Sale of mort gaged prop erty. Proceedings to obtain re versal, &c. either in the presence of the other during coverture, unless such communication was made or such act was done, within the known presence, hearing, or knowledge of a third person competent of being a witness, whether the husband or wife be called as a witness while that relation subsists or afterwards. SEC. 5. That section three hundred and seventy-four of the code of civil procedure as amended by act of March 29, 1859, be amended so as to read as follows: Sec. 374. In the foreclosure of a mortgage, the sale of the mortgaged premises shall in all cases be ordered; and when the mortgage forclosed embraces an entire tract of land, or separate tracts of land situated in two or more counties in the state, the sheriff of each county in which such separate tract or tracts of lands are situated, shall be ordered to make sale of the land situated in the county of which he is the sheriff, unless in the opinion of the court ordering the sale, the circumstances of the case, or the interests of the parties shall appear to require the sale to be made by a single officer; in which case the said court may order the sale to be made by the sheriff of either county in which any part of the mortgaged premises may be situated, or by a master commissioner, and the court may order the lands to be sold entire or in parcels, as the interests of the parties may require; and in such cases the mortgaged prem. ises shall be appraised by three disinterested freeholders of either or any of the counties in which said lands may be situated, and notice of the sale shall be given by advertise. ment in such of said counties as is required in the case of the sale of real estate on execution; and the court may, in the order of sale, or on confirmation of the sale, make such order touching the distribution of the proceeds of sale, as may be necessary to protect and preserve the relative rights and privileges of all lien holders on such premises or on the several parcels thereof. And in all cases where said lands or any parcels thereof, have been, or may hereafter be twice advertised and offered for sale, and shall remain unsold for want of bidders, and the court being satisfied thereof, it shall be the duty of the court from which the order of sale issued, on motion of the plaintiff or defendant at the time of ordering such new appraisement, also order that said land be sold on time as follows: One third cash in hand, one-third in nine months from the day of sale, and the remaining third in eighteen months from day of sale, the deferred payments to draw six per cent. interest, and to be secured by mortgage on the premises. SEC. 6. That section five hundred and seventeen of the code of civil procedure be amended so as to read as follows: Sec. 517. The plaintiff in error shall file with his petition an authenticated transcript of the docket or journal entries, and of the final judgment or decree made and rendered in the case, together with the original papers and pleadings in the case: Provided, that if, before the filing of the petition in error, a complete record shall not have made in the court, board or tribunal, to reverse, vacate or modify whose judg ment or order such petition is filed, the said court, board or SEC. 8. That section five hundred and thirty-two of the code of civil procedure be amended so as to read as follows: Section 532. When the proceedings of a justice of the peace are taken on error to the court of common pleas, in manner aforesaid, and the judgment of such justice shall be reversed or set aside, the court shall render judgment of reversal, and for the costs that have accrued up to that time, in favor of the plaintiff in error, and award execution therefor; and the cause shall be retained by the court for trial and final judg ment, as in cases of appeal: Provided, that when such judgment of the justice shall be reversed or set aside for the reason that such justice had no jurisdiction of the plaintiff in Proceedings on reversal, &c., of judg ment or or der. Proceedings on reversal of judgment by justice. Parties in actions concerning real property. Sections repealed. error, or of the subject matter of the action, such cause shall not be retained by the court. SEC. 9. That section five hundred and fifty-seven of the code of civil procedure be amended so as to read as follows: Section 557. (DLVII.) An action may be brought by any person in possession, by himself or tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse estate or interest. In all actions brought for the recovery of purchase money of real estate, by vendor against vendee, it shall be competent for such vendee, notwithstanding his continued possession, to set up, by way of counter claim, any breach of the covenants of title acquired by him from the plaintiff, and to make any and all persons claiming any adverse estate or interest therein parties to the cause; and upon the hearing he shall be entitled to recourse against the plaintiff's demand [for] the present worth of any existing lien or incumbrance thereon, and if the adverse estate or interest of the said claimants shall be an estate in reversion or remainder, or contingent upon a future event, the court may, at its discretion, require the vendee to surrender the possession