The constitution of 1851 provided for the re-organization of the judiciary, to consist of the Supreme Court, District Courts, Courts of Common Pleas, Probate Courts, Justices of the Peace, and such other courts inferior to the Supreme Court as the Legislature may from time to time establish.
This tribunal consistsof five Judges, to be chosen by the electors of the State at large, whose official term is five years. Its sessions are held in Columbus, and its original jurisdiction is limited to quo warranto, mandamus, habeas corpus, procedendo, and such appellate jurisdiction as has been provided by law, extending only to the judgments and decrees of courts oreated and organized in pursuance of the constitutional provisions. It has power when in session to issue writs of error and certiorari in criminal cases, and supersedas in any case, and all other writs which may be necessary to enforce the due administration of justice throughout the State. It has also power to review its own decisions.
The new constitution provided for the division of the State into judicial districts, and each district into subdivisions. In each subdivision one Common Pleas Judge was to he chosen by the qualified electors therein, who must he a resident of said subdivision, but the Legislature can increase the number of Judges whenever such becomes necessary. The State was divided into nine judicial districts. The counties of Adams, Brown and Clermont formed the First Subdivision, Highland, Ross and Fayette the Second, and Pickaway. Franklin and Madison the Third Subdivision of the Fifth Judicial District. In April, 1858, the Tenth Judicial District was Created, abolished in 1862, and again created June 7, 1879. On the 29th of March, 1875, a law was passed cutting the Third Subdivision in two, and thus creating an extra subdivision in the Fifth Judicial District; but the act was subsequently declared unconstitutional by the Supreme Court, although the Judge elected under said act was allowed to serve his full term. In May, 1878, an act was passed re-districting the State into five judicial districts, but the same decision of the Supreme Court applied to this act. and it never took effect. The constitution confers no jurisdiction whatever upon the Court of Common Pleas, in either civil or criminal cases, but it is made capable of receiving jurisdiction in all such cases, yet can exercise none until conferred by law. It has original jurisdiction in all civil cases, both at law and in equity, where the sum of matter in dispute exceeds the jurisdiction of Justices of the Peace, and appellate jurisdiction from the decision of County Commissioners, Justices of the Peace, and other inferior courts in the proper county in all civil cases; also of all crimes and offenses except in eases of minor offenses, the exclusive jurisdiction of which is invested in Justices of the Peace, or that may be invested in courts inferior to the Common Pleas. It also has jurisdiction in cases of divorce and alimony. Three terms of the Court of Common Fleas are usually held in each county annually.
These tribunals are composed of the Judges of the Court of Common Pleas of their respective districts and one of the Supreme Judges, any three of whom is a quorum. For the purposes of the District Courts the nine judicial districts are divided into circuits. Its sessions are held once a year in each county, but the Judges have power to appoint special terms for good cause This court has original jurisdiction with the Supreme Court and appellate jurisdiction from the Court of Common Pleas of all eases in equity in which the parties have not the right to demand a trial by jury; and orders dissolving injunctions in certain cases. The district courts have power in certain cases to allow injunctions and to appoint receivers, also to review their own decisions.
The jurisdiction of Justices of the Peace in civil cases, with a few exceptions, is limited to the townships in which they reside. They, however, have authority co-extensive with their respective counties, among other things, to administer oaths; to take acknowledgments of instruments of writing; to solemnize marriages; to issue subpoenas for witnesses in matters pending before them; to try actions for forcible entry and detention of real property; to issue attachments and proceed against the effects and goods of debtors in certain cases, and to act in the absence of the Probate Judge in the trial of contested elections of Justice of the Peace. Under certain restrictions, "Justices of the Peace shall have exclusive original jurisdiction of 'any sum not exceeding $100, and concurrent jurisdiction with the Court of Common Pleas in any sum over $100 and not exceeding $300." Justices are conservators of the peace and may issue warrants for the apprehension of any person accused of crime, and require the accused to enter into a recognizance with security, or in default of bail commit him to jail to answer before the proper court for the offense. Persons accused of offenses punishable by fine or imprisonment in the jail, brought before the magistrate on complaint of the injured party and who plead guilty, may be sentenced by the magistrate or be required to appear before the proper court for trial.
The establishment of Probate Courts under the constitution of 1851, together with the powers and duties of said office, will be found under the head of Probate Judges, in the chapter on public officials, to which we refer the reader.