SEC. 3. That from and after the passage of this act two or more terms of the court of common pleas may be held at the same time in any subdivision of any judicial district of the state of Ohio, any law, practice or custom heretofore existing to the contrary notwithstanding. SEC. 4. This act shall take effect and be in force from and after the date of its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. Two or more terms in same same time. subdivision at February 9, 1859. AN ACT To amend the 186th section of an act entitled an act of the jurisdiction and procedure before justices of the peace, and of the duties of constables in civil courts, passed March 14, 1853. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section 186 shall be so amended as to read as follows: Sec. 186. Whenever a vacancy shall occur in the office of constable, in any township, by death, removal, resignation or non-acceptance of the person elected, or when there shall be a failure to elect, the township trustees shall appoint a suitable person to fill such vacancy until the next annual election for constable, and until a successor be elected and qualified; provided, however, that in any case when there shall be no constable in any township in any county in this state, the constable of any other adjoining township in said county shall and is hereby authorized to serve any process that any constable of said township is now or may be authorized to serve by law. SEC 2. That said original section one hundred and eighty-six is hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. Swan's R. S 527 Vacancy in ofhow filled. fice of constable, When there is no township, con constable in a stable of adjoining township in same county may serve pro cess. Sec. repealed February 14, 1859. Curwen's R. S., 158. County commissioners in cer tain counties to cause certain general indexes o be made, &c. How to be made. Books therefor. Such indexes to be kept up by recorder. His fees therefor. AN ACT To authorize the making of real estate indexes, and further to prescribe the du ties of county commissioners and recorders in certain counties. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the county commissioners of all counties in this state, having a population of more than two hundred thousand inhabitants, to employ, at a reasonable compensation, to be fixed by them, and to be paid out of the county treasury upon the order of said commissioners, one or more competent persons, who shall, under the direction of the recorder, make out and complete general indexes from the records of all the real estate situate in such county, in addition to the alphabetical indexes now provided for by law, by placing under the heads of the original surveyed sections or parts of a section, squares, subdivisions, or lots, on the left page of such index book. 1st. The name of the grantor or grantors. 2d. Next to the right the name of the grantee or grantees. 3d. Then the number and page of the record, where the instrument is found recorded. 4th. The character of the instrument, to be followed by a pertinent description of the property conveyed by such deed, lease, or assignment of lease; and on the opposite page in like manner, all the mortgages and liens, or other incumbrances affecting said real estate. SEC. 2. It shall be the duty of the recorder to procure, at the expense of the county, suitable books for such indexes. SEC. 3. As soon as the indexes, provided for in the first section of this act, shall be brought up and completed, it shall become the duty of the recorder of every such county to keep up said general indexes in the manner prescribed by the first section of this act, and to enter thereon, under the appropriate heads, all deeds, leases, assignment of leases, mortgages, liens, and other instruments affecting the title to such real estate, and in the order as they are filed in his office for record. SEC. 4. For every entry on such general index of any lot, piece or parcel of land, the recorder shall be allowed the sum of five cents, to be paid by the person leaving such instrument of conveyance or transfer for record. SEC. 5. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. President pro tem. of the Senate. February 14, 1859. AN ACT Curwen's R. S. Swan's R. S. 425 Clerk to receiv taxed upon writs and pay over to all costs and fee person entitled. Supplementary to an act entitled "An act defining certain duties of clerks, 870. WILLIAM B. WOODS, E. BASSETT LANGDON, Sheriff, &c., to tax, collect and pay over such giving names costs to clerk, and amount. February 14, 1859. AN ACT To amend the 314th section of the Code of Civil Procedure. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the 314th section of the act entitled "An act to establish a code of civil procedure," be so amended as to read as follows: Sec. 314. The following persons shall be incompetent to testify: 1st. Persons who are of unsound mind at the time of their production for examination. 2d. Children under ten years of age, who appear incapable of receiving just impressions of the facts. respecting which they are examined, or of relating them truly. 3d. Husband and wife, for or against each other or concerning any communication made by one to the other, during the marriage, whether called as a witness while that relation subsisted, or afterwards, except in actions where the wife, were she a feme sole, would be plaintiff or defendant; in which action the wife may testify. Either the husband or wife may testify, but not both. 4th. An attorney, concerning any communication made to him by his client, in that relation, or his advice thereon, without the client's consent. 5th. A clergyman or priest, concerning any confession made to him in his professional character, in the course of discipline enjoined by the church to which he belongs, without the consent of the person making the confession. 6th. No person who would if a party be incompetent to tes Swan's R. Curwen's R. s. 1986; Curwen's Who incompe tent to testify. Sec repealed. tify under the provisions of section 313, shall become com. petent by reason of an assignment of his claim. SEC. 2. That section 314 of the said act to establish a code of civil procedure, as said section was amended by the act of April 12th, 1858, be, and the same hereby is repealed. SEC. 3. This act shall take effect upon its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. E. BASSETT LANGDON, President pro tem. of the Senate. February 14, 1859. Cases specified. AN ACT To prohibit watchmen and other police officers from claiming witness fees in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no watchman or other police officer shall be entitled to any witness fees in any case prosecuted under any criminal law of the State of Ohio, or any ordinance of a city of the first or second class, before any police judge or mayor of any such city, justice of the peace, or other officer having jurisdiction in such cases. SEC. 2. This act shall take effect from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. February 14, 1859. Additional sala ry to Common Pleas judges hereafter elec ed, in certain Counties. AN ACT To amend the act entitled "An act to fix the salaries of judges in certain cases." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all the counties of this state, having a population of two hundred thousand inhabitants upwards, the judges of the court of common pleas hereafter elected therein, shall receive, in addition to the salary now or paid to them out of the state treasury, the sum of one thou- How paid. SEC. 2. That the first section of the above recited act, 55 Laws. 127. passed April 12th, 1858, be and the same is hereby repealed. WILLIAM B. WOODS, Speaker of the House of Representatives. February 18, 1859. President of the Senate. AN ACT Making partial appropriation to meet the current expenses of the Northern lum. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby appropriated, out of the N.Lunatic Asyfunds in the treasury of this state applicable to general revenue purposes, for current expenses of the Northern Ohio Lunatic Asylum for 1859, the sum of five thousand dollars. SEC. 2. This act shall take effect on its passage. WILLIAM B. WOODS, February 18, 1859. President of the Senate. AN ACT To amend section sixty-four of an act entitled "An act to provide for the reorganization, supervision and maintenance of common schools," passed March 14, 1853. Curwen's R. S. Debts of districts SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-four of the act aforesaid as to be provided said section is now amended, shall be so amended as to for. |