Fourt'nth circuit Fifteenth circuit. Term may be continued. eighth day of May, and on the twenty fifth day of September; in the county of Allen, on the thirteenth day of May, and the thirtieth day of September; in the county of Hardin, on the twentieth day of May, and the ninth day of October; and in the county of Hancock, on the twenty seventh day of May, and on the fourteenth day of October. FOURTEENTH CIRCUIT. SEC. 13. The Court of Common Pleas in the fourteenth circuit, shall be held in the county of Lorain, on the sixth day of February, the first day of May, and the tenth day of September; in the county of Lake, on the twelfth day of March, the eleventh day of June, and the eighth day of October; in the county of Geauga, on the twenty sixth day of March, the twenty fifth day of June, and the twenty second day of October. FIFTEENTH CIRCUIT. SEC. 14. That the Court of Common Pleas in the fifteenth circuit, shall be held in the county of Belmont, on the eleventh day of March, the third day of June, and the ninth day of September; in the county of Monroe, on the first day of April, the twenty fourth day of June, and the thirtieth day of September; in the county of Guernsey, on the fifteenth day of April, the twenty ninth day of July, and the fourteenth day of October; in the county of Harrison, on the sixth day of May, the twelfth day of August, and the twenty eighth day of October; in the county of Jefferson, on the twentieth day of May, the twenty sixth day of August, and the eighteenth day of November. SEC. 15. That if the court in any county of any circuit, shall not have finished its business before the time fixed for holding the court in any other county of the same circuit, the court may continue its term for the purpose of transacting probate and testamentary business, granting letters of guardianship, licenses for taverns and ferries, and for return of process. Provision in re SEC. 16. That if any of the days fixed by this act for the gard to Sunday. commencement of any of said courts, shall be Sunday, such term shall commence on the next Monday thereafter; and that from and after the passage of this act the said courts shall annually be held, as by this act directed, until otherwise altered by law. Writs how to be returned. SEC. 17. That in all cases where writs of fieri facias et levari facias, venditioni, or orders of sale in chancery, are in the hands of any sheriff, or other officer, at the time of the pas sage of this act, and there is not sufficient time to return said writs by the second day of the term of any court, as fixed by this act, the said sheriff or other officer, may return said writs any time during the sitting of said court; and all sales and other proceedings had under and by virtue of said writs, shall have the same force and validity as if said sales had been made, and said writs returned, by the second day of the term of said court. SEC. 18. That so much of the act fixing the times for holding the Court of Common Pleas, passed February second, in the year one thousand eight hundred and forty three, and all acts amendatory thereof, so far as they conflict with the provisions of this act, be and the same are hereby repealed, provided that this repeal shall not extend to so much of said act as relates to the time of holding the first term of the court in Lorain county. JOHN M. GALLAGHER, Act repealed. February 13, 1844. Speaker of the Senate. AN ACT To regulate the times of holding the Court of Common Pleas in the county of Cuyahoga. SEC. 1. Be it enacted by the General Assembly of the State Cuyahoga counof Ohio, That the terms of the Court of Common Pleas for ty. the county of Cuyahoga, until otherwise provided by law, shall be held on the third Wednesday in February, the third Tuesday in May, the fourth Tuesday in August, and the first Tuesday in November, provided that said August term shall not be considered a term of said court for other than criminal and probate business. SEC. 2. That the clerk of said court, at the times, and in clerk to issue the manner prescribed by law, shall issue to the sheriff of said venire. county a venire facias, commanding him to summons the persons whose names shall be drawn, as provided by law for grand jurors, for the February, May, and November terms of said court, to attend as such grand jurors at the seat of justice of said county, on the second Monday of said terms, respectively, at ten o'clock, A. M., provided that it shall be the duty of said clerk, at least ten days before the next term of said court, to issue a venire facias, de novo, for the attendance as prescribed in the second section of this act, of the persons whose names have already been drawn for grand jurors at the next term of said court; and the sheriff of said county is hereby required to serve the same at any time before the first day of the term last aforesaid. Recognizances, how to be con SEC. 3. That all recognizances which have been entered into for the appearance of witnesses in criminal cases, at the next term of said court, shall be construed to be for their ap- strued. pearance on the second Monday of said term, and all recognizances hereafter taken for the appearance of witnesses in criminal cases at the February, May, and November terms of said court, shall require such appearance on the second Monday of said terms respectively. 3-G. L. Act repealed. SEC. 4. That so much of an act passed February ninth, one thousand eight hundred and thirty one, entitled "an act relating to juries," as makes it the duty of said clerk of the court of Common Pleas of said county of Cuyahoga to issue a venire facias for the attendance of the grand jury of said county, on the first day of the February, May and November terms of said court; and when so much of the "act fixing the times of holding the Court of Common Pleas," passed February second, in the year one thousand eight hundred and forty three, and all the acts amendatory thereto, as conflict with this act, be and the same are hereby repealed. JOHN M. GALLAGHER, Speaker of the House of Representatives. February 12, 1844. Speaker of the Senate. County road, recorded. AN ACT To amend an act entitled "An act for opening and regulating roads and highways,” passed SEC. 1. Be it enacted by the General Assembly of the State when establish of Ohio, That the commissioners of any county in this state ed, width to be shall be authorized, when they shall establish any county road, to cause to be entered on their records the width such road shall be opened, provided such road shall not be opened less. than forty, nor more than sixty feet. Viewers to re of road. to be less than SEC. 2. That whenever the commissioners of any county port as to width shall direct viewers to examine and report on any county road proposed to be established, they shall direct the viewers to report whether the public convenience require that such road shall be sixty feet in width; and if said viewers shall be of opinion that a county road should be established, and