shall be summoned and impanelled by the sheriff, as heretofore practiced in the several counties. Sec. 19. Be it further enacted, That where a sufficient number of grand jurors shall not appear, who had been selected and summoned, agreeable to the provisions of this act, before any court of record, at their stated term, the court shall order the sheriff or coroner (as the case may be) to summon from among the bystanders or neighboring citizens, so many good and lawful men as are necessary to complete the panel of grand jury. cess. Sec. 20. Be it further enacted, That all writs style of proand process shall run in the style of "The state of Ohio, county, ss." shall bear test in the name of the presiding judge, be sealed with the seal and signed by the clerk of the proper court and shall be dated the day on which the same may issue. Sec. 21. Be it further enacted, That every person requiring a writ, shall file a precipe with the clerk, who shall make out and deliver such writ or process as directed; and in all cases of mesne process, where the plaintiff doth not reside in the county or possess any land therein, the writ shall be endorsed by some freeholder, resident in the county, as security for costs, before the sheriff shall serve the same, and the clerk shall endorse on the writ for what it was brought, and also the amount appearing to be due or sworn to. Any person writ, to file requiring a precipe. When writ dorsed by a to be en freeholder. Clerks, com missioners Sec. 22. Be it further enacted, That the clerks of the supreme courts and courts of common of bail pleas, shall be constituted commissioners of bail. Sheriff to take bail. In what cases plain titled to Sec. 23. Be it further enacted, That the sheriff shall, in all cases where he serves a capias ad respondendum, take a bail bond, with one sufficient surety at least, in double the sum which appears to be due by the writ, conditioned for the appearance of the defendant, at the return of the writ, and that he will abide the order of the court and not depart without leave. Sec. 24. Be it further enacted, That the plaintiffs are en tiff shall be entitled to special bail, in all actions special bail. brought on covenants, bonds, sealed bills, bills of exchange, notes, proven accounts, or where a sum is sworn to be due, as a matter of course, and in all cases where the court, from the particular circumstances of the case may direct, and order bail to be filed. Causes for trial, etc., to the clerk's office. Sec. 25. Be it further enacted, That all causes, be noticed in whether in law or equity, at issue, or causes on inquiry of damages, shall be noticed in the clerk's office for trial, ten days before the term, and the clerk shall cause a fair statement of all such actions as are noticed for trial, to be made out and put up in some conspicuous part of his office, where it shall remain until that term of the court is over. Clerks to issue rules and commissions in vacation. Judges of common pleas may appoint clerks pro Sec. 26. Be it further enacted, That the clerks of the said court are hereby severally authorized and required, to issue rules and commissions, at any time in vacation, for taking depositions, in the same manner as is prescribed by an act, entitled, "An act concerning testimony." Sec. 27. Be it further enacted, That the judges of the common pleas may and they are hereby authorized, to appoint a clerk pro tempore, when ever it may be necessary in any county, by reason tempore in of the office being vacant. certain in cases re moved by writ of error, etc. Sec. 28. Be it further enacted, That whenever a Proceedings cause shall be removed by error or writ of certiorari, bail or bond for prosecuting the same, shall be put in by the second day of the term to which the record is returnable, and the reasons or assignments of errors, shall be filed on the third day of the same term and in all causes removed by a writ of habeas corpus cum causa, the record of all proceedings in the cause, shall be removed into the supreme court, and bail, if the suit requires bail, shall be put in on the first day of the term and a trial had the same term, unless one of the parties shall, on cause shown, have leave to declare or plead de novo. Sec. 29. Be it further enacted, That the court of common pleas shall appoint, in each county, an attorney, to prosecute in behalf of the state, who shall be entitled to receive for his services such fees or compensation as shall be allowed by law. Sec. 30. Be it further enacted, That no action, plea or plaint, shall be abated or discontinued, by reason of the non-attendance of the judge or judges of any court of record within this state. Sec. 31. Be it further enacted, That in all criminal actions or complaints, every court of record is hereby authorized, to send their sheriff or coroner (as the case may be) to arrest or summons any person in the limits of the state, on suggestion made to the court, that such respondent or witness is not then residing within the county where the cause of action originated, who shall be bound Court of pleas to aptorney. common point at Actions, etc., by non-atjudges. not abated tendance of Power of rest or suminal cases. courts to ar mons in crim Times of holding the supreme court in the different counties. In what cases the prosecutor a competent witness. to comply with the process of the court, agreeable to law, and any officer arresting a person or persons by virtue of this section, shall have full power and authority, at all times when necessary, to take to his assistance a sufficient number of persons to be aiding and assisting in arresting, guarding and conveying such person or persons to the jail of the county, where the process issued. Sec. 32. Be it further enacted, That the supreme court for the several counties, shall be held as follows, viz.: For the county of Trumbull, the sixteenth day of August; Columbiana, the twentysecond of August; Jefferson, the twenty-fifth of August; Belmont, the second of September; Muskingum, the eight of September; Washington, the twelfth of September; Athens, the twentythird of September; Gallia, the twenty-seventh of September; Scioto, the second of October; Adams, the sixth of October; Highland, the tenth of October; Clermont, the thirteenth of October; Hamilton, the seventeenth of October; Butler, the second of November; Warren, the fifth of November; Montgomery, the eighth of November; Green, the eleventh of November; Champaigne, the fourteenth of November; Franklin, the eighteenth of November; Fairfield, the twenty-second of November; Ross, the twenty-seventh of November; and that if any of the aforesaid days should happen on Sunday, then the court shall be holden on the next day. Sec. 33. Be it further enacted, That in all cases where an indictment shall be found on a charge of larceny, burglary or robbery, the prosecutor shall be a competent witness, but that his or her credibility shall be left to the jury sworn to try the cause. clause. Sec. 34. Be it further enacted, That the act Repealing passed the fifteenth day of April, one thousand eight hundred and three, entitled, "An act, organizing the judicial courts;" and also, the act to amend the act, entitled, "An act, organizing the judicial courts," passed the eighteenth day of February, A. D., eighteen hundred and four, be and the same are hereby repealed. This act shall be in force, from and after the Commencefirst day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. ment of this act. JAMES PRITCHARD, Speaker of the senate. Febuary 22, 1805. CHAPTER IV. An act, regulating the fees of civil officers, in civil and criminal cases. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That from and after the taking effect of this act, the fees and compensations to the several officers and other persons herein mentioned, shall be as follows, and no more, viz.: SHERIFFS' FEES IN THE COMMON PLEAS. Sheriffs' fees in common For the service of every writ or summons and pleas. |