Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-05

as the case may By of tho offence charg.
against him, by III judgment Of the court
oE--[nsming i,]-orderci at
-lnaming The place. on thc--
day of----."
See. 38 The cemtmay at any time b..
Tore julg nent, upon plea of guilty, per.
nit (ii] TO be Withdrawn, and plea ol
not guilty substituted.
Sec. 40 The plea Of not guilty shall
be deemed denial Of every material al
legation in the information, I'd all ma,.
tiers Of fact, tendipgao establish defence
may be given ia.c:idcnce under the ;ples
sI Wsa gOilty. -,.e
Sec. Al II the defendant refuse to an.
swcr the Information, a plea Of r,ot gull.
'iy shall be entered.
Sec. ~ Upon plea ether than plea
of guilty, il the defendant do no. demand
a trial by jury. the Probate Judge shall
proceed TO try the issue.
gl DEFENDANT mAy DEMAND JrRY.
See. 43 Before the court shall have
heard any testimony upon the trial, the
defcv,aana may demand trial by jury.
"a JUDGMENT ON PLEA or GUILTY.
Sec. A When the defendant pleads
guilty, oris convicted either by the Pro
bate Judge or by jury, the probate judge
shall render judgment thercouof fine OF
imprisonmentor both according to law
IF AcerITTsD DEFENDANT TO be DIS.
Scc.f45 When the defen liant is ac quit.
ted, either by the Probate Judge or by o
Jury,hc shall be Immediately dischargcd;
and If the Probate Judge certify in his
sn!nutes, that the prosecution was mali.
cious or without probable cause, he may
order the prosecutor 10 pay the costs ol
the proceedings, and enter up judgment
therefor, which may be enforced by exc.
cution.
WHEN PROSECUTING ATTORNEY MAY EN-
TER NoLLE PRosEqUI.
Sec: 46 The Prosecuting Attorney, II
he be satisfied that the State will fail in
the action, or If the prosecutor refuse to
endorse the information when required
so 10 do, may enter no!le prosequi up.
on the information. gp.
FEES OF JUDGES lX CRIMINAL CASES.
Sec. Al The Probate Judge shall be
paid for his services, ia criminal cases.
such sum as the commissioners Of the
county may allow,uot less than one hun.
dred dollars per annum in any county
containing less than fifty thousand in.
hnbitants, which sum shall be payable at
the county treasury and the Probate judge
shali not receive any compensation by
way Of fees, for services in criminal bus.
mess, in addition to the compensation
herein provided for: Provided, however,
the said Probate Judge shall tax in all
criminal cases, the fees to which he would
otherwise be entitled, and all other costs
Of the proceedings, which shall when col
lected, together with all fines, be paid in.
70 the county treasury.
TERMS OF COURT.
Sec. 4s In the exercise of its criminal
jurisdiction, the Probate Court shall be
considered as holding monthly terms,
each commencing on the first Monday Of
the month.
HOW JURORS SELECTED.
Sec; 10 One hundred and eight judi.
dious persons, having the qualifications
Of electors, shall be annually selected in
sdcl county to attend as jurors in the
probate court, in the manner prescribed
by law for the selection Of Jurors to at.
tend the court Of common pleas; and
such separate list shall be delivered to
the probate Judge by the trustees or Judge
of election at the same time the list for
the court Of common pleas is required to
bc delivered to the clerk Of that court;
and the persons named in the list dcliv.
cred to the Probate Judge shall serve as
Jurors ii the probate court under the pro.
visions Of this act:
Provided, that prot 10 the selection and
return ofsuch Jurors for the year 1853, as
provided by law, said probate court shall
cause to be summoned for each term the
proper number Of persons having the re-.
quifeJ qualifications, 10 serve as Jurors
for such term.
Soc. 81 The persons selected 10 serve
as Jurors in the probate court shall be
written on separate piece Of paper and
deposited in box TO be provided at the
expense Of the county; and at least ten
days btf,re atenm Of the probate court.
uaIcss by a wii,ten entry in his minutes
the Judge shall dispense with or postpone
tho atlea,lasss Of = Jury, he shall, IN the
presence Of the sheriff Of the county, pro.
ceed 10 thakeSthe box and draw there,
from six ha liots.s and ahnll farfh With de-