their fees, etc. same compensation as is allowed to sheriffs for similar services; and witnesses shall receive fifty cents for each day's Witnessesattendance, and five cents per mile for traveling to and from court; the same to be paid out of the state treasury on the order of the president of the court, approved by the adjutant general. The president of the court may issue subpœnas to compel the attendance of witnesses, and enforce their attendance, if necessary, by attachment. All fines which may Fines-how be levied by such courts martial, shall be assessed and col- collected. lected in the same manner as is provided in sections thirtyone and thirty-two in regard to fines imposed by courts of discipline. Regimental and battalion courts-martial may be convened by order of the commandant, approved by the governor, under such regulations as the governor may prescribe. The proceedings, findings, and sentences of all courts-martial, shall, unless otherwise ordered by the governor, be reviewed by the judge-advocate general. Section 57. The governor shall, from time to time, cause such number of copies of this act as may be necessary, to be printed, and the same shall be distributed to the force by the adjutant general. SEC. 2. That sections eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-three, twenty-five, twenty-seven, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven, thirty-eight, thirty-nine, forty-five, forty-seven, and fiftyseven of the above mentioned act and the act entitled "an act to provide for the appointment of an assistant adjutant general," passed April 4th, A.D. 1866, be and the same are hereby repealed: provided, that all fines, dues assessed, or for which any person may be liable under said sections, may be collected thereunder, or under the provisions of this act; and no suit, process, or proceeding, pending to enforce and collect the same, shall abate, but proceed to final determination, and all contracts made thereunder carried out, and all rights and privileges acquired under said act or sections, shall be held good and binding, the same as if said act and sections continued in force. SEC. 3. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, H. W. CURTISS, President of the Senate. As amended act to be dis- Passed May 7, 1877. To amend, revise and consolidate the statutes relating to crimes and offenses, and to repeal certain acts therein named; to be known as title one, crimes and offenses, part four, of the act to revise and consolidate the general statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: TITLE I. CRIMES AND OFFENSES. CHAPTER 1. GENERAL PROVISIONS. CHAPTER 2. OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. CHAPTER 11. FRAUDS, FORGERY, AND COUNTERFEITING. SECTION 1. In the interpretation of Part Fourth the term "any thing of value" includes money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority, and intended to pass and circulate as money; goods and chattels; any promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money; any receipt given for the payment of money or other property; any right in action [S. & S. 263, § 7; 66 ν. 341, § 1 ; 66 v. 29, § 1]; things which savor of the realty, and are, at the time they are taken, a part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, although there be no interval between the severing and the taking away [69 v. 67, § 1]; and every other thing of any value whatever [68 v. 87, § 1]; the words "person" and "another," when used to designate the owner of any property the subject of any offense, include not only natural persons, but every other owner of property; the word "writing" includes printing; the word "oath" includes an affirmation; the word "bond" includes an undertaking; words in the present include the future tense, and in the masculine include the feminine and neuter genders, and in the singular include the plural, and in the plural include the singular number [66 v. 324, §§ 227-8-9]; "and" may be read "or," and "or" read "and," if the sense requires it; and the word "imprisoned," when the context does not otherwise require, shall be construed to mean imprisoned in the county jail. SEC. 2. Offenses which may be punished by death, or by imprisonment in the penitentiary, are felonies; all other offenses are misdemeanors. [66 ν. 324, § 230.] SEC. 3. When any evidence of debt, or written instrument, is the subject of a criminal act, the amount of money due thereon, or secured thereby, or the amount of money or the value of property affected thereby, shall be deemed the value thereof. SEC. 4. A person sentenced to be punished for felony Meaning of certain words and terms in Part Fourth. What are felonies, and what are misdemeanors. Value of written instruments. For what crimes convict disfran chised unless pardoned. Convict of other state disfranchised. The sentence, judgment, and execution against penitentiary convicts. Courts may sentence to hard labor in county jail. Jail may extend throughout the county. bor to be paid into treasury. (when sentence has not been reversed or annulled), is incompetent to be an elector or juror, or to hold any office of honor, trust, or profit within this state, unless he shall have received a pardon, when he shall be restored to all his civil rights and privileges; but no pardon