Madison County History and Genealogy

History and Genealogy



History of Madison County


Court of Common Pleas


The State was divided into circuits, for each of which a Judge was elected by joint ballot of the General Assembly, whose term of office was seven years. In each county, not less than two nor more than three Associate Judges were chosen in a similar manner and for the same period of service. The President Judge with the Associates composed the Court of Common Pleas of each county, whose powers and duties were defined and time of holding court stated. Under the constitution, this court had common law and chancery jurisdiction with the Supreme Court, while both had complete criminal jurisdiction, as the law from time to time should define. The Associate Judges were empowered to hold special sessions to transact county business whenever such was necessary. The Court of Common Pleas, by an act passed February 22, 1805, had cognizance of all crimes, offenses, etc., the punishment whereof was not capital, and January 27, 1806, an act was passed allowing capital punishment offenses to be tried before this tribunal, at the option of the prisoner, but the decision was final. On the 16th of February, 1810, the several acts organizing judicial courts, defining their powers and regulating their practice, were reduced into one. By this enactment, the decisions of the Common Pleas Court in all criminal cases might be taken to the Supreme Court on error, the former final clause being repealed. The Court of Common Pleas was to consist of a President and three Associate Judges, and were to have original jurisdiction in all civil cases of law and equity where the sum or matter in dispute did not exceed $1,000, and did exceed the jurisdiction of a Justice of the Peace. It also had appellate jurisdiction from the decisions of Justices of the Peace, in all cases in their respective counties. It had exclusive power to hear and determine all causes of a probate and testamentary nature, to take the proof of wills, grant letters of administration, appoint guardians, etc.; also exclusive cognizance of all crimes, offenses, etc., the punishment of which was not capital, and then if the defendant so desired. In 1816, the power of trying the latter class of cases was taken from the Court of Common Pleas, and by many subsequent acts their powers were defined and regulated. In 1831, this court was given exclusive cognizance of all crimes, offenses, etc., the punishment whereof was not capital; also original and concurrent jurisdiction with the Supreme Court of all crimes, offenses, etc., the punishment of which was capital. Thus the judiciary remained with immaterial changes until the adoption of the new constitution, at which time the courts were again re-organized.


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