And said trustees shall provide for the payment of all interest on the city bonded debt, and for bonds falling due, and for this purpose only may sell or use any of the securities or money in their possession. SEC. 7. All moneys shall be drawn by check, signed by the president of the board and attested by the clerk and at least two members of the board; all securities or evidences of debt held by them for the city shall be deposited in some safety deposit company within said city, or if none exists, in one which shall be specially provided by them in some place of safety, and when so deposited, shall only be drawn upon the written application of three members, and in the presence of at least two members of the board. SEC. 8. Said trustees shall have charge of and receive all moneys paiel on bonds issued for the improvement of private property, or the cities' portion of the same, and shall have power, in the name of the city, to enforce the payment of any claim due the city on the same. Use of money and se curities. How moneys shall be drawn and deposited. Trustees shall have charge of moneys and enforce payment of claims due the city. Interest on southern rail etc. SEC. 9. Before the trustees shall fix the rate of taxation for the interest on the southern railroad bonds, they shall have power, and are authorized, to call upon the trustees of road bonds, said road for a statement of said trust, and shall have power to enter in and examine the same, and any money or property which may be in their possession, and which is not necessary to the use of said road, shall be converted into money and credited to the interest account of said road. And all moneys or valuable considerations which may be received by said trustees for the running of said road, or any part thereof, and which is not needed for the further construction of the same, shall be received by them, and credited to the interest account as before provided. SEC. 10. Said trustees shall take charge of the collection of rents due to said city for any property thereof which has been leased or rented by it, and collect said rents, and in case of failure to collect, shall in the name of said city, prosecute the same in any court having proper jurisdiction, and it is hereby made the duty of the city solicitor to attend to such prosecutions, and all moneys so received shall be credited to the yearly interest account of said city, and invested as other funds. SEC. 11. This act shall take effect from and after its passage. Passed May 3, 1877. C. H. GROSVENOR, H. W. CURTISS, Disposition etc., in possession of railroad trus of moneys, tees. Trustees shall collect rent on city property. Power of trustees to prosecute. Disposition of moneys collected. Where officers can not get posses AN ACT To amend section two hundred of an act to establish a code of civil procedure. [S. & S., page 550.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two hundred of " an act to establish a code of civil procedure" (S. & S., page 550), be so amended as to read as follows: PROCEEDINGS AGAINST GARNISHEE. Section 200. When the plaintiff, his agent, or attorney, shall make oath, in writing, that he has good reason to and does believe that any person or corporation, in said affidavit sion of prop- named, has property of the defendant in his possession (de erty. Where garnishees may be brought. Clerk of common pleas shall return answer to scribing the same), if the officer can not get possession of such property, he shall leave with such garnishee a copy of the order of attachment, with a written notice that he appear in court and answer, as provided in section two hundred and fourteen. If the garnishee shall not reside in the county in which the order of attachment shall be issued, the process may be served by the proper officer of the county in which the garnishee shall reside (or of any county where the garnishee may be personally served), and the answer of the garnishee shall be made before the clerk of the court of common pleas of the county in which the garnishee may reside, within the time required for the filing of answers by garnishees. Any special examination of such garnishee, which may be ordered by the court, shall be in the county in which he may reside; and should suit be brought against such garnishee, under the provisions of section two hundred and eighteen of this act, such suit shall be brought in the county in which the garnishee shall reside. The above provisions shall apply only to garnishees resident of the state. Garnishees, non-resident of state, shall be compelled to answer in the court in which suit is brought, and in the county where service is obtained. The clerk of the court of common pleas, before whom the answer aforesaid shall be made, shall transmit the same to the clerk of the courtin which the suit shall be commenced, in the same manner as depositions are required to be diclerk of court rected and transmitted, and shall receive for his services in which suit shall be commenced. Service of process is binding upon sheriff, elerk, etc. such fees as are allowed by law for taking depositions, and to clerks for furnishing certificates, with their seals of office attached. In all cases in which the garnishee shall admit an indebtedness to the defendant, and the court shall order the same or any part thereof, to the plaintiff, if the garnishee shall not pay the same according to such order, execution may issue thereon as upon judgments for the payment of money. The service of process upon the sheriff, coroner, clerk, constable, master commissioner, marshal of any incorporated city or village, or other officer having any money, claim, or other property of the defendant in his possession, or in which the defendant may have any interest, shall bind the same, from the time of such service, and shall be a legal excuse to such officers, to extend of the demand of the plaintiff, for not paying such money or delivering such claim or property to the defendant, as by law, or the terms of the process in his hands, he would otherwise be bound to do. SEC. 2. Said section two hundred as amended, shall apply to all cases now pending wherein non-resident garnishees have been served in this state. SEC. 3. Said section two hundred be and hereby is repealed, and this act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Passed May 3, 1877. AN ACT To amend section three hundred and thirteen of the code of civil procedure, as amended March 23, 1875. