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First. That he was a member of the grand jury which found the indictment.

Second. That he has formed or expressed an opinion as to the guilt or innocence of the accused; but if a juror has formed or expressed an opinion as to the guilt or innocence of the accused, the court shall thereupon proceed to examine such juror on oath as to the grounds of such opinion, and if such juror shall say that he believes he can render an impartial verdict notwithstanding such opinions, and if the court is satisfied that such juror will render an impartial verdict on the evidence, may admit him as competent to serve in such case, as a juror.

Third. In indictments for an offense, the punishment whereof is capital, that his opinions are such as to preclude him from finding the accused guilty of an offense punishable with death.

Fourth. 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.

Fifth. That he served on a petit jury which was drawn in the same cause against the same defendant, and which jury was discharged after hearing the evidence, or rendered a verdict which was set aside.

Sixth. That he served as a juror in a civil case brought against the defendant for the same act.

Seventh. That he has been in good faith subpoenaed as a witness in the case.

Eighth. That he is a habitual drunkard.

Ninth. The same challenges shall be allowed in criminal prosecutions that are allowed to parties in civil cases.

SEC. 2. That said original section 7278 of the revised. statutes be, and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

L. A. BRUNNER,

Speaker pro tem. of the House of Representatives.
JOHN G. WARWICK,

Passed March 18, 1884.

President of the Senate.

[House Bill No. 20.]

AN ACT

Supplementary to an act entitled "an act to revise and consolidate the general statutes of Ohio," passed June 30, 1879.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following sections be enacted as supplementary to chapter one, title two, part second, of the revised

statutes of Ohio, with sectional numbering as herein provided.

Section 3245a. A corporation may provide in its articles Corporaof incorporation that each stockholder, irrespective of the tions may amount of stock he may own, shall be entitled to one vote, limit votes of and no more, at any election of directors or upon any subject stockholdsubmitted at a stockholders' meeting, and when such pro- ers. vision is made it shall be governed thereby.

Section 32456. Every corporation where articles of in- Provisions corporation contain the limitation mentioned in section to which thirty-two hundred and forty-five (a), shall be subjected to the following provisions:

1. No person shall hold or own stock in excess of one thousand dollars face value.

2. The directors shall annually, within thirty days after the thirty-first day of December, make and file with the recorder of the county in which the corporation is doing business, a statement of its financial condition upon the said thirty-first day of December, plainly setting forth its assets and liabilities in detail, the amount of its paid up capital stock, the names of its stockholders, and the number of shares owned by each, and said statement shall be signed and sworn to by a majority of the directors, including the treasurer, before any officer authorized to administer oaths in this state. If the board of directors fail to make the annual statements required by this section, or if they make a false statement, they shall be personally liable for all claims and demands against such corporation.

3. By-laws for the government of the corporation, and for the distribution of its net earnings among its workmen, patrons and shareholders, not inconsistent with the constitution and laws of the state, may be made by the stockholders. SEC. 2. This act shall take effect and be in force from and after its passage.

A. D. MARSH,

Speaker of the House of Representatives.

ELMER WHITE,

President pro tem. of the Senate.

such corpo

rations are subject.

Passed March 19, 1884.

[House Bill No. 246.]

AN ACT

To amend section 4073 of the revised statutes of Ohio, as amended
April 11, 1882.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section forty-hundred and seventy-three of the revised statutes be so amended as to read as follows:

Powers of county examiners as to teachers' certificates.

Section 4073. The board may grant certificates for one, two, three, four and five years, which shall be valid in the county wherein they are issued, except in city and village districts, in which they will not be valid unless indorsed by the president and secretary of the board of examiners of such districts; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate, but such revocation shall not prevent a teacher from receiving pay for services previously rendered.

SEC. 2. That said original section 4073, as amended April 11, 1882, be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

A. D. MARSH,

Speaker of the House of Representatives.

ELMER WHITE,

President pro tem. of the Senate.

Passed March 19, 1884.

Two-mile

assessment

tion for improvement of.

[House Bill No. 294.]

