Procedure in case of dis qualification of clerk, auditor or recorder. Parties requiring struck jury to pay costs thereof. auditor and recorder in the selection of the list of names for such jury. And said three officers shall select from the qualified electors of the county the names of forty persons impar tial between the parties, and who, from their intelligence and sound judgment, are believed to be well qualified to try such cause; and the auditor shall make and preserve in his office a list of the names of the persons so selected; and said clerk shall, without delay, give four days' notice to both parties, or their attorneys of record, of the time of striking such jury, furnishing to each at the same time a true copy of said list. And at the time designated the clerk shall attend at his office for the purpose of striking such jury, when the party demanding such jury, or his agent or attorney, shall strike off one name from the list, and the opposite party, his agent or attorney, another, and so on alternately until each shall have struck off twelve; and if either party shall fail or refuse to attend or strike in person or otherwise as aforesaid, the clerk shall strike for him. When twenty-four names shall have been stricken off as aforesaid, the clerk shall make a fair copy of the remaining sixteen names, certify them to be the list of the jurors struck for the trial of such cause, and deliver the same to the sheriff or other proper officer, together with the venire facias; and such officer shall annex the names therein contained to such venire facias, and summon the persons named as commanded. Upon the trial of the cause the jury so struck shall be called as they stand upon the panel, which order must be the same as that of the list at the time of striking the jury, and the first twelve of those who shall appear and are not challenged for cause, or set aside by the court, shall be the jury, and shall be sworn as such. But if a jury shall not be made from said sixteen jurors, the sheriff' shall, under the direction of the court, fill up the panel from the bystanders, or on motion of either party the court shall select the persons to fill the panel, and issue a special venire facias returnable forthwith therefor. SEC. 16. That if either the clerk of the court, auditor or recorder aforesaid, shall be interested in the cause, or sick or absent from the county, or related to either of the parties, or do not stand indifferent between them, then, in every such case, either one of the judges entitled to hold such court may, in term time or vacation, appoint some judicious and disinterested individual to take the place of such officer so disqualified, in selecting and striking the jury, and to do and perform all things required to be done by such officer when acting in that behalf; but in no case shall it be necessary to strike such jury more than six days previous to the sitting of the court at which the case is to be tried, and three days' service of the venire facias shall be sufficient. SEC. 17. That the party requiring such struck jury shall pay the fees for the striking, summoning, impanneling and qualifying the same, and a jury fee of eight dollars, and shall not have any allowance therefor in the taxation of costs, unless the court shall be of the opinion that the cause required such struck jury, in which case such extraordinary expenses shall be taxed in the bill of costs. And a jury struck as aforesaid may be continued with the continuance of the cause, and be summoned as jurors for the trial thereof at a subsequent term, unless the court shall otherwise order, upon good cause shown: Provided, the provisions of this and the two preceding sections shall not extend to any trial where a party is entitled to challenge peremptorily more than two jurors. SEC. 18. If any person, summoned as a juror, shall, without reasonable and lawful cause, to be judged of by the court, refuse to serve, he shall be fined in any sum not exceeding thirty dollars, as for a contempt of court. And if any juror, after being qualified, shall willfully refuse or neglect to obey or observe any order or injunction of the court, he may be fined as for contempt, in any sum, in its discretion, not exceeding one thousand dollars; and any fine so assessed may be colleeted by execution, and shall be paid into the county treasury and disbursed as other fines. SEC. 19. That no officer shall be allowed any compensation for services under this act, other than that allowed by law; and if any officer named in this act shall refuse or neg lect to perform any of the duties herein required, according to the true intent and meaning hereof, he shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction, be fined in any sum not exceeding one hundred dollars: Provided, if the trustees of any township shall fail to return the names of jurors as herein required, to the clerk of the court, such clerk shall, on ascertaining such fact, immediately notify such trustees of such failure, and they shall thereupon meet, and select and return to said clerk, without delay, the requisite number of names as aforesaid; and the names so returned shall be placed in the box as if returned with the poll books as aforesaid. SEC. 20. That any person who shall serve as a juror, grand or petit, or both, in the courts of this state for three weeks in any year, shall be exempt from further service as a juror during the balance of such year; but nothing herein contained shall entitle any juror to be discharged from the grand jury during its session, or from a petit jury during the trial of a cause. SEC. 21. That active members of fire engine companies, hook-and-ladder companies, or other companies for the extinguishment of fires, during the time they may continue such active members, and all clergymen and priests, physicians, attorneys-at-law, and all public officers while in office, shall be exempt from serving on juries. SEC. 22. That the following entitled acts, to wit: "An act relating to juries," (S. & C., 751); "An act to amend the act relating to juries," (Ibid., 757); An act to amend an act entitled "An act relating to juries, passed February 9, 1831," (Ibid., 758); "An act supplementary to the act relating to juries, passed February 9, 1831," (Ibid., 759); "An act supplementary to the act relating to juries, passed February 9, 1831, and to amend the 9th section of said act,” (Ibid., 7C0); · "An act relating to jurors," (Ibid.); "An act to provide for 6 Speaker of the House of Representatives. President of the Senate. Passed April 26, 1873. Companies for mining, manufacturing, &c., may hold necessary personal and real estate, & c. AN ACT To amend section one of an act entitled an act to amend section one of an act passed and took effect April 13, 1865, (62 vol. Stat., 143, Swan & Sayler, 166), entitled an act to authorize companies incorporated under the laws of this State to hold personal and real property, and to carry on business beyond the limits of the State, passed May 1, 1871. (O. L., vol. 68, p. 97.