The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-05-15

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House Joint Resolution
Relative TO an Amendment o + Articles
-Four and Eleven O the Constitutioa
Reoryanising the Judiciary qf tie 1
State Of Ohio iiv '9sia II
Be IL resolced6 By the General Assen6k of ks
State of Ohio, lthree-ffths Of all the members
,lected to each house conourring thereiu.)
That proposition to amend the Consultation
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, hree. Jics sis, eight, ,tecses,
fourteen, fifteen, sirteen and eighteen. Of article
four, be amended 50 as to read as 70 llows,
and section seven. Of article four, and SEQ.
tions twelve and thirteen Of article eleven
be rspt alsd. .,s-... /,
ARTICLE Nv
SEC. /. The Judicial power OF the State
shall be vested in Supreme Court. in Dis ;
trict Courts, Courts Of Common Pleas, Jussi-
ces Of the PeaSe and such other courts infs-
rier TO the Supreme Court, in one or more
counties. a. the General Assembly may from
time to time establish. The Superior Courts
of Cincinnati and Montgomery counties, shall
con+inue until otherwise provided by law,
Sac, 8, The court Of Common Pleas shall
be holden by one Judge, whe shall be slectsd
by the voters Of the District, and said Court
shall be open at all times for the transaction
Of business. Sundays and holidays excepted.
Zach county nov existing or hereafter form
cd, shall constitute aseparats Common Pleas
District, and each District shall Be known By
the name of the county comprising the Dis.
trict. so5Gi gigifs.
SEC. S. Zach District. Court shall consist
Of one, Judge. who shall be elected By The
voters OF the district. There yshall be elected
one or more 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 ths Stats iats
District Court districts, not exceeding twenty
in number. and shall assign to each Commsn
Pleas and District Court districts, the puubsi
Of Judges required to dispose OF ths business
therein. Zach district shall b composed el
compact territory, bounded bv county lines
and As nearly equal in population as prasti.
cable. concurrence Of three 6tths only oi
oil the members elected 70 both Houses ,shsl
be required for the 1rst apportionmsnt, or "a
determine the number Of Judges required II
each District Court and Common Pleas dis
trict, under this amsndment, but no chang
shall thereafter BE- made without the con
surrence Of two.thirds Of al the msmbsrl
elected to both Houses.
+. Sections twelve, and thirssen OF arsiels
eleven are hereby: repealed; ths rspsal I,
take effect when the Legislature makes N,
apportionment mentioned in this section. -
SEC. g.. The District Court shall have Iik,
original jurisdiction with the Supreme Court
and such appellate or other jurisdiction d
may be provided by Law. S1isoG ~ q; spa
SEC. 8. The General Assembly may provid
BY law for aJudge pro. tsmpors, to hold a,
Court when the Judge thereof 10 disquslinst
BY aicknsss or otherwise to hold said court
SEC. IL. The Judges of the districts an,
Of the Courts Of Common Pleas, shall, whil
In Office, reside in the district In which the
are elected, and their term Of once shall b
Eve years; but the Legislature may provid
BY law that any Judge Of the Comuo,
Pleas Court shall hold that court in an
other Common Pleas district; and that an
Judge Of the District Court shall hold ths
court in any other distriot for that court sha
the ono in which he resides; and Judess /,
the Common Pleas may temporarily q
change districts With each other; and two Z
more Common Pleas Courts may be held I
the same time in the same district, and N
, or more District Courts may be held q u
same time In district Of that court.
sso. IA. The Judges Of the Suprsms Cour
the District Courts, and Of the Court Of Con
mon Pleas shall, ct stated times, receive 4
their services such compensation a NAV
provided BY Law, which shall not b. increase
or diminished during their term Of ofRe
but they shall receive no fees or psPcuisits
nor hold any other Office Of trust or pro
under the authority of any ststs, or Of Il
United States AL votes for either Of the
for any elective Office. except judicial ofRe
under the authority Of this State given by d
General Assembly. or the people, shall be vol
SEC. 10. The General Assembly may incres
or diminish the number of the Judges Of 4
Supreme Court, the number Of the districts.
the District Courts, the number Of judges
any Common Pleas or District Court distri,
change any District Court district, sstsbli
other courts, abolish the Probate Court in .,
: county, or any other Court established by In
J whenever two-thirds Of the members elected
each House shall concur therein; but no SD
change shall vacate the Office Of any Judge.
The Court of Common Pleas provided for
this amendment shall be the successor Of 4
present Probate Court and Courts Of Comm,
Pleas in each county. The District Cour
herein provided for. shall be the successors
the present District Courts; and all the boel
records, papers and business. in or sppertainil
to said Courts, shall be transferred to their 81
cessors under this amendment; the exist,
A Probate Court Ia hereby abolished in 81
county at the close of the term for which 4
Judge thereof was elected, first occurring aft
the election Of Common Pleas Judges und
this amendment, and the Clerks in the Con,
Of Common Pleas and District Courts shall
the clerks in the courts herein provided I'M
their successors are elected and qualified: b
the Supreme Court shall appoint its swn
porter. l..-i ,l..st ~ -,
SEC. 16. There shall be elected in each ooun
by the electors thereof, one Clerk OF the Cor
LOT Common Pleas, who shall hold his oiics |
the term Of three years, and until his sucssss
shall be elected and qualified. He shail,
VIEVuo VI ulo VIhCCy Uc CioIk VI Ill Otnof cen
Of record held therein. but the General Asse
bly, may provide. by Law. for the election q
clerk with ike term of Office, for each or .
other of the courts of record, or for the I
pointment by the Supreme Court of Q clerk
that court.
SIC. IS. The several Judges of the Suprel
Court, of the District and Common Pleas, q,
Of such other courts as may be created sb
/, respectively have and exercise such powers n
!. jurisdiction at chambers. or otherwise, % m
be directed by law. ,.srt
J, The term Of Office Of all Judges Of Comm
!. Pleas and District Courts provided for in u
amendment, shall commence on the first Nc
p day in January next after the making of I
b apportionment provided for in section five Of
ticle four, and the term Of Office Of all Juds
1of the Courts Of Common Pleas, in sfiice, "
were not elected as Judges under tkis amen
. tment. shall then expire. e.Ht. rs
No change shall be made by this amen
ment in the Supreme Court, or in the Office
term of any Judge thereof The first electi,
% Of Judges Of Common Pleas and Distr
70 Courts under this amendment, shall be held
!. the general election for election Of State oi
a GERS next after the making of said apportio