199. The act of April 3, 1876, entitled "An act to protect 73 v. 154. surgeons, physicians, dentists, and patients from the morbid condition of the nervous system sometimes produced by the administration of anesthetics."

200. Sections two and three of the act of April 3, 1876, entitled "An act to amend sections two, four, and twentyfour of an act entitled 'an act to preserve the purity of elections, passed March 20 1841 (S. & C. 543, 544, 547), as amended by acts of April 15, 1857 (vol. 54, O. L., 136), May 30, 1864 (vol. 61 O. L., 83), and April 15, 1867 (vol. 64, Ο. L., 151), and to repeal the acts amendatory thereof and supplementary thereto, passed February 15, 1861 (vol. 58, O. L., 17), May 30, 1864 (vol. 61 O. L., 83), April 15, 1867 (vol. 64 O. L., 151), and April 16. 1867 (vol. 64 O L., 228, 229), as amended April 17, 1868 (S. & S. 340)."

73 ν. 155.

201. The act of April 8, 1876, entitled "An act for the 73 v.158. suppression of the trade in and circulation of obscene literature, illustrations, advertisements, and articles of obscene and immoral use, and articles for procuring abortion, and to repeal an act entitled an act to suppress and prohibit obscene publications, passed April 27, 1872."

202. The act of April 11, 1876, entitled " An act to amend 73 v. 207 an act entitled 'an act to prevent and punish child-stealing,' passed and took effect March 24, 1860 (S. & C. p. 457.")

203. The act of April 11, 1876, entitled "An act to amend 73 v. 216. an act entitled 'an act to protect certain birds and game, and to protect land-owners, and punish trespassing upon improved or inclosed land, and to repeal certain statutes therein,' passed April 20, 1874 (O. L., vol. 71, page 147.")

204. Section two of the act of April 11, 1876, entitled "An 73 v. 221 act to amend an act entitled an act, passed May 6, 1869, supplementary to the act prescribing the fees of county auditors, passed May 1. 1862, as amended April 12, 1865, as amended April 17, 1867."

205. The act of April 11, 1876, entitled “An act to punish 73 v. 224 certain offenses therein named, and to repeal a certain section therein named."

206. The act of April 12, 1876, entitled "An act supple- 73. 249 mentary to an act to establish a reform and industrial school for girls."

207. The act of April 12, 1876, entitled "An act for the suppression of gambling, and to repeal an act therein named." SEC. 2.

This act shall take effect and be in force from and

after July 1, 1877.

C. H. GROSVENOR,

Speaker of the House of Representatives.

H. W. CURTISS,

President of the Senate.

73 ν. 249.

Passed May 5, 1877.

AN ACT

To amend, revise, and consolidate the statutes relating to criminal procedure.

Be it enacted by the General Assembly of the State of Ohio, That the laws relating to criminal procedure be amended so as to read as follows:

TITLE II. CRIMINAL PROCEDURE.

PEACE WARRANT.

Complaint to

peace.

SECTION 1. When complaint is made in writing, upon keep the oath, before a justice of the peace, mayor, or police judge, that complainant has just cause to fear, and does fear, that another will commit any offense against the person or property of himself, or of his ward, or child, the magistrate shall issue a warrant, in the name of the state, to the sheriff or to any constable of the county, or, if the same be issued by an officer of a municipal corporation, then to the marshal or other police officer of such corporation, commanding him forthwith to arrest the person complained of, and bim to take before such magistrate, or any other magistrate named in this section, of the same county, to answer such complaint. [66 v. 287, § 1; 36 v. 18, § 1; S. & C., 1402 ]

SEC. 2. A warrant substantially in the form following shall be deemed sufficient:

THE STATE OF OHIO, COUNTY, SS.

To any Constable of said County, greeting:

Whereas complaint has been made before me by one C. D., on oath, that he has just cause to fear, and does fear, that one E. F. will [here state the threatened injury or violence according to the fact as sworn to.]

These are therefore to command you to apprehend the said E. F., and bring him forthwith before me, or some other magistrate having cognizance of the matter, in said county, to show cause why he should not find surety to keep the peace and be of good behavior toward the citizens of the state generally, and the said C. D. especially, and for his appearance before the proper court.

Given under my hand, this

[35 v. 87, § 33; S. & C. 817.]

day of,

A. B., Justice of the peace.

SEC. 3. When the accused is brought before the magistrate be shall be heard in his defense, and all witnesses produced shall be examined on oath; and unless the magistrate is satisfied that there is just cause for the complaint, he shall discharge the accused, and render judgment in favor of the state against the complainant for the costs of prosecution, and issue execution therefor. [66 v. 288, § 4.]

SEC. 4. If the magistrate is of the opinion that there is just cause for the complaint, he shall order the accused to enter into a recognizance, in a sum not less than fifty nor more than five hundred dollars, with sufficient surety, for his appearance before the court of common pleas, on the first day of the next term thereof, or before the probate court, if that court has jurisdiction of the matter, on the first day of the next term thereof for the trial of criminal cases, and in the meantime to keep the peace and be of good behavior generally, and especially towards the person named in the complaint; or, if such court is at the time in session, the recog

A form of

warrant to
keep the
peace.

When accused to be discharged.

When accusto give recoged required nizance.

