Courts of common pleas in the third circuit, when holden.

Courts of common pleas in the fourth circuit, when holden.

When to take effect.

O. L. c. 321, repealed,

days in February, June and October; in the county of Highland on the first Mondays in March, August and November; in the county of Clermont on the second Mondays in March, August and November; in the county of Adams on the fourth Monday in March, and the third Mondays in August and November; in the county of Scioto on the first Monday in April, and the fourth Mondays in August and November; in the county of Gallia on the second Monday in April, and the first Mondays in September and December; in the county of Pike on the third Monday in April, and the second Mondays in September and December; in the county of Ross on the second Monday in May, and the third Mondays in September and December.

4. That the courts of common pleas for the third circuit, shall be holden as follows, to wit: in the county of Stark on the second Tuesdays of February, May and October; in the county of Portage on the Tuesdays next following the first days of the court in Stark; in the county of Huron on the Tuesdays next following the first days of the court in Portage; in the county of Cuyahoga on the Tuesdays next following the first days of the court in Huron; in the county of Geauga on the Tuesdays next following the first days of the court in Cuyahoga; in the county of Ashtabula on the Tuesdays next following the first days of the court in Geauga; in the county of Trumbull on the Tuesdays next following the first days of the court in Ashtabula; in the county of Columbiana on the Tuesdays next following the first days of the court in Trumbull; in the county of Harrison on the Tuesdays next following the first days of the court in Columbiana; in the county of Belmont on the Tuesdays next following the first days of the court in Harrison; in the county of Monroe on the Tuesdays next following the first days of the court in Belmont; and in the county of Jefferson on the Tuesdays next following the first days of the court in Monroe.

5. That the courts of common pleas for the fourth circuit, shall be holden as follows, to wit: in the county of Athens on the first Mondays of March, June and November; in the county of Washington on the Mondays next after the courts in the county of Athens; in the county of Muskingum on the Mondays next after the courts in the county of Washington; in the county of Guernsey on the Mondays next after the courts in the county of Muskingum ; in the county of Coshocton on the Mondays next after the courts in the county of Guernsey; in the county of Tuscarawas on the Thursdays next after the courts in the county of Coshocton; in the county of Wayne on the Mondays next after the courts in the county of Tuscarawas; in the county of Richland on the Thursdays next after the courts in the county of Wayne; in the county of Knox on the Mondays next after the courts in the county of Richland; in the county of Delaware on the first Monday of May, third Monday of September, and third Monday of January; in the county of Licking on the Mondays next after the courts in the county of Delaware; and in the county of Fairfield on the Mondays next after the courts in the county of Licking.

6. That the first section of this act shall take effect from and after the passage thereof: the second section shall take effect and be in force from and after the first day of March next: the third section shall take effect and be in force from and after the eleventh day of March next: the fourth section shall take effect and be in force from and after the tenth day of April next : and the fifth section shall be in force and take effect from and after the first day of March next.

7. That the first section of the act, entitled an act regulating the times of holding the judicial courts,' passed the eleventh day of February, one thousand eight hundred and fourteen, shall be repealed from and after the passage of this act; the second section of the beforerecited act, shall be and is hereby repealed from and after the first day of March next: the third section of the said recited act, shall be and is hereby repealed from and after the eleventh day of March next: the fourth section of the said recited act shall be repealed and cease to operate from and after the tenth day of April next : and the fifth section of the said act shall be, and the same is hereby repealed from and after the first day of March next: and all suits and process pending in any of the courts of common pleas, at the time of the taking effect of the different sections of this act, shall be returned and continued to the different terms of the said courts respectively, which shall take place next after the taking effect of the sections of this act, in relation to such courts. [Passed, February 13, 1815.]

CHAP. CCCXLIV.-An act in addition to the several acts fixing and establishing the perma- Amended O. nent and temporary seat of government. L. c. 374.

1. Be it enacted, &c. That the second section of the act supplementary Repealing to the act fixing and establishing the permanent and temporary seat of gov- clause. ernment, passed the ninth day of February, eighteen hundred and fourteen, be and the same is hereby declared to be in force until the rising of the next general assembly.

2. That the director of the town of Columbus shall be entitled to receive Salary of the for his services, three hundred dollars per annum, and no more, payable quarter- director. yearly out of the treasury of this state:

3. That the director shall cause to be sunk and completed, a well near Director to sink the penitentiary house, for the use of the keeper, and the expense thereof shall a well. be paid out of the treasury of this state. [Passed, February 13, 1815.]

Repealed O. L. c. 599, § 55. Housebreaking in the hight with attempt to

CHAP. CCCXLV.-An act for the punishment of certain offences therein specified. 1. Be it enacted, &c. That if any person or persons shall, in the night season, unlawfully break open and enter any mansion-house, shop, store, ship, boat or other water-craft, in which any person or persons shall dwell or reside, and shall commit or attempt to commit any personal violence or abuse, or shall commit any vibe so armed with any dangerous weapon as to indicate a violent intention, the olence or abuse, person or persons so offending, shall upon conviction thereof, be fined in a sum how punished. not exceeding three hundred dollars, and be imprisoned not more than six

months.

