county commis- contain and show in separate columns, the tax, penalty and interest charged sioners in mak- for each year, on each tract of land mentioned in such list of taxes or dupliing out dupli- cate thereof; and all collectors in making out their lists of delinquencies or defalcations, shall pursue the same method and arrangement. cates. District collect ors to prosecute delinquent. county collect ors. Auditors to transmit forms to collectors and county commissioners. Further duty of the auditor in settling with the state treasurer. Title of land sold. 3. That it shall be the duty of each collector of nonresidents' tax, whenever any county collector within his district shall fail to account for, and pay over to such collector of nonresidents' tax, the amount with which such county collector is properly charged for the tax of his county, at the time such payment is required by law to be made, forthwith to cause suit to be brought against such county collector and his securities, on the bond by them given, in the same manner as the auditor is authorized to proceed against delinquent district collectors; and the county treasurer of every county when such delinquency may happen, shall deliver such bond to the order of the collector of the nonresidents' tax within whose district such county is situate, whenever the same shall be applied for. And such collector of nonresidents' tax, shall, in all respects, attend to the collection and recovery of all sums of money, with the interest and damages thereon, which may be due and owing to the state by county or township collectors within his district, and the same shall be accounted for and paid over at the same time, and in the same manner, as other moneys are accounted for and paid over by such collector of nonresidents' tax. 4. That the auditor shall be, and he is hereby authorized and required to prepare and transmit from time to time, to the several county commissioners, county collectors and collectors of nonresidents' tax, such general forms and instructions, in conformity with the laws in force, as may be found necessary to secure uniformity and correctness in the charging, collecting and accounting for the public revenue, and such officer shall, on receiving instructions so formed, be bound to pursue the same. 5. That the auditor be, and he is hereby authorized to adjust, in his office, the treasurer's accounts, by admitting to the credit of the treasurer the sum of two thousand, seven hundred and twenty-one dollars, sixty-two cents, the sum paid by him on the order of the governor, on account of the appropriation to provide blankets for the Ohio militia, and charging the treasurer with the amount by him received on account of the blankets so furnished; and for all money hereafter to be paid into the treasury on the same account, the treasurer's receipts shall be filed, with the auditor and the treasurer charged therewith; and on the failing of such receipt, the auditor shall grant an acquittance for the sums paid. 6. That the state shall not be in any manner answerable for the title of any land sold for the taxes due thereon. No money to 7. That all moneys hereafter appropriated, shall be paid by the treasube paid by the rer on the auditor's warrant or bill; and all accounts and demands against treasurer except the state, payable out of appropriations previously made, shall be presented on the warrant to the auditor, and be by him audited, and warrants or bills shall be by him of the auditor. issued for the proper amounts payable by the treasurer; and no money shall be hereafter paid out by the treasurer, but in pursuance of such warrants or bills. District collectors' salaries. District collectors to transmit transfers to 8. That the several district collectors shall be hereafter allowed, on settlement with the auditor, the following annual salaries respectively, viz: the collector for the first district, two hundred dollars; the collector for the second district, four hundred and fifty dollars; the collector for the third district, three hundred dollars; the collector for the fourth district, two hundred and fifty dollars; the collector for the fifth district, two hundred dollars; and the collector for the sixth district, four hundred and fifty dollars. 9. That it shall be the duty of each district collector, before the fifteenth of January, in each year, to transmit to the commissioners of the several counties within his district, a list of all transfers made by nonresident procounty commis- prietors of the land situate in such county, and a list of all transfers made by resident proprietors to nonresidents, copies of which lists shall also be transmitted to the auditor as is now required by law. § 10. sioners. O. L. c. 244, That so much of the ninth section of the act laying a tax on land, 9, repealed in as authorizes the commissioners of the several counties to appoint one collector for each township within their county, be, and the same is hereby repealed. 