« SebelumnyaLanjutkan »
gcant writs of error, supersedeas and certiorari, and also, to said court may grant writs of habeas corpus, for the purpose of an inquiry into issue. the cause of commitment. Sec. 4. That the courts of common pleas shall consist of a
Common please president and three associate judges; and shall have original consist of a pre jurisdiction in all civil cases, both in law and equity, where the sident and three
passociates. sum or matter in dispute exceeds the jurisdiction of justices of Jurisdiction of the peace; and appellate jurisdiction from the decisions of jus- common pleas'. tices of the peace in their respective counties, in all civil cases: they shall have power to examine and to take the proof of Appellate. wills, grant letters testamentary thereon, and to grant letters of administration on intestate's estates, and to hear and deter. Probate. mine all causes of probate and testamentary nature; to appoint
Shall appoint guardians for minors, idiots and lunatics, and to call such
guardians, Fe. guardians to account: they shall have exclusive cognizance of all crimes, offences and misdemeanors, the punishment whereof Cognizance of is not capital; original and concurrent jurisdiction with the crimes. supreme court of all crimes, offences and misdemeanors, the Concurrent. punisiment whereof is capital; and shall have the same power to issue remedial and other process, (writs of error and manda- What writs commus excepted) as the supreme court has; and the presidents of mon pleas may
issue. the courts of common pleas within their circuits, or any associate judge of the court of common pleas, within his county, shall, on good cause shown, have power to allow writs of certiorari, si directed to justices of the peace, to cause their proceedings to be brought before such court, in order that right and justice may be done.
Sec. 5. That the judges of the supreme court, and presidents Judges to i and associate judges of the courts of common pleas, before sworn, they proceed to execute the duties of their respective offices, shall each take an oath or attirmation to administer justice. The oath. without respect to persons, and to do equal right to the poor and to the rich, and faithfully and impartially to discharge and persorm all the duties incumbent on him as a judge, according ontho to the best of his abilities and understanding, agreeably to the sed on commis. constitution and laws of this State; and have the same indor. sion, sed on his commission. Sec. 6. That the supreme court and courts of common pleas,
"? Each court to shall appoint clerks for their respective courts, in each county ; appoint a elerk and each of the said clerks shall, before he enters upon the ex- in each county: ecution of his office, take an oath or affirmation that he will truly and faithfully enter and record all the orders, decrees, Clerks to be
sworn, judgments and proceedings of the said court, and faithfully and impartially discharge and perform all the duties of his said of. The other lice according to the best of his abilities and understanding; and the said clerks shall also severally give bond, with suffi- Clerks to give cient sureties, (to be approved of by the supreme court and bond, the court of common pleas respectively) to the State of Ohio, in the sum of ten thousand dollars, conditioned that he will truly vo
will only Condition or
y bondo and faithfully pay over all money that may be by him received
ged with coun treasurer,
theor shal. 7. That's to the büons and
in his official capacity, and that he will enter and record all the orders, decrees, judgments and proceedings of said court, and
faithfully and impartially discharge and perform all the duties Bond to be lod of his said office; which bond shall be lodged with the county
nty treasurer: and it shall be lawful for the several clerks within Clerks may take this State to take depositions and administer oaths in all matons, fc. ters appertaining to the business of their respective offices.
Sec. 7. That each and every clerk of the respective courts, Clerks to keep shall keep his office at the seat of justice in his proper county: offices at the seat of justice,
d and every clerk failing so to do, shall be deemed and taken to
have resigned the same: Provided, That the clerks of new
counties shall not be required so to keep his office, in less than Except in cases six months after the courts shall have been held at the place of new counties. fixed for the permanent seat of justice; and in case a vacancy Associate judges shall happen in the office of clerk during the vacation, the asmay appoint à sociate judges may appoint a clerk, pro tempore. clerk pro teme
JAMES M. BELL,
SAMUEL R. MILLER,
Speaker of the Senate. February 7, 1831.
AN ACT to regulate the practice of the Judicial Courts.
To be under seal.
Sec. 1. Be it enacted by the General Assembly of the State of
Ohio, That all writs and process issuing from the supreme Writs and pro- court, shall bear test by the chief judge thereof; and all writs $s, how tested. and process issuing froin the courts of common pleas, shall
- bear test by the president of said courts; which said writs “and process shall be under the seal of the court from whence
they issue, and be signed by the clerk thereof: and all writs Style of process and process shall run in the style of “The State of Ohio,
county, ss."; and shall be dated of the day on which the same may issue.
