court, is sent down again to the same court to be proceeded in there, where it appears to the superior court that it was removed on insufficient grounds.

The constitution limits the original jurisdiction of the supreme court to the four great writs we have just been considering. The General Assembly, however, has authority to confer appellate jurisdiction upon it.

The statute provides that the supreme court when in session shall have power to issue writs of error and certiorari in criminal cases, and supersedeas in any case, and all other writs which may be necessary to enforce the due administration of justice throughout the State.

Certiorari is the name of a writ commanding an inferior court to certify and return the record of its proceedings to a higher court.

Supersedeas means to suspend, set aside, or stay. In law it is a writ or command to suspend the powers of an officer in certain cases, or stay proceedings under another writ.

When the supreme court is not in session, either of its judges have power to grant writs of certiorari, habeas corpus, and supersedeas.

The appellate jurisdiction of the supreme court, that is, the jurisdiction by virtue of which that court takes cognizance of appeals from inferior tribunals, extends only to the judgments and decrees of courts created and organized in pursuance of the provisions of the constitution.

The judge whose term of office first expires, who was not elected to fill a vacancy, is the chief justice of the court.

The supreme court is required by the constitution to hold at least one term each year. Its sessions are held at Columbus.

Questions-For what purposes are judicial tribunals provided? In what courts is the judicial power of the State vested? Of how many judges is the supreme court composed? What is their term of office ? What original jurisdiction has the court? What is meant by quo warranto? In what cases is the writ employed? Mention some of the cases wherein quo warranto proceedings are had? What is meant by mandamus? For what purpose is the writ used? What is the meaning of habeas corpus? What is the office of the writ? What is procedendo? Has the supreme court any other than original jurisdiction? What writs may be issued by the supreme court? What is meant by certiorari? By supersedeas? For what purpose is the writ used? What writs may the judges grant, during vacation? What is meant by appellate jurisdiction? To what does the appellate jurisdiction of the supreme court extend? What judge is chief justice? How often, and at what place, are the terms of the supreme court held?

CHAPTER XL.

OF DISTRICT, COMMON PLEAS, PROBATE, SUPERIOR, AND MUNICIPAL COURTS.

The State is divided into nine common pleas districts. Each of these districts has from one to five judges, whose term of office continues for five years.

The district court consists of the judges of the common pleas of their respective districts, and one of the judges of the supreme court.

For the purposes of the district courts the nine common pleas districts are divided into five judicial circuits.

The district court is held annually once in each county. This court has the same original jurisdiction as the supreme court.

Appeals may be taken from the common pleas to the district court from all final judgments, orders or decrees, in civil actions, 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.

The courts of common pleas have original jurisdiction. in all civil cases, both at law and in equity, where the sum or 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 offences except in cases of minor offences, 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 pleas are usually held in each county each year.

Probate courts are established in each county. Their duties pertain chiefly to the settlement of the estates of deceased persons, though some other powers are confer. red on this court by law.

Persons often have reduced to writing what disposition they wish made of their property, and what they desire to be done after their death. This writing the person signs his name to, or authorizes some one else to

nesses.

sign it for him in his presence; and at his request, two other persons sign their names to the instrument as witThis instrument is called a will. A will, therefore, is "the legal declaration of a man's intentions of what he wills to be performed after his death." A will is sometimes called a testament.

These wills are proved before and recorded in the probate court.

Probate courts have jurisdiction in the appointment. of guardians, and are required to direct and control their conduct, and to settle their accounts; to grant marriage licenses, and licenses to ministers of the gospel to solemnize marriages; to make inquests respecting lunatics, insane persons, idiots, and deaf and dumb persons, subject by law to guardianship; to make inquests of the amount of compensation to be made to the owners of real estate, when appropriated by any corporation legally authorized to make such appropriation; and to try contests of election of justices of the peace.

Probate courts have power to administer oaths; to take acknowledgments of instruments required by law to be acknowledged; and to take depositions.

They may exercise jurisdiction in the sale of lands on petition by executors, administrators and guardians, and the assignment of dower in cases of sale; in the completion of real contracts on petition of executors and administrators; and may issue writs of habeas corpus, and inquire into and determine the validity of the caption and detention of persons brought before them on such writs.

Jurisdiction is conferred upon probate courts in some of the counties in this State, of certain crimes and misde

meanors, and provision is made by law regulating the practice before the court in such cases.

In some of the larger cities of the State, "superior courts" have been established, whose jurisdiction within their respective cities is nearly the same as that of the common pleas.

Other courts of limited jurisdiction are also established in cities and villages, whose duties are chiefly confined to causes growing out of alleged violations of the laws or ordinances of their respective municipalities.

Some of these municipal courts have jurisdiction similar to that of justices of the peace.

Questions-Into how many common pleas districts is the State divided? How many judges are there for each common pleas district? What is their term of office? Of what judges is the district court composed? How many circuits are there in the State for the district courts? How often is the district court held ? What is said of the jurisdiction of the district courts? Of common pleas courts? How often are the terms of the common pleas court held? What court is established in each county? To what do the duties of the probate court chiefly pertain ? What is a will, and what is said of it? What is said of the jurisdiction of probate courts? Of the establishment and Jurisdiction of other courts?