any time aid estate acquired by either of said two or more corporations, shall not be deemed to revert or be impaired by means of anything in this act contained; Provided, That all rights of creditors, and all liens upon the property of either of said corporations, parties to said agreement, shall be and hereby are preserved unimpaired; and the respective corporations shall continue to exist so far as may be necessary to enforce the same; And provided further, that all the debts, liabilities and duties of either company shall thenceforth attach to such new corporation, and be enforced from the same to the same extent, and in the same manner, as if such debts, liabilities and duties had been originally incurred by it. SEC. 4. Any railroad company heretofore or hereafter Railroad com- incorporated, may, at any time, by means of subscription to panies may at the capital stock of any other company, or otherwise, aid each other such company in the construction of its railroad, for the purwith a view of pose of forming a connection of said last mentioned road consolidating, with the road owned by the company furnishing said aid; &c. How con companies may be enforced. or any railroad company organized in pursuance of law, may lease or purchase any part or all of any railroad constructed by any other company, if said company's lines of road are continuous or connected as aforesaid, upon such terms and conditions as may be agreed on between said companies respectively; or any two or more railroad companies whose lines are so connected, may enter into any arrangement for their common benefit, consistent with and calculated to promote the objects for which they were created; Provided, That no such aid shall be furnished, nor any such purchase, lease or arrangement perfected, until a meeting of the stockholders of each of said companies shall have been called by the directors thereof, at such time and place, and in such manner as they shall designate, and the holders of at least two-thirds of the stock of such company represented at such meeting in person or by proxy, and voting thereat, shall have assented thereto. SEC. 5. All contracts between railroad companies, under tracts between the provisions of this act, may be enforced by a decree of the supreme court, in a suit in chancery brought for that purpose; and any two judges of said court, in vacation, may, after hearing, make any provisional order or decree in such suit, which may be necessary to enforce such contracts, to be in force until the next session of said court in the proper county. Directors may negotiate bonds, &c. SEC. 6. The directors of any railroad company are hereby authorized to sell or negotiate the bonds or notes issued by said company, or received by it in payment of subscription to its capital stock or otherwise, at such times and at such places, either within or without this State, and at such rates as in their opinion will best advance the interests of such company; and if such bonds or notes are thus sold at a dis count, such sale shall be as valid in every respect as if sold at their par value JOHN F. MORSE, Speaker of the Senate. March 3, 1851. AN ACT Requiring township assessors to ascertain the quantity of wheat and corn raised in the State of Ohio. red to take a statement of corn raised, SEC. 1. Be it enacted by the General Assembly of the State of Township as Ohio, That it shall be the duty of each township assessor in sessors requi the State of Ohio, at the time of taking lists of property for taxation in each year, to require each person in their sever- the amount of al townships to make a statement specifying the number of wheat and acres they may have had in wheat and corn, and the quantity of wheat and corn by them produced in each preceding year, including the year 1850; and said assessors are hereby required to make a return of the aforesaid statement to the county auditor of their respective counties at the time of returning the lists of property for taxation. ༣ SEC. 2. That it shall be the duty of the auditor of each county to furnish to the assessors of their respective coun- tors to furnish County audities, such blanks as may be necessary for taking the afore- blank to assaid statements; and said county auditor shall, as soon as sessors, &c. possible after the aforesaid statements are returned to him, make out and forward to the Auditor of State, a statement showing the number of acres as aforesaid, and the aggregate quantity of wheat and corn raised in each township in their respective counties. SEC. 3. That it shall be the duty of the Auditor of State, on the receipt of the aforesaid statements, to make out and State auditor publish in the annual report of the State Board of Agricul- to publish the ture, a statement showing the number of acres as aforesaid, aggregate in report of and the aggregate quantity of wheat and corn raised in each Board of Agcounty in the State. SEC. 4. That the act passed February 28, 1851, is hereby repealed. This act to be and remain in force from and after its passage. JOHN F. MORSE, Speaker of the House of Representatives. CHARLES C. CONVERS, riculture. Act repealed. March 5, 1851. 