Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-09-13
House Joint Resolution
Relative to an ) mendment of Arti-
cIeS Four and Eleven of the Con-
stitutiOn, ReOrganizing the Judi
ciary ofthe State of Ohio.

De-s elected 10 eacn mouse cOncuFIlnS lneIe-
I'M, That proposition to amend the Consti-
tuition of the State of Ohio, be submitted to
the electors of the State, on the second Tues
day of October, A. D. 1877, as follows, towit:
That sections, cne, three, fire, sic, eight,
| tlcelre fourteen, fifteen, sixteen and eighteen,
| OF article four, be amended so As TO read a.
! follows, and section seven of article four, and
sections twelve and thirteen of article eleven.
! be repealed:
ARTICLE "
SEC 1. The Judicial power OF the State
shall be vested in Supreme Court, in District
Courts C5urts of Common Pleas, Justices of
| the Peace and such other Courts inferior to
| tne supreme Court. in one or more counties.
| a. The General Assembly may from time to
| time esl ablish. The Superior Courts OF Gin
cnnati and Montgomery county, shall con-
sinue until otherwise provided by law.
| SEC 8. The Court of Comm0n Pleas shall
| be holden by one Judge, who shall be elected
| by the voters OF the District. and said Court
| shall be open dt all times for the transaction
of business. sundays aud holidays excepted
| Each county now existing or hereafter form
, ed, shall constitute separate Common Pleas
| District, and each District shall be known by
the name OF the county composing the Dis
| tIict.
SEC. s. Each District Court shall consist of
| one Judge, who shall be elected by the voters
| Ol the ulslllcI. 1ntfe endii De elected one or
| mol e 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, and
| 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
| territory, bounded by county lines, and as
nearly equal in population as practicable 4
concurrence ofthree- tiff hs only of all the men,
bers elected 10 both Houses, shall be required
| Tor the nrst superintendent. or TO determine
the number Of Judges required in each Dis
| trict Court and Common Pleas District un er
this amendment but no change shall lhereaf-
ter be made without the concurrence of two
thirds of ali the M embers elected TO both
Houses.
Sections twelve and thirteen of article eleven
are hereby repealed: the repeal 10 take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SEC. 6. The District Court shall have like
original jurisdiction with the Supreme Court
and such appellate or other Jurisdiction may
be provided by law.
SEC g. The General A ssembly may provide
by law for Judge pro teHpDre. TO hold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC II. The Judges of the dist ricts andOi
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 anv other Comm on
Pleas district; and that any Judge of the Dis
trict Court shall hold that court IN any ether
district for that court than the one in which
he resides; and Judges of the Common Pleas
may temporarily exchange districts with each
Jther; and two or more Common Pleas Courts
may be held at the same time in the same dis
gf rIptfN M l..i
held at thes same time in a district OF that
court.
SEC IA The Judges of the Supreme .,ourt,
the District Courts, and of the Courts of Com
mon Pleas shalls at stated times, receive for
their services such compensation as may be
provided by law, which shall not be increased
or diminisLed during their term OF office, but
they shall receive no ices or perquisites. nor
hold any other office of trust or profit untcr
the authority of any State, or OF the United
States. All votes for tither of them for any
elective office, except judicial Office under
the authority of this State given by the Gen.
eral Assembly. or the people, shall be void.
SEC 10. The General Assembly nav in
crease or diminish the number of the Judges
OF the Supreme Court, the number of the dis |
tricts, 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 Ps-
tabii>hed by law, Whenever wo-thlrds 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 of the present Probate Court and |
Courts of Common Pleas in each COUNT. The |
District Courts herein provided for, shall be |
the successors OF the present District Courts; J
and all the books, records, papers AMI busi- |
ness in or appertainIng to said Courts, shall |
De- transferred tu their successors under this |
amendment; the existing Probate Court is |
hereby abolished in each county at the close |
Of the term for which the Judge thereof was !
elected, first occurring after the election Of /
Common Pleas Judges under this amendment, |
and the Clerks in the Courts OF Common Pleas |
ai.d District Courts, shall be the clerks in the |
courts her,in provided until their successors |
are elected and qualified: hut the supreme |
Court shall appoint its own reporter.
SIC. l6. There shall be elected in each coun- |
ty by the electors thereof, Clerk of the !
Court of Common Pleas, who shall hold his |
office for the term of three years. AMI until his
successor shall be elected and qualified He |
shall, by virtue of his office be clerk OF all |
other courts of record held therein, but he
General Assembly may provide by law, for |
the election of clerk with like term of of /
flee. for each or any other of the courts of I
record, or for the appointment by the Supreme
Court of a Clerk for that Court.
SEC. Is. The several Judges of The 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 otherwise, as
may 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 NJ on
day In january next after the making of the
apportionment provided for in section five Of
article four. and the term Of Office OF all Judges
of the Courts of Common Pleas, in Office, who
Iudf do
ment. shall then expire.
No change shall be made by this amendment
In the Supreme Court. or in the Office or term ]
of any Judge thereof The first election 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 apportionment
Tor District Court districts by the Legislature,
but nothing in this amendment shallbe constru-
ed to change or alter the Constitution or laws
until said apportonment is made Section
-eVen of Article four is hereby repealed, and
section twenty-five shall be numbered section
seven.
FORMOF BALLOT.
At said election, the voters desiring to vote
IN favor of the adoption Of this amendment,
shall nave placed upon.their ballots the words
Judicial constitutional Amendment-9es:" :"
.he voters who do not favor the adoption of
said amendment, shall have placed upon their
ballots the words, Judicial Constitutional
Amendment-No."
Adopted April 6, 1877.
II. W.CURTIS,
President Of the Senate.
o. J. HODGE,
speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE.
l. 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,