Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-06-21

House JOINT Resolution
Relative toas d Asrit ussnt ef Arti.
cles Fodr una EfevenA A6ft the Con-
stitution, Reorgamizing the Judi
iciary of the State OF Ohio.
Be Il aresolped By the General Assembly Of
the State of Ohio (thEee.ffths Of all the MEM
bers elected 70 each house coneurring 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, to-wit:
That sections, cae. three, fpe sir, eight,
trelre, fourteen, fifteen, sirteea and eighteen,
Of article four. be amended so as to read rs
follows, and section seven, Of article four, and
sections twelve and thirteen Of article eleven,
be repealed: .-.. .,ae.'
.as- ARTICLE Nv.
SEC. 1. The Judicial power OF the State
shall be vested in Supreme CourtsiH District
Courts, Courts Of Common Pleas, Justices OF
the Peace and such other Courts Interior to
the Supreme Court, in one or more counties,
ss the General Assembly may from time To
time establish. The Superior Coarts OF Gin
cinnsti and Montgomery county, rhafl con.
tinue until otherwise provided by law.
SEC 8. 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 and holidays excepted
Each county now existing or hereafter FORM
ed, shall constitute = separate Common Pless
District. and each District shall be known by
the name OF the county composing the DIE
trict -.I ~. .'.-.s y
SEC. 5. Each District Court shall consist or
one Judge, who shall he elected by the voters
OF the district. Taefe shpil beelected one or
mole Jhdges id each distyicE and stlere shsll
be held al nusly, nes less thep three ssess1ons
in esch county jig the Stale The Legislature
shsll divide the STATE ipto District Court dis, dis;
thsil aseiyn TO eSch Gornnion 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
territory, bounded by county lines, and ss
nearly equal In population as practicable A
concurrence OF three-fffhs only OF all the mem
bers eleeted to both Houses, shall be required
for the first apportonmeut. or 10 determine
the number OF Judges re Iuired In each Dis
trict Court and Common Pleas District, unter
this amendment, but no'change shall thereaf-
ter be made without the concurrence Of two
thirds Of all the niembtra elected 10 both
Houses. a -tri l4t- e.l gal r-
Sections twelve and thirteen OF article eleven
are hereby repealed; the repexl 10 take effect
when the Legislature makes the spportion-
ment mentioned in this section.
SKc. 6. The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction may
be provided by law. -..,..-s.
SEC g. The General Assembly may provide
by law for Judge pro tcnipore, TO bold 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 i've
years; but the legislature may provide by law
that suy 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
he resides; and Judges Of the Common Pleas
may temporarily exchange districts with each
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 Courts may be
helc 81 the same time in district Of that
court. .-.5. 3 .u..ll , :
SEC IA. The Judges Of the Supreme court,
the District Conrfk, and OF the,C Courts Of Gem
mon Pleas shall, at stated times, receive for
their services such compensation as may he
provided by law, which shall NOT be ineressed
or diminisEed during their tern Of Office. but
Z
hold any other Office Of trust Or proit uHder
the authority Of any State, or OF the United
States. kll votes for ,ither of them for sny
elective Office, except o Judicial Office. under
the authority Of this State given by the Cen
eral Assembly. or the people, shall be void.
3 SEC Id The General Assembly NAV in
crease OF diminish the pumber of the Judges
Of the Supreme Court, the number OF the dis
tricts, of the District Courts, the numher Of
Judges in any Common Pleas or District Court
district, change any District Court district,
other courts, abolish the Probate
Court in any county. or any other Court es-
by law, whenever two thirds Of the
members elected TO each House shall concur
therein; but no such change shall vacate the
office Of any Judge. The Court of Common
Pleas provided for in this amendment shall be
the successor 0fthe 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 Court;
and all the books, records, papers and busi.
ness, in or appeftaining to said Courts, shall
be transferred 10 their successors under this
the existing Probate Court is
hereby abolished in each county At the close
lf the term for which the Judge thereof was
slected. first occurring after the election OF
Common Pleas Judges under this snieudnient,
and the Clerk, In the Courts OF Common Pleas
and District Courts. shall be the clerks in the
.ourte herein provided until their successors
IRE elected and qualified; but the supreme
Court shall appoint its own reporter. ~
nc. Is. There shall he elected in each ccun-
y by the eisctors thereof, one Clerk Of the
Court ofCommou Pleas, who shall hold his
,fice for the term Of three years, and until his
shall be elected and qualified. he
hall, BY virtue Of his ofice, be clerk OF all
,ther courts OF record held therein, but the
The election Of clerk with 3 like term Of or
Ice, for each or any other of the courts Of
'ecord, or for the appointment by the Supreme
Court OF q Clerk for that Court. 1
SEC. 49,. The several Judges Of the Supreme
Court, OF the District and Common Pleas, and
y such other courts a. may be created. snal.
baye and exercise such power
md Jurisdiction at chambers, or otherwise. as
nay be directed by law.
The term OF ofiice OF all Judges OF Common
Pleas and District Courts provided for In this
shall commence on the irst Mon
lay In January next after the making OF the
provided for In section i've Of
article four, and the term OF Office Of all Judges
If the Courts Of Common Pleas, In Office, who
we're not elected as Judges under this amend
nent, shall then expire. .e1
No change shall be made by this amendment
n the Supreme Court. or in the office or term
II any Judge thereof The first election OF
Judges of Common Pleas and District Courts
inder this amendment, shall be held It the
general election for election Of State officers
lext after the making OF said apportionment
or District Court districts by the Legislature,
nut nothing In this amendment shall be constru-
d to change or alter the Constitutloa Or laws
lntil said spportionment 10 made section |
even Of Article four il hereby repealed, and
ection twenty-five shall be numbered section !
even.
FORMOF BALLOT. y
At said election, the voters desiring to vote
n fxver OF the adoption Of ibis amendment,
hall haye placed upont their ballots the words,
Judicial Constitutional Ameadment-Yes:p
he voters who do net favor ftheS adoption Of
sid xnendment, shall have placed upop their
,xllots the words; Judicial constitutional
Amendment-No." se1rf gggblft
Adopted April G, 1877.
-uaH r9r.sst President Of the Senste.
L1EE itiE6fli 10. J.HoDGE,l Il
speaker pro tenn. House of Representatives.