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GENERAL AND LOCAL LAWS

AND

JOINT RESOLUTIONS

PASSED BY THE

SIXTY-FIRST GENERAL ASSEMBLY

OF THE

STATE OF OHIO,

AT ITS SECOND SESSION,

BEGUN AND HELD IN THE CITY OF COLUMBUS, DECEMBER 1, 1874.

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COLUMBUS:
NEVINS & MYERS, STATE PRINTERS.

1875.

366575

GENERAL LAWS.

AN ACT
To amend the first section of an act entitled "An act re-

lating to wills, and the repeal of former acts relating
thereto,” passed May 3, 1852, took effect June 1, 1852.
(S. & C., 1615.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the first section of the above entitled act be so amended as to read as follows:

Section 1. That any person of full age and sound mem- Who may de ory, having an interest in lands, tenements, or hereditaments, vise, and or any annuity or rent charged upon or issuing out of the what may be

devised. same, or any goods, chattels, rights, credits, choses in action or possession, or any other property of any description what ever, may give and devise the same to any person, by last will and testament, lawfully executerl; subject, devertheless, to the rights of creditors, and to the provisions of this act, and of an act entitled “ An act to restrain the entailment of real estate;" Provided, that if such testator or testatrix shall Devises for die, leaving issue of his or her body living, or their legal rep- charitable resentatives, or shall leave an adopted child or children liv.

purposes,

&c., must be ing, or their legal representatives, and said will give, devise, made at least or bequeath such estate, in whole or in part, to any benevo. a year before lept, religious, educational or charitable purpose, or to any death of dev

isee. person in trust for any of such parposes, whether such trust appears upon the face of the instrument making such gift, devise, or bequest or not, to the state of Ohio, or any state or country, to any county, township, city, incorporated village, or other corporation or association, in this or any other state or country, in such case said last will, as to such gift, devise, or bequest, shall be invalid and void, unless such will (or if contained in a codicil thereto, then such codicil) shall have been duly executed according to law at least twelve calendar months prior to the decease of such testator or testatrix.

SEC. 2. That the first section of the above entitled act be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

GEO. L. CONVERSE,
Speaker of the House of Representatives.

ALPHONSO HART,

President of the Senate. Passed March 30, 1874. NOTE.-The above act is here republished, in pursuance of joint resolution of the General Assembly of January 7, 1875, on account of errors in the publication of the volume of laws of 1874.-SECRETARY OF STATE.

Venire facias for jury in capital cases.

Substitutes for persons disqualitied as jurors.

To amend að áct entitled an act to amend an act entitled

anaet.to establish a Code of Criminal Procedure for the State of Ohio, passed May 6, 1869, (O. L., Vol. 66, page 287); passeà March 30, 1874. (O. L., Vol. 71, page 58.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 125 of said original act be so amended as to read as follows:

Section 125. When any person charged with the commission of an offense tbe punishment whereof is capital, has been indicted, arraigned, and pleaded not guilty, it shall be the duty of the clerk of the court where the trial may be, at the instance of the prosecuting attorney, to proceed to draw from the box, as in other cases, thirty-six ballots, and to make out a venire facias to the sheriff, command. ing him to summon the persons whose names were so drawn, to appear before the court at the day fixed for the trial, to be therein specified, of the person so charged; and the venire facias shall be served at least fifteen days before the trial, and the persons so summoned to act as jurors sball be elect. ors, and have the qualitications of jurors as otherwise provided by law; Provided, if upon the return of the venire facias it shall appear to the clerk by the return of the sherift, that any person therein named is dead, absent, or removed from the county, or is disqualified from being a juror under the statutes by reasons of insanity, or conviction of crime, or because he is not an elector of said couniy, then it shall be the duty of said clerk to draw from the box a number of ballots equal to double the number of jurors so dead, absent or disqualified, and issue an alias venire facias for the appearance of such additional persons upon such trial; and upon the trial of said cause, the first thirty-six qualified electors of the county who answer to their names shall constitute the thirty-six jurors provided for by this act. And should it occur that upon the return of such alias venire facias there are still less than thirty-six qualified electors within the county drawn, then the clerk shall again draw double the number lacking as upon the first failure; and so on until thirty-six qualified electors are found; and provided further, if upon the impaneling of the jury drawn, summoned and returned as aforesaid, it be made appear to the court that any person whose name is returned upon the list of such jury is not an elector of said county, or is insane, or has died, or bas been convicted of crime, and there shall not be thirty-six competent jurors remaining on said list, the court may, on its motion, and shall, upon the motion of the prosecuting attorney or the defendant, order the clerk to proceed to draw a sufficient number of additional names from the jury.box, as in other cases, to make the number of competent jurors thirtysix.

SEC. 2. That section 125 of said original act, as amended March 30, 1874, be and the same is hereby repealed, and this

Procedure in case of deficiency upon impaneling jury.

act shall take effect on its passage, and shall apply to pend. Applicable ing actions, prosecutions, and proceedings, as well as to those to pending

actions. which may arise in the future.

GEO. L. CONVERSE,
Speaker of the House of Representatives.

ALPHONSO HART,

President of the Senate. Passed December 4, 1874.

AN ACT
For the better regulation of the Police Force in cities of

the first class having a population of two hundred thou-
sand or over, and to repeal an act entitled “An act to
establish a Board of Police Commissioners in certain
cities of the first class,” passed March 29th, 1873. (0.
L., Vol. 70, page 86.)

al of

SECTION 1. Be it enacted by the General Assembly of the Mayor to exState of Ohio, That in all cities of the first class, having at ercise police the last federal census a population of two hundred thousand powers in

certain and over, the police powers and duties shall be vested in and stics exercised by the mayor of such city, as hereinafter provided.

Ssc. 2. Immediately upon the passage of this act, the His powers mayor shall possess full power and authority over the police and duties. organization and discipline within such city, and shall have all the powers, rights and duties in reference to the appointments, selection, confirmation or removal of the police, aud the posseesion and control of all property, books, records and equipments belonging to the police department in all particulars in such city as herein provided.

SEC. 3. It shall be the duty of said mayor, together with Rules, &c., the superintendent of police, to enact, modify, repeal and subject to publish, in writing or printing, from time to time, orders, rules

common and regulations for the general discipline and duties of the council. police force, in conformity to this act, subject to the approval of the common council.

SEC. 4. The police force of any such city shall be appointed Appointby the mayor, and be composed of a superintendent of police, ment:

composition so many captains of police, not to exceed ted, so many lieu- of police tenants of police, not to exceed twenty, and so many watch- force. men or patrolmen, not to exceed three hundred as may be asked by said mayor, and approved and prescribed by ordi. nance of the common council of such city. Said superintendent, captains and lieutenants of police shall be appointed by the mayor, with the approval of the common council. The officers and members of such police force shall receive

Compensasuch compensation as shall be fixed by the common council tion of poof such city ; Provided, that the superintendent of police lice. Shall not receive a salary exceeding twenty-fire hundred dol. lars ($2500), five hundred dollars of which sam shall be paid by

und

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