The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1856-08-28

/ as Judges Ol lne court OF common pleas.
| SFc. 3. The said court shall have a SEAL 10
be provided by The secretary Of State, at the cx.
pense Of the State, having the same device as tie
seal OF the co irt OF common plees, except that
there shall be engraved around the margin there
Of the words Superior court Of Montgomery
county, instead Of the words common pleas
of the county of ---i
SIC. =, The clerk of the court of common
pleas OF Montgomery county shall be the clerk
III said court hereby established; and besides
the bond now required of him by law, shall give
un additional bond, in not rss than ten thou-
sand dollars, nor more than thirty thousand dol
lars, TO the acceptance of the commissioners of
/ Montgomery county conditioned that he will
truly and faithfully pay over all moneys that
may b. by him received BY him in his official
capacity as clerk Of the said superior court of
Montgomery county, and that he will enter and
record all the orders, DEGREES, judgments aud
| proceedings Of sOid court, which he may by la W
be required 10 enter and record, and fuithiully
aud impartislly discharge and perform all the
duties of said Office.
! SIC z. SherifTs, coroners and consa5es shall
be bound TO ettend said court, preserve order,
end eXccut; and return its process, as they ure
required to do in the court Of common pleas; ond
oil laws now in force, or which mny be enacted,
prescribing the duties ond liabilities of such Of.
iicers and the mode Of proceeding against them,
" tlNiCi VI tiICHl' lOl tbN vi OlllNIul Nu
y allowing fees, and providing for the collcc-
tion thereof in The court Of common pleas, shall
,be held and deemed TO extend to said superior
court OF Montgomery county, unless the same
are or shall be plainly inappllcabe.
3 SIC 8. The superior court OF Montgomery
county shall BE- held at the court house in Day
ton, or at such other convenient place in said
/ city, ns the commissioners of Montgomery coun-
| ty shall provide
| SIC. O. The terms Of said court shall com
meuce on the first Monday of every month, eX-
ccpt the months of July, August and Septem-
Der, in which months terms may be held, il di-
! rtcLed by said court, at any previous term, and
terms thereof shall BE- respectively called after
the different months in which they re held, and
they may be continued and held from the time
Of their commencement every day, Sundays ex-
ccp.c0, until and including the las; Saturday be-
fore the first Monday of the next month.
SEC. 10. The judge of said court may dis
pense with Gny term Of said court, adjourn the
same on any day previous 10 the expiration of
| the term, for which the same may be held, and
olso from any one day in the term. over to any
other day in the same tenn, If, in his opinion,
the business of the court will admit thereof.
See. IL. In case said court shall not he held
at the time appointed, or anv term thereof shall
be interrupted, by reason of the non-attendance
Of the judge thereof, shall be lawful for the
IlEh VI SOLIh ~ A!lt sdlit lEblll
TO dny, or until the next term, and all process
and other proceedings shall be continued over
accordingly.
SEC. II. The said superior court of Mont
gomery county shall have the same powers au-
thorty, and original jurisdiction in civil actions
and other proceedings as by the constitution
and laws have been or may be conferred upon
the court OF common pleas, except that said
superior court shall have no jurisdiction in crim-
mn pr has r6V III
vorce and alimony nor for alimony, nor for the
/ benefit Of the laws for the relief OF insolvent
debtors.
SIC. l3. Where any action is rightly brought
IN said superior court, summons shall bo issued
to any county against one OF more defendants,
at the plaintiffs request.
SEC. IA. Said court shall have the same pow
er TO vacate or modify its own judgments or or
ders during or after the term, and to other judy
rnents BY confession, as is or may be vested BY
law in courts Of common pleas.
SEC. 10. The process of the said superior court
shall have the seal affixed and be tested, directed
served and returned, and be in form as is or may
be provided foI the process OF the court of com
mon pleas, varying only in The style Of the court
and to conform, as far as may be necessary, to
It's terms.
SEC. l6. Said superior court shall have full
power TO classify and distribute the business
regulations for practice therein; to appoint mas
ters receivers, and other officers necessary 10
facilitate its business; to direct as to the mode
OF proceeding by or bfJrc said Officers. and 10
tax costs.
SEc. II. All laws now in force or which
may hereafter be enacted, comforting powers au.
thority and jurisdiction in civil cases and other
proceedings, upon the courts Of common plcas
or district courts, giving them power to hear
a ND tor pu. d.,
punish contempt, regulating their practice and
forms OF process prescribing the force and effect
OF their judgments, orders or d, ere, s. and author
lEing or directing the execution thereof shall BE-
held and deemed to extend TO the said superior
court OF Montgomery county as fully as they ex-
tend to the said courts Of common pleas aud dis
trict courts unless the same ba Inconsistent with
this act, or plainly inapplicable; and the said
superior court Of Montgomery county in respect
TO the form and manner Of all pleadings therein,
and the force and effect of its judgments, orders
or DEGREES, shall be deemed and held court of
general jurisdiction; and said courts shall sign
bills OF exceptions, If required, the same as pro
vlded for 10 tEHs in the courts Of common
pleas.
SEC. Is. Ajudgment rendered or final order
made by sald superior court Of Montgomery
county, may be reversed, vacated or modified
oy lue supreme court, for errors appearing on
the record, but the petition in error in such case
can be filled only by leave of the supreme court,
or judge thereof, in the lame manner and with
IN the same time as is now. or may b, hereafter
provided for reversing, vecatng and modifying
the final judgments, orders or DEGREES of courts
of common pleas.
SEc. 10. That, instead OF one hundred and
eight there shall hereafter be annually appor-
toned and selected in the county of Mongome.
Ty, two hundred aud sixteen judicious persons
having the qualifications of electors, to serve as
grand and petite jurors the ensuing year, in the
manner provided in the act entitled ' an act re-
lating TO jurors passed February 8, 1881; and
the cleIk of the court of common pleas of said
county shall, at least thirty days previous to
each term of said superior court, unless other
wise ordered by the judge Of said cuort, draw in
the manner provided in said act the names Of
twelve persons to serve as petite jurors; and the
clerk OF said superior court shall forthwith issue