Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
NUMBER XVIII.
its passage.
N. H. VAN WORRIES,
Speaker of the House of Representatives.
THOMAS FL. FORD.
President of the Senate.
Dated April 9th, 1857.

mo. 90 AN ACT,
To restore to the Court of Common
Pleas the Jurisdiction of minor often
ccs.
SECTION 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
the Court of Common Pleas in addition
to the jurisdiction it now has, shall have
original jurisdiction of all crimes, often
ces, and misdemeanors, the cognizance
of which is now, or heretofore has been,
vested in the Probate Court.
SEC. 2. All prosecutions for said
crimes, offences, and misdemeanors shall
by indictment in the Court of Common
Pleas in the county in which the crime,
offence, or misdemeanor shall have been
committed, except where it is otherwise
provided in the several acts for the pun
ishmcnt of crimes.
SEC. 3. All fines collected under
said prosecutions shall be paid into the
treasury Of the county where the prose-
cution is held, and all persons shall
be imprisoned in the Jail of the proper
county.
Sec. 4. Allrecognizance which shall
hereafter be taken by Justices of the
Peace and other officers authorized to
take the same: and all transcripts in
criminal cases within the Jurisdiction Of
the Common Pleas Court, shall be re-
turned to said court forthwith after the
commitment of person charged with an
offence, or the taking of a recognizance
for his appearance before said court.
SEC. 5. That all prosecutions pen
ding in the Court of Probate of any
county at the time of the taking effect
of this act shall be continued, upon the
informations now filed in the Court of
Common Pleas of the proper county;
and the Probate Judge of each county
is hereby directed to transmit to said
Common Pleas Court all informations
and recognizance now on file in his office
and not disposed of.
Sec. 6. That no bill of Indictment
for any offence specified in the act en-.
fitIcd An act for the punishment of
Crimes" passed March s, 1881, shall be
found true bill by any grand jury, un-
less the name of the prosecutor be en-
dorsed thereon, except such bill be found
testimony sworn and sent to the grand
jury by order of the Court, at the re-
quest of the Prosecuting Attorney, or
the foreman of the grand jury, ia which
cases the fact that the bill was found
upon testimony sworn and sent to the
grand jury, by order of the court, shall
be indorsed on the bill instead of the
name Of the prosecutor.
SEC T. That in all cases where the
prosecutor name is Endorsed on the bill
and the same is found true bill by the
grand jury, and upon trial the defend
ant is acquitted, the prosecutor shall be-
liable for costs; and the court at the
term at which such acquittal shall take
place or at any subsequent term, shall
render judgment againts such prosecu-
tor for such costs, unless the court shall
be of opinion that there were reason
able grounds for instituting the prose-
cution.
SEC. s. That chapter four, contain
ing from section twenty nine to, and
including, section fifty of an act defn-
ing the Jurisdiction and regulating the
practice of the Probate Court, passed
March IA, 1858 also, an act amendatory
of the same, passed April 26, 1854: also
the act entitled san act to restore to the
Court of Common Pleas the jurisdiction
of minor offences, in certain counties in
this State, passed April 9, 1856: and
also, an act to amend the last named act
passed, be and the same are hereby re-
pealed.
Sec. 9. Nothing in shis act shall be-
construed to effect or take away the ju-
risdiction of Police judges or Police
courts, of petty larceny and other min
or offences under the provisions of the
act to provide for the organization of
cities and incorporated villages, pass
ed May 3, 1852 and the acts amendatory
and supplementary thereto; and said
Police judges and Police courts shall
have full power concurrcntly with the
courts Of common pleas to hear, try and
determine all such cases, and the same
be prosecuted upon the information of
the prosecuting Attorney of the Police
court.
SEC. 10. This act shall take effect
on its passage.
n. II. VAN Worries,
Speaker of the House of Representatives
THOMAS H. FORD,
President of the Senate.
April 11th, 1857.