2. That if any person or persons shall, in the day time, unlawfully break Housebreaking open and enter any mansion-house, shop, store, ship, boat or other water-craft, in the day time in which any person or persons shall or may dwell or reside, and shall commit with attempt or attempt to commit any personal abuse, force or violence, he, she or they, to commit any abuse or vioso offending, shall upon conviction thereof, be fined in a sum not exceeding one lence, how punhundred dollars and be imprisoned not more than three months. ished:

3. That if any person shall steal any money, or other personal goods and Stealing money chattels of another of less value than ten dollars, every person so offending, or goods, how upon conviction thereof, shall be fined in a sum not exceeding fifty dollars and punished. be imprisoned not more than six months.

4. That if three or more persons shall assemble together, with intent to Three or more do any unlawful act with force and violence, against the person or property of persons having another, or to do any unlawful act against the peace, or being lawfully as- met with intent sembled, shall agree with each other to do any unlawful act as aforesaid, and to do an unlawshall make any movement or preparation therefor, the persons so offending, ful act, how shall each on conviction thereof, be fined in a sum not exceeding two hundred punished. Three or more dollars, and be imprisoned not more than six months; and whenever three or persons having more persons shall be assembled as aforesaid, and proceed to commit any of met and prothe offences aforesaid, it shall be the duty of all judges, justices of the peace ceed to do an and sheriffs and all ministerial officers, immediately upon actual view, or as unlawful act, soon as may be on information, to make proclamation in the hearing of such how proceeded offenders, commanding them in the name of the state of Ohio, to disperse and against. depart to their several homes or lawful employments; and if upon such proc- Duty of judges, lamation such persons shall not disperse and depart as aforesaid, it shall be the justices, &c. to make procla duty of such judges, justices of the peace, and sheriffs, and all other ministerial mation. officers respectively, to call upon all persons near, and if necessary, throughout the Penalty on percounty, to be aiding and assisting in dispersing and taking into custody all sons failing to persons assembled as aforesaid; and all military officers and other persons assist officers. called on as aforesaid, and refusing to render immediate assistance, shall each upon conviction thereof, be fined in a sum not exceeding twenty-five dollars.

5. That if any person or persons shall forcibly obstruct any of the Penalty on perauthorities aforesaid, or if any three or more persons shall continue together sons obstructing after proclamation made as aforesaid, or attempted to be made and prevented the authority or continuing a riby such rioters; or in case of no proclamation, any three or more persons, ot after proclabeing assembled as aforesaid, shall commit any unlawful act as aforesaid, every mation. such offender upon conviction thereof shall be fined in a sum not exceeding five hundred dollars and imprisoned not more than six months, and shall moreover find security for good behavior and the peace for a time not exceeding

one year.

6. That if any of the persons so unlawfully assembled, shall be killed, Persons maimmaimed or otherwise injured, in consequence of resisting the judges or others ing or killing ri

oters to be holden guiltless.

Person abusing judges, justices, &c. how punished.

Assault and battery, how punished.

Judges, justices, &c. how punished for receiving extra

fees.

Defrauding, how punished.

Assumption of office, or oppression under color of office, how punished.

Officers encour

in dispersing and apprehending, or in attempting to disperse and apprehend them, said judges, justices of the peace, sheriffs, and other ministerial officers, and others acting by their authority, or the authority of either of them, shall be holden guiltless: Provided such killing, maiming or injury shall take place in consequence of the use of necessary and proper means to disperse or apprehend any such person or persons so unlawfully assembled.

7. That if any person or persons shall abuse any judge or justice of the peace, resist or abuse any sheriff, constable or other officer, in the execution of his office, the person or persons so offending, shall, upon conviction thereof, be fined in a sum not exceeding two hundred dollars, or imprisoned not exceeding six months, or both, at the discretion of the court.

8. That if any person shall unlawfully assault or threaten another, in a menacing manner, or shall unlawfully strike or wound another, the person so offending shall, upon conviction thereof, be fined in a sum not exceeding one hundred and fifty dollars, or imprisoned not more than six months, or both, at the discretion of the court, and shall moreover be liable to the suit of the party injured.

9. That if any judge, justice, coroner, constable, jailer or other officer of this state, either judicial or ministerial, shall knowingly ask, demand or receive any fee or reward to execute and do his duty, other than is or shall be allowed by the laws of this state, every person so offending, shall, upon conviction thereof, be fined in a sum not exceeding two hundred dollars, or imprisoned not exceeding six months, or both, at the discretion of the court.

