Tit. IV, Ch. 3. Judges of that COURT OF COMMON PLEAS. $$ 452-455. term within the same year; and should important business arise in the court which can not be disposed of for want of time, the judges thereof may hold a special term of the court, at such time as they may determine, on giving thirty days' notice thereof within the county; and the judges shall, at the same time, determine whether they will call a jury, and have the process returned to said special term, and shall notify the clerk and sheriff thereof; and upon receiving such notice the clerk and sheriff, respectively, shall draw and summon a jury for such special term, in the manner provided by law in other cases, and return all process to such special term, except in cases of sales of land wherein sufficient time for its execution has not elapsed since the issuing thereof. [52 v. 3, § 2.] SEC. 452. The judges of that county may adopt and publish rules county may adopt of practice to be observed in said court, if such rules do not conflict with the rules adopted by the supreme court. [52 v. 3, $ 3.] rules of practice. District court may prolong its term. Proceedings when judges of district court interested. Reservation of cases to the supreme court. SEC. 453. The district court may, when the business so requires, continue its term in any county beyond the time allowed to such county. [46 v. 24, § 1.] SEC. 454. If in any cause or matter pending in the district court any two or more of the judges holding the court are interested in the event thereof, such cause or matter shall be removed, under the order of the court, to the district court in the nearest county of an adjacent district for trial, and shall be proceeded in to trial and judgment in all respects as if the same had originated in the county to which the same has been removed. [50 v. 67, § 17.] SEC. 455. When an important or difficult question arises in a proceeding pending before the district court in any county, the judges of the district court, or the judge of the supreme court sitting in the district court, may, on motion of either party, cause the same to be reserved and sent to the supreme court for its decision; and all other questions as to which the judges of the district court are equally divided in opinion shall, on motion of either party, in like manner be reserved and sent to the supreme court for determination. [50 v. 67, § 5.] 455. Only important and difficult questions of law should be reserved to the supreme court, and the facts should be found by the district court, or ascertained by an agreed statement of the parties, Hubble v. Rennick, 1 Ố. S. 171; Jenkins v. Pearson, 1O. §. 381; Wilson v. Hamilton, 4 O. S. 723; Ogborn v. Taylor, 6 O. S. 199. Upon a bill of review reserved to the supreme court by the district court, the whole case is before the supreme court; and if the parties die, or defendants have not been served with process, or have assigned their interest after decree below and before bill of review filed, the supreme court may permit a supplemental bill and amendment to be filed therein, alleging such assignment or decease of parties, and issue process to bring the proper parties before the court. Grant v. Ludlow, 8 O. S. 1. The statute authorizing reservation is constitutional. Chase v. Waskburn, 2 O. S. 99. SEC. 456. The court of common pleas shall have original jurisdic- Jurisdiction of tion in all civil cases where the sum or matter in dispute exceeds the common pleas. exclusive original 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, subject to the regulations provided by law. It shall have original jurisdiction of all crimes and offenses, except in cases of minor offenses, the exclusive jurisdiction of which is vested in justices of the peace, or that may be vested in courts inferior to the common pleas: provided, however, that in all criminal cases where a person is indicted and tried in the court of common pleas for an offense properly cognizable therein, and he is found guilty of any such minor offense embraced within the terms of the indictment, the jury shall so return in their verdict, and the court shall thereupon proceed to pass the sentence prescribed by law, in such case. [52 v. 73, § 5.] Terms of common pleas and district fixed annually by the judges of courts shall be each district, and held accordingly. SEC. 457. The judges, or a majority of the judges, of the court of common pleas in each common pleas district, shall, on or before the first day of November, in each year, issue their written order to the clerk of the court of common pleas in each county in such district, fixing the day of the commencement of each term of the district and common pleas courts, in each county in such district, for the ensuing year; and any order so made may be changed or amended by an amendatory order made and issued by them to