Sec. 2. That the clerks of the several courts shall, on appliClerks to issue notion
ocation of any person having a cause, or any matter, pending in
court, issue subpenas for witnesses, inserting all the names reWho may serve quired by the applicant in one subpæna; which subpæna, any
disinterested person may serve and return: Provided, That the
truth of such service and return, shall be verified by the oath Verification of of the person making the same.
Sec. 3. That any person demanding a writ, shall file a pre
cipe with the clerk of the court, who shall thereupon make out Precipe for a. and deliver such writ as may be required; and in all cases of writ to be filed.
mesne process, he shall indorse thereon the cause of action, Caction, and the amount appearing to be due or sworn to, as the same &c. to be indor. may be stated in the precipe or affidavit, to hold the defendant sed on writ, to bai).
Cause of action,
cure writ to be
entitled to spe. cial bail
Sec. 4. That in all cases where the plaintiff is a non-resident of the county in which the action may be brought, the Non-resident writ of summons, capias ad respondendum, or other mesne p
lendum or other moone plaintiff to pro process, shall be indorsed prior to the delivery of the same to indorsed as secu. the proper officer, by some responsible freeholder resident in rity fur coata. the county; who, by such indorsement, shall be held and bound for the payment of all the costs that may be adjudged against the plaintiff, both in the court of common pleas and supreme court.
Sec. 5. That it shall be lawful, after final judgment render- Judgment to be ed in any such case, for the court, on motion of the defend- rendered againaj,
security for conte ant, his executors or administrators, or any other person having on motio a right to such costs, or any part thereof, (such defendant or other person having previously given ten days' notice of such Ten days notice
womens hanfondant of such motion motion,) to enter up judgment in the name of such defendant, i his executors or administrators, against such surety, bis execu- seention therm tors or administrators, for the amount of costs adjudged against on, as in other the plaintiff, or so much thereof as may be due and unpaid; on cases. which judgment execution may be issued, for the use and bene. fit of the persons entitled to such costs, as in other cases. Sec. 6. That the plaintiff shall be entitled to have special in
In what caseg bail in all actions brought on any covenant, bond, sealed bill, plaintiff' shall be promissory note, due bill, bill of exchange, or article of agreement, for the payment of any sum of money certain, and in all actions brought on other contracts, by which the sum due, or damages sustained, shall appear to be uncertain, but which the plaintiff, or his agent, shall swear, by affidavit, to be filed in the cause, are not less than one hundred dollars; and the plaintiff shall have special bail in all other cases in which the court, in term time, or any judge thereof, in vacation, shall, from the particular circumstances, order such special bail to be given.
Sec. 7. That if two or more persons are bound, jointly or Suits against jointly and severally, by any bond or writing obligatory, bill of persons jointly
or jointly and seexchange, promissory note, or other contract, and the persons so verally bound, bound shall reside in different counties, it shall be lawful for may be brought the plaintiff, in any action to be brought on any such bond, where eithey writing obligatory, bill of exchange, promissory note, or other ligor resides, and contract, to file with the clerk of the court of the county in which either of the persons so bound shall reside, and against or counties, whom a writ of summons or capias ad respondendum shall
executed and rehave been directed, a precipe, directing that a summons or ca- turned as in othpias ad respondendum be issued to the sheriff or coroner ofer cascs. the county or counties, in which such other person or persons, so bound as aforesaid, may reside, or may be found, who shall issue the said writ or writs as by said precipe shall be directed: and the sheriff or other officer shall execute and return the same, in the same manner, and under the same penalties, as if the capias ad respondendum or summons had issued from the clerk of the court of his county; and the court to whom such writ is returned, shall proceed in the same manner thereon, as
n the county
process issued to the other county
which shall be
unon pleas, by
fail to take bail, or bait be insuffi
if it had been returned by the sheriff of their own proper county.
Sec. 8. That whenever any recognizance shall be returned Recognizances to any court of common pleas, by a justice of the peace, or returned to com other officer authorized to take such recognizance, a memoranjustices, to be dum thereof shall be entered in the minute book of the court; entered in mi. whereupon the same shall be considered as of record in such nute book, and proceeded on as court, and proceeded on by process issuing out of said court, af original in said in the same manner as if such recognizance had been entered
into before such court: and the same recognizance shall be made out, and recorded in full, in the book of records of said court, in the same manner as recognizances taken in such court.
