Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-17

and all special mandates, and writs of
procedendo, and other writs necessary
to carry into effect any judgment which
shall have been thereto removed from
said superior or commercial cour: by
appeal, writ of error or otherwise, shall.
after said adjournment, be directed to,
and obeyed by said court of common
pleas, in like manner as if said cause
had been removed therefrom; but this
section shall not be construed so as to
deprive the district court of its power TO
issue process in such causes not directs
ed to an inferior court.
Sec. 6. That the district court and
court of common pleas aforesaid, shall
have the same powers with respect to the
causes pending or disposed of in said
superior and commercial courts, at or
before said adjournment. and with re~
spect to all the judgments, DEGREES, or
ders and other proceedings, and the pro-
cess of said courts. respectively would
have had had they been continued in
existence, and said causes, judgments.
DEGREES, orders and other proceedings,
shall hold and occupy the same posi-
ton, and have the same effect in law as
if originally brought, entered, or had in
said court OF common pleas.
Sec. 7. That all cases transferred
from said superior and commercial
courts TO the court Of common pleas, IN
which notice of appeal shall have been
entered, but in which the appeal shall
not have been perfected, such appeal
may be perfected in the said court Of
common pleas; and when eny order or
decree of either the superior or conn
mercial courts requires report or ac-
counts to be rendered to either the said
superior or commercial courts after said
day, the same shall be made to the
court of common pleas, as if the same
decree or order had been made in said
court of common pleas.
Sec. 8. That all cases which may
have been heretofore brought into the
district court, in the county of Hamilton,
from said superior or commercial
courts, By appeal, writ Of error, or cer-
tiorari, and which may have been dis
posed of by said district court, at the
expiration of said superior and COM
mercial courts, but which may yet re-
main to be remanded to the court be-
low for new trial, execution or other
proceeding, may be so remanded TO the
said court of common pleas. which shall
proceed as if the same had originated
therein.
Sec. g. That for all services per.
formed under this act by the clerks Of
the said court Of common pleas, and su.
perior and commercial courts, for the
compensation OF which there is no pro-
vision by law, the court of common
pleas may allow compensation. TO be
paid out Of the county treasury, not ex-
ceeding such amount rs would be taxa
BILE for like services as prescribed by the
act regulating the fees Of clerks Of
courts of common pleas, passed May
first, one thousand eight hundred and
fifty-two.
Sec. 10. That on the final adjourn.
ment of the superior court of Cleveland.
in the county of Cuyahoga, on the sec.
ond Monday of February, one thousand
eight hundred and fifty>three, the clerk
Of said court shall deliver TO the court
Of common pleas in said county of
Cuyahoga, composing the third subdi
vision in the fourth Judicial circuit, and
said last mentioned clerk shall receive
all the original files and other papers in
the causes then pending, or before that
time disposed of, in said superior court
of Cleveland; and also the records,
journals, dockets, executions, orders OF
sale, and other books, papers, and prop
erty of said superior court; and in all
further proceedings in relation to the
causes or other matters so transferred,
the said court of common pleas, or the
proper district court. as the case may
be, in said subdivision, shall be gov
erned by the provisions of this act in
like manner as is required of the court
of common pleas of Hamilton county,
or district court, in reference TO the
causes or other matters transferred from
the superior and commercial courts OF
Cincinnati, so far as such provisions are
applicable, and as if the same had been
framed so as to apply in specific lam
guage to said court of common pleas Of
CuYahoga county, or district court in
said subdivision.
Sec. IL. That the clerk of the court
of common pleas of Hamilton county,
be and he is hereby required TO make
out with all convenient dispatch, and
preserve in his office, full and COM
plete index Of judgments and DEGREES
rendered in the said commercial and
superior courts Of Cincinnati, and also
of those rendered in the court Of cons
mon pleas of Hamilton county, since
the organization Of the said courts re-
spectively, both direct and reversed.
uniform with the index of judgments
and DEGREES rendered in the supreme
court of Hamilton county, heretofore
made.
Sec. l9. That for his services in ma
king out the said indexes. the said clerk
shall be allowed Eve cents for each case
indexed, and if indexed under more than
one name, then five cents additional for
each additional name under which il
shall be indexed, TO be paid out of the
county treasury on the order Of the
county commissioners.