AN ACT

To amend section 4831, revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand eight hundred and thirtyone be amended so as to read as follows:

Section 4831. Upon the presentation of a petition stating pikes; peti- the kind of improvement prayed for and the points between which the same is asked, signed by five or more of the landholders whose lands will be assessed for the expense of the same, and the filing of a bond signed by one or more responsible freeholders to whom the petitioners shall be responsible, pro rata, conditioned for the payment of the expenses of the preliminary survey and report, if the improvement be not finally ordered, the commissioners shall appoint three disinterested freeholders of the county as viewers and a competent surveyor or engineer, to proceed upon a day to be named by the commissioners to examine, view, lay out, or straighten such road, as in their opinion public convenience and utility require.

Viewers; how appointed, and duties of.

Proviso.

Provided, that in locating such improvement within the territorial limits of any incorporated village or town, the engineer and viewers shall be confined to the platted streets of such village or town.

SEC. 2. Said original section be and the same is hereby

repealed, and this act shall take effect from and after its

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To amend section 3309a of the revised statutes of Ohio, as amended
March 13, 1883. (80 O. L., 55).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirty-three hundred and nine (a) of the revised statutes of Ohio, as amended March 13, 1883, be so amended as to read as follows:

stock.

Section 3309a. Any railroad company now or hereafter organized under the laws of this state, and any such company which now is or shall hereafter be consolidated with other companies, as provided in sections thirty-three hundred and seventy-nine, thirty-three hundred and eighty, Railroad thirty-three hundred and eighty-one, and thirty-three hun- companies dred and eighty-two of the revised statutes, may, at a meet- may borrow ing of its stockholders, called as provided in section thirty- issue secumoney and three hundred and eight, in lieu of issuing preferred stock rities in lieu as provided in section thirty-three hundred and nine, pro- of preferred vide for borrowing money to locate, construct and equip its proposed line of railway, or for the purpose of leasing or purchasing and equipping branch or connecting roads constructed or in process of construction, not exceeding ten miles in length, or for redeeming or exchanging any part or all of its previously issued bonds, or for funding its floating debt, or for any or all of said purposes, in such an amount as it may deem necessary, not exceeding its authorized capital stock, and at such rates of interest as may be agreed upon between the respective parties, not exceeding seven per cent. per annum, payable semi-annually or quarterly, as they may direct, and may execute and issue securities therefor, and to secure the payment thereof may pledge the entire property and net income of such company by mortgage or otherwise. Said securities may be expressed in dollars or in the currency of the country where disposed of, and may be disposed of upon such terms and at such prices as may be agreed upon between the respective parties, not inconsistent with the laws of this state. The proceeds of How prosale of such securities shall be applied only as now required ceeds by law; provided, that nothing in this section or in the sec- be applied. tions of the revised statutes relating to railroad companies prior to section thirty-four hundred and thirty-seven, other

than in sections thirty-two hundred and eighty-seven, thirtytwo hundred and eighty-eight, and thirty-two hundred and eighty-nine shall be construed as affecting street railroads.

SEC. 2. That section 3309a, as amended March 13, 1883, be and the same is hereby repealed; and this act shall take effect and be in force from and after its passage.

L. A. BRUNNER,

Speaker pro tem. of the House of Representatives.
JOHN G. WARWICK,

Passed March 20, 1884.

President of the Senate.

General Assembly; duties of cer

tain officers.

Compensa tion of.

[House Bill No. 137.]

AN ACT

To define the duties of certain officers of the general assembly, and to provide payment for services rendered in the organization thereof.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the following named officers in each branch of the general assembly of Ohio, to be present at the organization of the next succeeding general assembly, and to assist in the organization thereof, to wit: The chief clerk, journal clerk, message clerk, sergeant-atarms of the senate, and the second assistant sergeant-at-arms of the Senate and House.

SEC. 2. Said clerks and sergeants-at-arms of the Senate and House of Representatives shall each be entitled to receive pay for services so rendered, at the rate of five dollars per diem, for a period not exceeding ten days; provided, that in case either of said officers shall have been re-elected to his position in the succeeding legislature, he shall only be entitled to the pay heretofore provided by law.

SEC. 3. This act shall take effect and be in force from and after its passage.

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To amend sections 1301 and 1302 of the revised statutes of Ohio.

SECTION 1, Be it enacted by the General Assembly of the State of Ohio, That section thirteen hundred and one and section

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