Sec. 9. That special bail shall be filed on the return day of bail shall be put the capias ad respondendum, or on the succeeding day.
Sec. 10. That if special bail be not put in and perfected in If not put in, how due time, the plaintiff may proceed on the bail bond, or rule plaintiq may the sheriff to bring in the body of the defendant.
Sec. 11. That if upon capias ad respondendum, the sheriff, or Te the officer or other officer, return, “I have taken the body," or, “I have taken ecuting a capias, the bodies,” (as the case may be,) and shall not return bail, and
bail, a copy of the bail bond; or if the bail taken by such sheriffor cient, he may be officer, shall, in the opinion of the court, be insufficient; or the ruled to bring in defendant shall fail to appear and give special bail within the the body; and on failure, may be time above specified: the court, on motion, shall rule such
sheriff or officer to bring in the body of the defendant, within the term; and if he fail so to do, the sheriff or other officer shall be amerced by the court, in any sum not exceeding the plaintiff's debt or demand, with costs; which amercement shall have the same force and effect as a judgment: Provided, neter.
theless, If such sheriff or other officer shall cause special bail to Excused on put be put in, and justified, is justification be required, during the ting in special bail.
same term, he shall be excused from bringing in the body, and no amercement shall be entered against him on the said rule.
Sec. 12. That if any sheriff, when ruled so to do, shall bring Defendant in the body of the defendant, such defendant shall be commit. brought in by. ted; and upon entry of such committitur, the plaintiff may sheriffon rule, to be committed." proceed in the action, and declare against the defendant as in
Sec. 3. That the sheriff, in order to save himself, may put. hail may put in in special bail for the defendant, without his consent; and the special bail with: bail of such sheriff may do the same, for their indemnity. defendant. Sec. 14. That if special bail be entered during the first or Exceptions to second days of the term to which process is returnable, excepbail, when to be tion shall be taken, and entered thereto in the clerk's docket,
during the said term, of which exception a written notice shall Notice of excep. be served on the defendant, or his attorney of record; and, in served, such case, the defendant shall procure his bail to justify, in
eight days exclusive, after such exception and notice as aforebail shall justify, said, or add other bail, who shall justify within said eight days:
and whien bail is filed on the first or second day of the term, an
Sheriff and his
out consent of
tion to be served.
In what time
tion, or putting
exception entered after the expiration of the said term, shall be of no validity. .
Sec. 15. That two days' notice of the time of justification two days notive of bail, or of putting in new or additional bail and justification of the justifica thereof, shall be given by the defendant or his attorney, to the in plaintiff or his attorney, exclusive of the day it is given; and if given. Sunday intervene, three days' notice shall be given.
Sec. 16. That if the bail do not justify at the time appoint- Bail not iustifver ed, they shall be considered out of court; and when they do ing in time, out
of court; justify justify, and are allowed, an order of such allowance shall be in
ing.copy of order drawn, and a copy thereof served on the plaintiff or his attor-to he served on dey.
Sec. 1". That the recognizance of special bail shall be to the effect following:
Form of recognita (A, B.)
zance of special
County, to wit:
G. H. and E. F., of the county of personally appeared before J. K., one of the judges of the supreme court of the State of Ohio, or one of the judges of the court of common pleas, in and for the county of
, or clerk of the supreme court of the State of Ohio, or clerk of the court of common pleas, in and for the county of, (as the case may be), and severally acknowledge themselves to owe unto A. B. the sum of
(double the sum indorsed on the writ,) to be levied on their several goods and chattels, lands, tenements and estates; upon condition that if the defendant, C. D., shall be condemned in this action, at the suit of A. B., the plaintiff, he shåll pay the costs and condemnation of the court, or be rendered, or render himself, into the custody of the sheriff of said county, for the same; or, in case of failure, that the said G. H. and E. F. will pay the costs and condemnation for
Taken and acknowledged, the day and year above written, before me, J. K.
And that on acknowledging the aforesaid recognizance, the bail piece shall be to the effect following, to wit:
STATE OF OHIO: Supreme court (or court of common pleas,) of the
day of . , in the year of our Lord one thousand eight hundred and
, C. D. Form of bail of the county of
1, is delivered to bail on a cepi corpus, unto G. H. and E. F. of the said county, at the suit of A. B., in a plea of debt or trespass, on the case, (as the case may Attest:
S. W., Clerk. Sec. 18. That in actions which are, or shall be instituted in.