The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1865-05-17
REGUbATINc THE PRACTICE or

OF pr0bato courts ~ The cOuntiea OF Efie, |
Lucas, Richland. IT,lmes, Montgonsry !
Ddawarc. Franklin. scioto AID JciTersot,,f
and passed. by the Ohio Legislature, April
~, 1888. AZ the last seseion Of tho fegia.
latute, the provisions o. this act were ex.
tended 10 the counties of Allen anil Wood |
50 that Il is now IN force in this county II
'is important that all shdW'd be n,ade aware
Of these provisions, as all recognizances III |
minor offences must 10 sent 30 the Judge
Of our probate court Hence our publica.
tion Of the act 10 question, so that it's pro-
Visions may be properly complied with;
AN ACT j6riug the jurisdiction aud regulating
the practice uf probate courts IN the counties ~
Erie, Lucas. Ricbani. HOLMES. Montgomery,
Delaware, franklin, Sciqto aud Jefferson.
Sec. I Be IL enaoied by The Geasi dl AssI
Sembiy ofHc State Of Ohio, That in the
counties Of Erie, Lucas. RichlInd Holmes.
Montgomery, Delaware, Franklin, Suioto
aud Jefferson, the probate court shall have.
in addition TO the jurisdiction now conferred
upon IL bylaw, concurrent jurisdiction with
the court of common pleas in tho punish.
mont oi all crimes aud RiisdcmeanorH, ex.
Gcl,t those the punis peit whereof iH capi |
tai or by mprisonmem ~ tho penitontiary,
or lhose crimes, ononses or misdemcanOrr,
the original or exclusive Jurisdiction Ut
which is vested IN justices Of the peace, or
in tho mayor or magistrate Of u town or
city.
Sec. 2 All recoguizancos which shall
hereafter be taken by Justices of tue ptacc
and other officers authorized TO take the
same, aud alltrausCripts Ia criminal cases
within the jurisdiction ofihe said probate
| court, shall DO returned to the Judge OF
said court forthwith after tho commitment
! Of a person charged with All olfense, or tho
1 taking Of reoognizance for his appearance
! before the said probate court nnlcss the
| person or persons accused shall elect to he
| tried in tho court ol common pleas cf said
county, in which case tho justice of the
peace or Other officer licfnrc whom said
proceedings may havo been had shall make
a minute upon his docket OF Raid election
made by said accused pcrson or persons
and thereupon said iustice or other officer
shall return said II n1cript and rccogni.
za"ce to tho clerk Of the court of common
pleas in such time aud manner as is provi
lcl 10y law in other cases.
Sec. 3. When two or moro persons
shall be Jointly accused and held for trial,
and one Of them shall elect to be tricd in
tho court Of common pleas. the justice or
\ other officer sha require all tho defendants
to appear before that court, and shall re-
turn tho Transcript aud rccognizance to the
clerk thereof.
Sec 4. In no prosecutions for crimes,
or ofIonses, or mis,lemcanors Of which said
probate court shall have cognizahtc, shall
MI indictment by grand Jury be required,
hut in all criminal cases originally brought
before said probate court by filing a trans
Cript aud rccognizince. tho probate ind Se
shall forthwith notify the prosecuting at.
torncy OF said County Of the pcndeDcy ol
such cause; aud thereupon said prosecu.
ting attorney shall flc an information in
said court setting forth tho charge against
tho accused person or perSons, on which
information such person or persons shal
be tried, and such information may be-
amended Mt any time before or during tho
trial upon such terms as the court may di
rect,
Sic. 3. An fines imposed by probate
jWdgcs tor crimes, shall he paid into the
: county treasury as soon AZ tho same shal
he collected.
Sec. &. IN tho exercise III iVs crirnium
Jurisdiction, the probate court shall h,
con Tered AZ holding terms in said county
, | CNIUuCl,Cllp WI lHV lliSl j u'Su'i) VI cNcfN
alt rmtivC mouth
Sec. {. The prosecuting attorney. if he
shall be satisfied that the state will fail il
the action, or II tho prosecutor shall ia
to inorsc the information when required
50 TO do, may enter nRe pro'eqai ou the
information.
SEQ. S. lf tho defendant refuse to an
! swer the infor nation, plea of not guilty
: ahnll no entered
/, Sec 6. Upon plea other than plea
of guilty, il the defendant do not demand ,
trial ly jury, before the court shah have
heard any testimony upon the trial. the
probate judge shall proceed to Try the
issue.
See. TO- Whom the defendant pleadr
guilty. ur is convicted either by tho pro
hate Judge or by the llrv. tho probate
Judge shall reader judgnie It thereon, b.
dne or Imprisonment, or both, accorjin. to
law.
!. Sec. II. when the defendant is acQuit
y ted. either by tho probate Judge or by tn
: Jury, hc shall Immediately bo discharged
Q aud il the probate Judge certify in his mi,l
n utos that tho prosecution was malicious q
e without probable caWso, he may order Ii
j prosecutor TO pay the coats at tho proceed
G ings aud enter judgment therefor, which
may be enforced hy exccut on.
y Sec. IL. The fees of tho shcrih. wit
c nessrs aud Jurors shall 10 certified to b,
|, the probate judge or his clerk, ami paid ou
OF the county treasury, in tho samAe rn,nne
d as sNch fCcs are nOw paid i'1 like service
" in the conrt of common pleas,
= Sec. ID. Tho probate judge shall b
o paid for his services in criminal casca, nc
less than two hundred dollars, nor NOR
'c than four hundred dollars per annum, on
oi the co@'y iFeaAnry; the amount TO !
ts ,le,ermine,l by tho conhiy commissioner
iy AMI paid qAarterys AMI the probate jnlS
x shall tax the fees to which l,e would l.
otherwise entitled, and when the same al
y collected pay lAem into Tho cennty tIea
~ ury.
n. Sec, "a. One hSu1red and nincty jud
cious persons, havitE; the qual icatiohs
Al electors, shall be annNally selected M eat
M of the counties to which this act is appl
T. cable, 20 attend "a jurors in tho prohat
court, in the manner prescribed by law Il
NJ the selection Of lur0S to attend tho com
uf common pleas; provided. that until u
sc Jurors are sclectcd a1d returned in aessor'
ag ance with the law now IN force the pEOha
er Judge shah cause to he Summoned, for ea,
4. term, the proper number Of qualified pc
~ sous to serve as jurors Tor such term; AN
ii. provided further, that tho list Of jurors {
nj the probate court SHAH be delivered to Il
probate Judge by the trustees returnir
ly the poll book,
ie See, 10. The names Of the persona a
u eted to erve as jurors in tho pr ,bN
or court, shat be written OH separate piec