Attorney's fee to be taxed in cost cross interrogatories, by order of the court, shall be allowed a reasonable fee therefor, to be taxed in the bill of costs. bill depositions may be taken Sec. 65. Such deposition shall be taken before one of the By whom such master commissioners in this State, or before some person specially authorized by a dedimus potestatem to take the same, and when taken, shall be returned to the court in which such petition is pending; and if the court shall be satisfied, that the depositions have been properly taken, and conformably to the provisions of this act, they shall order them to be made a part To be recorded of the record in the cause: and such original deposition, or a and made evi certified copy thereof, shall be evidence in any suit, which parties and priv may be thereafter litigated between the parties to such petiles touching said tion, or their privies, relative to the property which shall have subject matter been the subject matter thereof: Provided, The deponent can dence between Proviso Evidenceof aged, taken de bene not be obtained to testify in such subsequent suit or litigation. Sec. 66. If at any time, after filing such petition as aforesaid, the complainant shall prove by his own oath or otherwise, to the satisfaction of the court, or any judge thereof, in vacation, that any material witness is old, infirm, or about to leave infirm, or going the State, whereby he will be in danger of losing the evidence witness may be of such witness, by death, inability to testify or removal, the esse by order of court, or such judge in vacation, may make and cause to be filcourt or judge ed among the records in such cause, an order for taking the deposition of such aged, infirm, or going witness, de bene esse; and in case of the death or removal of such witness, before the defendant can be brought into court as above directed, such deposition shall be holden good and valid, as if the same had been taken by order of the court, after service of notice, or notice duly published. Its effect Sec. 67. All such petitions shall be filed, and proceedings by complainant therein had, at the proper costs of the complainant. Costs to be paid Sec. 68. The acts entitled "An act directing the mode of Acts repealed proceeding in chancery," passed 22d day of February, 1824 and the act to amend the act entitled "An Act directing the mode of proceeding in chancery," passed the 11th day of February, 1828, and the act to amend an act entitled "An Act defining the mode of proceeding in chancery." passed the 10th day of January, 1829, are hereby repealed: Provided. That all causes now pending and undetermined, and all petitions and proceedings which may be commenced before the taking effect of this act, shall be prosecuted and determined by the provisions of the foregoing acts; and all proceedings had, and decrees pronounced, shall be held valid and carried into effect by the provisions of the above recited acts. Saving clause This act to take effect from and after the first day of June next. Speaker of the House of Representatives. March 14th, 1831. SAMUEL R. MILLER, AN ACT to establish a Court in Bank, and to regulate its practice.. Sec 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of all the judges of the supreme Court in Bank, court, to meet annually in the town of Columbus, on the second when and where Monday of January, to hold a court in bank, for the final adju held dication of all such questions of law as may have been reserved in any county, for decision, at the said term, as hereinafter provided. For want of a quorum, ad Sec. 2. That any three of the said judges shall constitute a Three judges a quorum for the transaction of business; but if a quorum should questin fail to attend at the time and place appointed, then any one of the said judges, or in case of the failure of all the judges to at journirent from tend, then the crier of the court shall have power, and it is day to day hereby made his duty, to adjourn the said court, from day to day, until a quorum shall convene. causes continued Sec. 3. That if no quorum shall convene in ten days after If no quorum in the commencement of the term appointed by law, then, and in ten days. aff such case, all questions or other matters reserved for decision of the said term, shall stand continued to the next term of the said court, to be holden under the provisions of this act. cision in said court Sec. 4. That when any important or difficult question shall What questions arise in any proceeding at law or equity, pending before the reserved for de supreme court in any county, the judges thereof may reserve the same, and all other questions as to which the judges may be divided in opinion, shall, on motion of either party or his counsel, be reserved for decision, at the term of the court in bank, next thereafter, to be holden as aforesaid. Sec. 5. That the said court in bank shall have power to Continuances continue any question or matter reserved as aforesaid, when- may be granted ever, in their opinion, such continuance ought to be granted. of in writing, or Sec. 6. That whenever a question shall be reserved as afore- Arguments