Suspension in misdemeanors, etc. tels, lands and tenements, if default be made in the condition following, to wit: Whereas, lately, in a certain action pending before me between the State of Ohio and the said E. F., judgment was rendered against the said E. F., and the said E. F. has filed his petition in error in the court of county, and has obtained an order suspending the execution of said judgment during the pendency of said proceedings in error, now the condition of the above obligation is such † that if the said E. F. will prosecute his petition in error to effect, and will surrender himself to the custody of the sheriff of county [or of the superintendent and directors of the work-house of the city of], in case the said judgment against the said E. F. be not reversed, or a new trial ordered, then this recognizance shall be void, otherwise it shall be and remain in full force and virtue of law. E. F. [SEAL.] Taken and acknowledged before me, and approved by me, on the day and year above written. A. B., Justice of the Peace. [or Mayor of, etc.] BOND TAKEN BY CLERK OF COURT. State of Ohio,} SS. county, day of A. D. 18-, per Be it remembered that on the sonally appeared E. F. and G. H., 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: whereas lately, in a certain action of indictment, pending in the court of common pleas, of county, between the State of Ohio and the said E. F., and judgment was rendered against the said E. F., and the said E. F. has obtained leave to file a petition in error in the supreme court of Ohio [or in the district court of county], and an order suspending the execution of said judgment during the pendency of said proceedings in error, now the condition of the above obligation is such [follow the preceding form from the t.] E. F. [SEAL.] When sentence is reversed and defendant in penitentiary, etc. Taken and acknowledged before me, and approved by me, on the day and year above written. A. B., Clerk of Court, County. SEC. 15. When sentence is reversed and defendant in penitentiary. When a defendant has been committed to the penitentiary, and the judgment by virtue of which the commitment was made shall be reversed on proceedings in error, allowed under the provisions of this chapter, by which reversal the defendant shall be entitled to his discharge, or to a new trial, the clerk of the court reversing the judgment shall, under the seal of the court, forthwith certify the same to the warden of the penitentiary. (Sayler, 2189, § 203.) SEC. 16. When warden shall discharge accused. The warden, on receipt of such certificate, in case a discharge of the defendant be ordered, shall immediately discharge him from the penitentiary (Sayler, 2189, § 204.) SEC. 17. In case a new trial be ordered, the warden shall forthwith cause the defendant to be conveyed to the jail of the county in which he was convicted, and committed to the custody of the sheriff thereof. (Sayler, 2189, § 205.) SEC. 18. This title governs criminal proceedings in probate courts, etc. The provisions of this title, so far as applicable, shall govern criminal proceedings in probate courts which have criminal jurisdiction; and if a case arise not provided for herein, the practice heretofore observed may be followed, so far as may be necessary to prevent a failure of justice. (Sayler, 2197, §§ 231, 232.) An act providing for the punishment of crimes, etc. CHAPTER IX. ACTS REPEALED. SECTION 1. The following acts and parts of acts are hereby repealed: 1. Sections eleven, thirty-seven, thirty-nine, and forty of the act of March 7, 1835, entitled "an act providing for the punishment of crimes." (S. & C. 416.) 2. Section fifty-seven of the act of March 8, 1831, entitled "an act for the punishment of certain offenses therein named." (S. & C. 435.) 3. Sections two, three, and four of the act of February 28, 1846, entitled "an act to secure the inviolability of places of human sepulture." (S. & C. 437.) 4. Section two of the act of April 1, 1859, entitled "an act to prohibit the carrying or wearing of concealed weapons." (S. & C. 452.) 66 5. Section thirty-three of the act of March 27, 1837, entitled an act defining the powers and duties of justices of the peace and constables in criminal cases." (S. & C. 815.) 6. Sections fifty-four, fifty-five, fifty-six, and fifty-seven of the act of April 7, 1856, entitled "an act to provide for the uniform government and better regulation of the lunatic asylums of the state, and the care of idiots and the insane." (S. & C. 849.) 