The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01
Gil tPTER ".
Ills Powers and duties in Criminal Actions


Ills Powers and duties in Criminal Actions.
Sec. 90. Thescvcra probate in this state shall
not have jurisdiction OF crime, offence or nlscmcan
the punishment whereof ~ Camid, or Iy mprIsuh
mrnt in the penueniisry nor 10 ANY offence or msdc
amor the gna aud exclusive jurisdiction "i WINCH
il vested in justices of the peace or III any mayor on
magistrate OF any town cy nor OF the crimes or Of
fences mcnIonrd IN an act entitled IAN act 10 punish
certain rrm"~ therein naned," passed Maroh ~ lodo,
the offences enumerated in the act enti
tied IAN act TO prrrdc Tor the punishment of certain
crimes therein usrucd, passed FrhngrY - IS3i, nor
for violations vi tnc ac 10 prevent olstrncnp navila
bic streams therein named passed. March }, ie3l hnt
they shall have cNcInsivr cognzaucc Of al other crimes
offences nsdcn, anors unless othcrwIse provided BY
law.
Sec. 30. All recornizances which shall hereafter he
taken by justices o the peace aud other officers nulho
zcd to tat" th"sH" and transcripts III criminal aSeS
within the jurisdiction ol the proha' court shall be re-
turned to the probate judi" forthwith alter the commit
ment of person charged with offence, nT the inking
Ola teeognizancc tor ms appearance before the probate
court.
Sec. ~. The second section of the entitled ian
act to punish letting elections aud Tor other purpo
ses, passed March r., l"p aud tie hy second "i Ian
act for the punishment of certain offences therein
ned" passed March l., ls3l, ave repealed.
sec -. Al fines Imposed by the probate judge for
crimes. offences nsicucauOrs shall he paid into the
county treasury as the sGuc shalt he collected
Sec 80 The provisions of tnS act which relate to
courts .ha not cN"ud To any county IN aud for which
specia criminal court Is nov, or may hereafter lie es.
taiislled by law.
Sec. n. In no prosecution for crimes, offences and
mscm' anurs, 'Otnlzante ol which iS Ivy this act con.
fc"d upon rnar co"rl., 'ha'' an ndctmcni ny a.rand
jury he required but III all criminal eases hronght before
the probate by lng aud transcript
her, nhrOrc provided, the probate judge sal mlc
diatcy the prosecuting attorney OF his roun
~ OF The tendency of su, cause aud such prosecuting
an "" s & % .T"y W' SS," T", %a,"sy s' ~
plain aud lnary langnalc the cha against the accu
sch person, which Char n person shalt be tried
Sec. 81. lnlormations may he amended at any time
bcOe or dirng the tria upon such terms ihe court
direct and in all where such amendment
material, the defendant may eicCtto continue the case.
Sec. SO. In the cases nwhtch the probate court shalt
have criminal jursi ction when thcdccndant brought
before the probate judge the charge against him shall ho
distinctly read 10 hi aud he shall be required 10 plead
Sec 81 The iercndam, may Plead
l. Guilty:
.. MOI guilty:
=. A former iniamcn; Of conviction ccquiual Of
tie offence charged which may 10 pleaded either with
without the plea of not pu,lty.
see ~ Every plea shall oral and shall lie entered
the minutes u the court IN substantially the following
!. Iflhc defendant plead ruity'thc defendant pleads
that hr is guilty ut the uiencr charged AGAINST hm:
.. II he plead rut gulty-"the defendant pleads that
he II not guilty oi the offence charged against HIM"
defendant pleads that hc has already been convicted Tor
acquitted, as the case may bel o The offence charged
gainst him, hy the Judgment OF III" court Of - ina
mins II - ordor,d at --- lnamns the pacrl on
Sec ~. Tho court may any time hcfor re julrm
upon plea of guilty permit IN Ia be Withdrawn and
plea OF not guilty substituted.
Sec 40 the plcaot not guilty shall I've deemed n de
nal :" every material allegation IN ihc innrnaton, aud
all matters ni tending 10 cstahlSha defence, may be
gwen IN evldruc" under The plea Oi not guilty,
Sec. A. II the defendant refuse To the infor
nation, plcant not guilty shall lr entered
ty,ll
defendant do not demsnd trial by jury the pobalo Judge
shall proceed toiry the issue.
