The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-04-02

Ee.as \ AN ACT,

10 cEQAtt Nolft Ol Jfimluol JURISDICTION IN
Hamilton County.
Sec. ] :. Be i enacted By The General Assembly
If ths Siaie Of Ohio, Thatin thecountyot Ham
lton, there shall be, and is hereby established,
! court Of criminal ljufisdiotion, exclusively, in
addition to the courts Of record already provi-
ded for BY the constitution.
Sec. q That said court shall be known
by the name Of "the Criminal Court Of Hamil
ton County, and shall hold such terms, and try
such cases Of criminal nature, as are herein
after provided.
Sec. 8. That the said court shall be held by
one Judge, whose term Of Office shall be five
years, and who shall be elected BY the quali-
he'd electors Of the said county Of Hamilton, at
the same time and in the same manner that the
Judges Of the court of common pleas are elect
ed IN said county, except the first election,
which shall be held on the first Monday in A.
pril. 1852: and the Judge so elected on the first
Monday in April, one thousand eight hundred
and fiffvztwo, shall hold his Office until the
second Monday 10 Februai v, 1857. Said Judge
shall receive the same salary take the same oath
Of Office, and be removed for the same causes
az the Judges Of the court Of common pleas.
Sec. Al The election for said Judge, and the
returns thereof shall be the samein all respects,
as in the election Of the judges Of the court Of
common pleas.
Sec. S. That said criminal court shall have
full and complete jurisdiction Of all crimes, Of.
fences anl mi. demeanors committed in said
county Of Hamilton, to the same extent, and in
the same manner that the several courts Of COM
mon please in other counties of this State, shall
or may have Jurisdiction or cognizance of, in
like cases; and the court Of common pleas shall
have no jprisdiltion ii. said county Of Hamil-
ton, concurrent with said criminal court OF any
matter or cause, the Jurisdiction whereof is by
this act conferred upon said criminal court. at
any time hereafter, except to complete and car
nv into final execution, causes and matters al
ready pending in said common pleas court.
Sec. 6. That said criminal court shall have
a seal, provided at the expense Of said Hamil-
ton county, by which all precepts and ministe
rial and judicial acts shall be authenticated; /;
said seal shall have the same device as the seals
Of the courtof commen pleas, except there shall
be engraved around the margin thereof, in ad.
dition to the name Of the proper county, the
words Criminal Court" instead Of the words
scornmon pleas" and said court shall keep a
journal and record of its judicial proceedings,
agreeable to the laws of this State, now, or
hereafter enacted, regulating the practice Of ju-
dieial courts; and the clerk of the court Of
common pleas in said county of Hamilton, shall
be the clerk of said criminal court, and shall re-
eeive such compensation for his said services,
as may hereafter be proviSedby law.
Sec. z. That the sheriff Of said Hamilton
county, shall serve and execute all process to
him directed by the Judge of said criminal court;
and it is hereby made the duty of said sheriff,
or his deputy, to attend said court under the
direction OF the Judge thereof; and said sheriff
shall receive for his service of process of said
court, such fees as may be provided by law, and
shall be subject to fine and amercement for neg
lect or refusal to discharge the duties required
Of him.
Sec. s. That said criminal court shall have
power to compel the attendance Of jurors, par
ties and witnesses in said court; to assign coun-
sel for defendants in criminal cases, when they
are unable to employ counsel, and determine
he amount of compensation said counsel shall
receive; to appoint ministerial officers and a.
sents Of said court, and determine the amount
II compensation for their services; to admins
er oaths; punish for contempts; declare forfeit
ires; entertain motions; pronounce sentences;
-ender judgments; order into custody; admit 10
bail; or discharge any person charged with, or
ield to answer for any offence cognizable in
aid criminal court, or for contempt Of court; to
prescribe rules of practice, to issue writs, and
hings within the juvisdictiou Of. seid criminal
.ourt, by whatever means, precepts, process or
it shall be lawful for any court Of
ecord in this State, to do in the exercise of like
in like cases; and the mode ofpro- |
edure, process and pleadings, in said Grimm
/ court, shall be substantially the same rs in
ther courts Of record IN this State, having like
irisdiction.
Sec. 8. That term of said criminal court |
hall be held, commencing on the first Monday
, May, A. D. 1852, and terms Of said court
hall be held, commencing on the first Monday
each and every month thereafter. Z
Sec. 10. Thatthere shall be drawn and sum
loned to attend the court of common pleas, at
ny term thereof, to be held in said county Of
iamilton, after the passage of this act, so many
rors only as shall be required to serve as pet {
Jurors, at such terms; but the grand jury !
thin and for said county, with all its powers, {
titles and qualifications, is, by this act, trans.
rred to the said criminal court Of Hamilton i
unity. I
Sec. IL. That at least fifteen days prior to 4
e commencement Of each and every term of a
id criminal court, the clerk of said court shall
oceed to draw from the jury box, in the man. 4
r prescribed by law, the names of twenty-sev. n
Jurors, the first fifteen Of whom shall be sum- d
med to.serve as grand jurors, and the remain O
2 twelve of whom shall be summoned to serve P
petit Jurors in said criminal court, at the
xtterm thereof; and said clerk shall forth ii
tn issue venire to tho sheriff accordingly; G
divided, always, that IL, in the opinion Of the
ige Of said criminal court, the business Of said
art will notrequire the attendance Of grand o
v at any term, he shall give notice in writing, g
thelclerk, who shall file and deposit the same i,
his Office, and which shall excuse the clerk |,
d sherff from drawing a grand Jury for the &
1t succeeding term. 8
Sec.AIl. That all general laws of this State, i
rich are or shall bein force, providing for or u
ulating the number, qualifications, selec- o
d, drawing and empannelling OF grand and
tit jurors, TO serve in the several courts of Il
mmon pleas Of this State mot tinconsistohtwith "
> provisions ofthis act, shall be construed and D
derstood to have reference and application a
the criminal court Of said Hamilton county. a
Bee. 10. That il ,shall be the duty Of The 4
Attorney Of said county of Hamil n
j, TO prosecute for aud in behalf Of the State q
Ohio, al suits, complaints and controversies
ndingin said criminal court; and the annual /,
npensation to be allowed TO said Prosecuting q
torney shall hereafter be determined by the Il
lge OF said criminal court, at the first term },
sreof in. each year. And the said criminal v
irt shall have the sole power to appoint as d
tant prosecutors. and to I'LL all vacancies in n
office Of Prosecuting Attorney in said coun- o
and to determine the amount Of compensa- q
n each shall receive for his services in said n
mt, in the same manner that the courts of O
nmon pleas may do in other counties in this c
tie. 4
sec. Il. Thatshould the Judge Of said Grim.