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any company incorporated, or which may be incorporated under the laws of this state, for the purpose of mining or boring for petroleum or rock oil, or coal oil, salt or other vegetable or mineral fluid in the earth, or for refining and purifying the same, quarrying stone or mar ble or slate, mining coal, iron, copper, lead, or other minerals, or manufacturing the same, or for manufacturing cotton or woolen fabrics, in whole or in part, or both, and carrying on business connected with the main objects of such corporation, may, in its corporate name take, hold and convey in any county in this state, such real and personal estate as is necessary or convenient for the purpose for which it was incorporated, and upon causing its original certificate of incorporation to be recorded by the recorder of such county, may there carry on its business or so much thereof as is convenient, and may also carry on its business or so much thereof as is convenient beyond the limits of this state, and may there hold any real or personal estate necessary or convenient for conducting the same. SEC. 2. That said section one is hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed April 26, 1873. President of the Senate. AN ACT To amend section five hundred and eight of an act entitled "An act for the organization and government of Municipal Corporations," passed May 7th, 1869. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section five hundred and eight of the act entitled "An act to provide for the organization and government of municipal corporations," passed May 7, 1869, be so amended as to read as follows: Section 508. The power to appropriate may also be exercised for the purpose of operating or extending streets or alleys across railway tracks and lands held or owned by railway companies: Provided, such appropriation shall not unnecessarily interfere with the reasonable use of such road or land by the railway company. Said power may also be exercised where it is necessary to require the right of way to, or additional grounds for, the enlargement or improvement of the public works herein specified. And whenever material is required for the construction, improvement or repair of any such works, the corporate authorities are empowered to appropriate and take the same, and for this purpose they may go outside the corporate limits. SEC. 2. Said original section five hundred and eight is hereby repealed. SEC. 3. This act shall be in force from and after its passage. N. H. VAN VORHES, Speaker of the Housef Representatives. JACOB MUELLER, Power of ap- Passed April 28, 1873. President of the Senate. Correction of results de clared in conillegal votes, sequence of etc. Where new elections may be o:dered. Pending proceedings not affected hereby. AN ACT Supplementary to an act entitled "An act regulating incorporations in the nature of proceeding in quo warranto, and regulating the manner of proceeding therein," passed March 17, 1838. (S. & C., R. S., 1264.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any court before which any information in the nature of quo warranto may be tried, shall find that at any election for a director or directors of a corporation, a number of illegal votes were cast and received and a number of legal votes were tendered and offered to be cast, but were rejected, or either thereof, sufficient to have changed the result of such election as declared thereat, it shall be the duty of the court to render judgment of ouster against the person or persons so declared to have been elected at such election, and also to render judgment of induction in favor of such person or persons as would have been entitled to be declared elected in case such illegal votes had not been received and the legal votes tendered and offered had been received; or, in case the same result would have followed, either from the non-reception of illegal votes, or the reception of legal votes refused as aforesaid. SEC. 2. The court, in any case where judgment of ouster is rendered in case of a contested election, such as is specified in section one, shall have power, if in its judgment right and justice requires it, to order a new election to be held under their direction and by judges elected by them for that purpose; notice of the election to be given for the time, at the place and in all respects as required by the laws in force at the time, applicable to such corporation except as to the date of holding such election, which date it shall be the duty of such court to fix, and also the election and acting of judges of the election as above provided, and the mandate of the court shall become obligatory upon the corporation as soon as a duly certified copy thereof is served upon the secretary of said corporation in person or by copy left at the principal office of the company, and the court shall have power to enforce obedience to its said mandate by attachment as for contempt of court, and in such other manner as they may deem necessary to carry said mandate into execution. SEC. 3. This act shall take effect and be in force from and after its passage: Provided, that nothing in this act con. tained, shall relate to or in any way affect proceedings now pending or elections heretofore held; but all such proceed. ings shall be proceeded in, and all contested elections of corporate officers heretofore held shall be adjudged as if this act had not passed. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 28, 1873. President of the Senate. |