M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26

T. " ROBERT C. KIRK,
President Of the Senate,
Passed March 10, 1860. =, .
No. IA AN ACT
To amend section 427 of the Code OF Civil
Procedure. 70 80
SECTION /. Be il snactel Jyh. Gm.ral
assembly O the State of Ohio, That section
four hundred and twenty-seven Of can act
to establish code of civil procedure" passed
March IL, 1888, be so amended as to read as
follows, to wit. .-. r.,
secton0t27. The jury summoned, as
aforesaid, shall be sworn to try aud deter
mine the right of the claiaant to the proper
ty IN controversy, and a true verdict TO give
according 10 the evidence. II the jury shall
find The rgh TO said goods aud chattels, or
any part thereof, to be in the claimant, they
shall also find the velue thereof. aud the
justice shall render Judgment upoa such
tinjting of the jury for the 'claman., that he
recover his costs against the plaintiff in exc.
cutlon, or other party to the same for wlosa
benefit the execution Issued, and also thalhs
have restitution of such gools an l'chstiels,
or any Part thereof, according iolhe fglLag
OF the fury. ButifNthe fisffrato tsfss said
goods and chattels, and every part thereof,
shall not be in the claimant according 10 The
hndlng of said Jury, then the sail Justice
shall render Judgment on such hnding ia ia.
vor Of the plaintiff in execution. or other
party for whose benefit the execution issued.
and against said claimant for costs, snd
award execution thereon If the Jury shall
lail to agree and be discharged, costs shall
be taxed to abide the fnal eventof the mo-
eSoding before said Justice, anil another jury
eia't e,,i Oe summoned in like manner as before.
Said justice Of the peace. in the ,,ra,;on or
costs dccruing by reason of such claim and
trial, shall allow each Juror summoned and
sworn the sum Of fty cents; und for the
sheriff constable. or other officer, and wit
nesses and for himself, he shall tax such fees
as are allowed BY law TO each, respectively,
for like services rendered ia other cases.,
Such judgment for the claimant (unless an
undertaking hall be executed, as provided in
the next Section) shall be justification of
the officer in returning "no goods to the
writ Of execution by virtue of which the levy
has been made, as to such part of the goods
and chatelS as were found 10 belong TO such
claimant. ''' . '."
Sc .. This act shall take effect and be
in force from and after its pnssage! ~
RICHARD C. PARSONS,
Speaker Of the House Of Representatives.
' ' ROBEKTC. KIRK,
President OF the Senate.
Passed March 10 1860.
mo. "a! AN ACT
Further to regulate the practice Of the Su.
PIE ne and District Courts in this State.
SECTION /. b. ii enacted 6y the Genera,
Assembly Of thslSIate Of Qtio, That all cases
OF information n the nature of a quo war.
uto. which are or may be pending in the
Supreme or District Courts Of this State
shall, on the motion of TIE Attorney Gener-
al or Prosecut n Attorney having charge of
the same, have precedence over the civil busi.
ness on the docket of said coult respectively,
and it shall b. the duty of said courts 10 10.
qulre on motion of the officers aforesaid, as
speedy trial OF the merits Of such informa.
ton as may be consistent with the rights of
The parties thereto.
Sec. 2. That in all cases where proceed.
ings are or may be pending in ahv of the
~ourls of this State having jurisdiction over
the same in the nature of quo warranto
againstany banking corporation whether in.
sttuted by the Attorney Generator by the
Prosecuting Attorney under the PROVISIONS of
the laws of this State, any stockhoder or
STOCKHOLDERS owning together not less than
enc fourth of the captatstock OF such conia
J ,s,x.i, La, a IL 4 i