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three hundred and thirteen of the code of civil procedure be amended so as to read as follows: Section 313. No party to a civil action shall be allowed to testify, by virtue of section three hundred and ten, in any action where the adverse party is the guardian or trustee of a child or children of a deceased person, or of an idiot, or of a lunatic, or imbecile, or of a deaf and dumb person, or is the executor or administrator of a deceased person, or is a party claiming or defending as heir, grantee, or devisee of a deceased person, except in the following cases: provided, Proviso. that nothing herein contained, shall be so construed as to prevent any and all the heirs, grantees and legatees, from testifying in cases to contest the validity of, or to set aside, a will or deed of any ancestor or grantor, under whom they may claim title. to facts. 1st. In actions with an executor, administrator, guar- Testimony as dian, trustees of infants, heir or devisee, as above specified, a party may testify to facts which occurred after the death of the decedent or parent; and in actions with a guardian of an idiot, or a lunatic, or an imbecile, as above specified, a party may testify to facts which occurred after the appointment of such guardian. 2d. In actions upon contracts made by deceased persons through agents, and in which the agent shall testify, a party may testify to all that transpired between him and the agent Testimony of agents as to contracts. Testimony of persons having a direct interest. Testimony of witness other than an agent. Testimony as to book accounts. Deposition of a party who has died during the pending of suit. When oral testimony is admissible. in relation to such contracts, and the making thereof, and in relation to any conversations or transactions between himself and such agent, testified to by the agent. 3d. In actions of either of the classes above specified, in which any adverse party, or any person having a direct interest in the matter in controversy, shall be called as a witness and to testify to transactions or conversations with a party to such action, such party shall also be permitted to testify as to such specific transactions and conversations. 4th. In actions of either of the classes above specified, in which one party calls a witness other than an agent acting as such, or one interested, to prove conversations or admissions of the opposite party, occurring before the death of said deceased person, the opposite party may testify to the same conversations or admissions. 5th. In actions of either of the classes above specified, in which the claim of defense is founded on book accounts, a party may testify to his account book, that the same is a book of original entries, that the entries in the same were made by himself or a deceased person, or by a disinterested person now resident of the state at the time of trial, and on such authentication of the account book and entries, said book and entries shall be admissible evidence in the case. 6th. If the deposition of a party who has died during the pending of a suit, shall be given in evidence on the trial of such case, the opposite party may testify as to all matters and things contained in said deposition, and not excluded for irrelevancy or inadmissibility; or, if a party, after having given oral testimony in a case, shall die, such oral testimony may be proved on a further trial of the same case, in the same manner as the testimony of other deceased witnesses; and if such oral testimony shall be given, the opposite party may testify to all matters contained therein. In all actions by or against a surviving partner or partners, or surviving joint contractor or contractors, no adverse party to the suit shall be a competent witness to testify to transactions which took place with, or declaration or admission made by, the deceased partner, or joint contractor, in the absence of his surviving partner or joint contractor. 7th. In actions brought by executors or administrators, under an act passed March 25, 1851, entitled an act requiring compensation for causing death by wrongful act, neglect or default, and all acts amendatory or supplementary thereto. SEC. 2. Said act of March 23, 1875, is hereby repealed. SEC. 3. This act shall be in force from its passage. C. H. GROSVENOR, W. H. CURTISS, Passed May 3, 1877. AN ACT To amend section one of "An act to protect the elections of voluntary political associations and punish frauds therein," as passed April 20, 1874 (O. L., vol. 71, p. 104). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be so amended as to read as follows: Section 1. That all elections hereafter to be holden by ony voluntary political association or party in this state, for any delegates or managing committee, or for the nomination of candidates for public offices, may be called or ordered by published notice, upon a vote of a majority of the county, city, or township central or controlling committee of such voluntary political association or party of the county, city, or township, which may elect to accept the provisions of this act, which shall state the purpose, time, manner, conditions, together with the place or places of holding such election; also the authority by which the call or notice is published; and the person shall be named therein who is to supervise or preside at each poll where such election is to be holden; and the said person shall be a legal voter of the township, precinct, ward, or election district, for which he is named. Said notice shall likewise declare the qualifications of the persons to vote at such election: provided, that such prescribed qualifications shall not be inconsistent with those expressed in this act. SEC. 2. That said original section one of the above recited act, be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Passed May 3, 1877. AN ACT Vesting the police commissioners with certain powers and duties of a board of health in cities of the second class having a population of more than thirty-one thousand and less than thirty-five thousand at the last federal census, and not having a board of health. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all powers and duties connected with and incident to the suppression and removal of nuisances and infectious diseases, and the appointment of sanitary police by boards of health, as provided in chapter twenty-three of the municipal code, shall be and is hereby vested in the board of police commissioners of such cities of the second Duties and powers of board of police commissioners in cit ies of second class. |