The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-04-13
House joint RESOLUTION,
Relative 10 an Amendment Of
Articles Four snG Eleven of
tie Constitution, Reorganiz-
ing the Judiciary of the Stale
Of Ohio.

BE if resp1re1 6y The t'e.er,d isIens6ly offAe
| STATE Of OtiO (ihIre-iifius ot ali the members
elected To each hOu-- cDuCuTTing therinl,
hat a proposition To sIiIrnd she COnsiItu-
ton OF the state OF Ohio. De >uOihiited 10 the
electors of tie state, Ou - second Tuesday
OF October, A. ID. Is77, a. follows to-wit:
That sections one, three, JiUe Str, et0h flretEe,
fourteen. fteeil, sixteen G,,d eighteen article
four. be amenued 30 as to read a. follows. and
section seven, OF article fnur, aud sections
twelve and thirteen OF article eleven, be re-
pealed:
ARTICLEIV.
SEc. The Judicial power OF the state
| shall be vested in a Supreme Court. in Dis
| trict Courts. Courts OF Common Pleas. JUS
tees of the Peace and such other courts in ie-
rior to the Supreme Court. in one or more
cnu niles. as the General Assembly may from
time 10 time establish. The Superior Courts
OF Cincinnati and Montgomery counties,
shall continue until otherwise provided by
| law.
SEC. 3. The Court OF Common Pleas shall
be holden by one JUdgo. who shall be elected
| by the voters of the District. and said Court
shall be open at ali times for the transaction
\ of business, Sundays and holidays excepted
Each county now existing or hereafter form
| ed,shal constitute seperate Common Pleas
District, and each District shall be known by
the name OF The county comprising the Dis
\ trict.
SEC, 5. Each District COurt shall consist OF
/ one Judge. who sha.i D. elected By the voters
| of the District There shall be elected one or
more judges IN each District, and there shall
| be held annually. not less than three ses-
| sions in each county in the State. The Leg
| is!ature shall divide the State into District
Court districts. not exceeding twenty in
| number, and shall assign to each Com
Pleas and District court distrieI. the number
| ofJudges required to dispose of the business
therein. Ea district Shall be composed OF
compact territory, bOandeh by county lines.
aud as nearly equal in population as practic-
| able A concurrence of three htths only Of
all the members elected To both Houses, shall
be required for the first apDortiorment or To
| determine The number of Judges required in
each District Court and Common Peas Dis
trict, under this amendment, but no change
shall thereafter be made without the cohcur-
| renee of two thirds OF all the members elect
/ ed 10 both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
appOrtionme Mt mentioned In this section.
| SEC. 8. rhe District Court shall have like
original Jurisdiction with the Supreme
Court. and such appellate or other juIisdic-
ton as may be providt by law.
SEC. 8. The General Assembly may pro-
Vide by law for Judge pro tensp9re, TO hold
any court when the Judge hereofis disquali-
fed by sickness or otherwise to hold said
court.
SEC. L. 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
five years; but the Legislature may provide
|
Court shall hold that court In any other
Common Pleas district; and that any Judge
of the District Court shall hold that court In
any ether district for the court than the one
in which he resides: and Judges OF the Com
mon Pleas may temporarily exchange dis
tricts with each other; and two or more Com
time in the same district, and two or more
District Courts may be held at the same
time In a district of that court.
Sac: Il The Judges ofihe Supreme c. urt.
friR rrs md Of faf trrrn-
mon Pleas shall. al stated times, receive for
their services such co upensation as may be
provided BY law, which shall not be increa =
ed or diminished during their term of office.
but they shall receive no lees or perquisities,
nor hold any other Office of trust or profit un-
der the aui ihority of any State, or Of the
United States. All votes for either of them
for any elective ONCE, ,exce pt judicial office,
under the authority OF this State given by
ths General Assembly, or the people, shall
SEC. Is. The General Assembly may in
crease or diminish the number ofthe Judges
OF the Supreme Court, the number II he dis q.
trictsS 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-
bafe Court In any county or any other Court
established by Law, ,wheneve tw0-thirds ofthe
| members q lected to each House shall concur
| therein; but no such change shall vacate the
ONCE ONCE OF any Judge. The Court OF common
] be the successor of the present Probate Court
and Courts OF Common Pleas il each county.
The District Courts herein provided for shall
be the successors OF the present District
4 Courts, and all the books. records, papers
\ and business, in or appertaining to said
Courts, shall be transferred to their success
sors under this amendment: the eXistir 9
| Probate Court is hereby abolished In each
county at the close OF the term for which the
Judge thereofw was elected. first occurring ar
| 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
provided until their successors are elected
and qualified; but the Supreme Court shall
| appoint its own reporter.
SEC. 10. There snail be elected in each
county by the electors thereof, one C,erk OF
the Court of Common Pleas, who shall hold
his offire for the term of thr'e years, and
| nntil his successor shall be elected and quail
| ihed. He shall. by virtue OF his Office. be
clerk of all other cOurtS OF re ord held there-
in, but t;e General Assembly may provide,
! by law, tor the election OF a CLERK with a like
term OF office, for each or any other of the
courts "f record. or for the appointment by
the Supreme Court CT a Clerk for that Court.
SIC Is Theseveral Judges Of the Supreme
Court. OF the District and Common Pleas,
| shall respectively have and exercise sucn
power and jurisdiction at chambers or oiher-
wise, as may be directed by law.
The term OF Office of all Judges of Common
Pleas and District Courts provided for in his
amendment, shall commence on the first
Monday In January next after the making
II the appOrtionn-nt provided for in section
five of article four and the term of Office OF
all Judges of the Courts of Common Pleas i'm
OInce, who were no. elected as Judges under
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court. or in the office
or term OF Any Judge thereof. The first elec-
ton of Judges of Common Pleas and District
Courts under this amendment, shall be held
at the general election for election OF State
officers next after the making of said appor-
tlOnment District (fOnrf districts nv
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 IL here
by repealed. and section twenty-five shall be
numbered section seven.