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he shall have been pardoned before the expiration of the time for which he was sentenced.

CHAPTER XXXVIII.

Offences punishable by Imprisonment in a County Jail, and

by Fine.

1. Embezzlement is fraudulently putting to one's own use what is intrusted to him by another, and is punishable as the stealing of property of the same value. Knowingly to buy or receive property embezzled, is punishable to the same extent.

2. Obtaining from another person, by false pretences, any money or goods, is a misdemeanor, and is punishable by fine or imprisonment in a county jail.

3. Assault and battery is unlawfully to assault or threaten, or to strike or wound another. Imprisonment not exceeding ten days, or fine not exceeding $150, or both fine and imprisonment. The offender is also liable to the party injured for damages.

4. A person taking upon himself to act as a public officer, and taking or keeping a person in custody unlawfully or without authority, is false imprisonment; for which the of fender may be fined not exceeding $250, or imprisoned not exceeding ten days, or both fined and imprisoned.

5. A riot is the assembling together of three or more persons, with intent forcibly to injure the person or property of another, or to break the peace; or agreeing with each other to do such unlawful act, and making any movement or preparation therefor, though lawfully assembled. Fined not exceeding $200, and imprisoned in a cell or dun. geon in county jail, and kept on bread and water, not exceeding ten days. When riotous persons are thus assem. bled, and are proceeding to commit offences, any judge,

1. What is embezzlement? What is its penalty? 2. How is obtaining goods by false pretences punishable ? 3. What is assault and battery? How punished? 4. What is false imprisonment? Penalty? 5. What is a riot? How punished? How may it be suppressed ?

justice, sheriff, or other ministerial officer, may make proclamation in the name of the state of Ohio, and command them to disperse. If they refuse, the peace-officers are required to call upon all persons near to aid in taking the rioters into custody. Persons refusing to assist, may be fined not exceeding $25.

6. If two persons agree, and wilfully fight or box at fisticuffs, they are to be deemed guilty of an affray, and may be fined not exceeding $50, or closely confined ten daya, or both.

7. Opening a grave, and removing therefrom a dead body, or being concerned in so doing, is a misdemeanor, and subjects the offender to a fine not exceeding $1000, or impris. onment 30 days, or both.

8. Knowingly to send or deliver to another a letter, threatening him with injury, in order to extort from him money or other property, is a misdemeanor. Fine, not less than $50, nor exceeding $500, or imprisonment ten days,

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or both.

9. Bribery is promising or giving a reward to a public officer, to influence his opinion, vote, or judgment, and is punishable by fine and imprisonment. A person accepting such bribe, is punishable in like manner.

Persons guilty of bribery may also be prevented for a time from holding office.

10. A sheriff or other officer voluntarily suffering a prisoner charged with or convicted of an offence, to escape from his custody, is guilty of a misdemeanor. Fine, not exceeding $500, and imprisonment ten days, or both. To rescue a prisoner thus charged or convicted, is punishable in a similar manner. It is also a misdemeanor to assist a criminal, with a view to effect his escape, though he does not escape from jail.

11. A person who shall attempt to corrupt or influence a juror or witness, by promises, threats, money, or other

6. What is here called an affray? How punished ? 7. What is the penalty for opening a grave? 8. What for extorting money or property by threat? 9. What is bribery? Penalty? 10. Penalty for an officer voluntarily permitting a prisoner to escape ? To rescue a prisoner, &c.! 11. Penalty for attempting to corrupt a juror? 12. Penalty for refusing

means; or a juror or witness who shall corruptly take any reward, shall be punishable by fine or imprisonment, or both.

12. A person for refusing to take an oath or affirmation in a court of justice, may be imprisoned until he shall consent to take the same; and after he shall consent, he may also be fined not exceeding $20.

13. A person who shall write, print, or publish any false or malicious libel concerning another, may be fined not ex. ceeding $500; and he shall moreover be liable for damages to the party injured.

14. Altering or defacing ear-marks or brands upon horses, cattle, &c., the property of another, is a misdemeanor, for which the offender may be fined not exceeding $50; and he shall be farther liable for treble damages to the party injured.

