The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-28

ship for any inmate of said institution whom I
Iney may deem q proper person for an appren- /
liceship to trade or occupation, to such per.
son as said committee or the board may select
and agree with; and that said indentures shall |
have the like force and effect as other indent-
ures Of Apprenticeship under the laws Of Ohio,
and that said indentures shall be fled and
kept in said Institution by the superintendent
thereof, and it shall not be necessary to file or
Sec 80. That when any boy or girl shall
be convicted of any offence against the laws Of
this state, punishable with Imprisonment ini|
the penitentiary, or in the Jail of the county
where such house Of refuge may be situate, and
shall, under existing laws, be sent to the house
Of refuge, instead Of the penitentiary or the
Jail, and said boy or girl shall refuse to submit
to the rules Of said institution, and prove to
be stubborn and irreclaimable, in the opinion
Of majority Of said board, he or she may, by
their order, be delivered into the custody Of the
sheriff of said county, with written statement
OF the cause of his or her commitment, and of
the conduct and character of such boy or girl,
as exhibited in said institution, which state
ment shall be prepared and signed by the su-
peiintendent Of the institution and it shall be
the duty of the sheriff to receive such boy or
girl into his custody, and to file said statement
in the officeof the clerk Of the court Of common
pleas or in the Office of the clerk of the court in
which he or she shall have been tried, and tono-
tify Representing attorney of fthecounty there,
Of; and thereupon the prosecuting attorney shall
cause such boy or girlto be brought before the
court Of common pleas, or before the court in
which he or she may have been tried, to receive
the sentence which the court shall deem Just,
according to the law, for the offence of which
heor she shall have been conyicted,a Jas aforesaid.
Sec 81. That when any inmate of said in
stitution shall have been apprenticed, and
shall prove untrustworthy and unreformed, he
or she shall be re-committed to the said insti-
tuition, to beheld in the same manner as before
said apprenticeship.
Sec. 52. The city council shall have power
to erect, establish and maintain city prison,
which shall be in the keeping Of the city mar
shal, under such rules and regulations as the
city council shall prescribe, The city council
Of such city shall provide one or more watch
or station houses; they shall also provide suit.
able rooms for the holding of the police court;
they shall provide by ordinance for the election
by the qualified voters of the city, or for the ap
pointnent by the police judge, of clerk for
such police court, and for the selection, summon
ing or empanneling its juries, and for all such
matters touching said court, as may tend to its
efficacy and dispatch of business. No clerk of
said court shall be in any manner concerned as
counsel, or agent, in the prosecution or defence
of any person before such court 1t shall be
the duty ofthe city marshal, by himself ordep-
uty, to attend the sittings of the police court,
to execute its orders and process, and preserve
order.
Sec. S3. The police Judge shall have, in all
criminal cases, the powers and jurisdictions
that are. or may be by law, vested in the justi-
ces of the peace of the county, in all respects
whatsoever he shall also have like power to
take the acknowledgment of deeds and other
writings; he shall have jurisdiction of all VIC,
lations of the ordinances of the city, and of all
cases of petit larceny, and other inferior often
ces, which do not require an indictment, or
presentment of grand jury, with power to
hear and determine the same, where jury is
not demanded, in cases where it may be prop
erly claimed; the police Judge of any such city,
shall have power TO hold court, to be styled
"The Police Court" Every such police court
shall be deemed a court of record, shall have a
seal, to be provided by the city council, with
the name of the state in the CENTRE and the style
of the court around the margin, and shall have
like jurisdiction as court, asis or may be ves-
ted in the Judge holding the same; and shall
also have full jurisdiction and pow er to hear
and determine all cases of violations of the or
dinances of the city, which shall be prosecuted
in the name, or in behalf of the city; and all
cases Of petit larceny, and other inferior offenc-
es of every description, committed within the
limits of the city, or within one mile thereof,
and which the constitution or some law of the
state, does not require to be prosecuted by in
dictment or presentment of grand jury,
and prosecutions for such offences, shall be
brought and conducted in the name of the state;
and for the proper exercise of such jurisdiction,
such police court shall have, in respect to the
issuing of process, the preserving order, and
furnishing contempts, the administering oaths,
the summoning and empanneling of juries, or
otherwise, all the powers incident to a court of
common pleas, in the hearing and determining
like cases.
Sec. "a. The police Judge holding the po-
lice court shall be entitled to receive, in all
criminal cases prosecuted in behalf Of the
state, the same fees, to be collected in like
manner as is or may be provided by law, as to
justices of the peace, orjudges of the probate
court, in like cases; and in case prosecuted on
behalf of the city, such fees, not exceeding
fees for services OF the like nature in state pros
ecuti ,ns, as the council may by ordinance pre-
scribe; and shall also receive such further sal
ary or compensation as the city council in like
manner may prescribe.
Sec. IS. The police court shall always be
open for the dispatch of business, but may ad-
ioum from day to day, or from time to time;
and the mode in which cases shall be brough
before the court, shall be regulated by the or
dinance of the city council, or rule of the
court; the urers in said court, shall have the
qualifications of Jurors in thecourt of common
please; the police Judge shall adopt such rules
of practice and proceeding as will give to all
parties a proper statement Of any charge
against them, full opportunity Of being heard
but shall at the same time dispatch, the busi
ness of the court with all convenient speed.
Sec. Sc. Any final conviction or sentence
of the police court, may be examined into by thu
I court of common pleas, on certiorari, which
may be allowed by such court or q Judge there
of, for sufficient cause, and proceedings may b.
stayed on such termsas may be deemed reasona
Bile; such police Judge or court, shall return OF
such certorari all matters of record or on the fill
touching the proceedings, or transcript there
of, and any facts which may have been notet
by the jndge, or certified in the nature Of bill
Of exceptions at the time OF trial, which shal
be the duty of the Judge. onrequest of thepar
ty to do; and on such return, the court OF com
mon pleas shall make such order as right ant
Justice may yrequire, and may either discharge tn
pal ty, or set aside the conviction and order an
other trial, OF dismiss the certiorari and orde
precedendo; but no conviction or sentence o
any such Judge shall be set aside or disregar
ded for the want of any technical ayerment
that any matter or thing is within their juris