11. That the several district collectors shall be, and they are hereby authorized to demand and receive for each and every deed of conveyance by part. them made, executed and acknowledged for land sold for the nonpayment of Collectors' fee taxes, the sum of fifty cents: Provided always, The person receiving the for making deeds. deed shall pay the judge or justice for taking the acknowledgment thereof. 12. That all acts and parts of acts, so far as the same are contrary to the L. c. 201, &c. repealed provisions of this act, be, and the same are hereby repealed. [Passed, Febin part. ruary 11, 1814.] CHAP. CCCXXVII.—An act defining the duties of justices of the peace and constables, in Repealed, Feb criminal and civil cases.* 446. ruary 16, 1820; 1. Be it enacted, &c. That the jurisdiction of justices of the peace, in O. L. c. 475, criminal cases, within this state shall be coextensive with the counties where 57: see also they may be respectively chosen and reside; and they shall be conservators O.L. c. 328, of the peace throughout the same. And each justice of the peace is author- 375, 400, 426, ized and required, on view or complaint made on oath, to cause any person Jurisdiction of charged with a crime or a breach of the laws of this state, to be arrested and justices in crimbrought before him or some other justice of the peace in said county; and inal cases; their such person to commit, discharge or let to bail, as the nature of the case may power and durequire, and recognize each witness, as the nature of the offence may require, ty; to disconditioned that such witness shall attend on the first day of the court next to charge, combe holden in the county, before which the offender is to be tried, to give testi- mit, or let to mony, and not depart the court without leave; and all recognizances thus bail; recognitaken shall be returned by the justice taking the same into the said court of zances to be common pleas in person, or cause the same to be transmitted to the prosecuting turned into the attorney of the proper county, or to the clerk of the proper court, at as early court of coma time as may be convenient, before the sitting of such court. taken and re mon pleas. 2. That the following forms shall be pursued and adopted by the justices Forms of proof the peace, as nearly as the nature of the case will admit of, on all criminal cess. proceedings before any of them had, to wit: Form of an affidavit on which to issue a state warrant. The state of Ohio, at personally came C. D. who being duly sworn according to law, deposeth and [or thus] and that is guilty of he verily believes that a certain G. H. late of (L. S.) To any constable of greeting: Form of affida vit for a state warrant. Whereas complaint has been made before me, one of the justices of the peace, in and for the county aforesaid, upon the oath of C. D. of aforesaid, did on the that E. F. of day of 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 or further jurisdiction, and him safely keep, so that you have his body forthwith before me or some other justice, to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal this The state of Ohio, day of Form of a search warrant. county, ss. (L. S.) To any constable in the county aforesaid, greeting: 18 Form of an as sault. Whereas, it appears to me, A. B. one of the justices of the peace, in and A search warfor said county, that the following goods and chattels, to wit: (here describe *See O. L. c. 119. rant. For the peace and good behavior. days last past, by some the property or articles) have within } SS. day of Form of a warrant for the peace, or good behavior. greeting: 18 hath this day made oath before me, that he has been threatened by C. D. of and is afraid that the said C. D. 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 within and for said county, to find surety for his personal appearance at the next court of common pleas, and in the mean time to keep the peace, especially towards the said A. K. Given under my hand and seal this The state of Ohio, day of Form of a recognizance. day of ss. 18 in the year Recognizance. L. S.) Be it remembered, that on the A. B., C. D. and E. F. personally came before me, one of the justices of the peace for said county, and severally acknowledged to owe the state of Ohio dollars each, to be levied on their goods and chattels, lands and tenements, to the use of said state, if default be made in the condition following, to wit: The condition of this recognizance is such, that if the above bound A. B. shall personally appear at the next court of common pleas to be holden in and for the county aforesaid, then and there to answer what at that time shall be objected against him, and abide the judgment of the court, and not depart without leave, then this recognizance shall be void and of none effect, otherwise to remain in full force and virtue in law. Summons. Taken and acknowledged before me at (or if the recognizance should be to compel the attendance of witnesses in Taken and acknowledged