that a road of less width than sixty feet will as well promote the public convenience, they shall report the width which, in their County road not opinion, such road should be established and opened, but no county road shall be opened less than forty feet in width; provided, also, that it shall be lawful for the county commissionWhen commis- ers of any county in this state, upon notice being given, as is required in the act to which this is an amendment, and on petition being presented to them for lessening or reducing the width of any county road in this state, already laid out and established, if the commissioners shall deem it just and proper so to do after actual view, to reduce the width of any such county road to any width not less than forty feet, and shall order the county auditor to make a record of the same. forty feet wide. sioners may re duce width of county road. SEC. 3. That so much of an act entitled "An act for open- Repealing ing and regulating roads and highways," passed March four- clause. teen, one thousand eight hundred and thirty one, as requires that all county roads shall be sixty feet in width, be and the same is hereby repealed; that nothing in this act shall be so construed as to apply to the counties of Hardin, Allen, Vanwert, Putnam, Paulding, Williams, Henry and Lucas. JOHN M. GALLAGHER, February 15, 1844. Speaker of the Senate. AN ACT To amend the act entitled "An act to incorporate the Bank of Wooster," passed February 14, 1834, and to repeal so much of the 19th section of the act entitled "an act to amend the act entitled 'an act to regulate Banking in Ohio,'" passed February 21, 1843, as relates to said Bank of Wooster, and for other purposes. Whereas, the stockholders of the Bank of Wooster have presented their petition to this General Assembly, setting forth their inability to transact business under the present restrictive laws relating to banking in this state, and praying to be restored to their original rights and privileges under their charter, subject, nevertheless, to the condition of individual and personal liability of the stockholders. And, whereas, said stockholders would be greatly injured in the settlement of the affairs of said bank if the time for the settlement thereof is not extended; therefore 1850. SEC. 1. Be it enacted by the General Assembly of the State Extending the of Ohio, That from and after the first day of March, in the charter until year one thousand eight hundred and forty four, and until the first day of June, in the year one thousand eight hundred and fifty, the president, directors and company of the Bank of Wooster shall be entitled to use, exercise and enjoy all the rights, privileges and immunities granted to them, by the act entitled "an act to incorporate the Bank of Wooster," passed February fourteen, one thousand eight hundred and thirty four, provided that each and all the stockholders of said bank do Stockholders to signify their assent to the liability mentioned in the second sec- sent to liability; tion of this act, by filing their written declaration thereof with Written declathe auditor of state, on or- before the first day of March, one ration to be filed thousand eight hundred and forty four; and provided, also, that with the Auditor said bank shall be subject to the other qualifications and restric- of State; tions hereinafter contained. signify their as SEC. 2. That from and after the first day of March, in the -To be individyear one thousand eight hundred and forty four, the stockhold- ually liable for ers of said Bank of Wooster shall be severally liable in their all claims; individual and private capacity for each and every valid claim -Except when. against said bank, except in cases where depositors and said bank shall otherwise agree. Board of directors. Punishment for embezzlement, &c. Repealing the the general banking law. SEC. 3. The board of directors of said bank shall consist of not less than nine nor more than thirteen members, at the discretion of the stockholders. If any president, director, trustee, cashier, or other officer, clerk or agent of said bank, shall embezzle or fraudulently convert to his own use, or shall fraudulently take or secrete any effects or property, or commit any breach of trust with intent to convert to his own use, or the use or benefit of any other person, any effects or property belonging to said bank or deposited therein, he shall be liable to a prosecution of indictment, and, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor not more than ten years nor less than one year. SEC. 5. That whenever the stockholders of the Bank of 19th section of Wooster shall have complied with the provisions of the first section of this act, then so much of the nineteenth section of the act entitled "an act to amend the act entitled 'an act to regulate banking in Ohio," passed February twenty one, one thousand eight hundred and forty three, as relates to the Bank of Wooster, shall be deemed as hereby repealed. Loans-limita ders and direc tors. SEC. 6. That it is unlawful for said bank to loan or discount tions to stockhol to any stockholder or director, upon any note or evidence of debt, or to permit any stockholder or director to become liable in any form to the bank, to a greater amount than one half the capital stock of such stockholder or director, actually possessed by him; provided, that nothing herein contained shall be so confide, bills of ex- strued as to prevent said bank from buying and selling, bona fide, bills of exchange at the market value. Sell, bona change. To keep one dol lar in gold or sil. ver in the vaults for every three dollars in circu lation. SEC. 7. That said Bank of Wooster shall be required to have and keep in the vaults thereof, as the actual property of said bank, an amount of gold or silver coin equal to one dollar for every three dollars of its circulation; and in case it shall so happen that said bank by the redemption of its notes, and the payment of its immediate liabilties, in gold or silver coin, shall violate so much of this section as relates to the proportion of its specie and circulation, it shall be unlawful for the directors of said bank, from the time such disproportion occurs to discount any note, bill, bond or other security, or in any manner pay out or put in circulation any of the circulating notes of said bank until the legal proportion of circulation and gold and silver coin shall be regained; and all such discounts made in violation of the provisions of this section shall be considered and held to all intents and purposes void; and the directors consenting to such violation shall be liable, jointly and severally in their individual capacities to said bank, for all damages Funds on de- arising to said bank for such violation; provided, that funds on posit equivalent deposit in Philadelphia, New York or Boston, subject to sight to gold and silver drafts by said bank, shall be deemed equivalent to gold and sil Penalty for excess of circulation. coin. |