Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-05-08

The fund. out Of which the expenses and com
PenssIion Of such successor in Office shall be
paid
April 8, 1856.
Il N. II. VAN WORRIES,
! Speaker Of he House Of RepreseAtqtiues.
TH0S. H. FORD.
/ President Of tie Senate.
mo. 139 AN ACI.
/ Relating 10 Common Schools.
WHEREAS certain boards Of Education organi-
zed.under an act for the better regula-
tiOn Of Public Schools in cities, towns &c ,
passed Februyry 2l, l849, and certain
boards Of education organized under an
act to provide for the reorganization super.
vision end maintaiosnce Of common schools.
passed March i4th 1883, acting undei. said
acts have by agreement between said boards
under the act passed February 81, lS49, and
the boards under the act passed March IA,
1853. made annexations and transfers Of terri
tory to and from the districts provided for in
said acts respectively for the promotion Of
education, according to the true intent and
meaning of said acts, and whereas, doubts
exist as to the legality Of such annexalons
and transfers Of territory therefore.
Section /. Be It enacted By tie General rs.
serabty Of tie STATE Of Ohio, That all anne1a
tOns or transfers ofterritory 10 or from the dis
tricts provided for in the said act passed Feb.
ruary 81, 1919, and in the said act, passed
March IA, 1858, made pursuant to said acts
respectively, and the agreement Of the Boards
Of education organized under said acts respect.
lively, heretofore made or agreed upon. or which
shall hereafter be thus made or agreed upon,
shall be held to be as valid as il the same had
been specially and more particularly provided
for in said acts or the acts anne adatory thereto.
Section 2. Be it further enacted that the
boards Of education Of any township and the
boa.ds Ct education Of any city, or Incorpora.
ted village or union school distric ct created BY
any law ofthis State, shall have power accord
ing to the general provisions OF said act passed
March II, 1853, by mutual agree ment beta
the township board and the city or village
board 10 transfer territory to or from the respect
i've districts under the control OF said respect
i've boards.
Section 8. That this act shall be in force
from aud after its passage.
NH. VAN WORRIES,
| e T.. Z d.
THOMAS H. FORD,
President ofthe Senate.
April 10Th 1856.
mo. 1881 ANACr
To amend an act passed February 20, 1856,
entitled "sn act 10 establish a code Of civil
procedure, passed March IL. 1853.
SECTION /. BE 1t enacted By the General As
sen6iy Of tie State Of Ohio, That section three
hundred aRd thirteen, of an act entitled "au
act to establish code Of civil procedure"
passed March II, 1853, as amended by said
act passed February 20, 1856. be so amended
as to read as follows: Section 313 No party
shall be allowed to testify by virtue Of the pro-
|
the adverse party is the executor or admins
traitor of a desceased person, or the guardian Of
child or children of deceased person. when
the facts to be proven transpire1 before the
death Of such deceased person, and are not tes-
tilted to by said child or childred, except to
testify to the validity of books of account of
not more than eighteen months Standing
The deposition Of party shall not be used in
his own behalf, unless the legal notice required
in the casas where dispositions are to be ia.
ken, shall also specify that the dispositions to
90 taken is that of the party Provided, that
If the disposition Of party be taken ia any
pending suit,and such party shall die before the
trial thereof it shall be lawful for the opposite
party to testify as to all matters contained in
said disposition, if the same be offered in evi.
dence.
Section 2. This act shall be applicable to
all civil actions and proceedings now pending
and undecided, which have been commenced
since the taking effect of an act entitled an act
TO establish code of civil procedure, passed
March II, 1853.
Section 8. That nothing in Section 9l3 shall
be construed so as to prevent aparty teshfying
when the adverse party is an administrator,
executor, or guardian, when the testimony Of
person is taken by disposition or otherwise
who was partner ofthe deceased at the time
the subject matter in controversy transpired,
and was originally interested therein 1
Section 4. That the act passed February
90, 1856, entitled can act to amend an act en-
titlad an act 10 establish code ofcivil proceed |
ure, rassed March IL, 1852, be, and the same
hereby repealed.
Section 5. This act to take effect and be 10
r r. .t,n