Слике страница
PDF
ePub

In case of failure and undisposed

business, special term to be held.

Order there

for to issue to clerk prior to

Special term.

Publication.

Sec. repealed.

terms, having been first entered upon the journal of the court, at the regular term at which such adjourned term shall be appointed.

SEC. 3. That whenever from any cause there shall be a failure to hold any of the stated or adjourned terms of said court, in any county of said sub-division as in this act provided, or when it shall be necessary for the transaction of any business that could lawfully be done at any regular term of said court, such judge shall have power to hold special terms of said court within and for any county in said subdivision. And when such judge shall determine to appoint any such special term, he shall issue his written order to the clerk of the court of common pleas of the county in which such special term is to be holden, specifying therein the time at which the same shall begin, and the object for which the same shall be called, such order shall be issued to the clerk, at least three weeks prior to the time fixed for the commencement of such special term, who shall forthwith cause the same to be published in some newspaper in the county, of general circulation therein, and shall proceed to perform such duties as may be necessary in view of such special term, and all business done at any such special term or at any adjourned term as in this act provided, shall be as valid as if transacted at any regular term provided for by law.

SEC. 4. That section three of the act entitled "an act to fix and provide for holding the terms of the court of common pleas in the several counties of the fifth judicial district in Ohio," passed January 31, 1854, be, and the same is hereby repealed.

N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD,

January 28, 1856.

President of the Senate.

Extending provisions of act passed March 29, 1841, to rail

AN ACT

Supplementary to an act entitled "an act regulating the elections in railroad, turnpike road, canal, and slack-water navigation companies, where the State is a stockholder, &c.," passed March 29, 1841.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the provisions of the act entitled "an act regulating the elections in railroad, turnpike road, canal, and slack-water navigation companies, where the State is a stocknies in which holder, &c.," passed March 29, 1841, relating to turnpike

road compa

road, canal and slack-water navigation companies, be, and are hereby extended and applied to railroad companies in which the state is a stockholder.

SEC. 2. This act shall be in force from and after its pas

sage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
THOMAS H. FORD,

the State is a stockholder.

When in force.

January 31, 1856.

President of the Senate.

AN ACT

To fix and provide for holding the terms of the court of common pleas in the several counties of the first sub-division of the fifth judicial district in Ohio.

Terms of common pleas, 1st Fifth district. sub-division,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the courts of common pleas, shall be held in and for the several counties of the first sub-division of the fifth judicial district of Ohio, at the times following, to wit: In the county of Clermont, on the second Tuesday of Clermont. March, second Tuesday of July, and third Tuesday of October.

In the county of Brown, on the third Tuesday of April, the first Tuesday of August, and first Tuesday of November.

Brown.

In the county of Adams, on the first Tuesday of April, Adams. and the fourth Tuesday of July, and the third Tuesday of November.

SEC. 2. That whenever the state of business shall require

it, or when it may become necessary, from any good cause, Adjourned the judge of said court of common pleas, may appoint and terms. hold adjourned terms of said court in any or all of the counties composing said sub-division, for the purpose of completing the business of any regular term, an order for such purpose, stating the time of holding any such adjourned Order of term, having been first entered upon the journal of the court judge. at the regular term, at which such adjourned term shall be appointed.

SEC. 3. That whenever from any cause, there shall be a failure to hold any of the stated or adjourned terms of said In case of failcourt in any county of said sub-division, as in this act proure, and busivided, or when it should be necessary for the transaction of any posed of, speness not disbusiness that could lawfully be done at any regular term of cial terms to said court, such judge shall have power to hold special terms be held. of said court within and for any county in said sub-division. And when such judge shall determine to appoint any such

Order therefor.

special term, he shall issue his written order to the clerk of the court of common pleas of the county in which such special term is to be holden, specifying therein the time at which the same shall begin and the object for which the same shall be called. Such order shall be issued to the clerk at least When issued. three weeks prior to the time fixed for the commencement of such special term, who shall forthwith cause the same to be published in some newspaper in the county, of general circuÎation therein, and shall proceed to perform such duties as may be necessary in view of such special term, and all business done at such special term, or at any adjourned term, as in this act provided, shall be as valid as if transacted at any regular term provided for by law.

Publication.

SEC. 4. That sections one and three of the act entitled Sec. repealed. "an act to fix and provide for holding the terms of the court of common pleas in the several counties of the fifth judicial district of Ohio," passed January 31, 1854, be, and the same are hereby repealed.

N. H. VAN VORHES, Speaker of the House of Representatives. THO. H. FORD,

President of the Senate.

February 7, 1856.

Section 67 of act passed May 1, 1854, amended.