When accused to be committed to jail.

When transcript and recognizance to be transmitted to court.

Accused to be

discharged if complainant

fail to prose cute.

Proceedings

in court.

When court

nizance shall require the accused to appear forthwith before it. [71 v. 70, § 1; 66 v. 228, § 5.]

SEC. 5. In default of such recognizance, the magistrate shall commit the accused to the jail of the county, there to remain until discharged by due course of law. [66 v. 288, §3.]

SEC. 6. When the magistrate has found there is reasonable ground for the complaint, he shall forthwith make a certified transcript of the proceedings, including a copy of the complaint, and file the same in the office of the clerk of the court having jurisdiction of the complaint, or forward the same to him, together with the recognizance, if any has been taken; and if the court is then in session, the accused, if in custody, shall be tried at that term, unless cause for continuance be shown, and if he is under recognizance he may be tried at the same term, with the assent of the prosecuting attorney. [66 v. 288, § 6; 71 v. 70, § 1.]

SEC. 7. If the complainant fail to prosecute his complaint, the accused shall be discharged, unless good cause to the contrary be shown, and the court shall render judgment against the complainant for the costs of prosecution, and award execution therefor. [66 v. 288, §§ 9. 10.]

SEC. 8. The court, upon the appearance of the parties, shall hear the witnesses produced on oath, and may either discharge the accused, and render judgment against the complainant for costs, and award execution therefor, or order him to enter into such further security, and for such time, as may be just, to keep the peace and be of good behavior, and render judgment against him for costs, and award execution therefor. [66 v. 288-9, §§ 7-11.]

SEC. 9. For want of such security the court shall commit shall commit the accused to jail, there to remain until such order be comjail.

accused to

Disturbers of the peace in presence of magistrates may be com

mitted.

Convicts of

misdemeanor may be required to enter into re

cognizance.

plied with, or he be discharged by due course of law, and
shall render judgment against him for costs, and award exe-
cution therefor; but in no case shall he be thus confined
longer than one year; and after such commitment the court
may at any time discharge him on his own recognizance,
when it shall seem proper to do so.
[66. v. 288, §§ 8, 9.]

SEC. 10. Whoever, in the presence of a magistrate named in section one, makes an affray, or threatens to beat or kill another, or to commit an offense against the person or property of another, or contends with hot and angry words, to the disturbance of the peace, may

be ordered, without-pro

cess, or any other proof, to give security as provided in section seven of this chapter, and in default thereof may be committed as is provided in the same section. [66 v. 289, § 12.]

SEC. 11. Any person convicted of a misdemeanor may be required by the court to enter into a recognizance, with sufficient surety, in such sum as the court may deem proper, to keep the peace and be of good behavior for such length of time, not exceeding two years, as the court shall direct; and the court may order such person to stand committed until

such order be complied with, or he be otherwise discharged by due course of law; but the court may, after such commitment, at any time discharged [discharge] such person own [on] his own recognizance. [29 v. 144, § 57; S. & C. 435.]

PRIZE-FIGHTS.

SEC. 12. When a sheriff, constable, marshal, or other police officer, has reason to believe that any person in his bailiwick is about to engage as principal or second in any premeditated fight or contention, commonty called a prize fight, or is in training or preparation to engage as principal in such fight, he shall forthwith arrest such person, and take him before a judge of the court of common pleas, or magistrate named in section one, and give notice to the prosecuting attorney, who shall immediately attend before such officer, and, upon the proper affidavit being filed, prosecute the complaint; and such officer shall hear the witnesses produced on oath, and if he find the complaint true, order the accused to enter into a recognizance, with sufficient sureties, in a sum not less than five hundred nor more than ten thou sand dollars, that he will not engage in any such fight or contention within one year thereafter, in this state or elsewhere; and in default of such recognizance such officer shall commit the accused to jail, there to remain until such order be complied with; but if, after the expiration of one month of confinement, the accused is unable to give such recognizance, a judge of the court of common pleas, or probate judge, may discharge him upon his own recognizance, in the same amount, and with the like conditions, upon proof by his own affidavit, and other evidence, that he will never engage in such fight or contention. [65 v. 29, § 3; S. & S. 274.]

Sheriff and

other officers shall arrest persons in

tending to engage in prize-fight.

When ac

cused to give recognizance or be committed.

zance to be returned to common

pleas, and re

SEC. 13. Every such recognizance shall be, by such judge Recognior magistrate, certified to the court of common pleas of the county, where the same shall be recorded; and the prosecuting attorney, when he has reason to believe that the condition of the same has been broken, shall immediately bring suit thereon in any county, and collect the amount due thereon, and pay the same into the county treasury. [65 v. 30, § 4; S. & S. 274.]

SEC 14. When a sheriff has reason to believe that such fight or contention is about to take place in his county, he shall forthwith summon a force of citizens of the county, sufficient for the purpose, and suppress such fight or contention, and arrest all persons found thereat violating any law, and take them before a judge of the court of common pleas, or a magistrate, to be dealt with as provided by law. [65 v. 29, § 5; S. & S. 274]

SEARCH-WARRANT.

SEC. 15. Magistrates named in section one of this chapter may issue warrants to search any house or place

corded.

Sheriff may suppress prize-fight, and arrest of fenders.