the several clerks of the district; and the courts shall be held for the year covered by such order or orders at the times so ordered. [62 v. 12, §§ 1, 2, 5; 64 v. 235, § 7.] SEC. 458. The clerk of the court of common pleas of each county, Clerk of court to on the receipt of any such original or amendatory order, shall imme- enter order on diately enter the same upon the journals of the common pleas and district courts in such county, and such entries shall be sufficient evidence as to the legal terms for holding the courts as therein ordered; and And publish same such clerk shall also cause a copy of the order, certified by him, to be in newspaper. published in one or more newspapers of general circulation in such county (for such time as the judges in such order may direct), the first publication to be made the first week after the receipt of such order: provided, that not less than three terms of the court of common pleas shall be held in any county each year. [62 v. 12, § 4; 64 v. 235, § 9.] journal: to secretary of SEC. 459. At the time of making and issuing any original or Copy of order amendatory order under the provisions of the foregoing sections, the shall be forwarded judges making such order shall cause a copy thereof to be forwarded to state. the secretary of state, who shall forthwith thereafter cause copies of the list of the times of holding the common pleas and district courts, so fixed for each judicial district, to be made out, and one copy thereof to 456. The amount claimed determines the jurisdiction, Norton v. Hart, 1 O. 154; Jenney v. Gray, 5 O. S. 45; Brunaugh v. Worley, 6 O. S. 598; but not as against an officer of whom a justice has no jurisdiction. Ford v. Parker, 4 O. S. 576. The common pleas as a probate court under the old constitution had no chancery jurisdiction. Gilliland v. Sellers, 2 O. S. 223. Tit. IV, Ch. 3. Adjourned terms COURT OF COMMON PLEAS. SS 460-466. be forwarded to each judge of the court of common pleas of the district. [62 v. 12, § 3.] SEC. 460. When the state of business in any court of common of common pleas. pleas is such as to render it necessary, such court may hold an adjourned term for the purpose of completing the business of the regular term, notice thereof having been first entered upon the journal of the court at the regular term at which the adjourned term is appointed. [53 v. 45, 8.] Special terms may be held. The business of a SEC. 461. Any judge of the court of common pleas may appoint and hold a special term of such court when the same, in his opinion, is necessary, in any county in his subdivision; and in such case the judge shall issue his order for such special term to the clerk of the county wherein the same is to be held, at least three weeks prior to the commencement of such term, and the clerk shall forthwith cause the order or notice of the holding of such term to be published in some newspaper in such county, or of general circulation therein. [53 v. 45, $8; 63 v. 54, § 1; 50 v. 96, §§ 1, 2.] SEC. 462. In ordering a special term the judge may designate what special term may business will be transacted thereat, and he may direct whether a jury or juries shall be summoned. [63 v. 54, §§ 2, 3.] be limited by the order for same. Terms of common pleas in Hamilton county. Powers and duties. of judges of Hamilton county. Authority of pres ferred in Hamil ton county. In Cuyahoga a year: SEC. 463. The regular terms of the court of common pleas in and for the county of Hamilton shall commence on the first Monday of January, the second Monday of May, and the first Monday of November, in each year. [52 v. 3, § 1.] SEC. 464. The judges of the court in that county may sit separately or otherwise, as they, at any time, deem expedient, and may prescribe the mode of keeping and authenticating the minutes of proceedings had before them, or any of them; and may, at the beginning of each term, and at all times thereafter when necessary, classify and distribute among themselves, for trial and determination, the business pending in the court, as they deem most convenient to the public interests; and may, from time to time, adopt and publish rules of practice, regulating the docketing of causes and motions, the return of process, the time and manner of filing pleadings, the entering and opening of defaults, the setting of causes and matters for trial or hearing, and also such other matters of practice as are necessary for the advancement of justice and prevention of delay, not inconsistent with the laws of the state, causing all such rules to be entered on their journals. [50 v. 82, $ 2.] SEC. 465. Any authority conferred upon the president judge of ident judge trans- the court of common pleas, in the county of Hamilton, as heretofore organized by any laws, not inconsistent with the constitution of this state, may be exercised by any