The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-09-18

Relative to On amendment of articles
-Four and Eleren of the Constitution
Reorganizing the Judiciary Of the
State Of Ohio.
Be tresoloed By the General assembly of tie
State Of Ohio, (three-ffths Of all the members
elected to each house Concurring therein.)
That proposition to amend the Constitution
Of the State Of Ohio, be submitted to the
electors of the state. on the second Tuesday
of October, A. D. 1877, as follows, to wit
That sections one three fce, sic, cight,tueloe,
fourteen fifteen, sirteen and eighteen. of article
four, be amended so as t6 read as follows,
and section seven, Of article four, and SEQ
tions twelve and thirteen Of article eleven
he repealed.
ARTICLE ",
SEC. l. The Judicial power of the State
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas, Justi-
ces of the Peace and such other courts infe-
rior to the Supreme Court, in one or more
counties. as the General Assembly may from
time to 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 Judge, whe 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 aseparate Common Pleas
District, and each District shall be known by
the name of the county comprising the Dis.
trict.
SEC. S. Each District Court shall consist
of one Judge, who shall be elected by ths
voters of the district. There shall be elected
one or more Judges in each district, and
there shall be held annually not less thar
three sessions in each county In the State.
The Legislature shall divide the State into
District Court districts, not exceeding twenty
in number.and shall assign to each Common
Pleas and District Court districts, the number
of judges required 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 praoti.
cable. A concurrence of three -ifths only Of
all the members elected to both Houses. shall
be required for the first apportionment, or to
determine the number Of judges required in
each District Court and Common Pleas dis.
triot, under this amendment, but no change
shall thereafter be made without the cen.
currence of two.thirds Of all the members
elected to both Houses,
| Sections twelve and thirteen of article
eleven are hereby repealed; the repeal "a
take effect when the Legislature makes tn,
apportionment mentioned in this section.
SEC. 6. The District Court shall have lik,
original jurisdiction with the Supreme Court
and, such appellate or other jurisdiction a.
may be provided by law.
SEC. 8. The General Assembly may proyid,
by law for a Judge pro tempore, to hold an,
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court
SEC. l2. The Judges of the districts AND
of the Courts of Common Pleas, shall, Will,
in office, reside in the district in which the,
are elected, and their term of office shall b,
five years; but the Legislature may provid.
by law that any Judge of the Common
Pleas Court shall hold that court in an,
other Common Pleas district; and that any
Judge Of the District Court shall hold tha
court in any other district for that court thar
the one in which he resides; and judges 0
the Common Pleas may temporarily ex
change districts with each other; and two O.
more Common Pleas Courts may be held a
the same time in the same district, and tw
or more District Courts may be held at th
same time in district of that court.
SEC. IA. The Judges of the Supreme Cour,
the District Courts, and of the Court of Com
mon Pleas shall, at stated times, receive fo
their services such compensation as NAV b
provided by law,which shall not be increase
or diminished during their term of ofac,
but they shall receive no fees or pernrisite!
nor hold any ether Office of trust or prof
under the authority of any State, or of th
United States. All votes for either of ther
for any elective Office. except judicial ofic,
under the authority of this State given by tb
General Assembly, or the people, shall be yoit
Sec. Is. The General Assembly may increas
or diminish the number Of the Judges of th
Supreme Court, the number of the districts, Z
the District Courts, the number of Judges i
any Common Pleas or District Court distric
change any District Court district, sstablis
other courts, abolish the Probate Court in an
county, or any other Court established by Law
whenever two-thirds of the members elected 1
each House shall concur therein; but no sue
change shall vacate the office of any judge
The Court of Common Pleas provided for il
this amendment shall be the successor of th
present Probate Court and Courts of Commo
Pleas in each county. The District Court
herein provided for. shall be the successors q
the present District Courts; and all the books
records, papers and business, in or appertainin
to said Courts, shall be transferred to their sut
cessors under this amendment; the existiu
Probate Court is hereby abolished in eac
county at the close of the term for which th
Judge thereof was elected, first occurring afte
the election of Common Pleas Judges unde
this amendment, and the Clerks in the Court
of Common Pleas and District Courts, shall b
the clerks in the courts herein provided unit
their successors are elected and qualified; bu
the Supreme Court shall appoint its own re
porter. $50 s
Sec. 16. There shall be elected in each count
by the electors thereof, one Clerk of the Cour
of Common Pleas, who shall hold his Office fo
the term of three years, and until his successo
shall be elected and qualified. He shall, b
virtue of his Office, be clerk of all other court
of record held therein, but the General Assem-
bly, may provide, by law, for the election of
clerk with like term of Office, for each or an
other of the courts of record, or for the ar
pointment by the Supreme Court of clerk fc
that court
SEC. Is. The several Judges of the Suprem
Court, of the District and Common Pleas, an
of such other courts as may be created sba
respectively have and exercise such powers an
jurisdiction at chambers, or otherwise, as ma
be directed by law.
The termof Office of all Judges of Commo
Pleas and District Courts provided for in thi
amendment, shall commence on the first MOI
day in January next after the making of tt
apportionment provided for in section five of Al
ticle four, and the term of office of all Judge
of the Courts of Common Pleas, in Office, VIII
were not elected as Judges under this amend
ment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court or in the Office q
term of any Judge thereof. The first election
of Judges of Common Pleas and Distric
Courts under this amendment, shall be held a
the general election for election of State off
GERS next after the making of said apportion
ment for District Court districts by the Legis
lature, but nothing in this amendment shal
be construed to change or alter the Constitu
ton or laws until said apportionment. Sec
ton seven Of Article four is hereby repealed
and section twenty-five shall be numbered sec
| tion seven. M
FORM 0F RATJOTT -