Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-03-25
AAWa NH NNNes
AN ACT
tn cre.te Court of Criminal Jurisdiction
in Hamilton County.
BY AUTHORITY.

IN AanAlbou Oouubys
Sec 1. Belt enacted by the General .7ssenl-
6v Of The .SEate Of OHIO, That in the county of
Hamilton, there shall be. and is hereby estab
Iished, court Of criminal jurisdiction, exelu-
sively, in addition to the courts Of record al
ready provided for by the constitution.
Sec. , That SAID court shall be kno~n BY
the name of "the Criminal Court of Hamilton
county, and shall hold such terms. and try
such cases Of criminal nature, as are herein
after provided.
Sec 3. 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 qualified
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
elected in said county, except the first election,
which shall be held on the first Monday in
April. 1852; and the judge so elected on the
first Monday OF April, one thousand eight hum
dred and ffty-two, shall hold his Office until
the second Monday in February, 1857. Said
judge shall receive the same salary, take the
same oath OF Office, and be removed for the
same causes as the judges of the court of com
mon pleas.
Sec. 4. The election for said Judge, and the
returns thereof shall be the same in all res
poets, as in the election Of the Judges of the
court of common pleas.
Secs. That said criminal court shall have
full and complete jurisdiction Of all crimes,
offences and misdemeanors committed in said
county Of Hamilton, to the same extent, and
IN the same manner that the several courts Of
common pleas 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 jurisdiction in said county Of
Hamilton. concurrent with said criminal court,
0r "a fha ifrrf aefi uuha
Of is by tins act conferred upon said criminal
court, at any time hereafter, except to COM
piete and carry into final execution, causes
and matters already pending in said common
pleas court.
Sec. 6 That said criminal court shall have
q 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 court of common pleas, except there
shall be engraved around the margin thereof, in
addition to the name of the proper county. the
words "Criminal Court," (" instead of the words
"Common 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
Judicial 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
receive such compensation for his said servi-
ces, as may hereafter be provided BY 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 un
der the direction of the judge thereof; and
said sheriff shall receive for his service of pro-
cess of said court, such fees as may be provided
by law, and shall be subject TO fine and amerce-
ment for neglect or refusal to discharge the du-
ties required of him.
Sec. 8. That said criminal court shall have
power TO compel the attendance of jurors, par
ties and witnesses in said cnurt; TO assign
counsel for defendants in criminal cases, when
they are unable to employ counsel and deter
mine the amount of compensation said coun-
sci shall receive; to appoint ministerial officers
and agents of said court, and determine the
amount of compensation; for their services to
administer oaths, punish for contempts. declare |
forfeitures, entertain motions, pronounce SEN |
tences, render judgments, order into custody, |
admit to bail, or discharge any person charged |
with, or held to answer for any offence cogni- /
Fable in said criminal court, or for contempt Of
court; to prescribe rules Of practice, to issue
writs, and in every respect to administer JUS
tice IN all things within the jurisdiction Of said 1
criminal court, by whatever means, precepts,
process or proceeding, If shall be lawful for any
court of record in this State, to do in the ex-
ercise Of like jurisdiction, in like cases; and
the mode Of procedure, process and pleadings,
in said criminal court, shall he substantially
the same as in other courts Of record in this
State, having like jurisdiction.
Sec. 9. That term of said criminal court
shall be held, commencing on the first Monday |
in May, A. d. 1852, and terms of said court |
all ha ha1I ha
Of each and every month thereafter.
Sec. 10. That there shall be drawn and
summoned to attend the court Of common
pleas, at any term thereof, to be bed in said
county of Hamilton. after the passage of this
act, so many jurors only as shall be required to
serve as petit jurors, at such terms; but the |
grand jury within and for said county. with all !
its powers, duties and qualifications, is, by this
act transferred to the said criminal court Of
Hamilton county. 4
Sec. II. That at least fifteen days prior to
the commencement Of each and every term of
said criminal court, the clerk Of said court
shall proceed to draw from the jury box, in the 4
manner prescribed by law, the names Of twen-
ty-seven jurors, the first fifteen of whom shall
be summoned TO serve as grand jurJrs, and the
remaining twelve of whom shall be summoned
to serve as petit Jurors in said criminal court,
forthwith issue a.venire TO the sheriff accord
ingly; Provided, always, that il, in the opinion
of the judge of said criminal court, the business
of said court will not require the attendance
of grand jury at any term. he shall give no
tiee in writing, to the clerk, who shall file and
deposit the same in his Office, and which shall
excuse the clerk and sheriff from drawing
grand jury for the next succeeding term. II
Sec. IL. That all general laws Of this State,
which are or shall be in force, providing for or
regulating the number. qualifications, selection,
drawing and empannelling of grand and petit
jurors, to serve in the several courts of CON- .
mon pleas Of this State, not inconsistent with
the provisions of this act, shall be construed
and understood to have reference and applica-
tion to the criminal court Of said Hamilton ;
county.
Sec. l3. That il shall be the duty Of the
Prosecuting Attorney of said county of Ham
iton, to prosecute for and in behalf of the
State of Ohio, all suits. complaints and con- ,
troversies pending in said criminal court; and
the annual compensation to be allowed to said Q
Prosecuting Attorney, shall hereafter be deter Y
mined by the judge of said criminal court. at 7
the first term thereof in each year. And the
said criminal court shall have the sole power to '
appoint assistant prosecutors. and TO I'll all i.
vacancies in the Office of Prosecuting Attor- /
ney In said county, and to determine the
amount OF compensation each shall receive for '
his services in said court, in the same manner
that the courts of common pleas may do in =
other counties in this State.