before me at The state of Ohio, s .county, Form of a summons. greeting: SS. (L. S.) To any constable of, You are hereby commanded to summon to be and appear before me, at forthwith, and there to give testimony and the truth to say of and concerning a complaint made on behalf of the state against who is charged with having (here describe the offence) thereof you are in nowise to fail under the penalty of one hundred dollars, and have you then and there this writ. county, (L. S.) To the keeper of the jail of the county aforesaid, greeting: Given under my hand and seal this day of 18 Mittimus. mencement of 3. That if any person or persons shall challenge another to fight at fisti- Penalty for cuffs, or with cudgels, or shall endeavor to provoke any other person or per- challenging to sons to commit an affray, every person or persons so offending, shall, on con- fight at fistiviction thereof, forfeit and pay for every such offence, a sum not exceeding to time of comcuffs; proviso as five dollars nor less than one dollar, to be collected as other fines are; and every justice of the peace of the county where the offence shall have been action; fines to committed shall have cognizance thereof: Provided however, That such pros- go into townecution be commenced within five days from the time the offence was com- ship treasury; mitted; and all fines and penalties imposed by the provisions of this section, penalty on negshall be paid into the township treasury where the offence was committed, for lect to pay the use of the township, within fifteen days after the same shall have been col- over. lected. And if any justice shall fail to pay over such money as aforesaid, the treasurer of the proper township shall sue for and recover of the said justice in an action of debt or damages the said money, with twenty-five per cent. damages thereon for the use of said township: Provided, That nothing in this section shall be construed to extend to any case where an actual assault or battery shall have been committed. Proviso. constables in 4. That constables shall be the ministerial officers of the courts held by Duty of conjustices of the peace in their respective townships, and it is hereby made the stables as duty of the constables to apprehend and bring to justice, felons and disturbers peace officers; of the peace, to suppress riots, and to keep and preserve the peace in their jurisdiction of respective townships. And the limits of constables in the service of process criminal cases; in criminal cases, shall be coextensive with the county in which they were in civil cases; elected or appointed and reside; and in criminal cases where persons are constables to making their escape from justice, they are by this act empowered and author- give bond. ized to pursue after and take such absconding person in any county within this state; and in serving subpoenas for witnesses, their jurisdiction shall extend throughout their respective counties only; and they shall, moreover, serve such legal process in civil cases as may be by the justices of the peace to them directed, and govern themselves therein agreeably to the provisions of this act, and to do and perform such other services as may be directed by law; and every constable within ten days after his election or appointment, and before he enters on the duties of his office, shall appear before the clerk of the township and give bond with one or more sureties, resident in the township, such as the trustees thereof shall approve, in any sum not exceeding one thousand dollars, nor less than four hundred dollars, payable to the township treasurer, conditioned for the faithful discharge of the duties of his office, and the township clerk shall make an entry of such bond, and file the same in his office. 5. That the powers of the justices of the peace in this state shall, in Jurisdiction of civil cases, be coextensive with the township in which they may respectively justices of be elected and reside; and their jurisdiction in such cases shall extend, under peace in civil the restrictions and limitations hereinafter provided, to any sum not exceed- cases; proviso ing seventy dollars: Provided, Any justice of the peace may grant sub- as to subpœpœnas for witnesses for either party concerned in the cause pending; but such as for witnesses; as to volparty shall not be allowed fees for travel or serving the same, if performed by untary confeshimself: Provided, That the power of justices of the peace to subpoena wit- sions of judgnesses, shall be coextensive with the county: Provided also, That in any ment. case, if any person or persons shall voluntarily appear before a justice of the peace, and confess judgment, in such case the jurisdiction of a justice of the peace shall extend to two hundred dollars, from which judgment there shall be no appeal. 6. That every justice of the peace shall keep a docket, in which he shall Justices to keep make fair and accurate entries of all actions and suits instituted before him, a docket. 