The street and number or a particular description of every address shall be given. Such report shall be in such form as the tax commission may prescribe. Any corporation which shall fail for ten days after written request to elect or appoint such officers, directors, or agents, or any of them, as herein provided, or to file any such report, shall be subject to a penalty of one hundred dollars, and the further penalty of ten dollars for every day after such request that such default shall continue, to be paid to the person making such request. If process cannot be otherwise served on any domestic corporation, it may be served on any such officer, director, or agent and if process cannot be served on any such officer, director, or agent, and if any domestic corporation shall have failed to designate an agent or agents for service of process or any such officer, director or agent cannot be found at the designated office of such domestic corporation, service of process upon such corporation may be had by serving the secretary of state by personally delivering to or leaving with him or an assistant secretary of state, duplicate copies of such process and paying to the secretary of state a fee of $5.00, which shall be included in the taxable costs of the suit, action or proceeding. Upon the receipt of such process and fee the secretary of state shall forthwith, by telegraph, give notice of the service of such process to the corporation at its principal office in this state, and shall forward to such office, by registered mail with request for return receipt, a copy of such process; provided, however, that failure to give such notice or to mail copies of such process shall not affect the validity of the service. Sec. 8623-130. By what laws governed. SECTION 130. Corporations created before the adoption of the constitution of 1851, which have not, by election or some other act, come to be governed by laws since passed, shall be governed and controlled by the laws then in force, and the valid modifications thereof since and herein enacted. Sec. 8623-131. Acceptance of acts by corporations. SECTION 131. A corporation created before the adoption of the constitution of 1851, and now actually doing business, may accept any of the provisions of this act. When a certified copy of such acceptance is filed with the secretary of state, so much of its charter as is inconsistent with the provisions of this act is hereby repealed. A corporation created before the adoption of the constitution of 1851, which takes any action under or in pursuance of this act, or under or in pursuance of any of the provisions of Title IX of the General Code, shall thereby and thereafter be deemed to have consented, and be held to be a corporation, and to have and to exercise all its franchises under the present constitution and the laws passed in pursuance thereof, and not otherwise. But any fire insurance company so created, filing annual reports with the superintendent of insurance, or complying with any police regulation contained in Chapter I of Subdivision II of Division III of Title IX, or in Chapter II of Division II of Title III, Part I, of the General Code, shall not be deemed to have consented, nor be affected by the provisions of this section by reason of such compliance. Sec. 8623-132. Special provisions for certain corporations. SECTION 132. When special provision is made in the General Code for the incorporation, organization, conduct or government of corporations formed for any specified purpose, this act shall not apply, but the special provision shall govern unless it clearly appears that the special provision is cumulative. Sec. 8623-133. Building companies. SECTION 133. Notwithstanding any provision contained in this act, no corporation heretofore organized for the purpose of constructing and maintaining buildings to be used for hotels, store rooms, offices, warehouses and factories shall acquire or mortgage any real or leasehold estate or lease it for a period exceeding, with all privileges of renewal, the term of five years, without the consent of the holders of two-thirds of the stock, obtained at a meeting called for that purpose, written notice of which was given to each shareholder, either personally, or deposited in the postoffice, properly addressed and duly stamped, not less than ten days before the day fixed for such meeting, unless such requirement be dispensed with by an amendment to its articles. Sec. 8623-134. Real estate corporations. SECTION 134. A corporation heretofore formed to buy or sell real estate may at any time during its existence amend its articles so as to provide for perpetual succession, by a vote of three-fourths of all shares voted at a meeting of its shareholders called for that purpose, and upon filing with the secretary of state a certificate signed by its president or a vicepresident, and its secretary or an assistant secretary, setting forth the amendment so made, such corporation shall have perpetual succession. Sec. 