Ohio § 1901.21

§ 1901.21.

(A) In a criminal case or proceeding, the practice, procedure, and mode of bringing and

conducting prosecutions for offenses shall be as provided in the Criminal Rules, and

the power of the court in relation to the prosecution is the same as the power that

is conferred upon county courts. In any civil case or proceeding for which no special provision is made in this chapter,

the practice and procedure in the case or proceeding shall be the same as in courts

of common pleas.  If no practice or procedure for the case or proceeding is provided for in the courts

of common pleas, then the practice or procedure of county courts shall apply. (B) In the Cleveland municipal court, all bonds for the appearance of a defendant charged

with an offense, when the offense is bailable, shall be entered into before the clerk

of the municipal court and approved by him;  and the surety in them shall be qualified

by the clerk. One surety in every such bond shall be a resident within the jurisdiction of the court;

 the sureties shall own property worth double the sum to be secured and shall have

real estate within Cuyahoga county liable to execution of a value equal to the sum

to be secured;  and when two or more sureties are offered to the same bond, they shall

have in the aggregate the qualification prescribed.  The bond shall require the defendant to appear before the court to answer the charge

against him, or before the court of common pleas when the defendant is held to the

grand jury. The bond shall clearly disclose the full name of each surety, together with the residence

address, and there shall be indorsed on it a brief, but pertinent, description of

the real estate owned by each surety. When the bond is entered into, approved, and accepted, it becomes a subsisting lien

on the real estate of the surety in it, upon which he has qualified, until the bond

has been exonerated or discharged. A copy of every such bond, certified under the seal of the court by the clerk as a

true copy, shall be filed by him with the county recorder of Cuyahoga county forthwith

unless in the meantime the defendant has been acquitted or discharged by the court.  The recorder shall provide a suitable record book, properly indexed, in which he

shall record all bonds certified to him.  The recorder shall be entitled to receive from the clerk, such fees and record charges

as are now authorized by law for recording deeds and mortgages;  and such fees and

charges shall be taxed by the clerk in the costs of the respective cases, and shall

be paid to the recorder by the clerk from funds in his hands upon certified vouchers

or bills rendered by the recorder. The clerk shall transmit to the recorder each day a certified list, under the seal

of the court, of all bonds which have been exonerated or discharged, and the recorder

shall note on the margin of the record of each bond the discharge or satisfaction

of it, and the lien on the real estate of the surety in such bond shall thereby be

canceled and discharged. The clerk shall not approve or accept as surety, on any such bond, any person who

is then liable on any bond previously executed in the municipal court, unless it appears

to the satisfaction of the clerk that the person offering himself as surety has sufficient

equity in his real estate over and above his liability on the prior bonds, to justify

the subsequent bond, or unless the prior bonds have been exonerated and discharged. The clerk may tax in the costs of the case, such fees for making the copies and certificates

required in this section as the court by rule provides. In all misdemeanor cases, the clerk, in lieu of the sureties required by this section,

may accept a deposit of money, in United States legal tender, in an amount equal to

the penal sum stipulated in the bond, and in any felony case a judge of the municipal

court may direct the clerk to accept such a deposit in an amount fixed by the judge,

which amount shall be the sum stipulated in the bond, and such deposit shall be retained

by the clerk as security on it until the bond has been exonerated and discharged.  If any such bond is forfeited, the clerk shall apply the money so deposited in satisfaction

of any judgment that may be rendered on the bond, and the depositor of such fund shall

surrender and forfeit all right in and to the deposit to the extent of such judgment.