Year: 1860




with to the satisfaction of the General
Assembly, or the Governor, as the case
may be, then the Office of the Treasurer
shall be held to be vacant. and the Gov
ernor shall proceed by his own motion
to appoint Treasurer instead of the in
cumbent; which successor so appointed
on giving bond and security, and taking
the oath Of Office, as the Treasurer OF
State, is herein required to do, shall have
md possess all the powers and functions,
md be subject to all the duties and LA
bilities of a duly elected Treasurer Of
State; and shall hold his Office until his
successor is duly elected and qualified.


Sec 2. Original section twenty-on
of said act of April II, 1858, is hereby
repealed; provided, the repeal thereof
shall in no manner affect the validity or
effect of any bond Of any Treasurer of
This State heretofore executed; and all
rights and liabilities which have hereto
ore or which may hereafter accrue upon
5ny such bond shall not be in any wise
effected by said repeal


Sec. g. This act shall take effect upon
its passage.


RICHARD G. PARSONS,
Speaker of the House of Representatives
ROBERT c. KIRK,


President of the Senate.


Passed March 10, 1860


TNo. 72.] AN ACT


Further to regulate the practice of the


Supreme and District Courts in this


State.


SECTION l. Be it enacted by the Gen.
eral assembly Of the State Of Ohio, That
all cases Of informations in the nature
of quo warranto, which are or may be
pending in the Supreme or District
Courts of this State shall, on the mo-
ton of the Attorney General or Prose-
cutting Attorney having charge Of the
same, have precedence over the civil
business on the docket of said courts re-
spectively, and it shall be the duty of
said courts to require on motion OF the
officers aforesaid, as speedy trial of the
merits of such information as may be
consistent with the rights of the parties
thereto


Sec. 2 That in all cases where pro-
ceedings are or may be pending in any
Of the courts Of this State having juris-
diction over the same in the nature Of
quo warranto against any banking cor
poration, whether instituted by the At
torney General or by the Prosecuting
Attorney under the provisions Of the
laws of this State, any stakeholder or
stockholders owning together not less
than enc fourth of tho -~~rit..l-e+eels {.
such company actually paid in, or enti-
tied to the beneficial interest therein,
may file in the court in which such pro-
ceeding may be pending a petition
to enjoin the directors of such cor
poration from making any disposition of
the assets of such corporation which
shall be preiudicial to the interests
of such stockholders, or which shall
be inconsistent with their duties as
directors 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
or are about to violate any
of the franchises thereof, may re-
quire them TO give security to the
thereof, to the satisfac-
ton Of said court or judge, for the
proper discharge of their duties, and for
the proper management and security
of the assets of such corporation under
their control, and the said court or judge
shall have the power to enjoin such di-
rectors and the officers of such bank
from paying out or issuing the notes Of
of such bank, and from in
curing any additional liabilities except
for the payment of the necessary services
of the officers and employees of such
banking company, the amount Of which
while such proceedings are pending
shall be under the control Of said court.


Sec. 3. That such court or judge
shall also have the power, on petition Of
any stockholder or stockholders owning
not less than one-fourth Of the capital
stock of such banking company actually
paid up, or of the beneficial interests
therein, to enjoin the directors and Off
GERS thereof from borrowing or issuing
either directly or Indirectly any Of the
money or assets of such bank for their
own individual benefit while such bro
ceedings may be pending.


RICHARD G. PARSONS,
Speaker of the House of Representatives.


ROBERT G. KIRK,


President Of the Senate.


Passed March 20, 1860.


mo. 73.] AN ACT


Supplementary to the act entitled ''an


act to provide for the organization of


cities and incorporated villages" ;"


passed May 3, 1852.


SECTION /. Be 1t enacted by the Gen
ero1 Assembly Of the State Of Ohio, That
the council of any incorporated village
in this state is hereby authorized to
purchase, for the use of such village, at
a price not exceeding five thousand dol
lars, any lots or grounds therein, being
formerly the site of any fort, or the scene
of any important historical event worthy
of commemoration, and for the payment
of the purchase money thereof, such
council is hereby authorized in addition
to the other powers of taxation con-
ferred on them by law, to levy a tax
upon all the property of said village, as
contained upon the tax duplicate of the
county, not exceeding one mill on the
dollar in any one year, and it shall! be
the duty of said council to cause said
lots or grounds so purchased to be kept
in good order at the expense of said vii
lage.


Sec 2. This act shall be in force
from and after its passage.


RICHARD G. PARSONS.
Speaker of the House of Representatives.


a.. ROBERT G. KIRK,


Al