shall release a convict from the costs of his conviction, unless so stated therein. [S. & C. 417, § 41.] SEC. 5. A person who has been actually imprisoned in the penitentiary of any other state of the United States, under sentence for the commission of any crime punishable by the laws of this state by imprisonment in the penitentiary, is incompetent to be an elector or juror, or to hold any office of honor, trust, or profit, within this state, unless he shall have received a general pardon from the governor of the state in which he may have been imprisoned, agreeably to the laws thereof. [S. & C. 418, § 45.] SEC. 6. When any person is sentenced to imprisonment in the penitentiary, the court shall declare in its sentence for what period he shall be kept at hard labor, and for what period, if any, he shall be kept in solitary confinement without labor; and in all cases of conviction of an offense the court shall render judgment against the defendant for the costs of prosecution. [S. & C. 416, § 38] SEC. 7. In lieu of imprisonment in the county jail, the court may, upon the recommendation of the prosecuting attorney, sentence a convict to hard labor in the jail of the county for any length of time not exceeding six months, and not exceeding the length of time for which he might be imprisoned [S. & C. 424, § 75]; and a person committed to jail for non-payment of fines or costs, may be required to labor therein not exceeding six months, and until the value of his labor, at the rate of one dollar and fifty cents a day, equals the amount of fines and costs, or the amount shall be otherwise paid, or secured to be paid, when he shall be discharged [71 v. 33, § 1]; but this section does not affect the chapter of this statute relating to work-houses. [66 v. 195, §§ 271-282; 73 v. 211, § 1; 67 v. 75, § 271.] SEC. 8. Persons committed to jail by a court or magistrate for non-payment of fines or costs, or convicts sentenced to hard labor in the jail of the county, which for this purpose extends throughout the county, shall perform labor under the direction of the commissioners of the county, who may adopt such orders, rules, and regulations, in relation thereto, as they may deem best, and the sheriff or other officer having the custody of such persons or convicts shall be governed Avails of la- thereby; and the sheriff of the county shall collect, and pay into the treasury, the avails of the labor of such convicts, and take the treasurer's duplicate receipts therefor, and forthwith deposit one of the same with the county auditor. [S. & C. 424, §§ 76–7; 72 v. 165, § 2.] SEC. 9. An officer who collects any fine shall, unless otherwise required by law, within twenty days after the receipt thereof, pay the same into the treasury of the county in which such fine was assessed, to the credit of the county general fund, and shall take the treasurer's duplicate receipts therefor, and forthwith deposit one of the same with the county auditor. [35 v. 87, § 28; S. & C. 814.] SEC. 10. Nothing in Part Fourth contained shall be construed to prevent a party injured in person or property, by any criminal act, from recovering full damages; but no record of a conviction, unless the same was obtained by confession in open court, shall be used as evidence in an action brought for such purpose. SEC. 11. Whoever aids, abets, or procures another to commit any offense, may be prosecuted and punished as if he were the principal offender. [S. & S. 266, § 14; S. & C. 421, § 66; S. & C. 422, § 68; S. & S. 281, § 281; S. & C. 407, § 16; 73 v. 207; S & C. 435, § 141; 71 v. 115; 73 ν. 19; 73 ν. 59 ; 66 v. 123; S. & S. 269, §§ 25-6; S. & S. 273, § 34; S. & C. 449; §§ 192-4; S. & C. 422, §§ 70-1; S. & C. 406, § 12; S. & S. 267; $19; S. & C. 457a, § 240; 71 v. 114, § 9; 72 v. 15, § 3; 73 ν. 249, § 1; 73 v. 116, § 675; 73 v. 207, § 2; 73 v. 158, § 1; 73 v. 129, §§ 1, 2, 4; S. & S. 266, § 12; S. & S. 271, § 1; S. & C. 75, §§ 42, 43; S. & C. 420, § 4; S. & C. 412, § 25; S. & C. 405, § 10; S. & C. 457, § (235); 68 v. 9, § 1; 70 v. 155, § 1; S. & C. 437, § 1; S. & C. 544, § 9; 67 v. 57, § 1; 73 ν. 249, § 1; 73 v. 116, § 1; 54 v. 127, §§ 1, 2; S. & C. 750; 66 v. 71, § 2.] SEC. 12. No person shall be indicted, or criminally prosecuted, for any offense, felonies excepted, the prosecution of which is not specially limited by law, unless such indictment be found, or such prosecution commenced, within three years from the time such offense was committed. [S. & C. 424, § 74.] CHAPTER 2. OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. SECTION 1. Treason. SECTION 2. Misprision of treason. SECTION 1. Whoever levies war against this state, or the Treason. United States, or knowingly adheres to the enemies of either, giving them aid and comfort, is guilty of treason against the state of Ohio, and shall be imprisoned in the penitentiary during life. [58 v. 110, § 1; S. & S. 261.] SEC. 2. Whoever, having knowledge that any person has Misprision of committed treason, or is about to commit treason, willfully treason. omits or refuses to give information thereof to the governor, or some judge of the state, or to the president of the United States, is guilty of misprision of treason, and shall be imprisoned in the penitentiary not more than twenty nor less than ten years. [58 v. 110, § 2; S. & S. 261.] |