15. Maliciously killing the horses or beasts of another person, when such beasts are not trespassing, is an offence for which the person offending may be fined not less than $5, nor exceeding $100, and imprisoned twenty days: and he shall also be liable to the owner for double the value of the property

16. Besides the offences enumerated in the preceding sections of this chapter, there are numerous others, punishable by fine or imprisonment, the precise measure of which it is not necessary to state : Defacing or destroying monuments or tombstones; refusing to aid an officer in arresting or securing persons charged with crime; maliciously burning stacks of hay or grain, or other property ; maliciously destroying or injuring fruit or other trees; destroying, altering, or defacing mile-stones or guide-boards; selling unwholesome flesh of diseased animals, or other unwholesome provisions; and sundry other offences.

17. Crimes and misdemeanors must be prosecuted by indictment by a grand jury. And those mentioned in this chapter must be prosecuted in the court of common pleas;

to swear or affirm? 13. Penalty for libel? 14. Penalty for altering or defacing ear-marks, &c.? 15. Penalty for killing others' beasts ? 16. What offences are mentioned in this section? 17. How must crimes

and the fines imposed and collected for many or all of them, are paid into the county treasury.

18. Arrest and examination of offenders. A judge or jus. tice of the peace may issue process for apprehendinga person charged with an offence. When complaint is made to a magistrate, he examines the complainant on oath, and any witnesses that are produced; and if it appears that an offence has been committed, he issues a warrant, commanding the officer to whom it is directed, to bring the accused before the magistrate.

19. The magistrate first examines the complainant and witnesses in support of the prosecution; and next the prisoner, who is 'not on oath, and then his witnesses.

If an offence has been committed, the magistrate binds, by recognizance, the prosecutor and all material witnesses, to appear and testify against the prisoner, at the next court at which the prisoner may be indicted and tried. If the offence is one for which he may be let to bail, the magistrate may tako bail for his appearance at the next court. But if no bail is offered, or if the offence is not bailable, the prisoner is com. mitted to jail until the next court having power to try him. But he must be indicted by a grand jury before he can be tried.

20. The way in which bail is taken is this: The accused gives a bond in such sum as the justice or judge shall require, with one or more sureties, who are bound for the appearance of the accused at the next court, or case h shall not appear, then to pay the sum mentioned in the bond. This bond or obligation is in law called a recogni.

The same name is also applied to the bond given by the prosecutor and witnesses for their appearance at court.

zance.

be prosecuted? How are the fines applied ? 18. How is an arrest for crime made? 19. Describe the examination. In what cases is bail taken? 20. How is it done? What is a recognizance ?

CHAPTER XXXIX.

Offences, punishable by Fine only. 1. Betting and gaming are unlawful acts. The loser of any wager or bet is not bound to pay it; or, if he has paid it, he may within six months sue for and recover the same. If he shall not prosecute within six months, any other

person may do so, and retain the money for his own use.

2. Any person who shall make any bet or wager upon the election of any person to office, or who shall use any threat or coercion to procure any person in his employ to vote contrary to such person's inclination, may be fined, not less than $5, nor exceeding $500. In all cases wherein the sum bet is between five and five hundred dollars, the fine shall be equal to the sum haz ded by the bet; the fine to be prosecuted by indictment, and paid into the county treasury.

3. A person may not play at games except those of athletic exercise, at or about any eating-house, tavern, or race-field, nor bet on the hands or sides of those who play; nor may a person play anywhere for money or other property, nor bet on others' playing. Fine not exceeding $100.

4. A person, for keeping or exhibiting for gain, any gaming table or other gaming device, or allowing the same to be kept in or about his premises, may be fined from $50 to $200, and be made to give security in the sum of $500 for his good behavior for one year: and if the offender is a tavern-keeper, he forfeits his license. Fines to be paid to the county treasurer for county purposes.

5. Sabbath-breaking consists in shooting, hunting, sporting, and pastimes on Sunday, and travelling and servile labor, except such as necessity and charity require. Penalty, from $1 to $5 for each offence, if committed by a person of the age of fourteen years. The law does not forbid per.

1. What is the penalty for betting and gaming? By whom sued for? 2. What penalty for betting on elections; and influencing a voter? 3. What games and bets on them are here forbidden ? By what fine ? 4 What penalty for keeping or exhibiting gaming tables, &c. ? 5. What

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