person shall abuse any judge, justice of the Persons ministerial peace, abusing a or resist or abuse any sheriff, constable or other judicial or officer, in the execution of his office, he shall be officer. fined in a sum not exceeding one hundred dollars ished. and find sureties for the peace and good behavior, How punfor a term not exceeding one year, and on refusal, shall be committed to the common jail of the county. Sec. 34. And be it further enacted, That if any Rescue. person shall, forcibly and knowingly, rescue or free from any arrest or imprisonment, any person lawfully arrested or imprisoned, the person so offending shall, on conviction thereof, be fined in a sum not exceeding five thousand dollars and imprisoned, not exceeding twelve months, at the discretion of the court. Sec. 35. And be it further enacted, That if any Usurpation. person shall take upon himself, exercise or officiate in any office or place of authority in this state, without being lawfully authorized, the person so offending shall, on conviction thereof, be fined in a sum not exceeding five hundred dollars. Sec. 36. And be it further enacted, That all fines and forfeitures incurred under this act, not otherwise disposed of, shall be paid into the county treasury, where conviction may be had. Sec. 37. And be it further enacted, That the mode of inflicting the punishment of death, in all cases under this act, shall be by hanging by the neck, until the person so to be punished, shall be dead; and the sheriff of the proper county in which sentence of death shall be lawfully pronounced, by force of this act, or of any other hereafter to be passed, shall be the executioner, Fines, etc., posed of. how dis Punishments act, how and inflicted. under this by whom Repealing clause. Commencement of this act. and shall execute the other corporal punishments incurred under this act. Sec. 38. And be it further enacted, That a law respecting crimes and punishments, published at Marietta on the sixth day of September, one thousand seven hundred and eighty-eight, and also a law, supplementary thereto, passed at Cincinnati the twenty-second day of June, one thousand seven hundred and ninety-one, and all laws and parts of laws, relating to any of the crimes aforesaid, shall be and the same are hereby repealed. This act shall take effect and be in force, from and after the first day of August next. MICHAEL BALDWIN, Speaker of the house of representatives. JOSEPH KERR, Speaker pro tem. of the senate. January 15, 1805. Justices jurisdiction in criminal cases. CHAPTER II. An act, defining the duties of justices of the peace and constables, in criminal and civil cases. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the jurisdiction of justices of the peace in criminal cases, within this state, shall be coextensive with the counties where they may be respectively chosen and reside, and they shall be conservators of the peace throughout the same; and they are authorized and required, on on view or view or complaint made on oath, to cause any Their duty person charged with a crime or a breach of the complaint. laws of this state, to be arrested and brought before him or some other justice of the peace in said county and such person to commit, discharge or let to bail, as the nature of the case may require, and recognize each witness, as the nature of the offense may require, conditioned, that such witness shall attend on the first day of the court next to be holden before whom the offender is to be tried, to give testimony. pursued in criminal cases. Sec. 2. Be it further enacted, That the follow- Forms to be ing forms shall be pursued and adopted by all the justices of the peace, as nearly as the nature of the case will admit of, in all criminal proceedings, before any of them had (to-wit): FORM OF AN AFFIDAVIT, ON WHICH TO ISSUE A The State of Ohio, County, Before me, A B, one of the justices of the peace for personally came C D, who being duly sworn according to law, deposeth and saith, that (here describe the crime or on at offense) was perpetrated on the body (or goods, as the case may be) of EF, of tain G H, late of by a cer (or thus) and that he verily believes that a certain G H, late of is guilty of the fact, or that he has been aiding and assisting in the commission thereof; and further this deponent saith not. Sworn and subscribed before me, at Continued. of greeting: (L. S.) Whereas complaint hath been made before me, one of the justices of the peace, in and for the county aforesaid, upon the oath of C D, that E F, of aforesaid, did, on violently assault and beat him the said C D, at in the county aforesaid: These are therefore, in the name of the state of Ohio, to command you, that you take the said E F, if he be found in your county and him safely keep so that you have his body forthwith before me, at to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal, this Continued. FORM OF A SEARCH WARRANT. The State of Ohio, County, } SS. To any constable in the county aforesaid, greeting: (L. S.) Whereas it appears to me, A B, one of the justices of the peace in and for the county aforesaid, that the following goods and chattels, to-wit: (here describe the property or articles) have, within days last past, by some person or persons unknown, been feloniously taken, stolen and carried away, out of the house or from the premises of the said C D, of the county aforesaid, and that the said C D doth, on oath or affirmation, declare, that he verily believes, that the said goods or a part thereof, are concealed in the dwelling-house or out-house of E F, at in said county: These are therefore, in the name FORM OF A WARRANT, FOR THE PEACE OR GOOD Continued BEHAVIOR. hath this (L. S.) Whereas A K, of day made oath before me, that he hath been threatened by C D, etc., and is afraid that the said CD will beat or wound him, he being in fear of his life, whereupon he hath prayed surety of the peace against him: These are therefore in the name of the state of Ohio, to command you to apprehend the said C D, and bring him forthwith before me or some other justice of the peace, with. in and for said county, to find surety for his personal appearance at the next court of common pleas and in the meantime to keep the peace, especially towards the said A K. Given under my hand and seal, this. |