True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-05-05

passage. a
WILLIAM B. WOODS,
Speaker of the House of Representatives.
MARTIN WELKER.
President of the Senate.
April 70, 1858. nt.s
No. 81. AN ACT .,
Defining the Jurisdiction and regulating
the Practice of Probate Courts in the
counties of Erie, Lucas, RiChland
Holmes, Montgomery, Delaware, Frank
lin, ScioIo and Jefferson.
SECTION |. Be 1t enacted by the Gen
eraI assembly ofthe State Of Ohio, That
in the counties OF Erie, Lucas, RlchIand,
Holmes, Montgomery, Delaware, Franklin,
Scioto and Jefferson, 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 penitenliary, or those
crimes offences, or misdemeanors, the
original or exclusive jurisdiction Of which
is invested in justices Of the peace, or in
the mayor or magistrate of town or city
Sec. Q. All recognizances which shal
hereafter be taken by justices of the peact
and other officers authorized to lake the
same, and all transcripts in criminal cases
within the jurisdiction of the said probate
court, shall be returned to the judge Of
said court forthwith after the commtmen
Of a person charged with an offence, Oh
the taking Of recognizance for his ap
pearance before said probate court, unless
the person or persons accused shall cleo
to be tried in the court Of common pie al
of said county, in which case the justice
of the peace or other officer before whom
said proceedings may have been had
shall make a minute upon his docket o
said election made by such accused per-
son or persons, and thereupon said justic'
or other officer shall return said transcript
and recognizance 10 the clerk of the cour
of common pleas in such time and manne
as is provided by law in other cases.
SEC. 8. When two or more persons
shall be jointly accused and held for trial
and one of them shall elect 10 be tried il
the court of common pleas, the justice o
other officer shall require all the defend
ants to appear before that court, ALI
shall return the transcript and recogni
zance to the clerks thereof.
SEC. 4. In no prosecutions for crimes
or offences, or misdemeanors of which
said probate court shall have cognizance
shall an indictment by grand jury be re
quired, butin all criminal cases original!
brought before said probate ourl,by filing
transcript and recognizance, th'
probate judge shall forthwith notify .h'
prosecuting attorney of said county o
the tendency Of such cause and thereup
on saG prosecuting attorney shall file al
information in said court setting forth tn
charge against the accused person o.
persons, on which information such per
son or persons shall be tried, and sucl
information may be amended at any tim
before or during tie trial upon such term
as the court may direct.
SEC. S. All fines imposed by probat
Judges for crimes shall be paid into tn
county treasury as soon as the same shal
be collected.
SEC. g.. In the exercise of its crimins
Jurisdiction, the probate court shall b
considered as holding terms in said count
commencing on the first Tuesday of ever
alternate month.
Sec. 7. The prosecuting attorney,
he shall be satisfied that the State vii
fail in the action, or il the prosecutor sha
fail to endorse the information when re
, quired so to do, may enter nolle prose
qui on the information.
. SEC. 8. If the defendant refuse
answer the information, plea of nc
, guilty shall DO entered.
SEC. 9. Upon plea other than
plea of guilty, if the defendant do nc
demand a trial by jury, before the coul
, shall have heard any testimony upon th
5 trial, the probate judge shall proceed
a try the issue.
( Sec. 10. When the defendant plead
y guilty, or is convicted either by the pre-
5 bate Judge or by the jury, the probat
judge shall render judgment thereon, b
g fine and Imprisonment, or both, accordin
r to law.
SEC. IL. When the defendant is Al
] quilted, either by the probate Judge {
by the jury, he shall Immediately |
discharged and il the probate judl
:, certify in his minutes tina. the prosecute
It was malicious or without probable caus
n he may order the prosecutor to pay Il
. cost of the proceedings and enter iud
b ment therefor, which may be enforced
II execution. soa 4
$, SEC. IL. The fees Of the sheri
d witnesses and Jurors. shall be certified
ID by the probate judge or his clerk and pa
b out OF the county treasury, in the san
manner as such fees are now paid for Ill
n. services in the court of common pleas.
le SEC, 10. The probate Judge shall