to his vendor, upon the repayment of so much of the purchase money as shall have been paid thereon, with interest, or it may direct the payment of the purchase money claimed in the action, upon the plaintiff's giying bond in double the amount thereof, with two or more sureties, to be approved by the court, for the repayment of the same, with interest, if the defendant his privities of contract shall subsequently be evicted by reason of said defect. SEC. 10. That said original sections twenty-eight, one hundred and eighty-one, three hundred and thirteen, as amended by act of March 31, 1864, as amended April 15, 1867, three hundred and fourteen, as amended February 16, 1866, three hundred and seventy-four, as amended by an act of March 29, 1859, five hundred and seventeen, five hundred and twenty-six, five hundred and thirty-two, and five hundred and fifty-seven, be and the same are hereby repealed. SEC. 11. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 18, 1870. LOCAL AND SPECIAL ACTS. AN ACT To authorize the trustees of Twin township, Preble county, to levy a tax for bridge purposes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of Twin township, Preble county, be authorized to levy a tax, not exceeding two thousand dollars, on the taxable property within the limits of said township, to assist in building a bridge across Twin creek, where the free turnpike road leading from Breenersville, in Preble county, to Pyrmont, in Montgomery county, crosses said creek in said township; and said trustees shall certify the amount, not exceeding two thousand dollars, to the county auditor, who shall place the same on the tax duplicate for said township, to be collected as other taxes, and paid to the proper township officers, to be expended for the purpose for which it it was created. SEC. 2. This act shall take effect on its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed February 10, 1870. President of the Senate. AN ACT To amend section one of an act entitled "an act to authorize the commissioners of Montgomery county to erect a building to contain court rooms, county offices, and for other purposes," passed and took effect February 25, 1869. (O. L., vol. 66, p. 359.) 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 the commissioners of Montgomery county be and they are hereby empowered to erect a building of such dimensions as they may deem best for the interests of the county, upon the lot next north of the court house, in the city of Dayton, to contain court rooms, business rooms, halls and offices, at a cost not to exceed one hundred thousand dollars: Provided, that before said commissioners shall proceed to erect such building, the question shall be submitted to a vote of the people of said county, at an annual election; and if a majority of the votes cast at said election shall be in favor of a tax to be levied for such purpose, then said commissioners shall be fully authorized to proceed as before stated. And the voter shall have placed on his ticket: tax for public building; or, no tax for public building; but all tickets that do not contain a vote on the question so submitted, shall not be counted in the aggregate of votes provided for; and the several boards of election shall, forthwith after such election, certify the result to the county commissioners. SEC. 2. That 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. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed February 10, 1870. President of the Senate. AN ACT Supplementary to an act "to provide for locating, establishing and constructing ditches and drains in Hog Creek Marsh, in Hardin county, Ohio," passed April 15, 1867. (O. L., vol. 64, page 305.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of Hardin county be and they are hereby authorized to make contracts for the construction of a proper outlet, sufficient to drain said marsh, down the channel of Hog creek, and that they are authorized to obtain by grant, or take possession, from the owner or owners of lands through which said ditch will pass, the right of way, and to take the stone out, necessary to the construction of said ditch, and dispose of the stone to the best advantage, the proceeds to apply on the cost of the same and the removing thereof. SEC. 2. And when said commissioners and the owner or owners of said lands so appropriated, or of the said stone, fail to agree as to the amount of compensation, then the same shall be ascertained and adjusted by said commissioners, under the laws now in force providing for the compensation for private property appropriated to public use. Said commissioners are hereby authorized to employ a competent surveyor and engineer, whose fees shall be the same per day as are provided by law in like cases, who shall discharge the duties of surveyor and engineer until discharged, or his successor is appointed by said commissioners. SEC. 3. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed March 1, 1870. President of the Senate. AN ACT To amend section 1 of an act entitled "An act to authorize the trustees of Harrison township, Champaign county, Ohio, to levy a special tax," passed March 24th, 1869. (O. L. vol. 66, page 374.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above named act, passed March 24th, 1869, be amended so as to read as follows: |