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Condition of re
court or prope
render judgment against the person complaining for the costs of may be tared
with the costs prosecution, and award execution thereon.
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 persoil or persons bound thereby, to appear forthwith before such court.
Sec. 20. And all recognizances, authorized to be taken as Recognizance aforesaid, eitier in terin tine, or vacation of that court into to be returned to which the same may be returnable, shall be delivered or trans.com
w 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 unnecessary delay, and before the commencement or the term of the court, next thereafter to be hol·len, if such recognizance were taken in vaca ion; but if the saine were taken in term time, then it shall be returned forth with.
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 keena and wen the party accused shall be recognized, or committed docket in crimi.
nal as in civil for the wint of sich 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 minner poi ited out in the preceding sec court 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.
Sec. 22. 1. it shall become necessary, by reason of the ab. se ice of any material witness, or other just cause, to postpone Justice may or delay the trial or examination of any person charged with commit before the commission of any crime or offence, ii shall be awful for it
witnesses can be the justice of the peace, before whom such person is brought, obtained to comnit 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. Sec. 23. In all cases, arising under the provisions of this or
Where justice any other act, in which a justice of the peace shall have power has 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 ada such fine, and to tax such costs for himself, the constable and and issue execuwitnesses, as are or may be allowed hy law, for similar services tion 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,
justices' fees 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 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
has power to fine
dgment there. for and costs,
In what cases county
of county trea. sury
arrest in any
the auditor of such county, in the manner hereinafter pro vided.
Sec. 25. Constables shall be ministerial officers of the rowers and du courts holden by justices of the peace in criminal cases, within nes of constables ha
bles their respective counties: Second-And it shall be their duty T'o suppress to apprehend and bring to justice felons and disturbers of the rots, keep the c. etc. *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 1' troughout 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 wall flee, they any crime or offence, shall flee from justice, it shall be lawful may pursue and for any constable of the county, wherein such crime or offence part of the Blate 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.
Sec. 26. Every constable shall be entitled to have the same Vhen State, fees, for the execution of all process, and for other services fails, or convict
insolvent, con rendered in criminal cases, wherein the State fails at any stage rables' fees to be in the prosecution, or the party convicted proves insolvent, as said out of coun:
" 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.
Sec. 27. Whenever a justice of the peace, before whom any mistice claiming person may have been prosecuted and acquitted, according to 1:03 under 24th the twenty-fourth section of this act, shall claim his fees as
de 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.
Sec. 28. Whenever any constable shall be entitled to fees :"-> when consta according to the provisions of this act, in cases where the e 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.
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 courta - Jurt, clerk shall in such case, to give the constable a certificate of his costs, as
$ 1° they shall appear in such transcript, or as they may have been
s from county casury
*it when there
Auditor to drary on treasurer for
county treasurco by justice in )
taxed in court; which certificate the constable shall deliver to such auditor.
Sec. 30. And it shall be the duty of such auditor, after carefully examining every such transcript or certificate delivered to him as aforesaid, and correcting the errors, if any, in the char- such costs ges, to draw an order on the county treasurer, in favor of any such ustice or constable, or his legal representatives, for the amount of such costs.
Sec. 31. All tines imposed and collected, by any justice, Fines ander this under the provisions of this act, shall be paid by him, unless art to be paid 1.) otherwise directed by law, to the treasurer of the county where 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 failins, aforesaid, it shall be the duty of the treasurer of the proper liar county, to prosecute such delinquent justice for the recovery shall suc 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:
liable to penalty and treasures
1.-Form of affidavit whereon to issue a State warrant. STATE OF Ohio, county, ss.
Porm ofatidari: Before me, A. B., one of the justices of the peace for said for a se gounty, personally came C. D., who being duly sworn according to law, deposeth and saith, that on or about the at the county of
[here describe the crime or offence committed, as nearly according to the nature thereof, as the case will admit,) and this deponent says (or does verily believe, as the case may be,] that one G. H. is guilty of the fact charged, for was aiding and assisting in the commission thereof, as the case may be;] and further this deponent saith not. Sword to and subscribed before me, at the
C. D. county aforesaid, this day of A. B. justice of the peace.
2.----Form of a State warrant. THE STATE OF Ohio,
Form of Siche county, ss.
warrant To any constable of said county, Greeting: 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 , at the county
[here state the crime or offence, and whether it was committed by the aecused, as principal or accessory, according to the affidavit):
These are therefore to command you to take the said E. F., if
A. B. (SEAL.)
county, ss. To any constable of said county, Greeting: Form of a search Whereas it appears to me, A. B., one of the justices of the varrant peace in and for the said county, that the following goods and
cbattels, to wit: (here describe the articles according to the
in the county oi
Á. B. [SEAL.]
form of a peace varrant
4.–Form of a warrant to keep the peace and be of good behavior.
Whereas, complaint hath been made before me, one of the justices of the peace in and for said county, hy one C. D., of
county, on oath, for affirmation,] that be for she] bath just cause to fear, and does fear, that one G. H., late of the county of
will, shere 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
in the recognizaneo Bf
State of Ohio, to apprehend the said G. H., and bring him for her] forthwith before me, or some other justice of the peace, within and for the said county of
to show cause why he (or she) should not find surety to keep the peace, and be of good behavior towards the citizens of the State generally, and the said C. D.' especially, and for his for her] appearance before the court of common pleas, next to be holden in and for the county of Given under my hand and seal, this day of
A. B. (SEAL.) 5.–Form of recognizance of the party accused. The State of Ohio,
county, ss. Be it remembered, that on the day of year
, 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* There 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. 6.--If the recognizance should be to compel the appearance of witnesses on behalf of the State, then the condition thereof
ereo Recognizance 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 holder for the county aforesaid, for sorthwith 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 for 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 aster stating the offence as there