10. That if any person or persons, by any false pretence or pretences, shall obtain from any other person or persons, any money, goods, merchandise or effects whatever, with intent to cheat and defraud such person or persons of the same, or shall fraudulently make and transfer any bond, bill, deed of sale, gifts, grants or other conveyances, to defeat creditors of their just demands, such person or persons so offending, shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court.

11. That if any person shall take upon himself to exercise or officiate in any office or place of authority in this state, without being lawfully authorized, or if any person by color of his office, shall wilfully and corruptly oppress any person or persons under pretence of acting in his official capacity, the person so offending, shall, upon conviction thereof, be fined in a sum not exceeding two hundred and fifty dollars, or imprisoned not more than six months, or both, at the discretion of the court.

12. That if any judge, justice of the peace, clerk of any court, sheriff, aging law suits, constable, attorney or counsellor at law, shall encourage, excite and stir up quarrels, &c. any suit, quarrel or controversy between two or more citizens of this state, how punished. whereby any citizen shall be defrauded and injured in said suit, quarrel or controversy, such judge, justice of the peace, clerk of any court, sheriff, constable, attorney or counsellor at law, shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, or be imprisoned any space of time not exceeding six months, or both, at the discretion of the court.

13. That if any sheriff, coroner, recorder, jailer, clerk or constable, by color of his office, shall designedly, wilfully, or corruptly attempt to injure, defraud, or oppress any person or persons; or if any sheriff, coroner, recorder, jailer, clerk or constable, shall designedly, wilfully or corruptly injure, defraud or oppress any person or persons, in the execution of his office, such sheriff, coroner, recorder, jailer, clerk or constable, shall, on conviction thereof, be fined in a sum not exceeding two hundred dollars, or be imprisoned any space of time not exceeding six months, or both, at the discretion of the court.

14. That if any person or persons, shall, knowingly, wilfully and maliciously cut, fell, deface, alter or remove any land-mark, corner or bearing-tree, properly established, the person or persons so offending, shall, on conviction thereof, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding two months, or both, at the discretion of the court.

15. That if any two persons shall agree and wilfully fight or box, at fisticuffs, the persons so offending shall be deemed guilty of an affray, and upon conviction thereof, shall be fined each in a sum not exceeding fifty dollars, or be imprisoned not exceeding two months, or both, at the discretion of the court.

16. That if any person shall, wilfully and maliciously alter, deface, Breaking or break down, or destroy any monument or tombstone erected, or set up, to destroying perpetuate the memory of any deceased person, every person so offending, tomb-stones, how punished. shall, upon conviction thereof, be fined in a sum not exceeding fifty dollars.

17. That if any person shall wilfully and maliciously alter or deface any Altering marks artificial ear-mark or brand upon any horse, cattle, sheep or swine of another or brands, how person, every person so offending, shall, upon conviction thereof, be fined in a punished. sum not exceeding fifty dollars. 18. That if any person or persons shall sell or barter any spiritous or Selling spiriother liquors of intoxicating quality, to any Indian or Indians within this tous liquors to state, or convey or attempt to convey, or be instrumental in conveying any of Indians, how the aforesaid liquor or liquors out of the state, with intent to dispose of the punished. same to any Indian or Indians, unless authorized by the proper authority, every person so offending, shall, upon conviction thereof, be fined in a sum not exceeding one hundred dollars.

19. That if any person or persons, having been called upon by the sheriff Persons refusor other ministerial officer in any county in the state, to assist such sheriff ing to assist or other officer in apprehending any person charged with or convicted of any civil officers, offence against any of the laws of the state, or in securing such offender when how punished. apprehended, or in conveying such offender to the jail of the county, shall neglect or refuse to render such assistance, every person so offending shall, upon conviction thereof, be fined in a sum not exceeding fifty dollars.

20. That if any two or more persons shall agree together falsely and False prosecumaliciously to accuse or prosecute any person, or cause any person or persons tors, how punto be accused or prosecuted of, or for any offence by the law of this state made ished. punishable with death or imprisonment, and shall, in pursuance of such agreement, procure or cause any person or persons to be falsely and maliciously prosecuted for any offence by the laws of this state made punishable with death or imprisonment, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars, and imprisoned not more than six months, or either, or both, at the discretion of the court before whom such offender shall be found guilty.

21. That if any person shall maliciously write any letter or other wri- Forgery in ting, and subscribe thereto the name of any other person, and in any way writing, how cause such letter or other writing to be made public, for the purpose of sub- punished. jecting the person whose name shall be falsely affixed to such letter or other writing, to an accusation of, or prosecution for any offence by the laws of this state punished by death or imprisonment, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars and imprisoned not more than six months.

