The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-01-18

Asylum, and the care OF idiots and the in
sane. passed March 19, 1850, 48 General
Laws 1887, has been vested, entirely,
in the Probate Judges." and that "a JUS
tice of the Peace. clearly, has no jurisdic-
ton of such cases under the laws now in
force:'
Ninth. To make inquest of tlfe amount
of compensation to be made to the owners
Of real estate when taken by any railroad
or other corporation:
Tenth. To try the contests Of the cleo
tions of Justices of the Peace
Eleventh. In criminal cases as follows:
The probate act provides that Probate
Courts shall not have jurisdiction in those
cases which have enumerated in speak.
ing of the criminal jurisdiction of the
Common Pleas; neither shall the Probate
Courts have jurisdiction in those cases,
such as profane swearing, &C., where,
prior to the l4th of March last. Justices
Of the Peace and Mayors had "origin al
and exclusive jurisdiction;'' but that in
all other cases. which includes assault and
battery, petit larceny. gaming, retailing
spirituous liquors, resisting officers, &c.,
Probate Courts "shall have exclusive cog
nizance," "unless otherwise pro.
vided by law" In speaking of these
words. sunless otherwise provided by
law" Judge Nash, in recent case re-
ported in the Western Law Journal, says
they refer to Legislative acts hereafter to
be passed, and have no relation to laws
now in force. If this be true. (and the
authority is certainly respectable a JUS
tice Of the Peace has no power to fine in
cases of assault and battery, even upon
plea of guilty. Justices OF the Peace,
however, have power, and it is their duty.
in all criminal cases where the Probate
Court has jurisdiction, to issue warrants.
hold examining courts, and the accused
to acquit, recognize or commit; the change
being that the recognizances must be con-
dtioned for the appearance of the accus-
ed and the witnesses, before the Probate
Court. on the first day Of the next term
thereof. and all papers must be forthwith
returned to that Court
Probate Courts have also iurisdiction--
First. In the sale of lands on petition by
executors, administrators and guardians.
and the assignment Of dover in such ca
ses
Second. To enforce and carry out con.
tracts concerning land where the parties
or either of them died before the contract
was completed.
Third. In allowing and issuing wrts Of
habeas corpus, and in determining the va
lidity of the caption and detention of the
persons brought before such courts on
such writs of habeas corpus.
Fourth. In suits between townships for
supporting paupers.
Probate Judges have also power to ad.
minister osths in all cases where oaths are
required by law; to take the acknowledge
ment of deeds, mortgages, and other in
struments required by law to be acknowl.
edged; and to take depostions in all cases.
The Probate Court has also power, up
on good cause shown, to set aside the ca.
pias, execution or order of arrest upon
which any person may be held in civil
case, or reduce the amount OF bail. Also,
to allow injunctions and appoint receivers
whenever they may be necessary. And
also, in proceedings in aid Of execution,
that is, when an execution is returned to
the Common Pleas unsatisied, the Pro.
bate Court has power to issue an order or
warrant, requiring the debtor, and if nec-
essary, witnesses to appear and answer
under oath concerning the property OF
the debtor, and the debtor may be com.
PEELED by the court to give bond, or he
may be committed.
In addition to this, the Probate Court
has jurisdiction in appeals from the final
decision of County Commissioners for
damages sustained on the petition for an
new county road, or for altering any State
or county road; also, from the final deci-
sion Of the township trustees on any pe;i.
ton or report for road; and also, from
the final decision Of the Commissioners on
any petition for damages sustained by the
location Of any State road.
My limits forbid full enumeration O.
the powers of the above named courts
and my remarks, in speaking Of their iu
risdiction, must to some extent be general
| have dwelt more at length upon the ju
risdiction of the Probate Court for the rea
son that this court is comparatively new
Each Of these courts, it may be observed
{ has power to review their own Judgment
and orders in many cases.
Il | purpose. in succeeding number, Il
enumerate the general powers and dute
, OF County Commissioners. Justices of th
, Peace, and some other officers J.