Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-05-12
LAWS OF OHIO.
No. 37.1 AN ACT
To establish the Superior Court of Cincin
[prnIIsnEp oFr1cIAIlYl

30, and here by is established within the city
Of Cincinnati, in the county OF Hamilton. n
court Of record, which shall be styled "The
Superior Court Of Cincinnati" and which
Ahall consist of three judges
Sec. O. The said Judges shall be elected
BY the electors Of the city Of Cincinnati They
shall be voted for on one bollot The first
election for said judges shall be held in that
city on the FIRST Monday of Nav. A y. 1854
The judges Of said superior court. shall, i'm
mediately after the first election under this
act, be classified, by lot so Vat one shall hold
for the term Of three years, one for four years.
and one for FIVE years; and at all subsequent
elections the term ofeach Of said Judges shall
be for FIVE years. Elections shall be held for
the successors Of said jndges, on the first
Monday Of April, of each year in which the
term Of any such Judge may expire: and in
case the Office of said Judges shall become
vacant before the expiration Of the regular
term for which he was elected, the vacancy
shall be filled BY appointment by the Gov
ernor, until a succe sor is elected and qnal-
lied; /; and such successor shalt be elected for
the unexpred term, on the first Monday Of
April that occurs more than thirty days after
the vacancy shall have happened.
Sec. 3. The elections for said judges shall
be held within the city Of Cincinnati, and the
poll books returned. and abstracts and GER
tifcates Of election made out as provided for
municipal elections in cities and incorporated
villages. and said certificate shall he trans,
mi!ted by the clerk or recorder making the
same to the Governor, who shall issue com.
missions TO the persons elected.
Sec, A. The said Judges shall take the
same oath and be removed for the same
causes. as judges Of the court of common
pleas
Sec g. The said court shall have n seal
TO, be provided by the Secretary of State, at
the expense of the State, having the same
device q, the seal of the court Of common
pleas, except that there shall be engraved
around the margin thereof, the words "Su.
peror Court of Cincinnati" instead of the
words "Common Pleas of tie county Of"
Sec O. The clerk Of The court of common
pleas of Hamilton county shall be clerk Of said
court The county commissioners Of Hamil
ton county may require said clerk. in addi-
ton TO the bond now required by law, an ad-
ditiona bond in not less than ten thousand
dollars, nor more than fifty thousand dollars
conditioned that he will truly and faithfully
pay over all moneys that may be by him
received in his official capacity as clerk Of said
Superior court of Cincinnati and that be will
enter and record all the orders, drcrers
judgments and proceedings of said court,
which he may by law be required to enter and
record, and faithfully and impariallv dischar
ge and perform all the duties of said Office.
4 I,t,
shall be bound to attend said court, preserve
order, and execute and return its process, as
they are required to do in the courts of com
mon pleas; and all laws now in firce or which
may be enacted, prescribing the duties and
liabilities of such officers, and the mode of
proceeding against them, or ether ofthem
for any neglect of official duty, lowing fees,
and providing for the collection thereofin the
court of common pleas. shall be held and
deemed to extend to the said Superior Court
Of Cincinnati, unless the same are or shall be
plainly inapplicable.
Sec. 8. The said Superior Court Of Gin
einnuti, shall be held at the court house, nI
the city of Cincinnati or at such other con
venient place in the said city, as the Commits
sioners Of Hamilton county shall provide.
u.
commence on the first Monday Of every
month, except the months Of July, August
and September, in which months. terms may
be held if directed by said court, at general
term, and the terms thereof shall be respect
lively called after the different months in.
which they are held, and they may be con
tinued and held from the time of their com
mencement every day. Sunday excepted
until and including the last Saturday before
the first Monday Of the next month.
Sec. TO- The Judges OF said court may
adjourn the same on any day previous 20 the
expiration of the term, for which the same,
may be held, and also from any one day in
term, over to any other day in the same term
will admit thereof
Sec. IL. In case said court shall no: be
formed at any time, or any term thereof shal
be Interrupted by reason of the non-at;end
ance of all or of any Of the Judges thereof,
1t shall be lawful for the clerk Of the said
court to adjourn the same from day TO day
until the next term and al process and 9th
er proceedings shall be continued over ac-
cordingly
Sec IL. A general term OF said court
may be held by any two Of the three judges
thereof. ard special term by any one of
them; and general and special terms by any
one or more of them. may be held At the
same inc. az the Judge Of said court may
direct.
Sec. 49, The special terms Of said court,
shall be held for the trial OF causes, and for
the hearing of motions; all petitions in error
shall be argued, or submitted. and decided
in the said court, at a general term thereof.
The concurrence OF two judges shall be nee,
cessary to pronounce a judgement at the
general term. If the requisite number of
judges do not concur, The matter shall be re
heard.
Sec. IA. The said Superior Court Of Gin
cinnat shall have original jurisdiction, where
the sum or mater 10 dispute exceeds the
jurisdiction Of justices Of the peace, to hear,
Try and determine, according TO law, the fol-
lowing actions:
lst Actions for the recovery Of real prop.
e ~, aetoto tl..,.ir