The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-03-10

The fifth and seventh districts, composed
of the counties Of Clermont, Brown,
Adams, Highland, Ross, Fayette, Picka.
way. Franklin, Madison, Fairfield, Perry,
Hooking, jackson, Vinton, Pike, Scioto,
Lawrence, Gallia, Meigs, Athens and
4 Washington. shall constitute the third cir
cult The eighth and ninth districts, com.
posed fihe counties of Muskingum, Nor
gan. Guernsey. Belmont, Monroe, Jeffsr-
son. Harrison, Tuscarawas, Stark, Carroll
Columbiana, Trumbull, Portage, Maho.
ming. Geauga, Lake and Ashtabua, TO
which is hereby added the county Of No.
ble, shall constitute the fourth circuit
And the county OF Hamilton shall consti'
tute the fifth circuit
SEC. l2. At the sessions Of the district
court, Judge OF the supreme court shall
preside; but in case no Judge of the su.
preme court shall be present, the judge oil
the court of common pleas in whose subdi-
vision such court may be, shall preside;
Provided, that the judges Of the district
court in any district, may, at their first
session. in their said district, prescribe by
a rule OF court entered upon the record,
which one OF said judges shall, in the alb
sence or disability Of the judgs of the su.
preme court, preside in any county or
counties of said district.
SEC. l3. The district court, in addition
to the original jurisdiction conferred upon
it by article a, section 6, of the constitution,
shall have power, on good cause shown,
to issue writs Of error, certiorari, superse-
deas, ne exeat, and all other writs not
specially provided for by statute. whenev-
er such writs may be necessary for the ex.
ercse of its jurisdiction, in the due admin
istration of right and justice throug ghout the
State; and the said district court shall
have appellate jurisdiction, under such
regulations as may be prescribed by law,
from the court Of common pleas, in all
civil cases, in which the court of common
pleas has original jurisdiction. .u
Sec H. The Secretary of State shall
procure, at the expense Of the State, for
each Of the several counties, seal for the
district court, to be surrounded by these
words, THE District Court Of the State Of
Ohio;" and also one seal for the supreme
court, surrounded with these words, "The
Supreme Court OF the State of Ohio"
And the seals OF the court of common
pleas, under the former constitution. shall
be the seals OF the courts of common pleas,
under the present constitution, in the prop.
er counties respectively.
Sec. Is The court Of common pleas
shall have original jurisdiction in all civil
cases, in law and equity, where the sum or
matter in dispute exceed the jurisdiction
of justices OF the peace, and appellate Ju.
rsdiction from the decisions of county
commissioners. justices Of the peace, and
other inferior courts, in the proper county,
in all civil cases, subject TO the regulations
provided by law. 1t shall have original
Jurisdiction OF all crimes and offences, ex-
cept in cases Of minor offences, the exclu.
sve jurisdiction Of which is possessed by
justices of the peace, or that may be vest
ed in courts inferior to the common pleas,
and shall have the same power to issue re-
medal and other process, writs OF error,
quo warranto and mandamus excepted, as
the district court has; and any of the judges
of the courts Of common pleas within their
respective districts, shall, on good cause
shown, have power to allow wri,s of certio
rari, directed to justices Of the peace, pro-
bate courts, or county commissioners, to
cause their proceedings to be brought be.
fore the court Of common pleas ol the coun-
ty in which such proceedings may have
boen commenced, in order that right and
justice may be done.
Sec. l6 Whenever Judge Of the court
of common pleas shall be interested in the
event of any cause or matter pending be-
fore said court, in any county Of his dis.
trict, it shall be the duty Of the other judges
OF the district, or one Of them 10 attend
and hold tine court wherein such cause or
matter Is pending, for the trial OF the same;
and if all three OF the common pleas Judges
shall Je interested in the event of any
cause or matter pending in their district,
the same shall be removed for trial into
the nearest county in an adjacent district,
under the order of the court wherein the
same was instituted.
SEC. II. II IN any cause or matter pend
ing in the district court, any Two or more of
the judges holding said court, are interest.
ed in the event thereof, such cause or mat
ter shall be removed. under the order Of
the court, to the district court in the near
est county OF an adjacent district, for trial,
md shall be proceeded in TO trial ard
ldgment, in all respects as if the same
had originated in the county to which the
same shall have been removed; and when
ever any cause shall have been removed
from the county in which the same origi-
mated. either under this or the preceding
section, a duly certified copy of the final
Judgment rendered therein, may be taken
by the party recovering the same, and pre-.
sented to The clerk OF the court of the
county from which the cause was removed;
and said clerk shall forthwith record the