one additional class of trustees for each of such additional conferences or other religious bodies, such additional classes to have in each a number of trustees equal to the number in any one of the former classes; and each of such additional conferences or other religious bodies shall have power to elect, as members of said board of trustees, the number in its class, one for one year, one for two years, and one for three years, and so on, to the extent of the number, and each of such additional conferences or other religious bodies shall have power to fill any and all vacancies in, or which may occur in its class. SEC. 5. That if the number of such patronizing conferences or other religious bodies shall at any time exceed six, the representation of each shall be reduced by lot in open session of the board of trustees, to a class of three trustees, if they exceed that number, who shall thereafter be elected to serve as trustees for the term of six years, and in that case the term of office of one trustee in each class shall expire every second year. SEC. 6. That any conference or other religious body not now known as patronizing any particular university or college, may become such patronizing conference or other religious body, by and with the consent of the conferences or other religious bodies at the time patronizing such university or college. SEC. 7. That each conference or other religious body patronizing any particular university or college, shall have power annually to appoint two visitors, who shall attend the meetings of the board of trustees of such university or college, and, with the trustees, shall constitute a joint board for the appointment and removal of all officers, professors and instructors of the university or college. Reduction of number of trustees. Accession of new confer ences, etc. Board for appointment and removal. etc. SEC. 8. That if any conference or other religious body Seceding patronizing any university or college, and having a repre- conferences, sentation in its board of trustees, shall cease to exist, or shall cease to patronize such university or college, the right of such conference or other religious body to such representation shall cease, and the board of trustees of such university or college shall be thereby and to that extent reduced in numbers. SEC. 9. That before any conference or other religious body not now represented in the board of trustees of any university or college, shall be entitled to be represented therein, and before any conference or other religios body now represented therein shall be deprived of such representation as provided for in section eight of this act, the said board of trustees shall declare and cause it to be entered in the record of their proceedings that the conditions and contingencies herein before provided for in that behalf have taken place. Record of proceedings in certain cases. SEC. 10. That eleven trustees shall constitute a quorum Quorum of of the board of trustees of any such university or college, board. whatever the number of trustees constituting the board of trustees may be or may become, provided that number be more than twenty. If that number be twenty, or less, then a majority thereof may constitute a quorum. SEC. 11. This act shall take effect on its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. President of the Senate. Passed May 13, 1868. Mode of con ducting trials. Charge to jury, etc. AN ACT To amend an act entitled "an act to amend section 266 of the act entitled an act to establish a code of civil procedure, passed March 11, 1853;" passed April 13, 1867. (O. L. vol. 64, p. 138.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the above entitled act, be so amended as to read as follows: Section 266. When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise direct: 1st-The plaintiff must briefly state his claim, and may briefly state the evidence by which he expects to sustain it. 2d-The defendant must then briefly state his defense, and may briefly state the evidence he expects to offer in support of it. 3d-The party who would be defeated if no evidence were offered on either side, must first produce his evidence; the adverse party will then produce his evidence. 4th-The parties shall then be confined to rebutting evidence, unless the court, for good reasons in the furtherance of justice, permits them to offer evidence in their original case. 5th-When the evidence is concluded, either party may request instruction to the jury on points of law, which shall be given or refused by the court, which instructions shall be reduced to writing if either party require it. 6th-The parties may then submit or argue the case to the jury. The party required first to produce his evidence shall have the opening and closing argument. If several defendants having separate defenses appear by different counsel, the court shall arrange their relative order. 7th--The court, after the argu...ent is concluded, shall immediately, and before proceeding with other business, charge the jury; which charge or any charge given after the conclusion of the argument, shall be reduced to writing by the court, if either party request it, before the argument to the jury is commenced; and such charge or charges, or any other charge or instruction provided for in this section, when so written and given, shall in no case be orally qualified, modified, or in any manner explained to the jury by the court ; and all written charges and instructions shall be taken by the jury in their retirement, and returned with their verdict into court, and shall remain on file with the papers of the case. SEC. 2. That the above entitled act be, and the same is Act repealed. hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives Passed May 13, 1868. President of the Senate. AN ACT Supplementary to the act entitled "an act to authorize the corporation of Union Depots," passed April 3, 1868. money, &c SECTION 1. Be it enacted by the General Assembly of the State of Ohio. That any company organized under the act entitled "an act to authorize the incorporation of "Union Company Depots," passed April 3, 1868, shall have power to borrow may borrow money on the credit of the corporation, not exceeding its authorized capital stock, at a rate of interest not exceeding seven per cent. per annum, payable semi-annually, and may execute notes or bonds therefor, in sums not less than one hundred dollars, and execute a mortgage or trust deed apon its property then or thereafter acquired to secure the payment of the principal and interest; and the stockholders of such corporation are hereby authorized to guarantee the payment of the same, and such union corporation may dispose of such notes or bonds at such rate of premium or discount as the directors may deem best for its interests. SEC. 2. This act to be in force and take effect from and after its passage. Speaker of the House of Representatives. JOHN F. FOLLETT, President of the Senate. Passed May 13, 1868. AN ACT To provide for the incorporation of musical associations, or for the sale of musical works and sheet music or other books, periodicals, newspapers and stationery. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any number of persons, not less thau five, may associate themselves together and become a body corporate for the purpose of encouraging and cultivating a taste for music, or for the sale of musical works, and sheet music or other books, periodicals, newspapers and stationery. Who may be come bodies corporate. How organized, &c SEC. 2. The persons so associating shall, under their hands and seals, make a certificate and acknowledge the same before a justice of the peace, in which shall be specified the name of the association, the object of its formation, and the county in which it shall be located, and shall record the same in the office of the recorder of such county; such association shall be deemed a body corporate and politic, with succession, and with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, acquire and convey at pleasure all such real and personal estate as may be necessary and convenient to carry into effect the objects of the corporation; to make and use a common seal, and the same to alter at pleasure, to elect such officers and make such rules and regulations, and do all needful acts that may be necessary to carry into effect the objects for which such association was created. SEC. 3. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. Passed May 13, 1868. President of the Senate. When origi nal act shall take effect. AN ACT Supplementary to an act "to provide for the election of an additional judge of the court of common pleas for the second subdivision of the fifth judicial district," passed May 6, 1868. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the above recited act shall take effect and be in force from and after the first day of June, A. D., 1868. SEC. 2. This act shall take effect and be in force from and after its passage. Speaker of the House of Representatives. JOHN F. FOLLETT, J. C. LEE, President of the Senate. Passed May 13, 1868. AN ACT To authorize receivers of insolvent railroad companies to sell unfinished road-beds and franchises. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That real and personal property, road bed, rights of way, fixtures, and franchises of any insolvent railroad company in the state of Ohio, which now is or hereafter shall be in the hands of a receiver appointed by any court of competent jurisdiction, and which company shall not have completed any part of its road, and when no part of the same has been must file petition, etc. conveyed by deed of trust or mortgage, may be sold at judicial sale, and the title thereto, with all the rights, liberties, faculties and franchises, shall pass by such sale and vest in the purchaser or purchasers thereof as fully as the same had been possessed, exercised and enjoyed by such company. SEC. 2. Before any such sale shall be ordered, the re- Receiver ceiver shall file in such court his petition therefor, in which he shall set forth the names of the creditors of such company, with the sums due to each as nearly as can be ascertained, a statement of its assets, exclusive of its road-bed, rights of way and franchises, and a pertinent description in general terms of the road-bed, rights of way and property so sought to be sold; and shall cause notice thereof to be published for six consecutive weeks in some newspaper printed and of general circulation in each of the counties into which and through which any part of such road-bed is situated, and any creditor shall, at any time before the distribution of the proceeds of such sale, have the right to appear and set up his claim by answer, and have the same determined by the court, if the same be omitted from or inaccurately stated in the petition. SEC. 3. That the court, on proof of the publication of such notice, and on being satisfied that such sale is necessary for the payment of the indebtedness of such company, shall order the sale of such road, road-bed, rights of way, property and franchises, upon such terms as to payment as the court may deem proper; and shall issue their order to such receiver, commanding him that he cause the same to be appraised by commissioners to be selected by the court, skilled in the coustruction and value of such road-beds as they may be called upon to appraise, having the qualifications of freeholders, not less than three in number, and consisting of at least one from each county in which any part of such road-bed is situated, and such proceedings shall be had under such order as is now provided by law in the sales of real estate made by order of court in other cases so far as the same may be applicable. Order of sale by court. SEC. 4. That before any such sale shall be made, notice Publication thereof shall be given by publication in some newspaper pub- of notice. lished as aforesaid in each of the counties through which said road is located, and also in some newspaper published and of general circulation in each of the cities of New York and Cincinnati, for at least thirty (30) days prior to the day of sale; provided, that such sale shall not be made for less than two-thirds the appraised value thereof, unless upon the same having been twice offered and not sold, the court shall, in its discretion, order a re-appraisement. SEC. 5. That upon such sale being made and reported to such court, the court being satisfied that the same has been fairly and properly conducted in all respects in accordance with the provisions of this act and of the order of the court granting the same, shall cause such sale to be confirmed, and shall order such receiver to execute and deliver to the purchaser or purchasers a deed of conveyance for the road, road 13-LAWS. Confirmation of sale. |