The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-06-10
AN ACT.
To restore to the Court of Common Pleas the
Jurisdiction of minor offences.

JURISDICTION OF minor 0fenceS.
SECTION 1. Be IL enacted by the General rs
sembly Of the Stale Of Ohio, That the Court of
Common Pleas in addition to the jurisdiction
it now has, shall have original Jurisdiction of
all crimes, offences, and misdemeanors, the
cognizanee Of which is now, or heretofore has
been, vested in the Probate Court.
SEC. 3. All prosecutions for said crimes,
offences, and misdemeanors, shall be by indict-
ment in the Court of Common Pleas in the
county in which the crime, offence, or misde-
meanor shall have been committed, except
where it is otherwise provided in the several
acts for the punishment of crimes.
SEC. 3. All fines collected under said prose-
cutions shall be paid into the treasury of the
county where the prosecution is held; and all
persons imprisoned under said several prose-
cutions shall be imprisoned in the Jail of the
proper county.
SIC. 4. All recognizances which shall here
after 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 returned to said court forthwith after the
commitment of a person charged with an Of
fence, or the taking of q recognizance for his
appearance before said court.
SEC. B.. That all prosecutions pending in
the Court of Probate of any comfy at the time
of the taking effect of this act shall be coutin-
ued, upon the informations nov filed in the
Court of Common Pleas of the proper county;
and the Probate Judge of each county is hero
by directed to transmit to said Common Pleas
Cour. all inform tions aai REQ )gnizances now
on file in his Office, and not disposed Of.
SEC. 6. That no bill of indictment for any
offence specified i'll the act entitled An Act for
the punishment of Crimes,'' passed March 8,
| 1921 shall ba fo1,pd q fr11a hill hu arv craDd
jury, unless the name of the prosecutor be
endorsed thereon, except such bill be found
upon testimony sworn and sent to the grand
jury by order of the Court, at the request OF
the Prosecuting Attorney, or the foreman of
the grand jury, in which cases the fact that
the bill was found upon testimony sworn AMI
sent to the grand jury by order of the court
shall be Endorsed on the bill instead OF thu
name of the prosecutor.
SEC. Z. That in all cases where the prose.
cu,or's name is iniorsed on the bill, ami the
same is found a true bill by the grand jury,
and upon trial the defendant 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 against such prosecutor foi
such costs, unless the court shall be Of opin-
ion that there were reasonable grounds for
instituting the prosecution.
SEC. s. That chapter four, containing from
section twenty-nine to, and including, section
fifty of an act defining the jurisdiction and reg
ulating the practice of the Probate Court, pas.
sed March IA, 1853; also, an act alnendatory o.
the same, passed April 20, 1854; also. the &C,
entitled San act to restore to the Court of Com,
mon Pleas the Jurisdiction of minor offences
IN certain counties in this State,'' passed April
8, 1856; and also, an act to amend the las,
1 $1,000 l.Z-l l.
repealed.
Sec. 9. Nothing In this act shall be con
strued to effect or take away the jurisdiction
of Police judges or Police courts, of petty lar
ceny- and other minor offences under the pro
visions of the act to provide for the organiza
ton of cities INT Incorporated villages, passed
May 3, 1882, and the acts a~mendatory and sup
Elementary thereto: and said Police judges AND
Police courts shall have full power concurrent
ly with the courts OF common pleas to hear
try and deteymine all such cases, andthe same
may be prosecuted upon the information Of
the Prosecuting Attorney of the Police court,
SEC. 10. This act shall take effect on Its
passage.
N. Il. VAN WORRIES,
Speaker Of the House Of Representatives..
SIS et THOMAS II. FORD,
as President Of the Senate.
Dated April II, 1857.
AUDITORS OrrIeE, WoopsrrELp,
Monroe Co., o., June s, 1857.
/ certify that the foregoing laws have been
it in the Ohio Statesman, AMI foun to be COR
rect. JOHN s.. HOLIDAY,
Aud. NJ. C. O..
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