Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-07-05
House Joint Resolution
Relative to an a mendment of Arti-
cles Four and Eleven of the Con-
stitution, ReOrganizing heJudi-
ciary of the State of Ohio.


the State Of Ohio (thIee-ffths Of all the MEM
bers elected to each house coucurring there
in), That proposition to amend the Consti-
tuition OF the State Of Ohio. be submitted to
tie electors of the State, on the second Tues
day of October, A ID. 1877, as follows, tp-wit;
That sections, cRe. three, fre st1, teIgft,
ttce lre. fourteen, Gftee1, sixteen and etghteea,
OF article four, be amended 80 as TO read as
follows, and section seven, OF article four. and
sections twelve and thirteen of article eleven,
be repealed:
ARTICLE ".
SEC / The Judicial power OF the State
shall be vested in Il Supreme Court, in District
Courts, Courts of Common Pleas, Justices OF
the Peace and such other Courts inferior to
the Supreme Court, in one or more counties,
a. the General Assembly may from time to
time establish. The Superior Courts OF TN
cinnati and Montgomery eounty. shall con-
tinue until otherwise provided by law
SEC .. The Court of Common Pleas shall
be holden by one Judge. who shall be elected
by the voters OF the District. and said Court
shall be open at all times for the transaction
of business. Sundays aud holidays excepted.
Each county now existing or hereafter form-
ed, shall constitute q separate Common Pless
District, and each District shall be known BY
the name Of the county composing the Dis
tIict. 80. r u
SEC. 5. Each District Court shall consist u
one Judge who shall be elected by the voters
OF the district. There shall be elected one or
MOI Judges in each district, and there shall
be held annually not less 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, aud
shall assign to each Common Pleas and Dis
trict Court district, the number OF Judges re-
quired to dispose of the business therein.
Each district shall be composed Of compact
tarr NV n &
nearly equal in population as practicable.
concurrence oflhree-ffths only Of all the men-
bers elected to both Houses, shall be required
for the first appOrtionment or 10 determine
the number of Judges required in each Dis
trict Court and Common Pleas District, un -er
this amendment, but no change shall thereaf-
ter be made without the concurrence OF two
thirds of all the members elected TO 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.
SIC. &. The District Court shall have like
original Jurisdiction with the Supreme Court, 4
and such appellate or other Jurisdiction as may
be provided by law.
SEC s. The General Assembly may provide
by law for Judge pro tempOre. to hold any
court when the Judge thereof Is disqualified
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 hye
years; but the Legislature may provide by law
that any Judge of the Common Pleas Court
shall hold that Court in anv other Common
Pleas district; and that any Judge of the Dis.
trict Court shall hold that court In any other
di strict for that court than the one in which |
be resides; and Judges Of the Common Pleas |
may temporarily exchange districts with eacn |
other; and two or more Common Pleas Courts
may be held at the same time in the same dis |
trict and two or more District Court may be !
hello at the same time in 3 district OF that |
court.
SIC IA The Judges Of the Supreme .;ourt, |
the District Courts, and of the Courts OF Conn., |
mon Pleas shall, at stated times, receive for
their services such compensation as may be I
provided by law, which shall not be increased |
Or DIMINISHED during their term of Office. but /
they shall receive no ICES or perquisitts. nor 7
hold any other Office of trust or profit under
the authority of any State, or OF the United
States. All votes for ,ither of them for any
elective office. except judicial office. under
Ihe authority of this State given by the Gen.
eral Assembly. OF the people, shall be void.
SEC 10 The General Assembly may in
crease or diminish the number Of the Judges
1f the Supreme Court, the number Of the dis
ricls, of the District Courts, the number Of
Judges in any Common Pleas or District Court
district, change any District Court district,
establish other courts, abolish the Probate
Court in any county, or any other Court es-
by law, whenever two-thirds OF the
elected to each House shall concur
herein; but no such change shall yacatt the
,ffice of any Judge. The Court of Common
Pleas provided for in this amendment shall be
he successor of the present Probate Court and
Courts of Common Pleas in each countr. The
District Courts herein provided for, shall be
he successors Of the present District Courts;
l. l,x.as
less, in or appertainIng to said Courts, shall
be transferred 10 their successors under this
the existing Probate Court is
hereby abolished in each county ut the close
# the term for which the Judge thereof was
elected. first occurring after the election OF
md the Clerks in the Courts of Common Pleas
md District Courts, shall be the clerks In the
courts herein provided until their successors
ire elected and qualified; but the Supreme
Court shall appoint its own reporter.
SIC. 16. There shall he elected in each coun-
y by the electors thereof, one Clerk Of the
20 irt of Common Pleas, who shall hold his
,fiice for the term Of three years. and until his
shall be elected and qusliied. He
hall, by virtue of his office, be clerk OF all /
,ther courts of record held therein, but the
General Assembly may provide by law, for
he election of clerk with u like term OF Of
ice, for each or any other of the courts of
'ecord, or for the appointment by the Supreme
conrt of Clerk for that Court.
SEC. Is. The several Judges Of the Supreme
Court, of the District and Common Pleas, and
# such other courts as may be created, shail
have and exercise such power
md jurisdiction at chambers, or otherwise. as
nay be directed by law.
The term OF Office of all Judges Of Common
Pleas and District Courts provided for in this
shall commence on the first Mon
lay in January next alter the. making OF the
1o,l for in iya NJ
lrticle four, and the term OF Office OF all Judges
# the Courts of Common Pleas, in Office, who
we're not elected as Judges under this amend
nent, shall then expire.
No change shall be made by this amendment
n the Supreme Court. or in the Office or term
# any Judge thereof The frst election Of
Judges Of Common Pleas and District Courts
lnder this amendment, shall be held at the
,eneral election for election of State officers
lext after the making OF said apportionment
or District Court districts by the Legislature,
,ut nothing in this amendment shallbe constru-
u to change or alter the Constitution or laws
Until said apportionment is made. Section
even of Article four is hereby repealed, and
ection twenty two shall be numbered section
even.
FORMOF BALLOT.
At said election, the voters desiring to vote
n favor of the adoption Of this amendment,
hall have placed upontheir ballots the words,
'Juulcl6i
he voters who do not favor the adoption OF
,aid amendment shall have placed upon their
,allots the words. Judicial constitutional
Amendment-No."
Adopted April 6, 1877.
Fl. W. CURTIS,
President of the Senate.
o. J. HODGE,
Speaker pro TEN. House Of Representatives.
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 true copy OF an act therein named
passed 5y the General Assembly Of the State
Of Ohio, on the 6:h day OF April A. u: loIi'l
taken from the original rolls on file in thus Of |
fee.