The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-05-14
April 8th, 1857.
AN ACT

No. SO. AN ACT
To restore to the Court of Common Pleas the
Jurisdiction of minor offences.
SECTION l. BE it enacted By the General
Assemb,g Of the State Of Ohio, That the Court
of Common Pleas in addition to the juris-
diction it now has, shall rave original iuris-
diction of all crimes offences, and misdemean-
ors, the cognizance of which is now, or here
tofore has been, vested in the Probate Court.
Sec. 2. All prosecutions for said crimes,
Offences and misdemeanors shall be by in
dictment in the Court of Common Pleas in
the county in which the crime, offence or
misdemeanor shall have been committed, ex-
cept where it is otherwise provided in the
several acts for the punishment of crimes.
SEC. g. All fines collected under said
prosecutions shall be paid into The treasury of
the county where the prosecution is held;
and all persons imprisoned under said several
prosecutions shall be imprisoned in the Jail
of the proper county.
Sec. 4. All recognizances 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 returned to said court forthwith al
ter the commitment of person charged with
an offence, or the taking of recognizance
for his appearance before said court.
Sec. 5. That all prosecutions pending in
the Court of Probate of any county at the
time of the taking effect of this act shall be
continued, upon the nformations now fled
in the Court of Common Pleas of the roper
county; and the Probate Judge of each coun-
ty is hereby directed to transmit to said Com
mon Pleas Court all information and recogni-
zance now on file in his office, and not dispo-
SID Of
| SEC. 6. That no bill of Indictment for any
offence specified in the act entitled "An
act for the punishment of Crimes" passed
March 8, 1851, shall be found true bill by
any grand jury, unless the name of the pros
ecutor 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 testi-
mony 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. Z. That in all cases where the pros
ccutor's name is indorsed on the bill, and the
same is found 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 prosecu-
tor for such costs, unless the court shall be of
opinion that there were reasonable grounds
for instituting the prosecution.
SEC. s. That chapter four containing from
-
fifty of an act defining the jurisdiction and
regulating the practice of the Probate Court,
passed March IA, 1853: also an act amenda-
tory of the same, passed April, rs, 1854 also
the act entitled "an act to restore to the
Court of Common Pleas the jurisdiction of
minor offences, il certain counties in this
State, passed April 9, 1855; and also, an act
to amend the last named act passed, be and
the same are hereby repealed. e
SEC. 8. Nothing in this act shall be con-
strued to effect or take away the jurisdiction
of Police judges or Police courts, of petty
larceny and other minor offences under the
provisions of the act to provide for the Or
ganization of cities and incorporated villages,
passed May 3, 1852, and the acts amendato-
ry and supplementary thereto; and said Po-
Ice judges and Police courts 81 all have full
power concurrently with the courts of COM
mon pleas to hear, try and determine all such
cases, and the 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. II. VAN VOHRES
Speaker of the House of Representatives.
THOMAS Ii. FORD