SEC. 3. That this act shall take effect and be in force from and after its passage. N. HI. VAN VORHES, Speaker of the House of Representatives. President of the Senate. Passed February 10, 1872. AN ACT Qek 74-363. To amend an act to establish a code of criminal procedure for the State of Ohio, passed May 6, 1869, and an act amendatory thereof, passed January 5, 1871. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one hundred and thirty-four of the code of criminal procedure be amended to read as follows: Section 134. The following shall be good causes for challenge to any person called as a juror on any indictment: 1. That he was a member of the grand jury which found the indictment. Causes of jurors. 2. That he has formed or expressed an opinion as to the guilt or innocence of the accused: Provided, that if a juror Provise. shall state that he has formed or expressed an opinion as to the guilt or innocence of the accused, the court shall thereupon proceed to examine, on oath, such juror as to the ground of such opinion; and if it shall appear to have been founded upon reading newspaper statements, communications, comments or reports, or upon rumor or hearsay, and not upon conversations with witnesses of the transactions, or reading reports of their testimony or hearing them testify, and the juror shall say, on oath, that he feels able, notwithstanding such opinion to render an impartial verdict upon the law and the evidence, the court, if satisfied that said juror is impartial and will render such verdict, may, in its discretion, admit such juror as competent to serve in such case. 3. In indictments for an offense, the punishment whereof Further is capital, that his opinions are such as to preclude him from causes. finding the accused guilty of an offense punishable with death. 4. That he is related within the fifth degree to the person alleged to be injured, or attempted to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant. 5. That he has served on a petit jury which was sworn in the same cause against the same defendant, and which jury either rendered a, verdict which was set aside or was discharged after hearing the evidence. 6. That he has served as a juror in a civil case brought against the defendant for the same act. 7. That he has been, in good faith, subpoenaed as a witness in the case. S. That he is an habitual drunkard. 9. The same challenges shall be allowed in criminal prosecutions that are allowed to parties in civil cases. SEC. 2. That section one hundred and thirty-four of said act, as amended, be and the same is hereby repealed; and this act shall take effect on its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed February 10, 1872. President of the Senate. Commissions, &c., on other than taxes collected. AN ACT To amend an act entitled "An act prescribing the fees of SECTION 1. Be it enacted by the General Assembly of the Section 2. That the county treasurer on settlement semiannually with the county auditor shall be allowed for the collection, safe keeping and disbursement of the money coming into the treasury otherwise than from assessment of taxes on the grand duplicate of the county, on any sum so collected for tavern, show or other licenses, for fines, penalties and forfeitures incurred in violation of a penal or criminal statute and the costs collected of the person (or his bondsman) violating the same, in the aggregate not exceeding one thousand dollars, ten per centum, and for the excess, five per centum; on any sum otherwise collected in the aggregate, not exceeding ten thousand dollars, one per centum, and for the excess one-half of one per centum, hereby expressly excepting that upon which some other compensation is fixed by law; Provided that ro compensation, per centage, commission or fees shall be allowed to the county treasurer on any money by him received from the treasurer of state, or from his predecessor in office, or from the legal representatives or sureties of such predecessor, or on any money received from the proceeds of the sale of any bonds issued by the county commissioners, or any city council, in pursuance of any law authorizing the issue Limitation of and sale of such bonds. It is also provided that the fees allowed by this section shall be subject to this limitation, that the total sum to be thus allowed the treasurer at such semi-annual settlement shall not exceed one tenth of the total sum allowed him as fees, per centage and compensation otherwise by law. fees. 1 SEC. 2. That said original section two be and the same is hereby repealed. SEC. 3. That this act shall take effect from and after its passage. CHARLES H. BABCOCK, Speaker pro tem. of the House of Representatives. Passed February 12, 1872. President of the Senate. AN ACT To authorize the city council of cities of the first class having a population of over fifty thousand and less than one hundred and fifty thousand at the last federal census, to issue bonds for water-works. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the first class, having a population at the last federal census of over fifty thousand and less than one hundred and fifty thousand, wherein water works have been constructed, for the purpose of completing tunnels, constructing reservoirs, erection of new buildings, purchase of land for water-works purposes, purchase of new engines, extension of water-pipes and other im provements of the water-works, upon the application of the trustees of water works, are hereby authorized and empowered to issue, from time to time, the bonds of the city for any sum, not exceeding in the aggregate one million of dollars, running for such lengths of time as may be deemed proper, not exceeding twenty years, and bearing a rate of interest not exceeding seven per centum per annum. Authority to issue bonds for waterworks. SEC. 2. Said bonds shall be designated water-works Designation bonds, and shall be sold under the direction of the trustees of bonds. of water-works at not less than par, and the proceeds shall be applied exclusively to the above named purposes. SEC. 3. This act shall take effect from its passage. N. H. VAN VORHES, Speaker of the House Representatives. Passed February 14, 1872. President of the Senate. Certificatespecifica tions. Acknowledg ment, &c., of certificates. AN ACT Amendatory of and supplementary to "An act to provide SECTION 1. Be it enacted by the General Assembly of the That all certificates executed and acknowledged under any of the provisions of said act of May 1, 1852, as in this act provided, and under which any company or associa tion of persons have in good faith organized and acted, shall, nevertheless, be as good and valid, both in law and equity, as if the same had been acknowledged as provided in the original section to which this is an amendment. Sec. 3. That any number of persons, as aforesaid, associating to form a company for the purpose of constructing a railroad, shall, under their hands and seals, make a certificate which shall specifiy as follows: 1. The name of such company, and by which it shall be known. 2. The name of the place of the termini of said road, and the county or counties through which such road shall pass. 3. The amount of capital stock necessary to construct such road. Such certificate shall be acknowledged before a clerk of the court of common pleas, or notary public, or before a justice of the peace, and certified by the clerk of the court of common pleas, and shall be forwarded to the secretary of state, who shall record and carefully preserve the same in his office, and a copy thereof, duly certified by the secretary of state, under the great seal of the state of Ohio, shall be evidence of the existence of such company. SEC. 2. That said original section two be and the same is hereby repealed. SEC. 3. This act shall take effect from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed February 14, 1872. JACOB MUELLER, Amount of AN ACT To allow cities of the second class to levy an additional SECTION 1. Be it enacted by the General Assembly of the levy allowed. State of Ohio, That cities of the second class, having a population of more than eight thousand five hundred and less than ten thousand inhabitants, are hereby authorized to levy, in addition to the taxes now authorized by law, for the year eighteen hundred and seventy-two, the amount of two mills on the dollar valuation on the grand duplicate, the same to be credited to the sanitary fund of said cities, and to be ap plied to sanitary purposes, or to the payment of debts already contracted for sanitary purposes. SEC. 2. This act shall take effect and be in force from and after its passage. C. H. BABCOCK, Speaker pro tem. of the House of Representatives. Passed February 14, 1872. President of the Senate. AN ACT For redistricting cities of the first class, having a population exceeding one hundred and fifty thousand inhabitants, into wards. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in every city of the first class, having a population exceeding one hundred and fifty thousand inhabitants at the last federal census, in which there is a superior court, it shall be the duty of said court, immediately after the passage hereof, to appoint a commission of five judicious citizens, as equally distributed in the different parts of the city as may be, whose duty it shall be, immediately after their appointment, to take an oath faithfully to discharge their duties as such commissioners, and, with the aid of the city civil engineer, to divide and redistrict said city into wards not to exceed the number now therein; and said commissioners shall redistrict said city on or before the 25th day of February, 1872. Appointment of commission by superior court -its duties, & c. SEC. 2. When the said division or redistricting is made, Plats of it shall be the duty of said commission to make a plat of the proposed wards proposed, and to give notice that the same is open for wards. inspection at their office, by publication in at least two daily newspapers, published and of a general circulation in the corporation, for two consecutive weeks, during which time they shall meet, at such times and places as shall be stated, once a week, at a time and place stated in the advertisement, to hear any objections that may be urged against such proposed division and redistricting, and they may make such alterations therein as they shall deem proper. At the end of said period they shall cause copies of the plat of the wards, as finally adopted, to be made out, with a description of the boundaries of the same, and shall deposit one copy, certified by them, with the mayor, and another in the office of the city clerk, who shall record the same on the minutes of the council. SEC. 3. The several wards shall be numbered consecu- Numbering, tively, commencing on the east, shall be composed of adjacent &c., of and compact territory, and, so far as practicable, shall con- wards. |