Imágenes de páginas
PDF
EPUB

a term of said Court commencing on the first Monday of July next; Provided, said July term shall not continue beyond the nineteenth day of said month; and all process issued out of said Court, returnable to the next June term, and all notifications to appear at said term, shall be considered as if originally made to the April term herein provided. The act to amend the act entitled an act to amend the act establishing a Superior Court in the city of Cincinnati, passed March eighth, one thousand eight hundred and forty-five, is hereby repealed.

JAMES C. JOHNSON,

Speaker of the House of Representatives.
AARON PARDEE,

President of the Senate pro tempore.

February 26, 1852.

AN ACT

To amend the act entitled an act to amend the act creating the Commercial Court of Cincinnati, passed March 22d, 1850:

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be a term of the Commercial Court of Cincinnati, commencing on the first Monday of April next, and a term of said court, commencing on the first Monday of July next; Provided, that said, July term shall not continue beyond the nineteenth day of said month; and all process issued out of said court, returnable to the next May term, and all notifications to appear at said term, shall be considered as if originally made to the April term herein provided. The first section of the act to amend the act creating the Commercial Court of Cincinnati, passed March 22d, 1850, which reads as follows: "That hereafter there shall be a term of the Commercial Court of Cincinnati, to commence on the first Monday in May in each year, and so much of the act establishing the said Court, passed February 4th, 1848, as requires it to hold terms on the first Monday of April, and first Monday of July in each year, be and the same is repealed," is hereby repealed. JAMES C. JOHNSON,

Speaker of the House of Representatives.
AARON PARDEE,

President of the Senate pro tempore.

February 18, 1852.

Establishment

of an exclusively Criminal Court.

By what name known.

One judge to hold court.

Term of office.

when.

AN ACT

To create a court of Criminal Jurisdiction in Hamilton County.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That in the county of Hamilton, there shall be, and is hereby established, a court of criminal jurisdiction, exclusively, in addition to the courts of record already provided for by the constitution.

SEC. 2. That said court shall be known by the name of "the Criminal Court of Hamilton county," and shall hold such terms, and try such cases, of a criminal nature, as are hereinafter provided.

SEC. 3. That the said court shall be held by one judge, whose term of office shall be five years, and who shall be elecHow elected & ted by the qualified electors of the said county of Hamilton, at the same time and in the same manner that the judges of the court of common pleas are elected in said county, except the first election, which shall be held on the first Monday in April, 1852; and the judge so elected on the first Monday of April, one thousand eight hundred and fifty-two, shall hold his office His salary, oath, until the second Monday in February, 1857. Said judge shall

removal.

Of what said Court shall have jurisdiction.

Seal.

receive the same salary, take the same oath of office, and be removed for the same causes, as the judges of the court of common pleas.

SEC. 4. The election for said judge, and the returns thereof, shall be the same in all respects, as in the election of the judges of the court of common pleas.

SEC. 5. That said criminal court shall have full and complete jurisdiction of all crimes, offences and misdemeanors committed in said county of Hamilton, to the same extent and in the same manner that the several courts of common pleas in other counties of this State, shall, or may have jurisdiction or cognizance of, in like cases; and the court of common pleas shall have no jurisdiction in said county of Hamilton, concurrent with said criminal court, of any matter or cause the jurisdiction whereof is by this act conferred upon said criminal court, at any time hereafter, except to complete and carry into final execution, causes and matters already pending in said common pleas court.

SEC. 6. That said criminal court shall have a seal, provided at the expense of said Hamilton county, by which all precepts and ministerial and judicial acts shall be authenticated; said seal shall have the same device as the seals of the court of common pleas, except there shall be engraved around the margin thereof, in addition to the name of the proper county, the words "Criminal Court," instead of the words "Common Court to keep a Pleas;" and said court shall keep a journal and record of its judicial proceedings, agreeable to the laws of this State, now, or hereafter enacted, regulating the practice of judicial courts;

journal and rec

ord.

clerk.

and the clerk of the court of common pleas in said county of Who shall be Hamilton, shall be the clerk of said criminal court, and shall receive such compensation for his said services, as may hereafter be provided by law.

ties and fees.

SEC. 7. That the sheriff of said Hamilton county, shall Sheriff, his du serve and execute all process to him directed by the judge of said criminal court; and it is hereby made the duty of said sheriff, or his deputy, to attend said court under the direction of the judge thereof; and said sheriff shall receive for his service of process of said court, such fees as may be provided by law, and shall be subject to fine and amercement for neglect or refusal to discharge the duties required of him.

SEC. 8. That said criminal court shall have power to com- Powers of said pel the attendance of jurors, parties and witnesses in said Court. court; to assign counsel for defendants in criminal cases, when they are unable to employ counsel, and to determine the amount of compensation said counsel shall receive; to appoint ministerial officers and agents of said court, and determine the amount of compensation for their services; to administer oaths, punish for contempts, declare forfeitures, entertain motions, pronounce sentences, render judgments, order into custody, admit to bail, or discharge any person charged with, or held to answer for any offence cognizable in said criminal court, or for contempt of court; to prescribe rules of practice; to issue writs; and in every respect to administer justice in all things within the jurisdiction of said criminal court, by whatever means, precepts, process, or proceeding, it shall be lawful for any court of record in this State, to do in the exercise of like jurisdiction, in like cases; and the mode of procedure, process and pleadings in said criminal court, shall be substantially the same as in other courts of record in this State, having like jurisdiction.

when held.

