The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-04-14

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President Of the Senate.
March "a. 1859.
tNo. sl.] AN ACT
Directing the mode Of trials in examining
courts, by whom such courts shall be
held. and the manner of admitting to
bail in criminal cases.
Sec. I. Be IL enacted By The General
Assembly Of The State Of Ohio, That when
any person shall have been committed to
jail charged with the commission Of any
crime or offence. and wishes to be discharg.
ed from such imprisonment, the sheriff or
iaiior shall forthwith give to the probate
Judge, clerk, and prosecuting attorney, Of
the proper county, at least three days no.
tice Of the time OF holding an examining
court, whose duty it shall be 10 attend &C.
cording TO such notice. at the court house;
and said Judge, having heard the testimony,
shall. at his discretion, discharge the &C.
cused, admit him or her to bail. or remand
10 prison; and said probate Judge shall
have power TO adjourn from day to day,
during such examination. or for such
longer period as he shall deem Necessary
for the furtherance Of justice, on good
cause shown by the State or the accused.
Sec. 2. If said court shall adjudge said
prisoner ought TO be held TO bail, it shall
recognize him or her in such sum and with
such security as he shall deem sufficient,
conditioned for the appearance Of such
person at the next term Of the court Of
common pleas. in said county, or to such
court as shall have jurisdiction in the trial
of such cause; and in case such prisoner
fails to give security, he or she shall be
remanded to Jail; and in all cases where
the prisoner is remanded or held 10 bail,
the court shall recognize the witness or
witnesses on the part Of the State, 10 ap.
pear at the next court OF common pleas, to
be holden in and for the county where
such prisoner is to be tried, or in such
court as shall have jurisdiction in the trial
of such cause.
SEC. 8. The examining court. if the
prisoner fails 10 give security. shall order
the clerk to enter on the journal of the
court of common pleas, in what sum and
with what securities he or she may be re.
cognized; and at any time thereafter, upon
the prisoners giving such security as re-
quired by the examining court, any Judge
Of the supreme court. court OF common
pleas. or the probate Judge Of the proper
county. may discharge him or her.
Sec. 4. In all cases where single
Judge or examining cour: may recognize
a prisoner under the provisions OF this act,
he shall forthwith deposit with the clerk Of
the court of common pleas, in said county,
the recognizance so taken, also a warrant
directed to the jailor, requiring him to dis.
charge the prisoner.
SEC. s. When any person charged
with the commission of any balable of.
fence, shall be confined in Jail. whether
commit,ed by warrant under the hand and
seal Of any Judge or justice of the peace,
or by the sheriff or coroner. under any
capias, upon indictment found, it shall be
lawful for any judge of the supreme court,
Judge of the common pleas within his dis
trict, or probate Judge within his county.
to admit such person to bail, by recogniz-
ing such person in such sum. and with
such securities. as TO such Judge shall seem
proper, conditioned for his or her appear.
ance before the proper court, to answer the
offence wherewith he or she may be charg-
ed; and for taking such bail, the said Judge
may. by his special warrant, under his
hand and seal. require the sheriff or jailor,
to bring such accused before him at the
court house Of the proper county, at such
time as in such warrant the Judge may di.
rect; Provided, that in fixing the amount
Of bail, the judge admitting to the same,
shall be governed in the amount and quail
ity of bail required, by the directions of
the court of common pleas, in all cases
where said court Of common pleas shall
have made any order or direction in that
behalf.
SEC. 6. The Judge Of the court Of Grim.
inal jurisdiction in each county in this
State, where such court is now or may
hereafter be established. shall have con-
current Jurisdiction with III" probate Judge
Of such county, in all mallers wherein, by
this set, jurisdiction is conferred on such
probate judge.
SEC. Z. The first. second, third, fourth
and twentieth sections Of the act directing
the mode Of trial in certain cases. passed
March seventh. eighteen hundred and thir-
ty-one. be, and the same are hereby re-
peslsd.
JAMES C. JOHNSON,
Speaker Of The House Of Representatives..
WILLIAM MEDILL.
President Of The Senate.
March la, 1852.
mo. 32.1 AN ACT
To repeal the fffy-seventh section Of an
act directing the mode of proceeding in