22. That every married woman who shall have sexual intercourse with Adultery, how other person than her husband, every unmarried man who shall have sexual punished. intercourse with a married woman, and every married man who shall have sexual intercourse with other woman than his wife, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned not exceeding six months, at the discretion of the court: Provided, That the testimony of one of the parties to the crime shall in no case be received as evidence against the other party.

23. That if any married woman shall hereafter desert her husband, and Continued. live and cohabit with another man in a state of adultery, upon conviction thereof, she shall be imprisoned any term of time not exceeding six months; and if any married man shall hereafter desert his wife and live and cohabit with any other woman in a state of adultery; or if any married man living with his wife, shall keep any other woman, and notoriously cohabit with her in a state of adultery; or if any unmarried man shall live and cohabit with a married woman in a state of adultery, every person so offending, upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars, or imprisoned not more than six months, or both, at the discretion of the court.

24. That if any person shall write, print, and publish any false and mali- Publishing licious libel of or concerning any other person, or shall cause or procure any bels, how punsuch libel to be written, printed and published, every person so offending, ished. shall, upon conviction thereof, be fined not exceeding five hundred dollars.

25. That if any unmarried persons shall live and cohabit together in a Fornication, state of fornication, such persons so offending, shall on conviction thereof, be how punished,

Cutting timber on school lands, how punished.

Officers suffering prisoners to escape, how punished.

Rescuing prisoners, how pun

ished.

Marrying contrary to law, how punished.

Attempt to corrupt a juror, how punished.

Corruption in a juror, how punished.

Indictment for

fined in any sum not exceeding one hundred dollars and be imprisoned not more than six months.

26. That if any person shall cut, fell, box, bore or destroy any living tree standing or growing on any of the public school or ministerial lands in this state, not having first obtained license from the proper authority so to do, every person so offending, shall, upon conviction thereof, be fined in a sum not exceeding thirty dollars.

27. That if any ministerial or other officer whatsoever, having any offender in his custody charged with or convicted of any offence by this act made punishable by imprisonment, shall voluntarily suffer such offender to escape and go at large, every ministerial officer so offending, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or be imprisoned not exceeding six months, or both, at the discretion of the court.

28. That if any person or persons shall rescue by force any offender, charged with or convicted of any offence by this act made punishable by imprisonment, from any jail or other place of confinement, or from the custody of any officer or other person charged with the safe-keeping of such offender, every person so offending, his, her or their aiders, abettors and procurers, shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, and imprisoned not more than six months.

29. That if any justice of the peace or any ordained minister of any religious society, shall solemnize marriage contrary the provisions of the laws which are or may be in force regulating marriages, the person so offending, on conviction thereof, shall be fined in any sum not exceeding five hundred dollars.

30. That if any person or persons shall attempt to corrupt or influence any juror legally summoned to attend any court, either by promise, threats, letters, money or other undue means, either directly or indirectly, every person so offending, shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, and imprisoned not more than six months.

31. That if any juror shall corruptly take or receive any money, goods, chattels or other reward, either directly or indirectly, from any plaintiff or defendant, in any action or suit instituted before any court having jurisdiction thereof, such juror so offending, shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, and imprisoned not more than six months.

32. That no person shall be indicted or prosecuted for any offence against the provisions of this act, unless such indictment shall be found or prosecution commenced within one year from the time such offence was committed.

offences to be found in one year. Offences under 33. That all prosecutions under the foregoing sections of this act shall this act punish-be by indictment before the court of common pleas in the county where the able by indict offence shall have been committed, and all persons imprisoned under the proment only. visions of this act, shall be imprisoned in the jail of the proper county. Persons refu- 34. That if any person legally called upon to give testimony before any sing to give court or other authority in this state, authorized to administer oaths and affirtestimony, how mations, shall refuse to take an oath or affirmation, such court or authority punished. may commit the person so refusing to prison until he or she shall consent to take such oath or affirmation; and after the person committed to prison as aforesaid shall have taken the oath or affirmation required, the court or authority aforesaid may moreover punish such person for such refusal by a fine not exceeding twenty dollars.

Fines to be paid into the County treas

ury.

Fines under

this act, how collected.

Commissioners

35. That all fines and forfeitures incurred under this act shall be paid into the county treasury where the conviction shall have been had.

36. That in all cases where a fine shall be inflicted agreeably to the provisions of this act, it shall be the duty of the court before whom the offender is or shall be tried, to issue an execution against the body, goods, chattels, lands and tenements, of such offender for the amount of such fine and the costs of prosecution, which execution may either be levied on the goods and chattels, lands and tenements, or body of the offender: Provided always, That where such execution is levied on goods, chattels, lands and tenements, the officer levying the same shall proceed to sell such property whether real or personal, in the same manner that personal property is directed to be sold by the provisions of an act entitled, an act regulating judgments and executions; and the officer levying such execution shall be liable to the same rules and regulations as in civil cases, except as hereinbefore provided.

37. That when any person shall be confined in jail for the payment of