7. Section five of the act of April 10, 1856, entitled "an act in addition to the several acts in relation to the courts of justice, and their powers and duties." (S. & C. 1153.) 8. The act of March 22, 1860, entitled "an act to regulate the taxation and payment of costs in certain cases." (S. & C. 1184.) 9. Sections one, two, and five of the act of March 4, 1844, entitled "an act further to provide for the collection of costs in criminal cases." (S. & C. 1186.) Act defining the duties of sheriffs and coroners in certain cases, etc. 10. Section three of the act of February 25, 1824, entitled "an act defining the duties of sheriffs and coroners in certain cases." (S. & C. 1368.) 11. Section one of the act of March 1, 1838, entitled " an act further defining the duties of sheriffs and coroners.' (S. & C. 1402.) 12. Section thirteen of the act of May 1, 1854, entitled "an act to provide against the evils resulting from the sale of intoxicating liquors in the State of Ohio." (S. & C. 1435.) 13. Section six [four] of the act of April 26, 1861, entitled "an act to punish treason and other crimes." (Sayler, chap. 117.) 14. Sections three, four, five, six, and seven of the act of March 19, 1868, entitled "an act to punish and suppress prizefighting." (Sayler, chap. 1336.) 15. The act of February 19, 1866, entitled "an act authorizing the removal of convicts confined in the penitentiary, for trial on other indictments found, to the county where found." (Sayler, chap. 815.) 16. The act of April 7, 1863, entitled "an act supplementary to an act entitled 'an act providing for the punishment of crimes,' and of the several acts amendatory and supplementary thereto." (Sayler, chap. 384.) 17. Sections one and two of the act of March 9, 1866, entitled "an act prescribing the duties of the clerk and sheriff in carrying into execution the sentence of the court in cases of murder in the first degree." (Sayler, chap. 831.) 18. Section three of the act of April 15, 1855, entitled "an act to amend the fourth, fifth, and sixth sections of an act passed April 30, 1852, entitled 'an act to provide for the election of prosecuting attorneys, and prescribing their duties,' as amended April 30, 1862." (Sayler, chap. 758.) 19. The act of May 6, 1869, entitled "an act to amend section one (1) of an act entitled 'an act authorizing the removal of convicts confined in the penitentiary, for trial on other indictments found, to the county where found.'" (Sayler, chap. 1683.) 20. The act of May 6, 1869, entitled "an act to establish a Act to establish a code of criminal procedure, etc. code of criminal procedure for the State of Ohio," except sections two hundred and eight, two hundred and nine, two hundred and ten, two hundred and fourteen, two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, and two hundred and twentythree thereof. (Sayler, chap. 1710.) 21. The act of January 5, 1871, entitled "an act to amend an act entitled 'an act to establish a code of criminal procedure for the State of Ohio,' passed May 6, 1869." (Sayler, chap. 1935.) 22. The act of February 24, 1871, entitled "an act to require forfeited recognizances to be returned to county auditors." (Sayler, chap. 1959.) 23. Section two of the act of April 26, 1871, entitled “ an act to authorize county commissioners to pay expenses to persons authorized to pursue after fugitives from justice charged with crime, upon the requisition of the governor." (Sayler, chap. 2000.) 24. The act of May 1, 1871, entitled "an act to amend section one hundred and twenty-two of an act to establish a code of criminal procedure for the State of Ohio,' passed May 6, 1867." (Sayler, chap. 2033.) 25. The act of February 1, 1872, entitled "an act to amend section seventy-three of an act entitled 'an act to establish a code of criminal procedure for the State of Ohio,' passed May 6, 1869." (Sayler, chap. 2127.) 26. The act of February 10, 1872, entitled "an act to amend 'an act to establish a code of criminal procedure for the State of Ohio,' passed May 6, 1869, and an act amendatory thereof, passed January 5, 1871." (Sayler, chap. 2130.) 27. The act of March 7, 1872, entitled "an act further to amend an act to establish a code of criminal procedure for the State of Ohio,' passed May 6, 1869." (Sayler, chap. 2137.) 28. The act of April 27, 1872, entitled "an act to amend section eighty-seven of an act entitled 'an act to establish a |