The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-05-07
AN ACT

! Dirs citing the mode of,rials in examining
courts, by whom such courts shall be
held, and the manner of admitting to
bail in criminal cases.
SEC. l. BE il enacted by the General
Assembly ofhe State Of Ohio. That when
anv person shall have been committed 10
jail charged with the commission Of any
crime or offence, and wishes TO be. dis.
charged from such imprisonmen,tho sher-
ifr or jailor shall forthwith give to the
probate j'nlge, clerk, and prosecuting at.
torney, oi the proper county, at least three
days notice Of the time Of holding an ex.
amining court. whose duty il shall he to
attend according 10 snch notice, Al the
court house; and said judge having heard
the Testimony, shall, at his discretion,
discharge the accused, admit him or her
10 bail, or remand 10 prison; and said
probate Judge shall have power to adjourn
from dav to day; during such examina.
ton, or for such longer period as be shall
deem necessary for The furtherance Of
justice, on The good cause shown by the
State or the accnsed.
SEC. 2. If said court shall adjndge
said prisoner ought to be held 10 bail, it
shall recognize him or her in such sum
and with such security as he shall deem
sufficient, conditioned for the appearance
Of snch person at the next term Of The
court Of common pleas, ID said county,
or TO such court as shall have jurisdiction
in The trial ofsuch cause; aud in case
such prisoners fails to give secu,iiy, he or
she shall be remanded,o Jail; and in all
cases where the prisoner is reinanded
or held TO bail, the court shall recognize
the witness or witnesses on the part Of
the State, to appear at the next court Of
common pleas, 10 be holden in and for
The county where SUCH prisoner is to be
tried. or in such court as shall have jpris
diction in the trial ofsuch cause. 4
SEc. 3, The examining court, If the
prisoner fails to give security, shall order
the clerk TO enter on the journal of ihe
court Of common pleas, in what sum and
with what securities he OF she may be
recognized; and at any time there
after, upon the prisoners giving such se-
curity asrequired by the examining court.
any Judge Of the supreme court. court Of
common pleas, or the probate Judge of
lhe proper county, may discharge him OF
her.
SEC. A. In all cases where single
Judge or examining court may recognize
i prisoner under the provisions OF this aci,
he shall forthwith deposit with the clerk
of the court Of common pleas, in said
county, the recognixance so taken, also
a warrant directed to The jailor, requiring
him 10 discharge the prisoner.
SEc. 5. When any person charged
with the commission Of any bailable Of
fence, shall be confined in Jail, whe.her
committed by warran, under the hand
ind seal Of any judge or justice Of the
peace, or by the sheriff or coroner, under
any capias, upon Indictment found, il
shall be lawful for any judge Of the SUI
preme court, Judge Of the common pleas
within his sdistrici, or probate judge wirhin
his county, 10 admit such person 70 bail,
by recognizing such person III such sum.
and with such securities, as 10 such Judge
shall deem proper, conditioned for his or
her appearance before the proper court.
70 answer the offence wherewih he or
she may be charged; aud for taking such
bail, the said judge may, BY bis special
wasssnt, under his hand and seal, reqaise
the sheriff or jailoT, TO bring such accused
before him at the cour, house otstbs pro.
PEI eaaaty, at such time as in such var