Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-05-31

/ efty OF the township or Incorporated
town, for the erection of such hall,
shall indorse on his ballot ''town hail.
and if a ajority Of all the legal voters
at such election vote 'town hall, then
the trustees of such township, or coun
! ell Of such incorporated town, shall, on
or before the first day Of June thereaf
| ter, inform the auditor Of the proper
county Of the vote OF the electors in
such township or incorporated town, as
expressed at said election, and the
county auditor shall levy tax on all the
property of such township CT intorpo
rated town standing on the grand list
! for the purposes aforesaid, and to ena
! bic the trustees of such township or in
corporated town to purchase a lot if ne
cessary, upon which to erect said hall.
And it shall be lawful for the trustees
Of any township, or town council of any
Incorporated town, in which a town hall
shall have been erected, at any time to
levy and collect tax upon all the prop
erty of said township or Incorporated
town subject to taxation, for the pur-
pose Of painting, repairing, or discharg-
ing any existing debt incurred in the
erection OF purchase of such hall. Pro-
uided, the amount of taxes, under the
provisions of this act, shall in no case
exceed two mills on the dollar of tho
taxable property of any township or in
corporated town; and the tax SO levied
shall be collected by the county treas
urer, in the same manner and at the
same time that state and county taxes
are collected, and by him paid to the
order of the trustees Of such township,
or to the town council Of any incorpo
rated town raising the same.
Sec. 2. That original section 2, of
the act of which this act is amendatory
be, and the same is hereby repealed
Sec. 3. This act shall take effect from
and after its passage.
ED. 4. PARROTT,
Speaker pro TEN. of the House Of Rep
resentatiyes.
ROBERT c. KIRK,
President Of the Senate.
Passed April 3, 1861.
mo AL AN ACT
Further defining the duties Of boards of
education fer incorporated cities,
towns, villages, and independent school
districts.
SECTION L. Be 1t enacted by tie Gene-
rat assembly Of the State Of Ohio, That
the board of education for any incorpo-
rated city, town, village or Independent
school district shall prepare or cause to
be prepared ard forwarded to the county
auditor on or before the first day of Oc-
tober, statement exhibiting true ac-
count of all the receipts and disburse-
ments for school purposes, and such
other statistics and information as the
sto.a com missioner of schools may re-
quire.
Speaker pro tenn. of the House Of Rep
resentatives
ROBERT G. KIRK,
President Of the Senate.
Passed April /, 1861.
ENo. 46.I AN ACT
To amend sections 323 and 344 of the
code Of civil procedure.
SECTION l. Pc II enacted by the Gen
eraz assembly Of the State Of Ohio, That
section three hundred and thirteen of
tie code of civil procedure be so amend
ed as 60 read as follows, to wit: Sec. 313.
No party to civil action shall be al
lowed to testify by virtue of section
three hundred and ten, in any action
when the adverse party is the guardian
cf child or children Of deceased per-
son, or Of an idiot, or Of lunatic, or Of
deaf and dumb person, Or is the exc
cutor or administrator of deceased
person, except in the following cases.
namely:
l. In actions with an executor, ad-
ministrator or guardian of infants, as
above specified, a party may testify to
| facts which occurred after the death Of
the decedeft OF parent.
2. In actions upon contracts made by
deceased persons through agents, and in
which the agent shall testify, a party
may testify to all that transpired be-
tween him and the agent in relation &c
such contract and the making thereof,
and in relation to any conversations or
transactions between himself and such
agent, testified to by the agent.
3. In actions with trustee Of either
of the classes above specified in which
any adverse party, OR any other person
| having direct interest in the matter in
controversy shall be called as witness
and testify to transactions or converse
tious with a party to such action, such
party shall also be permitted to testify
as to such specific transactions and con-
versations.
4. In actions with trustee Of either
of the classes above specified, i'll which
the claim or defense is founded on book
account, party may testify to his ac-
count book, that the same is a book Of
original entries. that the entries in the
same were made by himself or by de-
ceased person, OF by disinterested per-
son nonresident Of the state at the time
of trial; and on such authorization of
she account book and entries, said book
and entries shall be admissible evidence
! in the case.
5 If the deposition Of a party who
has died during the pending of suit
shall be given in evidence on the trial
Of such cause, the opposite party may
testify as to all matters and things con-
tanned in said deposition and not ex-
cluded for irrelevancy or inadmissibil-
ity.
=! In, al actions by or against sur
viving partner OF partners, or a suryiv-
ing joint contractor or contractors, 20
adverse party to the suit shall be com
petent witness to, testify to transactions
which took place with, CT declarations
or admissions made by the deceased
partner or joint contractor in the alb
sence Of his surviving partner or joint
contractor.
SEc 2 That the thren h11ndrod nd