AN ACT

To amend section sixty-seven of an act entitled "an act supplementary to the act defining the jurisdiction and regulating the practice of probate courts," passed May 1, 1854.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-seven of an act entitled "an act supplementary to the act defining the jurisdiction and regulating the practice of probate courts," passed May 1, 1854, be so amended as to read as follows: Section 67. Appeals from That appeals may be taken from any order, decision or probate court. decree of the probate court, in settling the accounts of an executor, administrator or guardian, in proceedings for the sale of real estate for the payment of debts, or in proceedIn what cases. ings for the execution and completion of real contracts, by any person against whom such order, decision or decree shall be made, or who may be affected thereby, to the court of common pleas, of the proper county, and the cause so appealed shall be tried, heard and decided in the court of common pleas, in the same manner as though the said court of common pleas had original jurisdiction thereof. This act to apply to all cases now pending, and to take effect from and after its passage.

To common pleas.

To apply to

cases now

pending.

SEC. 2. That said section sixty-seven of said act, supple- Section rementary to the act defining the jurisdiction and regulating pealed the practice of probate courts, passed May 1, 1854, be and

the same is hereby repealed.

N. H. VAN VORHES,
Speaker of the House of Representatives.
THO. H. FORD,

February 7, 1856.

President of the Senate.

AN ACT

To amend the act entitled "an act to fix permanently the times for holding the courts of common pleas in the seventh judicial district," passed January 31, A. D., 1854.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the courts of common pleas shall be held in the several counties of the third sub-division of the seventh judicial district, as follows, to wit:

SEC. 2. That the spring terms shall be held in the county of Washington, on the third Tuesday next after the second Monday of February;

In the county of Athens, on the second Monday;
In the county of Meigs, on the third Tuesday;

Terms of common pleas in sion, 7th dis

3rd sub-divi

trict.

Spring terms.
Washington;

Athens;
Meigs;

And in the county of Gallia, on the fourth Monday, next Gallia. after the said third Tuesday, next after the said second Monday of February.

SEC. 3. That the summer terms shall be held in the county Summer of Washington, on the Thursday next preceding the second terms. Monday of May;

In the county of Athens, on the second Monday;

In the county of Meigs, on the third Tuesday;

Washington;

Athens;

Meigs;

And in the county of Gallia, on the fourth Monday, next Gallia.

after the said Thursday, next preceding the said second

Monday of May.

SEC. 4. That the fall terms shall be held in the county of Fall terms. Washington, on the first Thursday next after the second

Tuesday of October;

In the county of Athens, on the second Monday;

In the county of Meigs, on the third Tuesday;

Washington;

Athens;
Meigs;

And in the county of Gallia, on the fourth Monday, next Gallia. after the said first Thursday, next after the said second Tuesday of October.

SEC. 5. That the eighth, ninth and tenth sections of the Sections react to fix permanently the times for holding the courts of pealed.

common pleas in the seventh jndicial district, passed Janu-
ary 31, A. D., 1854, be and the same are hereby repealed.
N. H. VAN VORHES,
Speaker of the House of Representatives.
THOS. H. FORD,

President of the Senate.

February 8, 1856.

Terms of com

mon pleas, 3d sub-division, 5th district.

Pickaway;

Madison;

Franklin.

Franklin.

What busi

ness not to be transacted in

certain terms.

Order for jury

in criminal causes.

Special terms.

AN ACT

To prescribe the time for holding the court of common pleas in the third subdivision of the fifth judicial district.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the terms of the court of common pleas for the several counties in the third sub-division of the fifth judicial district of Ohio, shall be held annually hereafter, as follows, to wit:

In the county of Pickaway, on the third Tuesday of February, the first Tuesday of June, and the sixth Tuesday after the first Tuesday of October;

In the county of Madison, on the third Tuesday after the third Tuesday of February, the third Tuesday of June, and the eighth Tuesday after the first Tuesday in October;

In the county of Franklin, on the fifth Tuesday after the third Tuesday in February, the second Friday after the third Tuesday of June, the first Tuesday of October, and the third Tuesday of January.

SEC. 2. That at the terms for Franklin county, commencing on the second Friday after the third Tuesday of June, and on the third Tuesday of January, no civil business shall be transacted requiring the intervention of a jury, or in which it shall be necessary to examine witnesses in open court.

SEC. 3. If the judge of said court shall deem it expedient, he may, by his written order to the clerk, require the drawing and summoning of such jury or juries as he may deem necessary to dispose of the criminal business then pending, or which may be brought before the court, at either of the terms referred to in the next preceding section; and, unless the clerk shall receive such order, no jury shall be drawn or summoned for said terms.

SEC. 4. The judge of said court shall also have power to hold special terms within, and for any county in said subdivision, with or without any jury or juries, as such judge may direct, for the transaction of any business which could lawfully be done at any regular term of said court, whenever such terms shall, in his opinion, be necessary. Before

« ПретходнаНастави »