one of the judges of the court of common pleas in and for that county, as now constituted. [50 v. 82, § 7.] SEC. 466. There shall be five terms of the court of common pleas county five terms in Cuyahoga county each year, commencing on the first Monday of January, March, May, September, and November; and the judges thereof shall have power to classify and arrange the business therein, and to assign to each of the judges such portion of the business therein as may be thought proper, and which business of the court may be disposed of by all or any number of the judges sitting together, or each sitting separately; and the judges of the court may make such rules and regulations for the government of the officers of the same as may be proper for the efficient transaction of the business thereof. [72 v. 105, § 4.] And judges to classify and distribute business among them. 2460. Since adjournments to a distant day are, in general, highly impolitic, if the journal entries leave it doubtful whether an additional term was intended, or merely to adjourn the regular term to a distant day, the former construction will be preferred. Harris v. Gest, 4O. S. 470. SS 467-471. COURT OF COMMON PLEAS. certain in next Tit. IV, Ch. 3. SEC. 467. When a jury has been impaneled for the trial of any Adjournment of cause, or when any cause is on trial in the common pleas court in the trials to a day county of Cuyahoga, and it is deemed proper, by reason of the term. approaching termination of any term thereof, to continue and adjourn such trial to the next succeeding term, it shall be lawful for the court to order and direct that the trial be adjourned to a day certain, on which day the case shall proceed and be disposed of as if the trial had commenced at such succeeding term. [72 v. 105, S 5.] SEC. 468. The judges of the court of common pleas, in each dis- Apportionment trict of the state, or a majority of them, shall, except as otherwise pro- of judicial labor. vided by law, at the time they fix the terms of the district courts and courts of common pleas in their respective districts, having previously ascertained, as near as practicable, the probable amount of business in each of the counties of the district, apportion the labor of holding the common pleas courts of such district, as equally as may be, among the judges of the district; and the judges, when they issue their order fixing the terms, shall specify therein what terms, or parts thereof, of the common pleas shall be held by each judge, in accordance with such apportionment; and in arranging the division of labor, as aforesaid, they shall, as far as necessary, so arrange the same as to have courts held by judges in counties in which the judges holding the same are not residents or professionally connected with the business therein; and not less than two hundred and forty days of open session of the court of common pleas shall be held by each judge during the year, unless all business assigned to him is sooner disposed of. [72 v. 38, § 1.] SEC. 469. The judges shall, at the same time, and in the same order, designate one of their number to supervise the execution of the aforesaid order, and when he receives satisfactory information that by reason of illness or other disability of any judge of the court of common pleas who has been assigned to hold the term or a part thereof in any county, is unable to perform such duty, or when an unusual amount of business occurs in any county over and above the business in other counties of the district, which was not taken into consideration in apportioning the labor, the judge so assigned to such supervising duty shall designate and assign any judge or judges of the district who may not be for the time being engaged in holding any court, to the discharge of the duties of such disabled judges during the time of such illness or disability, or to aid in trying and disposing of such unusual labor which was not considered in making the apportionment, so far as may be; and thereupon such judge so designated, upon receiving notice thereof from the judge. so assigned to such supervisory duty, as aforesaid, shall proceed to hold the courts, to the holding of which he or they have been thus assigned. [72 v. 38, § 2.] The judges shall designate a supervisory judge who shall see to the execution of such order. session to finish SEC. 470. The court of common pleas in any county may continue Common pleas its session beyond the time fixed for the commencement of a term may protract its in the next county, to be attended by the same judge when such contin- cause, the trial of ued session is necessary to finish the trial of any cause, or to receive a verdict, or pronounce judgment in any cause, the trial of which has been commenced during the term. [46 v. 24, § 2.] SEC. 471. The judges of the court of common pleas of Hamilton