Docket to be kept, and transcript to be forwarded to clerk. WHEN THERE IS AN EXAMINATION AND DEFENDANT IS DISCHARGED, AND JUDGMENT FOR COSTS. (Title II, chap. 2, sec. 20.) January 7, 18-. Defendant appeared, and, there being no plea of guilty, examination was had, and said complaint was inquired into by me, in presence of the defendant; D. S. [etc.], witnesses, being sworn and examined by me, and, upon the whole examination, it appears that there is not probable cause for holding the defendant to answer said offense, he is therefore discharged from further appearance; and said complaint is dismissed, and the same being, in my opinion, without probable cause, it is ordered, adjudged, and considered by me that the State of Ohio recover of said C. D., the complainant, and D. W., his security, upon the acknowledgment heretofore signed by them in this cause, the costs made upon said complaint, taxed at dollars, and thereupon I issued execution for said costs. WHEN THERE IS A PLEA OF GUILTY TO A COMPLAINT FOR A MISDE MEANOR. (Title II, chap. 2, sec. 17.) [Give date and preliminary proceedings.] And said E. F. being now brought before me to answer said complaint, for plea says that he is guilty of the offense therein charged against him; and thereupon he is ordered and required by me to enter into a recognizance for his appearance in court, according to law, to answer said complaint [etc., the same as upon examination, and, in default of recognizance, commitment may be made]. Or, if it be a complaint by the party injured, the magistrate may sentence the accused, and render judgment thus: and thereupon the said E. F. is ordered, adjudged, and sentenced by me to be imprisoned in the work-house of the city of [or in the jail of said days, and to pay a fine to the State of Ohio, in the sum of dollars and cents, and to pay the costs of this prosecution, taxed at dollars and county], for cents, and that the said E. F. stand committed, and be imprisoned in the jail of this County [or the work-house of said city of], until said fine and costs be paid, or he be otherwise discharged, according to law. And, thereupon, I issued a mittimus for the committment of the Docket to be kept, and transcript to be forwarded to clerk. defendant, and an execution for said fine and costs [if an execution is issued], and delivered said writs to J. W., constable. WHEN THE ACCUSED WAIVES A JURY AND SUBMITS TO BE TRIED BY THE MAGISTRATE. (Title II, chap. 2, sec. 18.) And the said E. F., being now brought before me to answer said complaint, for plea says that he is not guilty of the offense therein charged against him, and, in a writing subscribed and filed by him, waived a jury and submitted to be tried for the offense charged in said complaint by me. And, having heard the evidence, I find the said E. F.† not guilty. Or if the accused is convicted, follow to the † and then add :-guilty of the offense charged against him in said complaint. If the offense is one mentioned in Title II, chap. 7, sec. 4, add :—and assess the value of the property stolen, or embezzled, or falsely obtained, at dollars. And, thereupon, the said E. F. is ordered, adjudged, and sentenced by me to be imprisoned in the work-house of the city of -[or in the jail of said county,] to be kept at hard labor for State of Ohio in the sum of · ecution, taxed at days, and to pay a fine to the dollars, and the costs of this pros dollars, and that the said E. F. stand committed and be imprisoned in the jail of this county [or the workhouse of the city of -1 until said fine and costs be paid, or he be otherwise discharged according to law. And, thereupon, I issued a mittimus for the commitment of the defendant, and [if an execution is issued] an execution for said fine and costs, and delivered said writs to J. W., constable. WHEN AN INFANT UNDER THE AGE OF FOURTEEN YEARS IS COMMITTED. (Title II, chap. 2, sec. 25.) G. H., an infant, who, on the day of, A. D. 18-, was of the age of years, having been brought before me during the examination of the said E. F., and it having been ascertained by me by the testimony of [naming the witnesses], that the said G. H. was a suitable person to be committed to the discipline and instruction of the [naming the institution to which the infant is to be committed], under the guardianship of the directors thereof, it is ordered by me that the said G. H. be so committed and delivered to the charge of such directors. (Sayler, chap. 1709, § 248.) Docket to be kept, and transcript to be forwarded to clerk. And, thereupon, I issued a mittimus for the commitment of the said G. H., and delivered said writ to J. W., constable. WHEN RECOGNIZANCE IS FORFEITED. January 7, 18-. (Title II, chap. 2, sec. 16.) The defendant failed to appear at any time on the said day, as by his recognizance he was bound to do, and the same became and was forfeited. Or, if defendant appeared and escaped without abiding the order of the magistrate, say: January 7, 18, 10 o'clock, A. M. Defendant appeared, and the examination in this cause was