Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-06-03
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
No. S4.1 AN ACT.

TNo. s41 AN ACT.
Defining the Jurisdiction and Regulating the
Practice of Probate Courts in the counties of
Erie, Lucas, RicEland, Holmes, Montgomery,
Delaware, Franklin, Scioto, and jefferson.
Section l. Ee it enacted By the General As-
scmJly of The State of Ohio, That in the coun-
ties Of Erie. Lucas, Richland, Holmes, Mont
gomery, Delaware, Franklin, Seioto, and Jefer-
son, the probate court shall have, in addition
TO the jurisdiction now conferred upon it by law
concurrent jurisdiction with the court OF common
pleas in the punishment of all crimes, offences
or misdemeanors, except those the punishment
whereof is capital or by imprisonment in the
penitentiary, or those crimes, offences or misde-
mcanors, the original or exclusive jurisdiction
of which is vested in justices of the peace, or in
the mayor or magistrate ola town or city.
Sec. 2. All recognizaRces 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 juris-
diction of the aid of probate court, shall be re-
turned to the Judge OF said court forthwith after
the commitment of a person charged with an Of
fence, or The taking of recognizance for his ap-
pearanee before the the said probate court, un-
less the person or persons accused shall elect to
be tried in the court of common pleas of said
county, in which case the the Justice of the
peace or other officer before whom said proceed
ings may have been had, shall make minute
upon his docket of said election made by said
accused person or persons, and thercupon said
Justice or other officer shall return said trans
cript and recognizanee TO the clerk of the court
of common pleas in such time and manner as is
provided by law in other eases.
See. 8. When two or more persons shall be
icintly accused and held for trial, and one of
them shall elect to be tried in the court of COM
mon pleas, the justice or other officer shall re-
quire all the defendants to appear before that
court, and shall return the transcript and recog-
nizance TO the clerks thereof
Sec. 4. In no prosecution for crimes, or Of
fences or misdemeanors of which said probate
court shall have cognizance, sha Ian indictment
by grand jury be required, but i'll all criminal
easrs originally brought before said probate
court, by filing a transcript and recognizance,
the probate Judge shall forthwith notify the
prosecuting attorney of said county of the pen
dency of such cause; and thereupon said prose-
cutting attorney shall file an information in said
court setting forth the charge against the accused
person or persons, on which information such
person or persons shall be tried, and such ia
formation NAV be amended at any time before
or during the trial upon such terms as the court
may direct. ~
Sec. 5. All fines imposed by probate judges
for crimes shall be paid into the county treas
ury rs soon as the same shall be collected.
Sec. 6. In the exercise of its criminal juris-
diction, the probate court shall be considered
as holding terms in said county. commencing
on the first Tuesday of every alternative month.
Sec. I. The prosecuting attorney. if he shall
be satisfied that the state will fall in the action,
or il the prosecutor shall fail TO indorse the in
formation when required so to do, may enter
nolle prosecution on the information.
See. 3. If the defendant refuse TO answer
the information, a plea of not guilty shall be
entered.
Sec. 9. Upon a plea other than plea OF gull
ty if the defendant do not demand a trial by
jury. before the court shall have heard any tes-
timony upon the trial. the probate judge shall
proceed TO try the issue.
Sec 10. When the defendant pleads guilty
or is convicted either by the probate judge or
by the jury, the probate judge shall render
Judgment thereon, by fine or Imprisonment, or
both. according to law
Sec. H.. When the defendant is acqitted,
either by che probate Judge or by the Jury. he
shall Immediately be discharged; and If the
probate judge certify in his minutes that the
prosecution was malicious or without probable
cause. he may order the prosecutor to pay the
cost of the proceedings and enter Judgment