county may appoint a suitable person as interpreter, who shall take an oath of office, and hold his position at the will of the judges, and shall, under the direction of the court, or any judge thereof, interpret the testimony of witnesses, and translate any writing necessary to be translated in the court, or in any cause therein, and perform such other services as are required by the court or any judge thereof. [74 v. 68, $$ 1, 2.] which is com menced. Interpreter may be appointed by common pleas in Hamilton county. Tit. IV, Ch. 3. He shall also interpret for district, superior, and probate courts. Compensation. Cost thereof shall be taxed. In certain coun reporters shall be appointed. COURT OF COMMON PLEAS. SS 472-479. SEC. 472. The interpreter shall, without any extra compensation, render such services in the district court, superior court, and probate court, in that county, as the judges of any of these courts require. [74 v. 68, §3.] SEC. 473. The interpreter shall receive for his services a compensation to be fixed by the judges appointing him, not to exceed twelve hundred dollars per annum; and the auditor of the county is authorized to draw his warrant upon the county treasurer therefor, who shall pay the same out of any fund not otherwise appropriated. [74 v. 68, §4.] SEC. 474. The clerk of the court in which such service is rendered, shall tax in the cost bill in every case, to be collected as other costs, the sum of three dollars per day for the services of such interpreter, where his services are required, and the fees shall be paid into the county treasury to the credit of the county fund. [74 v. 68, § 5.] SEC. 475. The judges of the courts of common pleas in all counties ties stenographic in this state containing cities of thirty thousand inhabitants or over, by the last federal census, shall appoint two stenographic reporters skilled in their profession, to be the official stenographers of such courts, and in all other counties, when, in the opinion of the court, the business requires one, who shall hold their office for the term of three years from the date of their appointment and until their successors are appointed and qualified, unless they, or either of them, be removed by the judges for neglect of duty, misconduct, or incompetency, and where there now is or hereafter may be a superior court in such county, the judges of such court and of the court of common pleas in such county, shall jointly make the appointments herein provided for: such official stenographers shall take an oath that they will faithfully discharge the duties of their office; but in counties not having cities of thirty thousand inhabitants or more, the per diem of such stenographers shall not exceed seven dollars, no part of which shall be paid out of the county treasury except in criminal cases, but shall be taxed as other costs. [75 v. 142, § 1.] Their oath. They shall also be stenographers of district and probate courts. When party requests it, the court may order full report of the testimony. Fees of stenographers, and how paid. a SEC. 476. Official stenographers, when so appointed, shall be exofficio the stenographers of the district and probate courts of such counties. [75 V. 142, 1.] SEC. 477. Upon the trial of a cause in any of such courts, if either party to the suit, or his attorney, requests the services of the official stenographers, the presiding judge may grant the same, or, upon his own motion, order a full report of the testimony or other proceedings, in which case the official stenographer shall cause accurate short-hand notes of the oral testimony or other proceedings to be taken, which notes shall be filed in the office of the official stenographers, and preserved; but before such order is made, upon application to the court by either party, the plaintiff or defendant requesting the services of such official stenographer is required, as a condition precedent, to pay or secure to be paid, the per diem fees, as hereinafter provided for. [75 v. 142, § 2.] SEC. 478. The fees of the official stenographers, for attendance in court and taking notes, as herein provided, shall be not exceeding ten dollars per diem for each day actually employed in taking notes, which fees shall be paid out of any funds not otherwise appropriated in the treasury of the county in which the courts are held; and the clerk of the court shall certify the number of days of attendance of the official stenographers in such cases, which certificate shall be a sufficient voucher to the auditor of the county, upon which he shall draw his warrant upon the treasurer of the county, and when so paid such fees shall be taxed and collected as other costs in the case. [75 v. 142, §2.] SEC. 479. When short-hand notes have been taken in any cause, as herein provided, if the court or either party to the suit, or his attor |