Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1884-02-29
CIVIL. COURTS.
rnit Text OF Representative Bargar's Bill
to Provide for tho Organization of
CIrcuit Courts

A bill to provide for tho organization OF Cir
cult Courts, and adopt existing legislation
section ]. BE II enacted by the Gcnernl AS
iombly of the State of Ohio, That the following
sectlons Of the Revised Statutes Of Ohio, TO
s005, be supplemented as follows;
Section f4fa. The State shall bo divided into
zen circuits, of which the county OF Hamilton
ihnll constitute the first circuit.
The counties of Brown, Clermont, Butler,
Preble, Montgomery, Warren, Green, Clinton
and Fayette, shall constitute the Second cir
The counties of Darke, Mercer, Auglaize,
Shelby, Miami, Clarke, Champaign, Logan,
Hardin, Morrow, Union and Madison, shall
constitute the Third circuit.
The counties of Van Wort, PauldIng, Den.
ance, Williams, Fulton, Henry, Putnam, Han
cock, Allen, Wood and Lucas, shall constitute
! The counties OF Adams, Highland. Ross,
Pike. scioto, vinton, Jackson, Lawrence,
gallia, Melgs and Athens, shall constitute the
rho counties of Pickaway, Franklin, Dola.
ware, Licking, Fairfield, Hooking, Perry and
Muskingum. shall constitute the Sixth cir
cult.
The counties of Morrow, Knox, Coshocton,
Holmes, Wayne, Ashland, Richland, Huron,
Seneca, Wyandot and Crawford, shall consti-
Tho counties of Ottawa, Sandusky, Eric,
Lorain and Cuyahoga shall constitute the
Eighth circuit,
The counties of Washington, Morgan, Mon
roe, Noble, Belmont, Guernsey, Harrison, Car
roll, Tuscarawns and Stark shall constitute
the Ninth circuit
The counties of Jefferson, Columbiana, Ma
honing, Portage, Summit, Medina, Trumbull,
Geauga, Lake and Ashtabula shall constitute
the Tenth circuit.
Sec. 447b The Circuit Court shall be held
by three judges. n majority of whom, compe.
tent to sit, shall be necessary to pronounce n
decision, or enter an order, Judgment. or de-
cree. Such court shall bc known "a the Cir
cult Court of - County; and all process is
sued therefrom shall be entitled: "The state
of Ohio, Circuit Court OF - County Din each
Sec. 4Tc. The first election for Circuit
Judges shall be held on tho second Tuesday
of October, 1884; Mt which time three Judges
shall be elected in each circuit by the quail.
fed electors thereof; and said election shall
be held and returned in all respects rs provid-
ed for the election of Common Pleas Judges;
and the returns thereof shall be certified to
and commissions be issued as provided by law
in the case of Common Pleas Judges.
T. Sec. AID. Immediately after the result of
the first election for Circuit Judges shall he
ascertained, the Governor and Secretary of
state shall determine by lot the terms of such
Judges, so elected in each circuit. SO that one
shall hold office for two years, one for four
years, and one for six years from the 9th day
of February, 1886; and every two years there
after, at the election for State and county
officers, one Circuit Judge shall be elected in
each circuit for the term of six years; and the
Circuit Judges SO elected at the first election
sna s eG1h Gnhhiity on the sh day Of February lSs
services an annual salary of $1,000, payable
quarterly, out of the State Treasury, upon the
proper warrant of the Auditoro of State, which
shall not be increased or diminished during
his term of office; and he shall receive no fees
or perquistes nor hold any other office of
trust trust or profit under the AUTHORITY of this
any such Judge for any elective office except
the judicial Office under the authority OF the
state State given & by the General Assembly or the
Sec. 447e That the seal of the Circuit Court
Shall be of the dimensions of the seasIof the
courts of Common Pleas, surrounded by the
words, "The Circuit Court of Ohio, -
County" lin each case insert the name of the
proper county) and shall be procured and
furnished by the Secretary of State rs the
same may be from time to time necessary;
and the expense thereof shall be paid out OF
for stationery.
Sec. Asa. The Circuit Court, In addition to
the original Jurisdiction conferred npon 1t by
article I, section 8 of the Constitution, may,
on good cause shown, issue writs of super
cedeas in any case And all other writs not
specially provided for, nor prohibited by
else of its jurisdiction in the due admins
'tration of Justice.