Sec. a. Before the court shall have heard any ics,i
mony upon the trial. the defendant may demand trial
by Jury. &C..
vu,cd c,Ih" by the probate ndrr or hy Jury, the pro
hate judge shaA render Judgment thereon, o IN.
uIisnumcLt, ar both, according tu law.
sec. Is When the dclndNnt Is acquitted, either by
the probate judy" "r by jury he shall h. immediately
uel that thr prosecution was malicious ~ without pro
battle he may order the poscCulurIo pay
al Ihe proceedings "w enter up Judgment therefor, which
may he enforced by execution.
Sec. Tie prosecuting a,ioncy, ii he he satisfied
that the state w,i ia IN tue ao,un the prosecutor
refuse 10 "nior-c Ir Information when required
may enter a HoHs PrOsiqai Hp"n the information.
Sec. a.. The probate judge shall he PAID Tor his ser.
vicea in criminal eases sn'l sum as the commissioner
ol couUty may anw moi less than hundred dol.
ais per Rmum any county, than three hun.
dted doars any county containing cssthOn Gy tous
aud mhalButH, which sum shall he alc county
treasury; aut the probate Judge shah receive any
compensation nt way "l Ices, Tor services IN criminal
business, IN addition To the compensation herein provi
dei for; FrOudsd, hOrersr, the sSd probate Judge shall
tax criminal ohSes the irslo which he would other
wirehe 'mnled ana a' nll'i costs at the proeecdmgs
which shall, when collected, together with all fines be
paid into the county treasury.
sec. A.. In the exercise OF Us criminal jurisdiction
the PROBATE court shall he considered holding monthly
terms, each commencing on the hIst MOAday OF the
month
havin9 ol e'eCloTr, stall he annually
icct'd IN each county 10 attend jurors IN the probate
Cnut ~ the manner prescribed by law Tor the selection
OF 10 attend the court O common pleas and sue,
separate he delivered IN the probate judge by The
list tDF
court Of common pleas Is required to he delivered TO
the clerk "i that COURT aud te persons named the list
delivered 10 the probate Judg, shall Jurors IN r
probate court under the provisions of this act propdY
that prior the SELECTION aud such Jurors f
Ie year lS3 by law, said probate cuuTl
ca Use be summoned for each term the ptuper nn,t
persons having the required qualification 10 serve A.
Jurors toT suchtcfm.
rec So The names the persons selected to scrvc n
jurors ia the probate court shall he written separate
pieces OF naper aud deposited a hox he provided =,
the of the county and al least DAYS heT.
term Of the probate court unless by written entry
in his the Judge shalt dispense with
tho AIteudanceO of jury, he shall the presence of s
sheriff of the county, proceed to slASe the hUN and ra,
therefom six ballots aud shall forthwith de liver a oT
the Jurors drawn To the sheriff deputy sheriff or cnn
stable Of The county, with an thereon syn
ed by hni. with his name aud seal of Office to the snw
ing effect -. B, sheriff Tor deputy shcr or cons,,h,c
ofthe county OF - TO which this II delivered N ~
aued summon the persons named thn .t In
sppear hrfo'e me al - naming the pIaceI on H. ,
ming day nnd hour 10 jaTors at nroks,
couri 10 he then and there held. Dated at - thc
day OF ----, le---,
J. w. [.r,l
Probate Judge
shall forthwith zach Of the Jurors named te,e
in personally or by leaving w,it,eu notice at mis- nIns.
Of reaience, with snme peTuOn OF suitable age aud Ii
Cfetou lie shs also, before the time ma upl th,
in return list to the probate Judge. specifying the
persnns sumnoned and HE manner of service in Tesnect
10 sacs of them
sec 5s Each psuY shall he emit led to two nerem, |
tory challenges aud such other cha enges for cause
hn rros Judge allow; aud fsi nrors .n moi AZ
tend he not ohsued, the Judge may dreu .horil