The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-07-24

g House Joint Resolution
Relatire to ON Amendment o f Articles|
y -Four and ElerSnSf TIE ConstitutioSaT
Reorganizing the sJuaiciary of the
State of Ohio
BE Hresolcedbythe General Asssmttg of ae
State of Ohio, three-fifths of all the fnen ber,
elected to each housefcpncurring therein,
That proposition to amend the Constitution
of the State Of Ohio, be submit ed to tie
electors of the state. on the. second Tuesday
OF October, A. D. 1877, as follows, to wit
4 That sections one, three fire, sir esg1tt tcelps
fourteen, fifteen, srteen and eighteen, 'of article
four, be amended 80 asto read as 70 llows,
and section seven. of article four, and eco.
tions twelve and thirteen OF article eleven
be repealed. .sss{- "A
| ai tyeim3s ARTICLE " aif,sE "a
SEC. l. The Judicial power of the State
shall be vested in a Supreme Court, In Dis
trct Courts, Courts of Common Pleas, Just-j
ces Of the Peace and such other cSurts 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, 8, The court Of Common Pleas shall
be holden by one Judge, wheshall be elected
by the voters of the District, and said Court
shall be open at all times for the transaction
| Of business. Sundays and holiday excepted.
Bach county now existing or hereafter form
ed, shall constitute aseparate Common Pleas
nicfrfof md nfaf-i,f ~ ali
the name Of the county comprising the Dis.
trict. jo,4...., cs s.,,-y.. !. .,t.d -.
SEC. S. Zach District Court shall consist
of one Judge, who shall be elected by the
voters of the district. There shall be elected
one o.. more Judges in each district, and
there shall be held annually not less than
three sessions in each county III the State.
The Legislature shall divide the State. int
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 che business
therein. Each district shall be composed of
compact territory, bounded by county lines
and as nearly equal in population as prasti-
cable. concurrence Of three -fifths oniy 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
| trict, under this amendment, but i,oIchanre
shall thereafter be made without the con.
currence Of two.thirds Of all the members
elected to both Houses, ftf i.,sst teaf :,
| Sections twelve and thirteen. of article
eleven are hereby, repealed; tho repeal to
take effect when the Legislature makes the
apportionment mentioned in this section. 8
| SEC. 6. The District Court shall have like
original Jurisdiction with the Supreme Court
and such appellate or other jurisdiction as
may be provided by law asass iiHeg ~
| SRo.S The General Assembly may provide
by law for a Judge pro tempore, to hold aay
Court when the Judge thereof is disqualified
| by sickness or otherwise to hold said ooort.
! SIC. IL. The Judges Of the districts and
of the Courts of Common Pleas, shall, willis
in Office, reside in the district in which thev
are elected, and their term Of Office shall be.
five years; but the Legislature may provide
by law that any Judge Of the Connmo,
Pleas Court shall hold that court In INV
other Common Pleas district; and that ast
Judge Of the District Court shall hold thst
court in any other district for that court thsa
| the one in which he resides; and Judges Of
the Common. Pleas may temporarily ex-
change districts With each other; and i've or
more Common Pleas Courts may be held at
the same time in the same district, and two
or more District Courts may be held at the
same time in district of that court. 6if'
SEC. ID. The Judges of the Supreme Court.
the District Courts, and of the Court Of Com.
mon Pleas shall, at stated times, receive for
their services such compensation as NAV be
provided by Law, hich shall not be increased
or diminished during their term of Office.
but they shall receive no fees or perquisites,
nor hold any other Office Of trnst or prof.
under the authority Of any State, or Of the
United States. All votes for either Of them
for any elective Office. except a judicial Office.
under the authority of this State given by the
General Assembly, or the people, shall be void.
4 Sec Is. The General Assembly may increase
or diminish the number Of the Judges cf the
Supreme Court, the number of the districts. of
the District Courts, the number of Jndges in
any Common Pleas or District Court district.
j change any District Court district, establish
other courts, abolish the Probate Court in any
county, or any other Court established by law.
whenever two-thirds Of. the members elected 70
4 each House shall concur therein; but no such
change shall vacate the Office of any Jndge.--
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 and business in or appertaining
to said Courts, shall be transferred to their sue.
cessors under this amendment; the existing
l D. - Ill
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 and District Courts, shall be
the clerks in the courts herein provided until
their successors are elected and qualified; but
the Supreme Court shall appoint its own re-
porter. 'isie f.e.7s ~ Dtpsi siGiii' issa
| SEC. 16. There shall be elected in each county
by the electors thereof, one Clerk of the Court
of Common Pleas, who shall hold his Office for
the term of three years, and until his successor
shall be elected and qualified. He shall, by
virtue of his Offices be,clerk of all other courts
of record held therein, but. the General Assex.-
bly, may provide, by law, for the election Of q
clerk with like term of office, for each or any
other of the courts Of record, or for the ap-
pointment by the Supreme Court Of 4 clerk for
that courtDi Us .Geits36 kJiy.9iI 81
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 powers and
jurisdiction at chambers, or otherwise. as may
be directed by law. 81 9 fscl esq n
The termo of Office Of all Judges of Common
Pleas and District Courts provided for in this
amendment shall commence on the first Nom
day in January next after the making Of the
apportionmentproyided for in section fiye of ar
ticle four, and the term of Office of all Judges
of the Courts of Common Pleas, in office, who
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 or
term of any Judge thereof. The first election
of Judges of Common Pleas and District
Courts under this amendment. shall ba held at