A Secretary of State a Treasurer, and an Attorney General arc alao elect'ed at the same time, for the aame term.
An Auditor is elected once in fonr years. If any of theae offices become vacant, the goyernor appoints incumbents to serve till the next general election, after thirty days occnrs, when a successor is elected for a full term.
The Judicial Power.
7. The Supreme Court consists of five judges, elected by the people for five years. The judgea are so classified that one goes out of office each year. It has original jurisdiction over writs of quo warranto, mandamus habeas corpus, and pro cedendo, and a large ar+e'llate juriadiction by writs of error from inferior courts. It may issue writs of error and certiorari in any criminal case, and eupersedeas in any case, and all writs', not provided for, which are necessary to enforce the administra tion of justice. Writs of error, certiorari, habeas oorpus, and supersedeas may be issued by the judge in vacation.
The District Court ia composed of one judge of the supreme court and the judges of the common pleas court for the district in which the court is held. One session at least of this court is to be held annually in each county, or at least three ses eions annually in three places in the district. It has. like original and appellate jurisdiction with the supreme court upon writ of error granted by the supreme court, or aome judge thereof in vacation.
The Court of Common Pleas is composed of three judges, elected by the people in each of the nine districts iuto which the state ia divided, for the term of five years. izel2 of these nine districts is divided into three parts, following county-lines, and as nearly equal as possible; and in each of these sub-districts one judge is elected. Courts of CO.M111013 pleas are to be held by one or more of these judges ; and more than one common-pleas court may be held in the district at the same time. Thia court has original jurisdiction of all civil causes where the matter in controveray exceeds one hundred dollars, and a service, personal or by attaohment of property, can be made in the county or where the property in question is situated in the county. This court has also almoat exclusively the criminal jurisdiction, with the exception of a petty jurisdiction exercised in some instancee by looal police courts. It has a supervisory jurisdic tion in cases of distribution of decedents' property Iv the probate courts. Acts 1857, p. 202. It may effectuate tho intentions of parties, by ouring defect ive inetruments. Aete 1859, p. 40. It exercises appellate jurisdiotion also of cases brought from justices of the peace and all other inferior judicial tribunals. A writ of error lies from thie court to
the district court.
S. A Probate Court ie held in each county by a probate judge, eleoted for three yeare by the people of the county. This court has jurisdiction in pro bate and testamentary mattera, the appointment of adminietrators and guardians, the settlement of the accounts of executors, administrators, and guardians, and such jurisdiction in habeas corpus, the iasuing of marriage licenses, and for the sale of land by executors, administrators, and guard ians, and such other jurisdiction, in. any county or eountiee, as may be provided by law.
A very extensive jurisdiction is now exercised over the administration of truats upon assignments made by failing debtors for the benefit of their creditors, and over judgment debtora who are accused of secreting their effeete.
Superior courts have been establiehed, under au thority of the constitution, in Cincinnati, Colum bus Dayton, and Cleveland, whose jurisdiction in civil causes is concurrent with the courts of com mon pleas within their respective territorial limits. Their decisiona are aupervieed by the supreme court, by writ of error allowed by that court, or by one of its judgea in vacation.
Jurisprudence.
The common law of England is the basis of the civil law of this atate, modified by the judicial rejection of that part which ia "inapplicable to the condition of the people of Ohio." The body of the general laws is contained in Chase's Statutes of Ohio from 1787 to 1833, three volumes, and in Curwen'a Revised Statutes from 1833 to 1861, four volumes. No attempt has ever been made to ar range or claasify the great mass of local legislation, including the charters of banks, turnpikes, rail. I roads, and manufacturing companies, the bound aries of counties, sales of school lands, note for the relief of private persons, and others of a kin dred nature ; and complete editions of these latter laws have now become very rare. A compendium of the laws in force has been published (1860) by Messrs. Swan Ss Critchfield, which, with Curwen's Revised Statutes, now constitute the ordinary w orks of reference in Ohio upon questions involving the present state of legislation.
The criminal law of tbe state is wholly statutory, and there are no offences recognized as comnion. law offences. The formal distinction between actions at law and in equity is abolished. Actions are brought by a petition stating the facts of the ease.