SEC. 9. That a term of said criminal court shall be held, Terms of Court, commencing on the first Monday in May, A. D. 1852, and terms of said court shall be held, commencing on the first Monday of each and every month thereafter.

SEC. 10. That there shall be drawn and summoned to at- Jury. tend the court of common pleas, at any term thereof, to be held in the said county of Hamilton, after the passage of this act, so many jurors only as shall be required to serve as petit jurors, at such terms; but the grand jury within and for said county, with all its powers, duties and qualifications, is, by this act, transferred to the said criminal court of Hamilton county. SEC. 11. That at least fifteen days prior to the commence- Same subject. ment of each term of said criminal court, the clerk of said court shall proceed to draw from the jury box, in the manner prescribed by law, the names of twenty-seven jurors, the first fifteen of whom shall be summoned to serve as grand jurors, and the remaining twelve of whom shall be summoned to serve as petit jurors in said criminal court, at the next term thereof; and said clerk shall forthwith issue a venire to the sheriff ac

Same subject.

torney, his du

sation.

cordingly; Provided, always, that if, in the opinion of the judge of said criminal court, the business of said court will not require the attendance of a grand jury at any term, he shall give notice in writing, to the clerk, who shall file and deposit the same in his office, and which shall excuse the clerk and sheriff from drawing a grand jury for the next succeeding

term.

SEC. 12. That all general laws of this State, which are or shall be in force, providing for or regulating the number, qualifications, selection, drawing and empanneling of grand and petit jurors, to serve in the several courts of common pleas of this State, not inconsistent with the provisions of this act, shall be construed and understood to have reference and application to the criminal court of said Hamilton county. Prosecuting At- SEC. 13. That it shall be the duty of the Prosecuting Atty and compen- torney of said county of Hamilton, to prosecute for and in behalf of the State of Ohio, all suits, complaints and controversies pending in said criminal court; and the annual compensation to be allowed to said Prosecuting Attorney, shall hereafter be determined by the judge of said criminal court, at the first term thereof in each year. And the said criminal court Assistants, by shall have the sole power to appoint assistant prosecutors, and ed, and comper to fill all vacancies in the office of Prosecuting Attorney in said allowed. county, and to determine the amount of compensation each shall receive for his services in said court, in the same manner that the courts of common pleas may do in other counties in this State.

whom appoint

sation, by whom

In case of inabi

lity of criminal

hold court.

SEC. 14. That should the judge of said criminal court be judge, who shall prevented by sickness, or disqualified from interest, such as having acted previous to his election as counsel in any cause brought before, or pending in said court, then, in such event, one of the judges of the court of common pleas of Hamilton county, shall hold said court during the hearing of such cause

Bonds and recognizances.

Grand and petit jurors.

or causes.

SEC. 15. That all bonds and recognizances, taken and entered into before justices of the peace, or other examining courts in the county of Hamilton, in any criminal matter whatever, shall hereafter be conditioned for the appearance of parties or witnesses in the criminal court of Hamilton county.

SEC. 16. That the number of persons to be annually selected to serve as grand and petit jurors in said county of Hamilton, shall be apportioned, selected and returned, as is or may be provided by law.

SEC. 17. This act shall take effect from and after the passage thereof.

JAMES C. JOHNSON,

Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.

March 12, 1852.

AN ACT

Regulating Appeals to the District Court.

what cases, and

taken.

SEC. 1. Be it enacted by the General Assembly of the State Appeals, in of Ohio, That appeals may be taken from all final judgments from what in civil cases at law, decrees in chancery, and interlocutory courts, may be decrees dissolving injunctions rendered by the Court of Common Pleas, the Superior and Commercial Courts of Cincinnati, and the Superior Court of Cleveland, in which said courts have original jurisdiction, by any party against whom such judgment or decree shall be rendered, or who may be affected thereby, to the district court; and the cause so appealed shall be again tried, heard and decided, in the district court, in the same manner as though the said district court had original jurisdiction of the cause.

appeal to be en

given.

SEC. 2. The party desirous of appealing his cause to When notice of the district court, shall, at the term of the court in which the tered upon the judgment or decree was rendered, enter on the records of record and bond the court, notice of such intention, and shall, within thirty days after the rising of such court, give bond, with one or more sufficient sureties, to be approved by the clerk of the court, or any judge thereof, in the penalty and with the condition hereinafter provided.

crees,and appeal

SEC. 3. In all cases in which the judgment or decree is Judgments, depersonal against any party for the payment of money only, the bonds. penalty of the appeal bond shall be double the amount of such judgment or decree; in all other cases, including cases in which the judgment or decree is against any party for nominal damages and costs, or for costs only, the court shall, at the time of the rendition of the judgment or decree, ascertain and fix the penalty of the appeal bond, to be given in the event of an appeal, at such reasonable amount as shall, in the opinion of the court, be sufficient to cover any probable loss, damage or injury, which the other party or parties may sustain by the delay, and the costs and damages which may be awarded in the appellate court; each appeal bond shall be payable to the adverse party, or otherwise, as may be directed by the court, where the conflicting interests of the parties require it; and shall be subject to a condition to the effect that the party appealing shall abide and perform the order and judgment of the appellate court, and shall pay all moneys, costs and damages which may be required of, or awarded against said party, by such court.

SEC. 4. In all cases when the interest of any party desir- When a separate ing an appeal, is separate and distinct from that of the other ppeal may be party or parties, and he shall be desirous to appeal the part of the case in which he is interested, it shall be so allowed by the court, and the penalty and condition of the bond shall be fixed accordingly; and the court shall take such order as to

« AnteriorContinuar »