it shall be the duty of the clerk of the court, urt, clerk shall in such case, to give the constable a certificate of his costs, as Certify costs to they shall appear in such transcript, or as they may have been auditor taxed in court; which certificate the constable shall deliver to such auditor. Auditor to dra Sec. 30. And it shall be the duty of such auditor, after carefully examining every such transcript or certificate delivered to on treasurer fo him as aforesaid, and correcting the errors, if any, in the char- such costs ges, draw an order on the county treasurer, in favor of any suchastice or constable, or his legal representatives, for the amount of such costs. by justice in So Sec. 31. All fines imposed and collected, by any justice, Fines under this under the provisions of this act, shall be paid by him, unless act to be paid to otherwise directed by law, to the treasurer of the county where county treasure the offence was committed, for the use of such county, within days thirty days after the same shall have been collected; and the justice shall take duplicate receipts therefor, one of which he shall deposit with the county auditor. Sec. 32. If any justice shall fail to pay over such moneys as Justice failing, aforesaid, it shall be the duty of the treasurer of the liable to penalty, proper and treasurer county, to prosecute such delinquent justice for the recovery shall sue of the same, together with a penalty of ten per cent. thereon, in an action of debt before any court having jurisdiction thereof. Sec. 33. The following forms shall be observed by justices of the peace in criminal proceedings, when they may be applicable, but may be varied to suit the nature of the case, namely: 1.-Form of affidavit whereon to issue a State warrant. STATE OF OHIO, county, ss. Form of affidavi rant Before me, A. B., one of the justices of the peace for said for a State wa County, personally came C. D., who being duly sworn according to law, deposeth and saith, that on or about the at the county of County aforesaid, this day of A. B. justice of the peace. the} To any constable of said county, Greeting: C. D. Whereas, complaint has been made before me, one of the justices of the peace, in and for the county aforesaid, upon the oath of C. D., that E. F., late of the county aforesaid, did, on or about the [here state the crime or offence, and whether it was committed by the accused, as principal or accessory, according to the affidavit]: , at the county Form of St. warrant Form of a search warrant Form of a peace warrant These are therefore to command you to take the said E. F., if he [or she] be found in your county; or, if he [or she] shall have fled, that you pursue after the said E. F., into any other county within this state, and take and safely keep the said E. F., so that you have his [or her] body forthwith before me: [or in cases where the accused may be taken before a justice of the peace, other than the one who issued the warrant add] or some other justice, to answer the said complaint, and be further dealt with, according to law. Given under my hand and seal, this 3.-Form of a search warrant. day of A. B. (SEAL.) THE STATE OF OHIO, These are therefore to comm..nd you, in the name of the State of Ohio, with the necessary and proper assistance, to enter, in the day time, into [here describe the house, or other place as above] of the said E. F., of the township and county aforesaid, and there diligently search for the said goods and chattels; and if the same, or any part thereof, be found upon such search, that you bring the goods so found, and also the body of E. F., forthwith before me, or some other justice of the peace for said county, to be disposed of, and dealt with, according to law. Given under my hand and seal, this day of 4.-Form of a warrant to keep the peace and be of good behavior. THE STATE OF OHIO, county, ss. To any constable of the said county, Greeting: Whereas, complaint hath been made before me, one of the justices of the peace in and for said county, by one C. D., of county, on oath, [or affirmation,] that he [or she] hath just cause to fear, and does fear, that one G H.. late of the county of will, [here state the threatened injury or violence, according to the fact, as sworn or affirmed to]: These are therefore to command you, in the name of the State of Ohio, to apprehend the said G. H., and bring him [or he for she] should not find surety to keep the peace, and be of Given under my hand and seal, this day of 5.-Form of recognizance of the party accused. THE STATE OF OHIO, county, ss. day of Recognizance of in the C. D. and E. F. personally appeared be- party accused fore me, A. B., one of the justices of the peace in and for the county aforesaid, and jointly and severally acknowledged themselves to owe the State of Ohio the sum of dollars, to be levied of their goods and chattels, lands and tenements, if default be made in the condition following, to wit: The condition of this recognizance is such, that if the above bound C. D. shall personally be and appear before the court of common pleas, on the first day of the term thereof, next to be holden in and for the county aforesaid; [or if such recognizance be taken in term time, then it shall require the party to appear forthwith before such court,] then and there to answer a charge of* [here name the crime or offence with which the party is charged], and abide the judgment of the court, and not depart without leave; then this recognizance shall be void: otherwise it shall be and remain in full force and virtue in law. Taken and acknowledged before me, on the day and year first above written. A. B., Justice of the peace. Recognizance 6.--If the recognizance should be to compel the appearance of witnesses on behalf of the State, then the condition thereof will run thus: The condition of this recognizance is such, of witness that if the above bounden C. D. shall personally be and appear before the court of common pleas, on the first day of the term thereof, next to be holden for the county aforesaid, [or forthwith as the case may require,] to give evidence, and the truth to say, on behalf of the State, touching such matters as shall then and there be inquired of him [or her], and not depart the court without leave; then this recognizance shall be void: otherwise it shall remain in full force and virtue in law. Taken and acknowledged before me, on the day and year above written. A. B., Justice of the peace. 7. If the recognizance be to keep the peace, then follow the fifth form to the star; and after stating the offence as there |