14 VOL. II. Proceedings when defendant is a householder, to be by with his proceedings thereon; and if either of the parties require a copy of the proceedings, the justice shall furnish the same. 7. That where the defendant is a householder within the township, and resides within the same, a summons shall be the first process to be issued by virtue of this act, on which summons the justice shall endorse the precise sum demanded by the plaintiff, together with the costs which have accrued, summons; and the summons to be issued as aforesaid, shall specify a certain time, not manner of serless than six, nor more than twelve days from the date of such process; vice; justice's duty when ser- and also a certain place at which the defendant is to appear, and shall be servvice is made by ed at least three days before the time of appearance mentioned therein, by leaving a copy; reading the same to the defendant, or by serving him or her with a copy thereproviso, when of, if required; but if he or she cannot be found, by leaving a copy at his or plaintiff is in her house or place of abode, in presence of some person of the family, of danger of losing the age of fourteen years or upwards, who shall be informed of the conhis demands; tents thereof. And the constable serving such summons, shall endorse further proviso. thereupon the time and manner of service, and shall subscribe his name Proceedings when defend ant is not a res ident of the county. Recognizance of bail in such cases; proceedings on recogni zance in cases ponement in certain cases; thereto. And in all cases where service of process is made by leaving a copy at the defendant's house or place of abode, it shall be lawful for the justice of the peace, to continue the cause from time to time, until the defendant shall have returned to his home, and received notice of the pendency of such suit. And such continuance shall rest in the sound discretion of the justice of the peace, taking into view all the circumstances of the case: Provided, That in all cases where it shall be sufficiently proved on oath or affirmation of any person, to the satisfaction of the justice, that the plaintiff will be in danger of losing his or her demand unless the defendant be arrested, it shall be the duty of the justice to issue a warrant in nature of a capias, which shall be proceeded in as hereinafter provided: Provided also, That where the plaintiff lives out of the township or county, and his demand is on bond, promissory note, or bill sent to any justice of the peace for collection, in that case it shall be discretionary with the justice to determine the most proper precept to secure the debt to the plaintiff, any thing herein contained to the contrary notwithstanding: Provided also, That no person who is a householder or freeholder, shall be bound to answer unto any summons or warrant in civil cases, issued by a justice of the peace in any other township, except in the township in which such defendant actually resides, unless there is no justice of the peace within said township who can legally issue said summons. 8. That a warrant in nature of a capias ad respondendum shall be the proper process under this act, in all cases where the defendant is not a resident and householder of the county where such process shall be issued, upon which the justice shall endorse the precise sum demanded, together with the costs that have accrued; and the said warrant shall be made returnable forthwith after the service thereof; and the constable serving or executing the same, shall, according to the command thereof, forthwith convey the defendant before the justice who issued the same, and the said justice shall, thereupon, either cause the said defendant to give bail for his, her or their appearing, and abiding the event of said suit, or on neglect or refusal to give such bail, shall order the constable to convey him or her to the jail of the county, there to be kept in custody till the time appointed for the trial of the cause, which shall not exceed three days from the day of the return of the warrant, or the justice may direct the constable to hold the defendant in his custody, until the plaintiff shall have notice and time to attend and proceed to trial; and the constable who serves such warrant shall endorse thereon the execution thereof, and sign his name thereto. 9. That the recognizance of bail to be taken, as is above provided, shall be in the following form, to wit: county, township, ss. of default; pro- in an action of Whereas, A. B. hath been arrested, and is in custody at the suit of C. D. for the sum of viso for post: now, therefore, you O. P. do acknowledge yourself special bail in said action, in the sum of to be levied on your goods and chattels, lands and tenements, and for want thereof, upon your body, if default be made in the condition of your recognizance, which condition is, that the said A. B. shall be and appear before and if judgment be given against him or her, that he or proviso. |