Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-26
NoOol
mi ACT


Court Of Cleveland to the Court Of Common
Pleas OF Guy hogs county.
SIC l. Be IL enacted BY tie General As.
ssr,Jly Of the State of OhiO That upon the
final adjournment Of the Superior Court Of Gin
binnati, AN Oommercia Court Of Cincinnati on
the Second Monday of February. one thousand
eight hundred and fifty three, the Clerks Of
said Courts shall respectively deliver to the
Clerk of the Court Of Common Pleas Of Ham
ilton county and TIE latter shall receive, oil the
original files and other papers IN the causes
then penling, Or before that time disposed Of
in said Superior and Commercial Courts also
the records, journals. dockets, executions, or.
ders Of sale and other books, papers and prop
srty of said Superior aud Commercial Courts
Sec 2 That all causes pendiog in said Su-
perior and Commercial Courts on said dag of
adjournment. shall be arranged on the dock
cts Of said Court of Common Pleas. in such
order ss said Court shall direct, and said caus
es shall proceed TO final disposition in said
Court as il originally brought therein; and all
bills OF review, wits Of scire faeas and error
scram nnbis, motions to amend, alter, or set
aside judgments. DEGREES for new trials orders
or other proceedings, and other motions and
htlti oIhl w ItAuVtcN pi'Htl
or necessary by the decrees. orders, judg-
menss or other proceedings OF said Superior
or Commercial Court, entered at any time
previous to said adjournment. shall be brougt
in and disposed of by smd Court of Common
Pleas.
Sec 3 That where any cause has been
disposed Of and complete record thereof
made in either said Superior or Commercial
Court on or before said adjournment, but said
record has not been signed by the Judge of
said Court, said record shall be examined, and
il found correct, signed by any one Of the
Judges Of the Court os Common Pleas; and
any cause disposed of in either said Superior
or said Commercial Court, on or before said
adjournment, Of which complete record has
not then been made, shall be recorded by the
Clerk Of the Court of Common Pleas. and
signed by any one OF the Judges of said
Court; and all the transcripts OF the records
Of any cause disposed of in said Superior or
Commercial Court shall be made and authen-
ticatcd in the same manner as if said cause
had ben disposed Of in the Court Of Common
Pleas.
Sec 1. That al writs Of execution, orders
for sale in Chancery, and other final processes
IHouCu Oub vi Solh NhpN'iO VI Soh'hiCiSi
Courts on or after the first Monday in Janua-
~, A. D.. one thousand eight hundred and
tfty three, shall be made returnable to the
May term of the Court Of Common Pleas then
next ensuing And all orders. rules, writs or
processes of any kind. outstanding at the ex
riration of either said Superior or Commercial
Courts shall be returned to tho Court Of Com
mon Pleas at its said May term, A. D.. one
thousand eigh hundred and ffty-three. and
have the same validity and effect in the said
Court of Common Pleas as they would have
had in said Superior and Commercial Courts
and all process necessary to carry into effect
and judgment, decree, order or other proceed |
ing of said Superior Commercial Court, |
snail. after said ad djournment, be issued from
said Court of Common Pleas in the same
manner aud have the same effect as if said |
Judgment decree, order or other proceed |
ing were originally had and entered there |
in.
Sec. S That any cause disposed Of in said |
Superior or Commercial Court may be re-
moved to the District Court by appeal, writ
OF error, certioyari, or otherwise, in the same !
manner as if disposed Of in said Court of Com
mon Pleas and all special mandates, and writs
OI pTOtEuGUuD, anu OtllGI NIlAs lltCt9Shi( W
carry into effect any Judgment which shall
have been thereto removed from said Supe
rior or Commercial Court by appeal, writ of
error or otherwise SHALL after said adjourn
ment. be directed to, and obeyed by said
Court Of Common Pleas, in like manner as if
said cause has been removed theretrom; but
this section shall not be construed SO as to de-
prive the District Court of its power to issue
process in such causes not directed to an in
ferior Court
Sec. G. That the District Court and Court
of Common Pleas aforesaid. shall have the
same powers with respect TO the cause pend
ing or disposed of in said Superior and Com
mercial Courts, at or before said adjournment
and with respect to all the judgments, DEGREES
orders and other proceedings and the pro-
cess of said Courts, as said Courts, respective
" would have bad had they been continued
in existence, and said ca1ses Judgments, de-
Greet, orders and other proceedings shall hold
and occupy the same position, and have the
same effect in law as if originally brought, en-
tered or had in said court Of Commen
Pleas.
Sec. 7. That all cases transferred from
said Superior and Commercial Courts 20 the
Court Of Common Pleas, in which notice of
appeal shall have been entered, such appeal
shall have been entered, such appeal may be
perfected in the said Court Of Common Pleas
and when any order or decree of either the
Superior or Commercial Courts requires re-
port or accounts to be rendered either the
said Superior or Commercial Courts after
said day, the same shall be pade to the Court
Of Common Pleas as if the satne decree or
order had been made in said Court of Com
mon Pleas.
Sec. 8. That all cases which may have
been heoetofore brought into the Distric:
Court in the county of Hamilton. from said
Superior or Commercial Courts, by appeal,
writ Of error, certiori, and which may have
been disposed ef by said District Court at the
expiration Of said Superior and Commercial
Courts. but which may yet remain to be re-
xanded to the court below for new trial, exc
sution, or other proceeding. may be so reman-