The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-04-13
3ahs of Obiu.
PUNISHED BY AUTHORITY /.
mo. 1887 AN ACT.

Section /. Be It enacted by the General As
sembly of the State of Ohio, That the proyiS-
ions Of an act entitled IAN act defining the iu-
risdiction and regulating the practice of probate
courts in the counties ofErie, Lucas, Richiand,
Holmes, Montgomery, Delaware. franklin, Sci
ota and Jefferson passed April 18th, 1853, be
and the same are hereby extended to the coun-
ties of Meigs, Mercer, Auglaize, Lawrence, Har-
risou, Henry, Licking, Belmont, Stark, Ottawa,
and Williams
Sec. 2. That this act shall take effect and be
in force from and after its passage.
WILLIAM b. WOODS, |
Speaker Of the House Of Representatives.
MARTIN WELKER,
President of the Senate.
March 81, 1859.
Defining the Jurisdiction and regulating the
practice of Probate Courts in the counties of
Erie, Lucas, Richmond, Holmes, Montgome.
ry, Delaware, Franklin, Scioto and Jefferson.
Section l. Be it enacted by the General As,
sembly OF the State Of Ohio, That in the coun.
ties Of Erie, Lucas, Richland, Holmes, Mont
gomery, Delaware, Franklin, Scioto and JEFF
ferson, the probate court shall have, in addition
to the jul isdiction now conferd upon it by law
concurrent jurisdiction with Il. court Of COM
mon pleas in the punishment Of all crimes, OF.
fences or n~lisdemeanor except those the pun
ishment whereof is ca pital or by imprisonment
in the penitentiary, or those crimes, offences or
misdemeanors, the original or exclusive juris-
diction Of which is vested in justice of the peace
or in the mayor or magistrate OF town or
city.
Sec. 9. All recognizqnces which shall here
after be taken by justices of the peace and 9TH
er officers authorized to take the same, and all
transcript in criminal cases within the juris.
diction Of the said probate court, Shall be retur.
ned to the judge ofsaid court forthwith after
the commitment off person charged with an
offence, or the taking of recognizaDce for his
for his appearance for his appearance before the
said probate court, unless the person or persons
accused shall elect to be tried in the court of
common pleas ofsaid 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 Of said election made
by said accused person or persons, and THEREOF.
on said justice or other officer shall return said
transcript and recognizance 10 the clerk Of the
court ofcommon pleas in such time and man
ner 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 to be tried in the court ofcon
mon pleas, the justice or other officers shall re.
quire all the defendants to appear before that
court, and shall return the transcript and re
cognizance to the clerk thereof
Sec. 4. In no prosecutions fer crimes, or
offences or misdemeanors Of which said probate
court Shall have cognizance, shall an indictment
by grand Jury be required, but in all criminal
cases 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 insaid
court setting forth the charge against the accu
sed person or persons, on which Information
UGH person or persons shall be tried, and such
information may be amended at any time be-
fore or during the trial upon such terms as the
court may direct.
Sec s All fines imposed by probate judges
for crimes, shall be paid into the county treasu,
~ as soon as the same shall be collected.
Sec. 6. In the exercise of its criminal ju-
risdiction, the probate court shall be consider
ed as holding terms in said county, CONNER
cling on the first Tuesday ofcvery alternative
month.
SEES. 7. The prosecuting attorney, if he shall
be satisfied that the state will fail in the action
or if the prosecutor shall fail to indorse the in
formation when required SO to do, may enter a
nolle prosedui on the Information.
Sec. 8 If the defendant refuse to answer the
information, a plea of not guilty shall be en-
tered.
Sec. 8. Upon a plea other than a plea OF
guilty, if the defendant do not demand a trial
by jury, before the court shall have heard any
testimony 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
judgement thereon, by fine or Imprisonment,
or both, according to law.
Sec. II. When the defendant is acquitted,
either by the probate judge or by the jury shall
Immediately be discharged; and if the probate
Judge certify in his minutes that the prosecu-
ton was malicious or without probable cause
he may order the prosecutor to pay the costs OF
the proceedings and enter judgment therefor,
which may be enforced by execution
Sec. IL. Tn fees of the sheriff, witnesses
and jurors, shall be certified to by the probate
judge or his clerk, and paid out of the county
treasury, in the same manner as such fees are
now paid Tor like services in the court Of com
mon pleas.
Sec. 10. The probate judge shall be paid for
his services in criminal cases, not less than two
uuIuiGu uOlldTS, U0T U1OlO lllNU tOuT nutluIGu
dollars per annum, out of tlie county treasury;
the amount to be determined by the county com
missioners, and paid quarterly; and the pro-
bate Judge shall tax the fees to which he would
be otherwise entitled, and when the same are
collected pay them into the county treasury.
Sec. IA. One hundred and ninety jud cious
persons, having the qualifications Of electors,
shall be annually selected in each of the coun-
ties to which this act is applicable, to attend as
jurors in the probate court, in the manner pre-
scribed by law for the selection o~fjurors to at
tend the court Of common pleas; provided that
until the jurors are selected and returned in &C.
cordance with the law now in force the probate
judge shall cause to be summoned, for each
term, the proper number ofqualifed persons to
serve as jurors for such term; and, provide a fur
Their, that the list ~ofjurors for the probate court
shall be delivered to the probate judge by the
trustees returning tie poll book.
Sec. Is. The names of the persons selected ]
to serve jurors in the probate court, shall be
written on separate pieces Of paper, and depos
tied in a box TO be provided at the expense of
the county; and at least ten days before a term
of probate court unless by a written entry in
his minutes, the judge shall dispense with or
postpone the attendance ola jury, he shall, in
the presence Of the sheriff OF the county, pro-
coed to shake the box and draw there from
twelve ballots, and shall forthwith deliver a list
ofthe jurors drawn, to the sheriff, or a constable
OF the county, with an endorsement thereon,
signed by him with name and seal of Office, to
the following effect: A. B., sheriff (or deputy
sheriff or constable OF the county Of 60 to
which this is delivered, is required to summon
the persons named in the within list to appear
before me at (naming place,) on (naming day
and hour to serve as jurors at a probate court