commenced [or had, as the case may be, giving the particular stage to which the proceedings had progressed], and, thereupon, the said E. F. departed without leave, and failed to abide my order herein, as by his recognizance he was bound to do, and the same became and was forfeited. After such forfeiture, the accused may still be arrested and dealt with, if he can be found. The items of costs in the whole case should be fully given upon the docket, including the number of miles and mileage of each witness, and of the constable upon each writ. OF THE FORMS AND PROCEDURE FOR MAYORS AND POLICE JUDGES. The procedure given in this chapter will be the same for mayors and police judges as for justices of the peace, and the forms given for justices, with such slight alterations as will readily suggest themselves to the mind of the officer, will be as well adapted to the use of mayors and police judges as to that of justices. The mayor or police judge, in alluding to himself as the authority, in a writ or affidavit, will say: "One of the magistrates in and for said county, to wit, the mayor [or police judge] of the incorporated village [or city] of, in said county. These forms and procedure are given solely with reference to prosecutions for violations of the state laws; but they will, for the most part, be adapted to use in prosecutions for violations of village and city ordinances also. To what extent they will be so adapted will depend upon the action of city and village councils in conform Arrest of fugitives from other states. ing their criminal procedure to that under the state laws as far as possible, for the sake of convenience in practice. The venue of a writ in a city or village ordinance procedure, will be stated thus: Every charge of the violation of a city or village ordinance should allege that the same was committed in the city or village. FUGITIVES FROM OTHER STATES. SEC. 27. Arrest of fugitives from other states. When an affidavit is filed before any judge of a court of common pleas, or any judge of probate or police court, or any justice of the peace, setting forth that a person charged with the commission of any offense against the laws of any other state, or of any of the territories of the United States, and which, if the act had been committed in this state, would, by the laws thereof, have been a crime, is, at the time of filing such affidavit, within the county where the same may be filed, such judge or justice of the peace shall issue his warrant, directed to the sheriff or any constable of the county, commanding him forthwith to arrest and bring before him the person so charged. (Sayler, 2190, § 211.) AFFIDAVIT FOR WARRANT FOR THE ARREST OF A FUGITIVE FROM JUSTICE. Before me, A. B., personally came C. D., who being duly sworn according to law, deposes and says that E. F. is a fugitive from justice from the state of - where he stands charged with a crime committed in that state, viz.: [here describe the offense committed] which said acts are by the laws of said state of an offense, and which said acts, if they had been committed in the State of Ohio, would, by the laws thereof, have been a crime; that the said May be committed to jail. E. F. has fled from said state of and has taken refuge in the State of Ohio, and is now within the said county of Sworn to and subscribed before me this C. D. day of A. B., Justice of the Peace. For form of warrant, see Title II, chap. 2, sec. 9 page 319. SEC. 28. May be committed to jail. When the person arrested, as provided in section twenty-seven, is brought before the officer issuing the warrant, he shall hear and examine such charge, and upon proof by him adjudged to be sufficient, commit such person to the jail of the county in which such examination is had, or cause him to be delivered to a suitable person to be removed before any such judge or justice of the proper county in which to take such examination, who shall take the same, and proceed as if the warrant had been issued by him. (Sayler, 2191, § 212.) ORDER COMMITTING PRISONER TO AWAIT A REQUISITION Charge, being a fugitive from justice. The said E. F. having been brought this day before me under a warrant issued by me [or by, naming the magistrate or judge issuing the warrant], charging him, the said E. F., with having committed the crime of [here describe the offense] in the state of and with being a fugitive from justice from said state off and said charge having been heard and examined by me, it is ordered by me that the said E. F. be committed to the jail of said county for the period of days [name a reasonable time for the purpose of procuring a requisition], unless he be discharged or surrendered up, in the meantime, by due course of law. ORDER TO TAKE PRISONER BEFORE JUDGE OR JUSTICE FOR EXAMI NATION. Follow preceding form to †, and then add: it is ordered by me that the said E. F. be delivered to [naming the magistrate], and that the said [naming the officer] take the said E. F. forthwith before [naming the justice or judge] to be examined on said charge. |