The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-05-02

the court, and If the widow shall fail 10 AXE such cleo
ton, she shall retain her dover and such share of the
personal estate of her husband as she would be entitled
10 by law in her husband had died utestae leaving
children If she elect to take under the will she shall
be barred of her dover and take under the will alone
less a3 provided in the forty third section of this act
Provided further that sail election by the widow TO take
under the will shall not bar her of the right to remain in
the mansion of her husband, and receive years. al
oSance foe the support herself and children as now
provided by Law unless the will shall expressly
wise direct
Sec . That the original section fory.four of said act
he and the sane is hereby repealed,
Sc ,. This act take edsct and lie in force from and
atterits passage.
RICHARD c. PARSONS,
Speaker Of the House of Representatives
ROBERT c. KIRK, Il
FIs;ci March TO- lcGO. President of the Senate.
NO. IA. AN ACT
10 amend section 427 of the Code of Civil Procedure
srrT1oN |. Be- enacted By The General assembly
Of Tie State Of Ohio That section four hundred and
twenty-seven of ian act to establish code of civil pro-
cedure, passed March IL 1853, be amended read
as follows, to Wit
Section 427 The jury summoned as aforesaid, shall
be syOin to try and deermi the right Of the claimant
to the property in controversy and true verdict to give
according to the evidence. If the jury shall! find the
right of said goods and chattes, any part thereof to
be 10 the claimant they shall also find the value thereof
and the justice shall render judgment upon such finding
of the jury for the claimant that he his costs
against the plaintiff in execution, other party to the
same for whose benefit the execution issued and also that
he have restitution of such goodsa chattG any part
thereof accordg to the finding of the jury. Bat if the
right to the said goods and chaels and every part there
Of shall OF bel the claimant according to the finding of
said jury, hen the said justice shalt render
such finding in favor of the pant in executon or other
party for whosehene the execution ssued and against
said claimant for COSTS and award execution thereon If
the jury shall fail to agree and be discharged costs shall
be taxed to abide by the final event of the proceeding be-
fore said Justice and another jury shall be summoned in
like manner as before Said justice of the peace, in the
taxation of costs accrung by reason Of such clam and
trial. shl ALLOW each juror summoned and the
IL,
cor, aud witnesses and for himself he shall tax such
as are allowed by law to each respectively for like servi-
ces rendered in other Such judgment for the cla
mant (unesS an undertaking shall be executed prov
ed il the next section shall be justification of the Of
cer in returning mo goods to the writ Of execution by
virtue Of which the levy has been made such part
of the goods and chaels were found to elong to such
claimant.
SEC. .. This act shall take effect and be in force rom
RICHARD G. PARSONS,
Speaker Of the House of Representatives.
ROBERT Z. KIRK,
Passed March 10, 1850. President of the seIate.
mo. 20, AN ACT
Further regulate the practice OF the Supreme and Dis
trct Courts In this State
SECTION |. Be it enacted Jy the General Assem5zy
Of the State Of Ohio, That all of infomatons in
the of quo warranto, which may he pend.
ing In the Supreme Districts Courts of this State shall
the motiJn of the Attorney GeHeral or Prosecuting
Attorney having charge Of the same have precedence
the civil business the docket of aii courts
pectyey and it shall lie the duty of said courts to
quire motion Of the officers Aforesaid speedy trial
of the merits Of such information may lie nsitent
with the rights of the parties thereto.
SEC g, That in all cases where proceedings are or
may be pending in any Of the courts Of this State hav-
ing jurisdiction tie in the nature of quo
warranto against any banking corporation, whether in
stituted by the Attorney General by the Prosecuting
Attorney uader the provisions of the laws of this state
any stOckhoder stockholders owning together hot
less than oneourh Of the capital stock Of such company
actually paid 10, entitled to tha beneficial Interest
therein, ~
may he peEuing petition to eDoin the directors of such
corporation from making any disposition of the assets OF
such corporation which shall be reuical to the inter-
esls of such stockholders which shall be inconsistent
with their duties dectoes of such corporation. and
said court or any judge thereof in vacation, upon being
satisfied that the directors in Office of such corporation
have been vol4ing, about 10 violate any of the
franchises thereof may require them to give security to
the stockholders thereof to the satisfaction Of said court
judge for the proper discharge of their dues
tue proper management and security of the assets o
such corporation under their CONTROL and the said cour
judge shall have the power TO eDjoin such directors
and the officers Of such bank fran paying out or issuing
the notes of circulation of such bank and from ucurnt
any additional liabilities except for the payment of thC
necessary services Of the officers and employees OF sucl
banking company, the amount of which while such pro
ceedngs pending, shall be under the control Of SAT-
court.
SKc. 3. That such court or Judge shall also have tn
power, on petition of any stockholder or stocsholder
owning not less than fourth of the capitol stock
such banking company actually paid up, of the bene
fcal interests therein, to enon the directors and officer
thereof from borrowing issuing either directly or ndi
recty any of the money or assets Of such bank for he
own individual taneft while such proceedings msy b
pending. RICHARD G. PARSONS,
Speaker Of the House of Representatives.
ROBERT KIRK,
President Of the Senate
Passed March 90, 1860,
IN. 75. AN ACT
Further defining the duties of Supervisors of Roads
Highways.
SECTION l. Be IL enacted BY tie General Asse8U
Cf the State Of Ohio, That supervisors of roads an
highways within this State, be and hereby authorize
to construc foot bridges over streams Of water on sal
highways.
SEC. 9 This act shall take effect and be in fcrce fror
RICHARD c. PARSONS.
Speaker Of the House Of Representatives.
ROBERT @. KIRK,
President Of the Senate.
No. &c, AN ACT
Supplementary to IAN Act relating to Juriesn passe
February 9, 1881.
sEcrIoN ], Belt enacted By the General Assem61
ofHe State Of Oio That whenever from any cause, til
number OF petit Jurors in attendance upon the Court
Common Pleas of any county in this State at any tin
during term Of SUCH court shall be less than twelve
shall be lawful for the court to be issued spec
venire facias containing as many of discreet
suitable persons having the qualifications of electors
selected by the said may deem necessaI
to complete the panel of petit jurors, and the juro
added TO complete said panel shall for the remand,
of the term, constitute part Of the panel in the san
manner as If they had been originally summoned ther
on, and shall be entitled to the exemptions fro
further service in the same year, and to the fe
as are now allowed to petit Jurors by law.
SEc g. This act shall take effect and be in force fro
and after its passage. .
RICHARD G, PARSONS
Speaker Of the House of Representatives.
ROBERT g. KIRK,
Passed March 20, 1870. President Of the Senate.
No, I07.l AN ACT
10 prevent Collisions on Railroads within the State
SECTION /. Bet enacted by tic General AssonbIy
the STATE Of Ohio, That whenever the tracks of t
railroads in the State Of Ohio cross each other at
mon grade the crossings ehal be made, kept up, a
watchmen maintained at the Joint expense of the CO
'panies owning said tracks, and all trains or engl
Passing over said tracks shall come to full stop
nearer than two hundred feet nor further than ell
hundred feet from said crossing, and shall not cross
III sienalled so to do by the wachman, nor until
way is cear and when two passenger or freight tra
come up at the same time, the train on the road Q
buiit shall have precedence; provided, they are l.
main tracks over which all passengers and freights
said roads arc transported but II only one Is such
track and the other is side or depot track, then
train on the main track shall take precedence; bu
ono Of said trains s passenger and the other frei
train then the former shall take precedence Regr
trains on time shall take precedence over trains Of
same grade not on time, and engines, with cars attach