Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1859-05-26
AN ACT


1 No. ISL. AN ACT
Defining the jurisdiction of Probate Courts in Grim
inaI cases in the counties OF Pike, Portage
| Jackson, ,Clerrnont, Carroll. Galiia, Butter Lucas
Hooking, Defiance, Brown, Lorain, Coshocton
and Coumbiana
! Sec l. Be il enacted by the General Assembly
The State of Ohio. That i'll the counties ol
Pike, Portsge Jackson, Elermont, Carroll, GaIlia
! Butler Lucas, Hooking, Defance. Brown, Lnrein,
! Cashocron ami Columbian, the probate courts, in
addition to the jurijiscton now conferred by law.
shall have concurrent jurisdiction with Justices OF
the peace. in the punishment of all crimes and mis-
demeanors and such other and further jurisdci I'm
/ as is hereinafter provided.
| Sec. 2. When any person or persons charged
with the commission of any crime or misdcmeanor
before any probate Judge By the provisions OF this
act the punishment whereof is not capital sini-
prisonment in the penitntiary, shall file with said
court wriIen,wave OF tIial BY Jury & election
TO be tried by said court Said probate Judge shall
thereupon have original and conclusive Jurisdic-
lon therein and shall Try Ind determine the same
according tn law.
Sec. 8. When any person or persons In any of
the aforesaid counties shall be recognized TO sppear
be ic-e the court OF common pleas-t0 answer tor
the commission OF any crime or misd-neanor the
pun ishment whereof IL not capital or imprisonment
in the peniien;iary, when any person or persons
shall be committed 10 tie Jail OF the county for
van, o biii upon any such charge, shsit file
with the probate judge OF the county written
waiver of a trial by jury. and an election 10 be
tried BY said court said probate judge shall there
upon have original and conclusive jurisdiction
therein and shall forthwith notify the clerk o SAID
probate court and the prosecuting attorney Ci the
county thereof; and ihereupOn said Clerk shall
certify all papers and Transcripts pertaining 10 said
prosecution in his office or ;hs clerk the
of common pens, to said prohate court; provided,
if the transcript Shall rot have been received by
said clerk al the time OF being notified aiOTe-
said he shall GRITTY the same 50 soon as tho sam
shall be received and so soon as the papers and
transcript shall be certii ed aforesaid the prose-
cutting attorney of the county shall forthwith HE
in said court an Information setting 'orth briefly
but distinctly, in plain nd ordinary language, the
charge against the accused person or persons. on
which charge said person or persons shall be rled.
Sec. 4 That after the filing Of the information
aforesaid, the judge OF the probate court shall forth
with fix day at as early period as the nature of
the case viii admit of, for the trial OF such person
or persons.
Sec 5. When any person or persons. in any OF
the aforesaid counties, shall BE- charged with the
commission Of any crime or misemeanor, the
puni shment whereof is Imprisonment in the penI-
tertiary, and shall be committed TO the jail oi ihe
7 county tn want of ball. and snallbe examined by
any probate judge. as an examining court, as is
provided by law. and said court shall ind that
there are no good reasons WHY such person or per-
sons should be recognized or Immi;ied 10 answer
TO such charge. but that such person or persons
should be recognized or committed TO answer Tor
crime misdemeanor OF lower grade, the punish
ment whereof is not by imprisonment IN the penl-
tenIiary, and such person persons shall HE with
such probate Judge written waiver OF trlat by
jury and an election 10 be tiled by said probate
court said court STA Il tnereupon have conclusive
anG original jurisdiction thereof and shall proceed
in the therein as is provided IN SECTION
three OF this act.
Sec G. When two or more persons shall be
jointly charged and held for trial, for the commits
sion oi any crime mis1emeanOr, the jurisdiction
whereof is conferred upon probate courts by the
provisions oi III is act it shall be necessary tor all
such persons charged and held, 10 file the written
waiver and election herein provided Tor before the
probate cour, sha have jurisdiction therein.
Sec Z All prosecutions under the p'ov isions
of section of this act, sha be instituted in the
same manner as the aame are now instituted be-
fore justice OF the peace.
S,c.S. All fires iuI osed BY probate Jstges ior
c.,.ias or n.isde inesnors shall be fEid into the
county treasury soon as the same shall be re-
ceived.
Sec 9. In the exercise of it's c. Ahnal Jurisdic-
;on the probate court shall be open for business at
all reasonable hours when Othe- official business oi
said court will admit OF the same.
Sec. 10 If the del. ndant deendents tail or
refuse 10 answ er the information or other charge
preferred in any probate cIurt, Dca ot:not guilty
shall be entered.
Sec l.. Coniin uances shall be granted in SAID
courts npon gocd ca shown Tor such reasonable
periods as the na ure OF the case may reqbire.
Sec. u ANY information 6ed in sny probate
court nlay Ne amended al any ti;ie before or dur
ing tn. trial. upon such terms as the court may
direct I'D the rosecuiing attorney il he shall be
tStird thai the state viii fail in the prosecution
or ii the prosecution shall fail TO endorse the in
formation when required to do SO, may enter
nolle proscqui on the information.
See. ,. \ Il papers and Transcripts required in
the court having uiisdiction Of any crime or mis-
demeanor, into which any probate court may in
cui.e Us examining court, shall De certified and
drpns'cd with the court having such Jurisdiction.
by the clerk of said probate court .
See Il. IN ailproceedings under this act had
in The probate courts, the clerk OF the court OF COM
mon plees of tie county shall perform ttae duties
OF clerk Uf the probate court, aht receive the same
compensaiion tncrrfnr for Ike services in treI
court of common pleas, and To BE- paid IL the same
manner.
Sec. Is. The fees of ministerial officers and
witnesses for all services rendered the probate
coGrrs. or by order OF any probate judge, bT the
provisions OF this act,.sholi be the same rs is pro
vidtd by law Tor Ike services IN the court OF COM
mon plea, and shall be paid III like manner.
Sec. l6 All Judgments OF Probate courts wheth-
er of fine or fine and Imprisonment, or ImpTisun-
mept only shal. b. enforced IN the same manner
Us Judgments Of the courts of connnn pleas.
See. II. The probate Judge shall make the
prosecuting attorney OF the county eIsonlb.a al
iowaare as compensation TOR all services rendered
in SAID probate court by the ploysinns OF his act;
provided no such allowance shall be made un III
the expiration of the time tor which the cOmDeDsa
tinn OF such prosecuting attorney Is now hxed by
the cnur ot common pleas, provided, before the eX-
piration OF said time, the county commissioners
nav ii in their opiui H. such prosecuting attorney
j. entii led to additional compensation. make such
allowance is thsy may deem reasonable ana JIs'
Sec IS. The probate Judge shall be paid Tor bis
services in criminal cnsrs such sum as the COM
missionrrs OF the county may allow, no, less !han
one hundred dollars per annum in any county, nor
more than two hundred dollars. whIcl shSll be
pa yabIe out OF the county treasury. ptubatc Judges
shall receive no iurti'uT compensation whatever oI
ser vices rendered by tho provisions OF this act.
sec 10. This act shall be in force iiou End
after its passage.
WILLIAM B. WOODS.
Speaker OF the House of Representatives.
MARTIN WELKER.
President oi the Senate
April ?, 1859.
tNo. Is3.l ANACT
To .meud an act entitled an act provide for the
partition of real estate.
s.et.nn I. Pc il enacted by the General Assc-u hiy