Sec, 449a. If the judges of the Circuit Court
are not in attendance on the first day of any
prescribed term, the clerk shall enter such
fact on record, and thereupon the sheriff shall
declare such court adjourned till the sue.
,ceed1ng day, and in like manner from day to
day for three days, and If the court is not
opened within three days, all matters pending
therein shall stand continued until the next
term, and no action or matter shall abate or
be discontinued thereby.
Sec. 449h. When from any cause the Circuit
Court shall fail to be held in anyicounty, at the
time prescribed by law, the court may take
cognizance of any action pending therein, if
the parties agree, in any county of their cir
cult, as is usual in cases taken under advise
ment, and certify its action back to the proper
county for entry and record, and two terms of
the Circuit Court shall be held in each county
in each year.
g
ure to hold n prescribed term of the Circuit
such county shall, ii the business OF such
therein at as early ri perod as is hoa
thirty days previous notice of the holding
Of such special term shall be given by publi-
eral circulation in said county, which notice
shall be given and certified by the Clerk of the
Court of such county.
Sec. 45lb. The,Circuit Judge of each circuit
having the shortest term to serve not holding
his office by appointment or election to NIL
vacancy, shall be the presiding judge of such
circuit, and as such shall preside at all terms
of the Circuit Court of such circuit. and in
case of his absence, the judge having in like
manner the next shortest term to serve shall
preside in his stead. And the Circuit Court
may make and publish rules of practice in
their respective circuits, as they may deem
expedient, not in conflict with law or the rules
of the Supreme Court.
Sec. 452a. All cases brought in or taken to
the Circuit Court shall be entered on the
docket In the order in which they are COM
menced, received or fled, and they shall be
taken up and disposed ofin the same order;
but in cases where the persons seeking relief
are imprisoned, or have been convicted of a
felony; cases involving the validity of any
tax levy or assessment made; cases involving
the constitutionality of n statute; cases in.
volving public right In quo warranto, manda-
mus, procedendO or habeas corpus may be
taken up in advance of their assignment or
order on the docket And where a case is
dismissed or otherwise disposed of by the
court and again comes into the court 1t shall
be taken up as If 1t had not been taken from
the docket.
Sec 453a. The Circuit Court may when the
business requires 1t, continue q term in any
county beyond the time allowed for such
Sec. asa. When Circuit Judge is interested
In any cause or matter pending in the Circuit
Court of any county of his circuit, or is re-
has in lower court sat in the same same cause cause or or
proceeding. or is otherwise disqualified to sit
In such cause or matter. he shall be trans
ferred for the time being by the court to
another circuit in exchange for Circuit
Judge who is qualified to sit In the trial or
hearing of such cause or matter
SEQ. 454b. The Circuit Judges of each circuit
October. issue their written order to the Clerk
of the Circuit Court of each county of their
respective circuits. fixing the time of the
Court in each county in such circuit for tho
next year, and any order 80 made may be
changed or amended by an amendatory or
supplemental order issued TO such clerks by
said judges, and the Circuit Court shall be held
for the year covered by such order or orders
at the time 1xed therein. And the Clerk of the
Circuit Court on receipt of any such order
or orders shall Immediately enter the same
upon the journals of the Circuit Court. and
such entries shall be sufficient evidence as 10
the legal terms for holding the courts as
therein ordered, and such clerk shall cause n
certified copy of such order or orders TO be
published in one or more newspapers of gen.
eral circulation In such county once a week.
on the same day of the week, for three con,
secutive weeks. Provided. that the Circuit
Judges elected at the first election shall meet
on the tenth day of February, 1885, and fix the
terms OF the Circuit Court In the several
counties OF their respective circuits In manner
as aforesaid for the year 1885.
Sec. 45ic. The Chief Justice of the Supreme
Court may, whenever satisfied that the bust
ness OF any circuit requires it, direct any Cir
cult Judge to hold court In circuit other than
the one Ia which such judge resides.
Sec 46id. ANY party to an action or pro-
eeeding pending In the District Court on the
9TH day OF February, 1886, who, In such action
OF, proceeding, shall have given bond, under
taking, or recognizance, conditioned upon the
Judgment, order or decree of the district
Court, shall, within thirty days thereafter
give an additional bond, undertaking, or
recognizance, according to law, SO as TO make
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