Estate directed or devised by will to be sold by executors, &c., who may sell. Section repealed. AN ACT To amend section sixty-five of an act entitled an act relating to wills, and the repeal of former acts relating thereto, passed May 3, 1852, and took effect June 1, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-five of the above recited act be so amended as to read as follows: Section 65. When a last will and testament is admitted to probate, or a will made out of this state is admitted to record as hereinbefore provided, and any lands, tenements or hereditaments are given or devised by such will to the executors therein named, or any of them, to be sold or conveyed, or such estate shall be thereby ordered to be sold by such executors, or any of them, and one or more of the executors so named die, refuse to act, or neglect to take upon themselves the exécution of the will, then all sales and conveyances of said estate by the executor or executors who took upon himself or themselves in this state the execution of the will, or the survivor or survivors of them, shall be equally valid as if the residue of the executors had joined in the sale and conveyance; but if none of the executors named in such will take upon themselves the execution thereof, or if all the executors who take out letters testamentary, die, resign or be removed before the sale and conveyance of such estate, or die, resign or be removed after the sale and before the conveyance is made, the sale or conveyance or both shall be made by the administrator with the will annexed. SEC. 2. Said original section sixty-five and the act entitled "an act to amend the act relating to wills," passed March 23, 1840, passed March 8, 1845, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. F. W. THORNHILL, Speaker of the House of Representatives. Passed Jan. 15, 1869. President of the Senate. Fifthjudicial district. AN ACT Fixing the times of holding district courts and courts of common pleas for the year 1869 in the 5th judicial district of the state of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the terms of the district courts and the courts of common pleas in the several counties in the 5th judicial district of the state of Ohio, for the year 1869, shall commence and be held at the times following, to wit: DISTRICT COURTS. Madison, May 4; Franklin, May 5; Pickaway, May 10; District COURTS OF COMMON PLEAS. Brown, February 9; June 1; November 2. SEC. 2. This act shall take effect and be in force from and after its passage. F. W. THORNHILL, Speaker of the House of Representatives. Common pleas courts. Passed January 14, 1869. J. C. LEE, President of the Senate. AN ACT Supplemental to the act entitled "an act to fix the compensation of members and officers of the general assembly," passed April 2, 1866. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the president of the senate and speaker of the house of representatives, each, to ascertain the number of days' actual attendance of each member and officer of their respective houses during the session of the general assembly, and the number of miles travel of each member to and from the seat of government, and certify the same to the auditor of state, together with the amount due such member or officer, according to the provisions of the act to which this is supplemental; and the auditor of state shall draw his warrant on the treasurer of state for the amount stated in such certificate, and the treasurer of state shall pay the same. SEC. 2. The words "actual attendance" used in the preceding section and in the act to which this is supplemental, Definition of shall be construed to include all days from the opening to the "actual at tendance." close of the session, except such days of absence as are not excused by the house to which the member or officer belongs. SEC. 3. This act shall take effect from its passage. F. W. THORNHILL, Speaker of the House of Representatives. Passed January 20th, 1869. President of the Senate. Change of first term in Wayne county. AN ACT To change the time fixed for holding the first term of the court of common pleas for the year 1869 in the county of Wayne. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the time for holding the first term of the court of common pleas for the year 1869 in the county of Wayne, as fixed by the judges of the sixth judicial district, be changed, and that said term be held on the sixth day of April, A. D. 1869, instead of on the eighth day of February, A. D. 1869, as fixed by said judges. SEC. 2. This act shall be in force from and after its pasage. Speaker of the House of Representatives. Passed January 28, 1869. J. C. LEE, President of the Senate. Appointment of mes senger, his term, compensation &c. AN ACT To provide for the appointment of a messenger of the supreme court. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the judges of the supreme court be and and they are hereby authorized to appoint a messenger of the supreme court, who shall attend the sessions of the court and perform such duties as said court shall direct. Said messenger shall be appointed from term to term as the judges may deem expedient, and shall receive for his services two dollars Speaker of the House of Representatives. President of the Senate. Passed January 28, 1869. AN ACT To amend section ninety-three of the act entitled "an act of the jurisdiction and procedure before justices of the peace, and of the duties of constables in civil courts," passed March 14, 1853. (S. & C., 786.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section ninety-three of the above entitled act be amended so as to read as follows: Sec. 93. In all cases before a justice of the peace, whether tried by a jury or by the justice, either party shall have the right to except to the opinion of the justice upon any question of law arising during the trial of the cause; and when either party shall allege such exception, it shall be the duty of the justice to sign and seal a bill containing such exceptions if truly alleged, with the point decided, so that the same may be made part of the record in the cause; and whenever either party during the trial shall require time to prepare his bill of exceptions, the justice shall appoint a time when the same shall be settled and signed, not more than five days from the day of trial. SEC. 2. That section ninety-three of said act be and the Section same is hereby repealed, provided such repeal shall not affect repealed. any right which has accrued under said section. SEC. 3. This act shall take effect and be in force from and after its passage. F. W. THORNHILL, Speaker of the House of Representatives. J. C. LEE, Passed February 11, 1869. President of the Senate. Subscription books, elec tion of directors, &c. Section repealed. AN ACT To amend section two of an act supplementary to an act to provide for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852, passed April 6, 1859. (Swan and Critchfield, p. 345.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of an act supplementary to an act to provide for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852; passed April 6, and took effect May 1, 1859, be sò amended as to read as follows: Sec. 2. That the corporators named in said certificate shall open the books of the said company for subscription to the capital stock of said company, and as soon thereafter as ten per cent. of the capital stock shall be subscribed and paid in money, they shall call a meeting of the persons who shall have subscribed stock as aforesaid, by giving three weeks notice of the time and place of such meeting in some newspaper circulating along the line of such improvement, and shall then and there proceed to elect five directors, who shall be stockholders in said company, who shall hold their office as such directors for one year from and after said election, and until their successors shall be elected and qualified, one of whom shall be president, and one treasurer, and one secretary, to be named on the tickets when voted for by the stockholders as aforesaid. Each stockholder shall be entitled to one vote for each and every share of stock that he may own, and after the first election no stockholder shall be entitled to a greater number of votes than the number of shares he may have paid into the said company. SEC. 2. Original section two of the above recited act, to which this is amendatory, is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. A. T. WALLING, Speaker pro tem. of the House of Representatives. Passed February 11th, 1869. President of the Senate. AN ACT To authorize county commissioners in certain cases to accept devises and legacies, and to erect and maintain an orphan asylum in connection with a "Children's Home." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any person has heretofore by his or |