Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-07-26
House Joint Resolution
Relative to an BAmendments 4 Of Arti-
cles Four and Eleven Of the Con-
stitutiOn, ReOrgaAizing the Judi
ciary of the State OF Ohio.


ciary of the State OF Ohio.
Be IL resolved By the General Assembly Of
the State Of Ohio (thfee-ffths of all the mrin-
bers elected 10 each house concurring there
in), That q proposition to amend the Consti-
tuition of the State OF Ohio. be submitted to
tie electors of The State, on the second Tues
tay of October, A D. 1857, as follows to-wlt:
That sections, che. three, Fre SIC, esyf1
ttcetUe, fourteen, Ffteea, sixteen ana efghteeH,
of article four, be amended 80 as 10 resi- as
follows, and section seven lof artiele Tour, ana
sections twelve and thirteen Of article eleven.
be repealed: ~ - .-t- -'.-f,
ARTICLE W.
SEC l. The Judicial power OF the state
shall be vested in Supreme Court, IN District
Courts Courts Of Common Pleas, Justices oil
the Peace and such other Courts inferior 10
the Supreme Court, in one or more countries:
a. The General Assembly may from time TO
time establish. The Superior Courts 0i TN
cinuati and Montgomery county. shall con-
inue until otherwise provided by law
SEC 3. The Court Of Common Pleas shail
be holden by one Judge, who shall De elected
by the voters OF the District, and said Court
shall be open at all times for the transaction
of business. sundays and holidays excepted
Each county now existing or hereafter lorm-
ed, shall constitute q separate common fiess
District, and each District shall be known by
the name Of the county composing the Dis--
trict.
SEC. 5 Each District Court shall consist IL
one Judge, who shall be elected by the voters
of the district. Taere shall be elected one or
MOI Judges In each district. snd there shall
be held annually not lsss than three sessions
in each county in the State The Legislature
shall divide the State into District Court dis
tricts. not exceeding twenty in number, and
shall assign TO each Common Pleas aud Dis
trict Court district, the number OF Judges re-
quired to dispose OF the business therein.
Each district shall be composed OF compact
territory, bounded by county lines, and a.
nearly equal in population practicable. A
concurrence of three hfths only OF all the men,
bers elected to both Houses, shall be required
for the first aPporti0nment. or TO determine
the number of Judges required in each Dis
trict Court aed Common Pleas District. un-er
this amendment, but no chaBge shall thereaf-
ter be made without the concurrence OF two
thirds of all the members elected 10 both
Houses.
Sections twelve and thirteen Of article eleven
are hereby repealed: the repeal TO take effect
when the Legislature makes the apportion-
ment mentioned in this section.
original Jurisdiction with the Supreme Court, |
and such appellate or other jurisdiction as may |
be provided by law.
SEC 8. The General Assembly may provide |
by law for Judge pro temporc, to hold any |
court when the Judge thereof Is disqualihed
by sickness or otherwise to hold said court.
SEC Il. The Judges OF the districts and OF |
the Courts Of Common Pleas. shall, while in
office reside in the district in which they are
elected, and their term OF office shall be hve
years; but the Legislature may provide by law
that any Judge Of the Common Pless Court
shall hold that Court In anv other Conn on
Pleas district; and that any Judge Of the Dis.
trict Court shall hold that court In any other
Iii strict for that court than the one in which
he resides; and Judges Of the Common Pleas
may temporarily exchange districts with each
other; and two or more Common Pleas Courts
nav be heId at the same time In the same dis
frict, and two or 'pime District Courts may be
hello at the same time in a district OF that
court.
sKc IA. The Judges Of the Supreme .,ourt,
the District Courts, and OF the Courtk el Com
mon Pleas shall, ut stated times, receive for
heir services such compensation ss may he
provided by law, which shall not be increased
,r diminished during their term of Office, but
hey shall receive no fees or perquisites. nor
lold any other Office Of trust or profit untrr
he authority Of any State. or OF the United
States. All votes Tor ,ither of them for any
elective office. except judicial office. under
he authority Of this State given by the Gen.
,ral Assembly, or the people, shall be void.
SEC Is The General Assembly NAV in
.rease or diminish the number Of the Judges
II the Supreme Court, the number Of the dis
ricts, Of the District Courts, the number al
Judges in any Common Pleas or District Court
fistrict, h1nge any District Court district,
establish other courts, abolish the Probate
Court in any county, or any other Court esq
a bli>hed by law, whe never two thirds Uf the
members elected to each House shall concur
herein; but no such change shall yacate the
'fice of any Judge. The Court Of Common
Pleas provided for in this amendment shall be
he successor Of the present Probate Court and
;onrts of Common Pleas in each county: The
District Courts herein provided for, shall be
md all the books, records, papers and husi-
less. in or appertainlng TO said Courts. shall
,e transferred To their successors under this
the existing Probate Court Is
lereby abolished in each county at the close
4 the term for which the Judge thereof was
Common Pleas Judges upderth amendment,
nd the Clerks in the Courts OF Common Pleas
nd District Courts, shall be the clerks in the
ourts herein provided until their successors
re elected and qualified: hut the Supreme
court shall appoint its own reporter.
sFC. IL. There shall be elected in each coun-
y by the einctor. theresf, one Clerk OF the
;oart Of Common Pleas, who shall hold his |
fiice for the term OF three years, and until his
uccessor shall be elected and qualified. He
hall, by virtue Of his office, be clerk OF all
ther courts OF record held therein, but the |
.
he election of u clerk with \ like term OF Of
Ice, for each or any other of the courts Of q
ec0rd, or for the appointment by the SUPP enc /
,orrt of a Clerk for that Court.
SEC. Is. The several Judges Of the Supreme
;ourt, Of the District aud Common Pleas, and ,
{ such other courts may be created. shall
espectivelv have and exercise such power
nd jurisdiction at chambers, or otherwise. as Z
hay be directed by law.
The term OF Office Of all Judges Of Common
'Ieas and District Courts provided for in this I
shall commence on the first Mon &
NY in january next alter the making Of the
pportionment provided for in section five Of
rticle four, and the term OF Office OF ali Judges t
fthe Courts Of Common Pleas, in Office, who
Tere not elected as Judges under this amend
lent, shall then expire.
No change shall be made by this amendment I
D the Supreme Court, or in the office or term
any Judge thereof The first election Of
Judges Of Common Pleas and District Courts
nder this amendment, shall be held ut the G
eneral election for election of State officers
ext after the making OF said appOrtionment Q
" District Court districts by the Legislature, Y
ut nothing in this amendment shallbe constru-
] to change or alter the Constitution or laws .
ntil said apportionment is msde Section o
wen OF Article four is hereby repealed, and G
action twenty-five shall be numbered section
FORMOF BALLOT. =
At said election, the voters desiring to vote u
fsvcr of the adoption of this amendment, r.
lali nave placed upontheir ballots the words, s
Judicial Constitutional Amendment-Yes:" d
he voters who do not favor the adoption of
lid amendment, shall have placed upon their '
allots the words, judicial Constitutional '
.mendment--No." .
Adopted April 6, 1871. :
II. W.CURTIS,
President Of the Senate.
"a. ..+....+..- o. J. HODGE,
peaker pro tenn. House Of Representatives. =
THE STATE OF OHIO,
! OFFICE OF THE SECRETARY OF STATE. ! =
l, Milton Barnes, Secretary Of State Of the :