10-G. L. Speaker of the Senate. Perso inte AN ACT For the more speedy collection of debts, &c., from Executors, Admnistrators and Guardians, in certain cases. SEC. 1. Be it enacted by the General Assembly of the State of ested in ettle- Ohio, That after six months from the time the settlement acment of execu- count of executors, administrators and guardians shall have tors, &c., to leave a precipe been, or may hereafter be settled by the court, and an order with clerk &c. of distribution made thereon, that it shall be lawful for any person interested therein, as distributee, clerk, sheriff, witness or master commissioner, or other person entitled to distribution of the estate, or fees for services rendered in the settlement of the same, his, her or their agent or attorney, to leave with the Clerk of the Court, in which such account has been or may be settled, a precipe for the purpose, directed to such clerk, whose duty it shall be, forthwith, to issue a citation, according to the direction of the precipe, against such executor, administrator or guardian, to show cause why judgment should not be entered and execution awarded against him, her or them for the amount found in favor of the plaintiff, to the citation by such settlement; which citation shall be served and returned by the sheriff or other officer, as in the case of a summons. Court to ren &c. SEC. 2. If such citation shall be served twenty days prior der judgment, to any regular term of such court, it shall be lawful at the next term after such service, if no good cause be shown to the contrary, for such court to render judgment and award execution thereon, in favor of such plaintiff to the citation, and against the defendant or defendants thereto, for the amount so found in favor of such plaintiff, by the settlement and order of distribution aforesaid, with interest and cost. Sureties may be made par ties, &c. When judg ment shall be delayed. SEC. 3. The sureties to the bond of such executor, administrator or guardian, may be made parties, defendants to such judgment, by scire facias in the same manner as the sureties of sheriffs, as directed in Swan's Collated Statutes, page 485, section xxxvII. SEC. 4. If service of the citation shall not be made twenty days before such regular term, then judgment shall not be entered against such executor, administrator or guardian, until after the intervention of one term. SEC. 5. The citation or scire facias aforesaid, may be directed to and served by the sheriff of any county in this State. But if such executor, administrator or guardian, or their may be served sureties on the bond, or either of them, reside out of this by sheriff, &c. State, the court being satisfied of the fact, either before or Scire facias after the return of such citation or scire facias, may order that such non-resident shall be brought into court by publication in some newspaper, as the court, in its discretion may direct. clude costs, SEC. 6. It shall be the duty of the clerk, on issuing exe- Clerk shal! incution on the judgment aforesaid, to include in such execu- &c. in execution all the costs or fees which have been or may be made tion. on settlement of the estate in court; and also the cost of the citation and scire facias as aforesaid; which costs or fees may be collected by the sheriff or other proper officer, together with the amount for which judgment may be entered in favor of such plaintiff as aforesaid. SEC. 7. This act to take effect and be in force from and after its passage. JOHN F. MORSE, Speaker of the House of Representatives. March 18, 1851 Speaker of the Senate. AN ACT To amend an act entitled "an act to amend the act entitled an act relating to Wills, passed March 23, 1840, and for other purposes," passed March 20, 1849. Title of pur chaser of &c. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the title of any bona fide purchaser of land, situate in this State, derived from the heir or heirs of any per- ds not to be son whose last will and testament may be rejected by the affected by recourt of any other State or Territory of the United States, jection of will, having jurisdiction of the probate thereof, acquired during the time such will remains rejected by such court, shall not be defeated or affected by the subsequent probate and establishment of such will; Provided, that if any person interested in such rejected will, shall, within one year from the rejection thereof by such probate court, remove the same to an appellate or superior court, by appeal, error or certiorari, or shall otherwise institute proceedings for the establishment of such will, agreeably to the laws of such State or territory, the title of the purchaser from such heir or heirs as aforesaid, shall not take effect until the final rejection of such will. to record. SEC. 2. The title of any bona fide purchaser to any lands Title not to be situated in this State, derived from the heir or heirs of any production of affected by person not a resident of this State, at the time of his or her will, unless death, shall not be defeated by the production of the will of will admitted such decedent, unless such will shall be admitted to record in the county where the land shall be situated, within two years from the final probate and establishment of such will in the State or territory in which it may have been produced for probate. Sections of 99 SEC. 3. The second and fourth sections of an act, passed former act re- March 20th, 1849, entitled "an act to amend an act relating pealed. to wills, passed March 23d, 1840, and for other purposes,' be, and the same are hereby repealed; Provided, that such repeal shall not be construed so as to affect any bona fide purchaser for a valuable consideration, without notice of the will, who holds by either a legal or equitable title. JOHN F. MORSE, Specker of the House of Representatives. Speaker of the Senate. March 17, 1851. AN ACT To amend the act entitled "An Act to regulate the fees of Officers in Civil and SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That when any Sheriff, or other officer discharging the duties of Sheriff, shall return any process issued from the Court of Common Pleas, or other court, of any other county than that in which such Sheriff or other officer resides, in any other manner than by himself or his Deputy, personally, such Sheriff or other officer shall only be entitled to charge and receive mileage thereon, to be computed from the office of said officer to the place of service, and back to the office of said officer. SEC. 2. That so much of the act to which this is an amendment, as conflicts with this act, be, and the same is hereby repealed. JOHN F. MORSE, Speaker of the House of Representatives. March 21, 1851. Speaker of the Senate. |