said, the arguments of counsel may be made in writing, and counsel may be transmitted to the judges, at their session in Columbus: but oral such court may, nevertheless, require oral arguments of al questions reserved as aforesaid, in cases where counsel are pre sent, and in attendance upon the court; and the court shall hear oral arguments, in all cases where the parties or their counsel shall request it. When oral arguments shall be heard Sec. 7. That whenever the court shall hear oral arguments, Te sit in court the judges shall sit in the court house, in the town of Colum- house bus. to hear arguments Decisions to be to cause was reser Sec. 8. That the court in bank shall cause its decisions, in each case, to be reduced to writing, and transmitted to the transmitted clerk of the supreme court of the county in which such ques- county in which tion was reserved; who shall enter the same on the journal of ved the said court: and such proceedings shall thereupon be had, as if such decision had been made in the said county. Sec. 9. That the said court in bank shall have power to prescribe rules for the reservation of all questions, and for the Court may prescribe rules of practice To appoint reporter transmitting of cases from the supreme court in the respective counties, to the court hereby established; and all such other rules as may be necessary and proper to regulate its practice. Sec. 10. That the said court shall appoint a reporter, whose term of service shall expire every five years, whose duty it His term of ser shall be to attend the session of the said court, and to report its vice and duties decisions, together with such other important decisions as he may be directed to report, and to cause the same to be published, as soon as may be conveniently done, after each term of the said court: Provided, That no arguments of counsel shall be counsel not pub- published with said reports, other than a brief containing a relished unless di- ference to the points made, and authorities cited and rened on rected by court by such counsel, unless specially directed by the court. Arguments of Sec. 11. That the reporter shall receive for his services, Salary of repor annually, a sum not exceeding three hundred dollars; to be allowed and certified by said judges, and paid out of the State treasury, on the order of the auditor of State. ter Secretary to sub Sec. 12. That the secretary of State shall subscribe, on be scribe for 100 half of the State, for one hundred copies of said.reports, subcopies of reports ject to the disposal of the General Assembly: Provided, That to the subscription price to the State shall not exceed one cent for each page, of the size of Johnson's New York Term Re: ports. Proviso price as Sec. 13. That the said court shall have power, and they are Court may ap: hereby authorized, to appoint a clerk and a crier, whenever point clerk and they shall deem it necessary. crier JAMES M. BELL, March 10, 1831, Speaker of the Senate: AN ACT relating to Juries. Sec. 1. Be it enacted by the General Assembly of the State of 108 jurors an Ohio, That one hundred and eight judicious persons, having nually selected the qualifications of electors, shall be annually selected in each county, to serve as grand and petit jurors the ensuing year. in each county Number for each Sec. 2. That the clerks of the courts of common pleas, in township ascer. their respective counties, shall, on the first Monday of Septemtained by clerk ber next, and on the first Monday of September annually of common pleas thereafter, cause the proportion of jurors to be ascertained of September from the number of white male inhabitants of the age of twen on first Monday ty-one years, in their respective townships: and shall make, in writing, a statement of the number of jurors apportioned to each township, and shall deliver the same to the sheriff: and tees, when and the sheriff, at the time he gives public notice of the general election to be holden on the second Tuesday of October, shall Notice to trusinsert a clause in his notification, to be set up at the place of how given holding the election, in the several townships of his county, giving the trustees notice of the number of persons to be returned as jurors from such township. township to se Sec. 3. That the trustees of each township shall, on the Trustees of second Tuesday of October next, and on the second Tuesday leet jurors on se of October annually thereafter, select, of good, judicious per- cond Tuesday of sons, having the qualifications of electors, their apportionment October of persons to be returned as jurors; and shall make a list thereof and deliver the same to the trustee or judge of election, whose duty it shall be to return to said clerk of the court the poll book of the election to be holden on said second Tuesday of October; and it shall be the duty of the trustee or judge of List to be returhelection, (as the case may be) to deliver said list of jurors to ed to clerk of the said clerk of the court, at the same time he shall return said with poll book poll book to said clerk of the court. common pleas to be put into a ner of drawing Sec. 