The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1851-04-28

W bHc O6HHte. .DuL snail vote only
wneh ihe Senate ia equally divided; and ia
ease Of his absence, or impeachment, or when
ne snail exercise the Office Of Governor, the
senate shall choose President pro tempore.
pr. IL. II the Lieutenant Governor, while
executing the Office Of Governor, shall be inn
peeched, displaced, resign or die. or oil erwise
become incapable Of performing the duties Of
the office, the President, Of the Senate shall
act as Governor, until the vacancy Is filled,
or iae disability removed; and II the President
Of the Senate, for any Of the above causes
shall be rendered incapable OF performing the
duties pertaining 10 the Office Of Governor the
same shall devolye upon the Speaker of the
Honse of Representatives.
Sec. Is. Should the office Of Auditor,
Treasurer, Secretary, or Attorney General,
become vacant, for any OF the causes speci-
fed in the fifteenth section of this article
:he Governor shall fill the vacancy until the
tdIsdHlay isiremoved, Or successof elected
end qualified. Every such vacancy shall be
filed byelection.at the first general election
that occurs more than 30 days after il sha IL
have happened; and the person chosen shall
hold tho Office for the full term fixed in the
second section of this article.
Sec. l9. The officers mentioned in this
article shall, at stated Zines, receive for
their services, a compensation to be estab-
lished BY law, which shall neither be in
creased nor diminished during the period
for which they shall have beea elected.
SEQ. co. The officers Of the executive
department, and of the public State lnstitu-
tions, shall, at least five days preceding eat b
regular session of the General Assembly
severally report to the Governor, wko shall
transmit such ports, with his message, to
the General Assembly. IT,
g ARTICLE Nv.
JUDICIAL.
SEC. l. The judicial power Of the State
shall be vested in supreme court, in dis
lrict courts. courts, of common pleas, courts
of probate justices of the peace, and in
such other courts, inferior to the supreme
court, in one or more counties, as the Gen
eral Assembly may, from time to time es-
tablish.
Sec. 2. The supreme court shall consist
Of five judges, majority Of whom shall be
necessary 10 form quorum, or to pronounce
decision. 1t shall have original jurisdic-
lion in quo w1rranto, mandamus, habeas
corpus, and procedendo, and such appellate
jurisdiction as may be provided by law. 1t
shall mold at least one term in each year, al
the seat of government, and such other
terms, at the seat of government, or else
where, as may be provided by law. The
Judges of the supreme court shall be elec-
etd, by the electors Of the State at large.
Sec. 3. The State shall be divided into
nine common pleas districts, Of which the
county Of Hamilton shall constitute one, o.
compact territory. and bounded by county
lines; and each Of said districts, consisting
of three or more counties, shall he sub-di
vided into three parts, of compact territory
bounded by county lines, and as nearly equa
in population as practicable; in each o
which, one Judge Of the court Of common
pleas for said district, and residing therein
shall be elected by the electors OF said sub
division. Courts of common pleas shall be
held, by one or more of these Judges, in
every county in the district, as often as may
be provided by law; and more than one
court, or sitting thereof, may be held at the
same time in each district.
Sec A. The jurisdiction of the courts OIL
common pleas, and of the Judges thereof
shall be fixed by law.
Sec 5. District courts shall be composed
of the Judges of the court Of common pleas
of the respective districts, and one Of the
Judges of the supreme court, any three ol
whom shall be quorum, and shall be held
in each county therein, at least once in each
year; but if il shall be fonnd inexpedientto }
hold such court annually, in each county, Of
any district, the General Assembly may, fol
such district, provide that said court shall
hold at least three annual sessions therein
in not less than three places: Provided. that
the General Assembly may, by law, author
ize the Judges Of each district to fix the. times
of holding the courts therein.
SEC 8 The district court shall have like
original jurisdiction with til, ST. preme court
and such appellate jurisdiction is may be
provided by law. s.t,,
Sec. T. There shall be esta blished in eact
county, Probate court, which shall bel
court Of record, open at al times, and hold
en- by one Judge, elected by the voters Of
the county, who shall hold his office for the
term of three years, and shall receive such
compensation, payable out Of the county
treasury, or by fees, or both, as shall be pro
vided By law. a .5.. itss
Sec. s. The Probate court shall have ju
risdiction in probate and testamentary mat.
ters, The appointment Of administrators and
guardians, the settlement of the accounts o
executors, administra tors and guardians. and
such jurisdiction in habeas corpus, the issu.
ing of marriage licences, and for the sale o
land by executors, administrators and guar
dams, and such other jurisdiction. in AM
county, or counties, as may be provided b.
law. s5. ..a., -.i,
SEC. 9. A compe tent number Of justices
of the peace shall be elected, by the elec
tors, in each township in the severa. coun
ties. 4 Their term Of Office shall be thre,
wears, and their powers and duties shall b
regulated by law. . slo5 !. al
SEC. 10. All Judges, other than those
provided for in this constitution, shall b
elected by the electors OF the Judicial dis
trict for which they may be created, but no
for longer term Of office than five years.
SEC. II. The Judges Of the supreln
court shall, Immediately after the first elec
tion under this constitution, be classified b.
lot, SO that one shall hold for the term of on
year, one for two years, one for three years
one for four years, and one for five years
ard al all subsequent elections, the term q
each Of said Judges shall be for Eve years
SIC, ~. The Judges Of the courts Q
common pleas shall, while in Office. reside7i
the district for which they are elected an