The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1874-06-26

services compensation TO be fixed f,7 iaJT
SEC. Is. The officers Of the executive a.
partment and Of the public state institafia6s
shall, at least five days preceding each. rev,
lar session Of the general assembly, ssvsrsilv
report to the governor, who shall transmit
such reports, with his message, to the general
assembly.
ARTICLE ".
JUDICIAL.
SEC. / The judicial power Of the state
shall be vested in supreme court, circuit
courts, courts Of common pleas, courts Of pro-
bate, justices OF the peace, and such other
courts inferior to the circuit court, in one or
more countesOr cities, as the. general assem-
bly, may, from time to time, establish.
SEC. 2 The supreme court shall consist Of
five judges, majority Of whom shall be neo-
essary to form quorum or pronounce dscis-
ion. It shall have original Jurisdiction in iauo
warranto, mandamus, habeas corpus and pro-
cedendo, and such appellate Jurisdiction as
may be provided by law It shall hold at least
one term in each year, at the seat Of govern
ment, and such other terms, at the seat Of
government or elsewhere, as may be provided
by law. The judges of the suprene court
shall be elected by the electors Of the state At
large, and their term Of Office shall be ten
years. Said court may appoint clerk and
reporter, who shall receive such compensation
as may be prescribed by law. 1-is.sa 4
SEC. 8. At the first election for Judges Of
the supreme court, no slector shall vote for
more than three candidates. f.---.-.
SEC. 4. The judges Of the present supreme
court, in Office when the judges Of the su-
preme court first elected under this constitu-
ton shall be qualified, are hereby constituted
a commission, to dispose Of such part Of the
business then on the docket, as shall not, bg
arrangement between the commission and the
new court, be transferred to the latter; which
commission shall have like jurisdiction and
powers in respect thereto, as ars or may be
vested in said court. The members of the
commission shall be paid the same compensa-
ton as the judges Of the supreme court for
the time being.
SEC. 5. Said commission shall eonsist Of five
members, majority Of whom shall be neces4
sary TO form quorum or pronounce a decis-
ion. ANY vacancy occurring in the COM
mission shall be filed by appointment Of the
governor, with the advice and consent Of the
senate; or, If the general assembly be not in
session, by the governor; but, in such case,
the appointment shall expire at the end Of the
next session Of the general assembly. The
commissioners may appoint and rsmovs such
/ attendants as may be necessary. The clerk
and reporter of the supreme court shall be
clerk and reporter Of the commission. The
decisions Of the commission shall be certified,
entered and enforced as the judgments Of the
supreme court. The commission shall con-
tinue until the cases committed to it are de-
termined, but not exceeding three years; and
all cases then undetermined shall be disposed
OF by the supreme court.
SEC. 6. TIE general assembly may, on ap-
plication of the supreme court, duly entered
on its Journal and certified, provide by law,
/ from time to time, for the appointment by the
governor, with the advice and consent Of the
senate. Of like commission provided thai
the term of any such commission shall NO
exceed two years; nor shall it be created Of
tener than once in ten years.
SEC. 7. The state shall be divided into sew.
en- judicial circuits Of compact territory, and
bounded by county lines, in each Of which
three Judges residing therein, shall be elected
by the electors thereof. The circuit eoDri
shall consist of three OF the judges so elected
two of whom shall be necessary to form q
quorum, or pronounce a decision, and shall
/ be held in each county at least twice in each
year. The judges may be allotted for thai
purpose to the several circuits, in. such mode
and order, and under such regulations as may
be prescribed by law, and their term Of Sfics
shall be eight years. More than one couri
may be held at the same tima in any circnit
4
iiginal jurisdiction with the supreme eourt,snd
such appellate jurisdiction, inferior to that o.
the supreme court; as may be provided by
law.
