The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-01-18
THE SPIRIT OF DEMOCRACY,
JAs. r. MORRIS. PROPRIETOR.
wooDsFIELD, ONO, JAN. IS, 1854.


ness in the Probate Court, 10 the following
article. 1t contains much information not
easily attainable: q
Fer the Spirit Of Democracy.
The Jurisdiction Of our Courts.
Mr.. Editor Several mistakes have
recently occurred in regard to the juris-
diction Of our courts, as al present consti-
tuted, and loss to meritorious parties has
been the result As the subscriber has
given the subject some attention. he ven-
lures, with your permission. to express his
views. Those, however, who have made
examination, will doubtless find that my
conclusions are those at which they have
already arrived; but persons who have not
given the subject attention, and who have
business to transact with our courts, may
derive some benefit from perusal Of this
communication.
THE DISTRICT COURT,
Which is held once year in each coun-
~. by one Supreme and three Common
Pleas Judges, has almost the same power
that is vested in the Supreme Court,which
is held at Columbus; that is, original ju-
risdiction in quo warranto, mandamus.
habeas corpus, procedendo. petitions in
error in civil cases, writs Of error and GER
tiorari in criminal cases, supersedeas, and
power to issue all other writs not especially
provided for nor prohibited by statute; and
the Distric. Courthas appellate jurisdiction
from most judgments and orders in the
Common Pleas.
-tse THE COMMON PLEAS,
Held three times year, in each county.
by single Judge, has the same power to
issue remedial and other process (quo war
ranto and mandamus excepted) that the
Disffict Court has; it has, exclusively,
original jurisdiction OF all demands above
one hundred dollars, except in cases of
confession; in actions to recover damages
for assault, or assault and battery; in ma
licious prosecutions; in actions on con-
tracts for real estate; in actions where the
title to real estate is drawn in question.
with few exceptions; and. generally. in
actions against officers. This COURT has
also appellate jurisdiction from the decis-
ions of Probate Courts. Justices of the
Peace, and County Commissioners, in
most cases.
The only criminal jurisdiction of the
Common Pleas is, 1. In all capital cases;
g In all cases where the punishment is
imprisonment in the peniteniiary; 8. In all
prosecutions under the act entitled "An act
to punish certain crimes therein named, I"
passed March l8, 1889, Swans Statute
239; a. In all prosecutions under the act
entitled IAN act to provide for the punish
ment of certain crimes therein named. !"
passed February 27, 1884. Swans Statute
252; and s. In prosecutions under the act
entitled "An act to- prevent obstructlng
nayigable streams therein named" passed
March 1, 1884. Swans Statute 253.
The jurisdiction Of the Common Pleas
an these offences is exclusive; but Justices
of the Peace. in each of the cases enume-
rated. are required to issue warrants, to
hold examining Courts. and to acquit, re-
cognize to the Common Pleas, or commit
TO Jail. In other words. the power Of JUS
tees in those cases is not affected. and
their duties therein are not changed.
THE PROBATE COURT
{ Is open at all times for the transaction Of
business except in criminal cases. Fol
the trial Of Grimm al matters this court holds
monthly terms, commencing on the frs
Monday Of each month. The Probate
Court has exclusive jurisdiction as follows
First. To take the proof OF wills. and to
admit to record authenticated copies o
wills executed, proved and allowed in the
Courts OF any other State. territory OF
country: a.
Second. To grant and revoke letters
testamentary and Of administration:
Third. To direct and control the con
duct and settle the accounts of executors
and administrators:
Fourth. To enforce the payment OF th'
debts and legacies Of deceased persons
and the distribution Of the estates OF intes
stetes:
Fifth. To approve ofreferees where al
executor or administrators doubts the jus
tice Of q claim above 800 and the sam
Is referred;
Sixth. To appoint and remove guard
5 ans for minors, idiots, lunatics, the des
and dumb, Sc. Also, to direct and con
troll the conduct and settle the accounts {
such guardians:
Seventh. To grant marriage license
and licenses to ministers of the Gospel I
solsmnize marriages:
Eighth. To make inquests respectinglu lu
na,ics, insane persons, idiots, and dea
and dumb persons subject by law to guar
.n. svst.- Gonerol :.