8623-135. General application of this act. SECTION 135. Other corporations now existing or hereafter formed shall be subject to the provisions of this act. Sec. 8623-136. Saving clause. SECTION 136. This act shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this act takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this act had not been passed. Sec. 8623-137. Rights of the state. SECTION 137. Nothing in this act contained shall be taken or held. to authorize the formation of a trust or combination for the purpose of unlawfully restraining trade or competition or any act repugnant to law, nor to limit, restrict or affect the rights of the state. Repeals. SECTION 138. That original sections 8623 to 8673, both inclusive; 8674 to 8743, both inclusive; 8781 to 8784, both inclusive; 8794, 8796, 8815 to 8818, both inclusive; 9121-1; 9218; 10135 to 10143, both inclusive; 10207 to 10212, both inclusive; 11938 to 11978, both inclusive, of the General Code be and the same are hereby repealed. Sec. 8623-138. Constitutionality. SECTION 139. If any part or parts of this act shall be found to be unconstitutional, the other parts thereof shall not thereby be affected or impaired. The sectional numbers on the margin hereof are designated as provided by law. EDWARD C. TURNER, Attorney General. Filed in the office of the Secretary of State at Columbus, Ohio, on the 10th day of March, A. D. 1927. 7B CLARENCE J. BROWN, (Amended Senate Bill No. 4) AN ACT To supplement section 1532 of the General Code by the enactment Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 1532 of the General Code be supplemented by the enactment of supplemental section 1532-7 to read as follows: Additional judge Franklin county; term; qualifications; compensation; powers. SEC. 1532-7. From and after the passage and taking effect of this act there shall be one additional judge of the court of common pleas in and for Franklin county who shall reside therein. Such additional judge shall be elected in 1928 and every six years thereafter, for a term of six years, commencing on the first day of January next after such election. Vacancies occuring in the office of such additional judge in Franklin county shall be filled in the manner prescribed for the filling of vacancies in the office of judge of the court of common pleas. Such judge shall have the same qualifications and shall receive the same compensation as is provided by law for the judges of the court of common pleas in Franklin county. Such judge shall exercise the same powers and have the same jurisdiction as is provided by law for judges of the court of common pleas. Such judge and successors shall, however, be elected and designated as a judge of the court of common pleas, division of domestic relations, and all the powers provided for in title 4, chapter 8 of the General Code or elsewhere in said, Code, relating to juvenile courts shall be exercised in Franklin county by such judge of said court of common pleas, and on and after the beginning of the term for which such judge is elected, there shall be assigned to said judge and successors elected or appointed in pursuance of this act, all cases under the juvenile court act, all bastardy cases over which the juvenile court of Franklin county now has jurisdiction and all divorce and alimony cases in said county. The sectional numbers in this act are in conformity to the General Code. EDWARD C. TURNER, Filed in the office of the Secretary of State at Columbus, Ohio, on the 14th day of March, A. D. 1927. 8B (House Bill No. 11) CLARENCE J. BROWN, Secretary of State. AN ACT To supplement section 5526 of the General Code relating to the Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 5526 of the General Code be supplemented by the enactment of sections 5526-1 and 5526-2 to read as follows: Further defining the meaning of the term "motor vehicle fuel.” Sec. 5526-1. In addition to its meaning as defined in original section 5526, the term "motor vehicle fuel" shall be held to mean and in clude any volatile or inflammable liquid commonly or commercially used or usable for the purpose of generating power for the propulsion of motor vehicles upon the public highways, by whatever name such fuels may be known or sold. The term "motor vehicle fuel" shall not include the product commonly known as kerosene oil, except when mixed or compounded with a motor vehicle fuel or except when used in operating motor vehicles on the public highways. Provisions covering application of excise tax. Sec. 5526-2. An excise tax at the same rate, to be assessed and collected in the same manner, and under the same limitations, as is now provided in sections 5526 to 5540 General Code, is hereby levied and imposed on the sale or use of each gallon of such motor vehicle fuel. O. C. GRAY, Speaker of the House of Representatives. Passed March 3, 1927. EARL D. BLOOM, President of the Senate. VIC DONAHEY, Governor. The sectional numbers in this act are in conformity to the General Code. EDWARD C. TURNER, