The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-08-10
house JOINT RESOLUTION.
Relative TO Am Amendment of
Articles Four and Eleven of
the Constitution, ReOzganiz-
ing The Judiciary OF The state
or Ohio.

Be IL res9ired By the GsserGl Assembly
STATE o. Ohio lIhree-fifthS OF all the member
elected To each house concurring therin
That proposition to amend the COnAflfu-
tioB OF The state ofOhio. oe submitted TO the
electors of tie State, on the second Tuesday
OF October, \. ID. lS77, as follows. tO-wit:
That sections one, three, RE, Sir, eight ftreirs
IsdTteeH HfeeH, sirteeI Gfsd eighteeti OF article
four. be amended so as 10 read as follows, and
section seven, of article four. and sections
twelve and thirteen of article eleven, be NJ
pealed:
SEE. l. The Judicial power of the state
shall be vested in supreme Court. in Dis
trict Courts Courts OF Common Pleas, Jus
| -ior to the Supreme Court in one or more
| counties. as theGeneral Assembly may fronl
time 10 time establish. The Superior Courts
of Cincinnati and Montgomery counties.
shall continue until otherwise provided by
law.
SIC ;. The Court OF Common Pleas shall
be holden by one judge, who shall be elected
/ By the voters of the District, and said Court
hail be open at all times for The transaction
of business, sundays and holidays excepted
| Each county now existing or hereafter form
| ed shall cobSt tute Ssperafs on. MON Pleas
| Di~trir and each nislr et sEa.! be Shown b.
/ Ih- maine of he county cciu Is !rg the i':S
| trict.
Sc ). Each District Soar, shall e,.s.stt,.s
o. Judge. who shat he q etss- hy ti,- vs,-f>
| % ii-s district There SHAFT De cirCa & utty e.
/ iuot. Judges IN each DiStIISt AID fht b, = al
i be D.. annually moi ltss jhaR three >es-
>i,,i.~ IA aeh county in tie STATE. IRE *
| S.aIUTe u aii divide the =, ate info District
| sourt districts, not exceeding tvCniy IA,
| Lumber. and shall - ign 10 each Common
| Pleas ana District court district. the rtmbt
of Jud- e required TO dispose OF the business
/ therein. Ea district shall be composed OF
compact territory, bounded by county lines
aDd as nearly equal in population as prae;ie-
able A concurrence of three-ffthS only of
| all the members elected TO both Houses shall
be r. quired for the first apportiOnment or to
| determine The number of Judges required in
each District Court and Common Pleas Dis
trict, under this anne endment. but no change
shall thereafter be made without the concur
renee Of two thirds of all the members elect
ed TO both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed; the repeal to
ppoItionme Mt mentioned IN this section.
SIC. 8. rhe District Court shall have like
original Jurisdiction with the Supreme
Court, and such appellate or other juIiSdic-
tion as may be provida d BY law.
SIC. s. The General Assembly may pro-
vide by law for Judge pro teHD0re, TO hold
any court when the Judge hereof is diSqual-
fed by sickness or otherwise TO hOld said
court.
SIC. Il. The Judges of the districts and CT
| 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
five years; but the Legislature may provide
by law that any Judge OF the Common Pleas
Court shall hold that court in any other
Common Pleas district; and that any Judge
OIL the lllStIlct Court snail DOlG tlat court
any otheI district for the court than the one
in which he resides; and Judges ofthe Com
mon Pleas may temporarily exchange dis
tTicts with each other; and two or more Com
mon Pleas Courts may be beld at the same
time in the same district, and two or more
District Courts may be held at the same
time in a district of that court
SIC. IA The Judges ofthe Supreme c. urf.
the District Courts, and of the Court OF Com
mon Pleas shall. at stated times, receive for
their services such co npensatiOn as may he
vidad nv law which shall not he iueFea
ed or diminished during their term of office.
but they shall receive no fees or perquiSitieS
nor hold any other office of trust or profit un-
der the authority of any State, or of the
United States. Ill votes for either of them
for any elective office,exce pit judicial Office.
under the authority of this State given by
the General Assembly, or the people, shah
be void.
SIC. is. The General Assembly may in
crease or diminish the number ofihe Judges
ofthe supreme Court, the number tfthe dis.
tricts, OF the District Courts. the number OF
Judges in any Common Pleas or District
Court district, change any District Court dis
trict. establish other courts, abolish the Pro-
bate Court in any eOunty.Or any other Court
established by law, ,wheneve twO-thiris oftbe
members elected 10 each House shall concur
therein; but no such change shall vacate the
office OF any Judge. This Court OF Common
Peas provided for in this amendment shall
be the successor of the present Probate Court
and Courts of Common Pleas in each county.
The District Courts herein provided for shall
be the successors OF the present District
Courts; and all the books, records. papers
and business, in or appeTtaining to said
Courts, shall be transferred to their success
sors under this amendments; the existing
Probate Court is hereby abolished in each
county at the close of the term for which the
Judge thereofwas elected, first occurring af-
| ter the election OF Common Pleas Judges
| under this amendment, and the Clerks In the
/ Courts of Common Pleas and District Courts,
/ shall be the clerks in the In the courts herein
1 provided until their successors are elected
| and qualified; but the Supreme Court shall
| appoint its own reporter.
/ SEC. l6. There shall be elected IN each
| county by the electors thereof, one Clerk OF
| the Court of Common Pleas, who shall hold
/ his office for the term OF three years, and
until his successor shall be elected and quail
ified. He shall, by virtue OF his office. be
| clerk of all other courts OF record held there
| in, but tne General Assembly may provide,
| by law, for the election OF a clerk with like
| term of Office, for each or any other Of the
| courts OF record, or for the appointment by
| the Supreme Court CT Clerk for that Court.
| SEC. Is. The several Judges ofthe Supreme
Court. OF the District and Common Pleas,
| and of such other courts as may be created,
shall respectively have and exercise such
power and Jurisdiction at chambers or other
| wise, as may be directed by law.
| The term OF Office of all Judges of Common
| Pleas and District Courts provided for in this
| amendment, shall commence on the first
| Monday In January next after tine making
| of the apportionment provided for in section
five of article four. and the term OF Offlce OF
| all Judges of the Courts of Common Pleas. In
| Office who were not elected as Judges under
this amendment, shall then expire.
4
ment in the Supreme Court, or in the office
| or term OF any Judge thereof. The first elec-
| tiOn of Judges of Common Pleas and District
Courts under this amendment, shall be held
| at the general election for election OF State
i officers next after the making OF said appOr-
| tionment for District Court districts by the
Legislature. but nothing in this amendment
/ shall be construed to change or alter the
/ Constitution or laws until said apportiOn-
inert. Section seven of Article four is here
By repealed, and section twenty-five shall be
| numbered section seven.
FORM BALLOT.
At said election, the voters desiring 10 vote
in favor OF the adoption of this amendment.
shall have placed upon their ballets Inc
| words. - Judicial Constitutional Amendment
i Yes" the voters who do not favor the adOp-
tiOn Of said amendment. all have placed
upOn their ballots the words, Judicial Con-
siiIution Amendment-NO."
! Adopted March 9, ISL
II. W. CURTIS,
President OF the Senate.
D. J. ii DGE,
Speaker pro TEN. House Of ofRepresentatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. )
Milton Barnes Secretary OF State of the
State of ohio, do hereby certify that the fore
going Is a true copy OF an act therein named.
passed by the General Assembly of The STATE
taken from the original rolls on file in this
Office.
In Witness Whereof. have hereunto sub
scribed my name, and affixed the
SEAL Seal of this Office at Columbus. the
9th day of April, A. d 1877.
MILTON BARNES,
Secretary Of state.
UIMGG RIMK