SIC. 9. The State shall be divided into
twelve common pleas districts, Of compact
territory, bounded BY county lines. Each dis
trict, composed Of two or more counties shall
be divided into subdivisions, not exceeding
the number of Judges to be chosen therein, OF
compact territory bounded By county lines,
and as nearly equal in population as practica-
be. having due regard to business. In each
district or its subdivisions, as the case may
be, such number OF common pleas Judges re-
siding therein, as is provided in this ccnstitu-
ton, shall be elected by the electors thereof,
who shall be judges Of their respective dis
tricts. In each quarter of the judicial year,
which shall commence or the first day Of Jan.
nary, and in each county Of the several dis
tricts, a term Of the common pleas eolrt shall
be held by one OF more Of these judges, and
more than one court may be hald at the-samG
time in any district or subdivision. The ju
dicial service Of eseh district shall be appoF.
/ toned to the several counties thereof, accord
ing to population and business. Not less than
seYenty-two days of opan session, IN the first
! second and fourth quarters respectively, anC
/ twenty-four days 10 the third quarter, shall bC
signed to him be sooner disposed Of; pTovid
ed, that in districts composed Of singis
county, no Judge shall be required to hold such
session more than ten days in the third quar-
ter. The general assembly may provide By
law for assigning Judge, or judges OF any
district, to hold court IN any other district
when necessary. e
SEC. 10. The Jurisdiction Of the courts Of
common pleas, and Of the judges thereof, shall
be fixed by law, but shall be inferior TO that
| Of the circuit court.
/ SEC. II. The judges of the courts of common
pleas, while in Office, shall reside in the dis
trict for which they are elected, and their
term of Office shall be six yesrs.
SEC. y. The general assembly may fix, by
law, the times Of holding the several courts Of
record, or may authorize the Judges thereof
respectively, to fix the same.
SEC Is. The general assembly may increase
OF diminish the number of the judges OF the
circuit courts, and of the courts OF common
pleas, the number Of circuits, and districts
and may change the circuits, districts and
subdivisions, and establish other courts, when
ever tWo-thirds OF the members elected to
each house shall concur therein but no such
change shall Vaeate the Office Of q Judge. No
member of the general assembly creating an
additional judgeship shall be eligible to such
Office for one year after the creation thereof,
nor until after the first general election thsre-
after.
SEC. H. The several judges Of the supreme
court, circuit courts, courts Of common pleas,
and such other courts as may be created, re-
spectively, shall have such Jurisdiction, at
chambers, or otherwise, as may be conferred
by law.
SEC. 10. There shall be established in each
county probate court, which shall be court
Of record, open at al! times, and held By one
Judge, elected by the electors Of the county,
whose term ofolfice shall be four years.
SEC. I6. The probate court shall have juris-
dictiou in probate and testam entary matters,
the appointment of administrators and guar
dians, the settlement Of the accounts OF exec
utors, administrators and guardians, and such
Jurisdiction in habeas corpus, the issuing Of
marriage licenses, and tor tne sale Of land by
executors, administrators and guardians, aud
such other jurisdiction in any county or eoun-
ties as may be provided by law. But no pro-
VisiOnal order made by a probate Judge. In q
cause pending in any other court, shall be op-
Grated or revived, after such order shall have
been vacated or dissolved.
SEC. II. All judges, other than those pro-
Vided for in this constitution, shall be elected
by the electors OF the Judicial district fo1
which they may be created, butnot for a long
er term than six years.
,EC' 10 4Ae 5e4sIdt a5s5lnOAy may ptoFlos
by law for the appointment OF a Judge prc
tempOIe, to hold sittings Of any court, inferi0i
to the circuit court, when the judge thereof il
absent, or otherwise unable, or disqualified to
preside.
SEc. 10. The judges Of the supreme court,
circuit courts, courts Of common pleas, ana
such other courts as may be crested, shall q
stated times, receive for their services saen
compensation as may be provided BY ia1s
which, after the first session OF the general
assembly held under this constitution, snail
not be changed during their term o. 0tieei
but the Compensation Of the judges OF the su-
ureus court shall be fivs thousand dollars per
snnum until the legislature shah otherWise