4. That the respective clerks of the courts of common Names of jurore pleas, shall write the names of the persons so selected upon box separate pieces of paper, and put them into a box to be by him provided at the expense of the county; and the said clerk shall, at least thirty days previous to the sitting of the said Time and mancourt of common pleas in said county, in the presence of the jury for common sheriff of said county, (the sheriff having first shook the pleas box so as to mix the ballots on which the names are.written,) shall proceed to draw twenty-seven ballots; the first fifteen of whom shall be summoned as grand jurors, and the remaining twelve shall be summoned as petit jurors: and the said clerk shall forthwith issue a venire facias to the sheriff, com- Venire to issue manding him to summon the persons whose names were drawn as aforesaid, to attend as jurors at the seat of justice of said county, on the first day of the next term of the court of common pleas to be holden therein, at ten o'clock, A. M. ner of drawing Sec. 5. That the said clerk shall in like manner, at least Time and manthirty days previous to the sitting of the supreme court in any jury for supreme county, in the presence of the sheriff of said county, as hereto- court fore directed, draw out of the box in which are contained the names of the persons selected as aforesaid, twelve persons, and shall forthwith deposit in the office of the clerk of the supreme nire court of said county, a list of the names so drawn; and the clerk Clerk of supreme of the supreme court, immediately upon the receipt of the names court to Issue ve so deposited, shall issue a venire facias to the sheriff, commanding him to summons the persons drawn as aforesaid, to attend as jurors at the seat of justice of said county, on the first day of the supreme court next to be holden therein. Sec. 6. That the sheriff in either case, receiving such venire service of ventre facias, shall, at least ten days before the sitting of said court, summon such persons by reading the same in their presence, or leaving at their usual place of abode, a note or memorandum in 84 petit jurors for juries the words following, to wit: I am commanded to summon you to appear before the court of common pleas, or su preme court, (as the case may be) to be holden in , on the day of sion. Sec. 7. That in the county of Hamilton, there shall be eighHamiltonty-four judicious persons having the qualifications of electors, county, and two annually selected to serve as petit jurors: and the clerk of the 10 be court of common pleas shall, at the times, and in the manner above directed, draw two juries for each term, of said court; one of which juries shall be summoned to attend on the first day of the term, and the other on the first day of the third week of the term, to serve respectively as jurors in said court. drawn for each term move, his name thrown aside Juror drawn and excused name returned to the box Sec. 8. That if any person, selected a juror as aforesaid," 1 juror die or re- shall die, or remove out of the township, before the time of drawing for jurymen of any court, where such person's name shall be drawn out, it shall be thrown aside and another name taken in lieu thereof; and if, by reason of sickness or absence out of the county, before receiving such summons, or other sufficient excuse accepted by the court, any juror, summoned as aforesaid, shall not serve at the court to which he is sumfrom serving, his moned, his name shall be returned to the box and sball remain there, until drawn out at some at some subsequent drawing for jurors, when he shall serve, if no disability prevent: and at every annual selection for jurors, if there be any name undrawn in the box, the said trustees shall select so many persons to serve as jurors as will make up the number to be selected in each township; and in case there should not, by reason of challenge or otherwise, be a sufficient number of jurors present to make up the pannel, the sheriff fitted shall summon a sufficient number of talesmen to make up the deficient number: and at the close of any court, the names of all such persons as shall have served on the jury at that term, shall be taken out of the box and destroyed. Deficient parmel may be with talesmen Pannel of grand Sec. 9. That when a sufficient number of grand jurors shall jury may be fit not appear, who shall have been drawn and summoned agreeled with tales-ably to this act, before either of the courts at their stated term men Grand juror may or, if it should so happen that all the grand jurors, summoned as aforesaid, shall fail to attend, it shall, and may be lawful for the court, in either case, to order the sheriff, or other offiger, to summon from among the bystanders, or neighboring citizens, so many good and lawful men as are necessary to form or complete the pannel of the grand jury. Sec. 10. That any grand juror may be discharged by the court for misbehavior, or on the challenge of the prosecuting be discharged for attorney in behalf of the State, on good cause shown; and if misbehavior, or any person, not having the qualifications herein before speci |