Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-06-14
House Joint Resolution
Relative to an Amendment A of Arti-
cles Four and Eleven of the Con-
stitution, Iseorganizing tlle Judi
eiary efthe State of Ohio.

1 StttutiOii, ,hcUEktuIZtHEs tIlC - Jul
eiary of the State of Ohio.
Be it resolved By the General Assembly 0
! the State of Ohio (three- ffths of all the mem
bers elected 10 each abuse concurring there
in), That proposition TO amend the Consti
tuition of the State of Ohio. be submitted t
TIE electors ofthe State, on the second Tues
day of October, A D. 1877, as follows, to-wit
That sections, cRe, three, fue siI, eight
ttoetre, fourteen, fifteen, sirieea and eighteen
of article four, be amended 80 rs 10 read q
follows, and section seven. OF article four, ant
sections twelve and thirteen Of article eleven
ARTICLE ~. ZEE
SEC I The Judicial power of the stat,
shall be vested IN Supreme Court in Distrfe
Courts, Courts Of Commen Pleas, Justices o
the Peace and such ofher Courts inferior tC
a The General Assembly may from, time tc
time establish. The Superior Courts OF Gin
cinnati aud Montgomery county. shall con
tinue until otherwise provided by law.
SEC. 5. The Court of Coiniaon 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 fern-
ed, shall constitute u 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 Ct
one Judge, who shall be elected hy the voters
OF the district. Taere 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, and
shall assign to exrh Common Pleas and Dis
trict Court district, the number OF Judges re-
Quired TO dispose of the business therein.
Each distriet shall lie composed Of compact
territory, bounded by county lines, and as
nearly equal In population as practicable A
concurrence of three-fifths only of all the men,
bers elected TO both Houses. shall be required
for the first apportionment. or TO determine
the number OF Judges required in each Dis
trict Court and Common Pleas District. unSer
this amendment, but no change shall thereaf-
ter be made Without the concurrence of two
thirds of all the members elected 10 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. -
SEC. j.. The District Court shall have like
original Jurisdiction with the Supreme Court
be provided by law.
SEC g. The General Assembly may provide
by law for Judge pro tcBapOre. to bold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court
SEC. II. The Judges of the dist ricts 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 by law
that any Judge ofthe Common Pleas Court
shall hold that Court In anv other Conn on
Pleas district; and that any. } udge Of e.Dis.
trict Court shall hold that court In any other
district for that court than the one in which
he resides; and Judges of the Common Pleas
may temporarily exchange districts wilheach
other; and two or more C0mmoH Pleas Courts
may be held at the same time in the same dis
trict, and two or mere District Courl may be
hello at the same time IN district OF that
court. F~ ter@z-azs
SEC a. The Judges Of the Supreme .;ourt,
the District Courts, and of the Courts OF Com
mon Pleas shall, at stated times. receive for
their services such compensation as may be.
provided by law, which shall not be increased
they shall receive ne Sees or perquisites. nor
hold any other Office of trust or profit unter
the authority of any State, or OF the United
States. All vofes for ,ither of them for any
elective office, except n judicial office. under
the authority Of this State given by the Cen
eThi AectnDiys Ut The pcOptc, sutil be Will
SEC. 15.s The General Assembly may IN
crease or diminish the number Of the Judges
Of the Supreme Court, the nunfbef 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 es-
tsw,ashs never tive thirds Of the
toeaeh House shall conrur
therein but no-such change shan vaeatethe
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 county. The
District Courts herein provided for, shall be
The successors Of the present District Courts;
and all the books, records, papers aBd busi-
ness, in or appertainlne to said Courts, shall
De transferred 10 their successors under this
the existing Probate Court is
hereby abolished in each county. at the close
Tthe term for which the Judge thereof was
elected. first occurring after the election Of
Common Pleas Judges under this aniendment,
ini the Cle rk- ia the Courts Of Common Pleas
and District Courts, shall be the clerks in the
courts herein provided until their SUCCESSORS
are elected and qualified; but the Supreme
Court shall appeint its own reporter. s-hfg :
: SEC. IL. There shall be elected in each coun:
ty ythe electors thereof, one Clerk Of the
Co irt OF Common Pleas, who shall hold his
office for the term Of three years. and until his
successor shall be eierteds aud qualified He
shall, by virtue OF his Office, be clerk OF all
other courts of, record held therein, but the
General Assembly MAY provide by law, for
the election ola clerk with alike. term or Of
ice, for each er any other OF the courts Of
record, or for the appointment by the Supreme
Court of Clerk for that Court. ~
SIC. IS. The several Judges Of the Supreme
Court, Of the District and Common Pleas, and
Of such other courts as may be, created. <hali
have and exercise, such poSer-
and jurisdiction at chambers, or otherwise, as
may be directed by law. 81
The term Of Office OF all Judges Of Common
Pleas and District Courts provided for in this
shall commence on the first Mon
day in January uext.atter the making Of the
apportionment provided for in section i've OF
article four, and the term OF Office oil all Judges
Of the Courts of Common Pleas, in Office, who
were not elected as Judges under this amend-
ment, shall then expire. sEE. yHF.0 =
No CHI nge shall be made by this amendment
In the Supreme Court or in theofiice or term
Of any Judge thereof. The first election oi
Judges of Common Pleas and District Courts
under this amendment, shall be held at the
general election for election OF State officers
next afteEfhe making Of said superintendent
for District Court districts by the Legislature,
but nothing in this amendment shallbe constru-
ed to change or alter the Constitution or laws
until said apportionment Is made. Section
seven Of Article four is hereby repealed, and
section twenty-five shah be numbered section
seven.
,FoRMO OF BALLOT .t,E
At said election, the voters desiring to vote
In favcr bf The adoption of this amendment,
shall nave placed upontheir ballots the words,
Judicial Constitutional lAmeadment-Yes;"
the voters who do not favor the adoption OF
said amendment, shall have placed upon their
ballots the words. judicial constitutional
Amendmeut-No." t3htf3 Sc-el
Adopted April 6, 1877.
Nc, Fl. W. CURTIS,
President Of the Senate.
o. J. HODGE,
speaker pro tenn. House of Representatives
THE STATE OF OHIO,
=; OFFICE OFTHESECRKTARY OF STATE. ! .
I. Milton Barnes, Secretary Of State Of the
State of Ohio, do hereby certify that the lore
going Is q true copy Of an act therein named,
passed by the General Assembly Of the State
-. = =. - .-~-~