Forms of recognizances. THE STATE OF OHIO, COUNTY, SS. Recognizance of witness. Be it remembered, that on the day of, in the year E. F. and G. H. personally appeared before me, 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 conditions of this recognizance is such that if the above bound E. F. shall personally be and appear before † the court of common pleas on the first day of the next term thereof [or, if the probate court has jurisdiction of the matter or offense, on the first day of the next term of the probate court for the trial of criminal cases, or, if such court is at the time in session, the recognizance shall require the (witness) accused to appear forthwith before it], then and there to give evidence and the truth to say on behalf of the state, touching such matters as shall then and there be required of him, 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. THE STATE OF OHIO, To keep the peace. A. B., Justice of the Peace. COUNTY, SS. day of, in the in the year appeared before me, and Be it remembered, that on the -, E. F. and G. H. personally 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 E. F. shall personally be and appear before the court of common pleas, on the first day of the next term thereof [or, if the probate court has jurisdiction of the matter or offense, on the first day of the next term of the probate court for the trial of criminal cases, or, if such Forms of commitment. court is at the time in session, the recognizance shall require the accused to appear forthwith before it], then and there to answer unto a complaint of C. D. that he has reason to fear, and does fear, that the said E. F. will [here state the charge in the complaint], and abide the order of the court thereon, and in the meantime to keep the peace and be of good behavior toward the citizens of the state generally, and especially toward the said C. D., then this recognizance shall be void; otherwise to be and remain in full force and virtue in law. Taken and acknowledged before me, on the day and year above written. [S. & C. 817.] A. B., Justice of the Peace. SEC. 59. Forms of commitment. Commitments substantially in the forms following shall be deemed sufficient: THE STATE OF OHIO, Commitment after examination. COUNTY, SS. To the keeper of the jail of the county aforesaid, greeting: Whereas, E. F. has been arrested, on the oath of C. D., for [here describe the offense], and has been examined by me on such charge, and required to give bail in the sum of— dollars for his appearance before the court of common pleas [or before the probate court, on the first day of the next term thereof, for the trial of criminal cases, or forthwith, as the fact was], which requisition he has failed to comply with. [But this requisition of bail is only to be made in bailable offenses.] Therefore, in the name of the State of Ohio, I command you to receive the said E. F. into your custody, in the jail of the county aforesaid, there to remain until he be discharged by due course of law. Given under my hand and seal, this day of A. B., Justice of the Peace. Forms of commitment. THE STATE OF OHIO, Commitment pending examination. COUNTY, SS. To the keeper of the jail of the county aforesaid, greeting: Whereas, E. F. has been arrested on the oath of C. D., for [here describe the offense according to the facts], and has been brought before me for examination, and the same has been necessarily postponed by reason of [here state the cause of delay according to the fact]. Therefore I command you, in the name of the State of Ohio, to receive the said E. F. into your custody, in the jail of the county aforesaid [or in such other place as said justice shall name], there to remain until discharged by due course of law. Given under my hand and seal, this day of A. B., Justice of the Peace. [S. & C. 818, 819.] Clerk shall make two lists, etc. SECTION. CHAPTER III. THE GRAND JURY, AND ITS PROCEEDINGS. SECTION. 1. Clerk shall make true lists of the 13. Court may proceed against him persons required to appear at for contempt. Court may appoint a grand juror in case of death, etc., of any one of the panel. 15. A new grand jury may be sum 17. moned. 16. The fact that indictment has been 8. Court of common pleas may ap- 9. Common pleas or district court 19. 10. The clerk to issue subpenas for When name of prosecuting witness to be indorsed on indictment. Proceedings against prosecuting witness when accused is acquitted. 21. The grand jury to visit the jail. 11. Oath of witnesses and certificate 22. Proceedings when indictments are thereof. returned to court. 12. Proceedings where witness before 23. Disposition of persons in jail and grand jury refuses to testify. not indicted. SECTION 1. Clerk shall make two lists of the persons required to appear at court. Before the first day of each term of a court at which a grand jury is summoned to appear, the clerk of the court shall make two lists, on which he shall enter the names of all the persons who appear by the returns of the magistrates to have been either committed or bailed for an offense during the vacation of the court, the name of the magistrate who committed or bailed, and distinguishing whether such person was committed or bailed; one of which lists shall be delivered by the judge to the foreman of the The court shall appoint a foreman. grand jury, and the other, together with all the transcripts and other documents returned by the magistrates, shall be delivered to the prosecuting attorney. (Sayler, 2133, § 67.) SEC. 2. The court shall appoint a foreman. When the grand jury is impaneled in the manner provided by law, the court shall appoint one of the number foreman. (Sayler, 2133, $68.) FORMATION OF THE GRAND JURY. The first entry after opening the minutes for criminal proceedings, is on the return of the venire facias for the grand jury. For the manner of drawing, issuing for, and forming the grand jury, see Sayler, chap. 2531. A general form is here given. A faithful record of all the proceedings should be given. A grand juror may be punished for a contempt, in the same manner as a petit juror, as provided by Sayler, chap. 2531, § 18. ENTRY ON RETURN OF THE VENIRE FACIAS. The venire facias for a grand jury, heretofore issued, and returnable this day at 10 o'clock A. M., was duly returned by the sheriff, with his indorsement thereon, as follows, to wit: 18-, April 16th. Served the within-named jurors, as follows, etc. [copy the return in full]. And upon calling the same in open court, A. B., D. F., L. M., etc., appeared in answer thereto; and, for good cause shown, the court excused D. F., and ordered that a rule issue for T. M., returnable to-morrow morning at 10 o'clock, to which time the remaining jurors were excused. And the panel being incomplete, the court ordered a special venire facias' to issue to fill up the same, returnable to-morrow morning at 10 o'clock; whereupon the clerk issued a venire facias for the following-named persons, to wit, M. N., etc. Or, if there be no rule or attachment, or other cause of delay, the special venire may be made returnable forthwith, and its return. be made a part of the above. If returnable at a future day, it may be a separate entry as follows: 1Sayler, chap. 2531, sec. 8. |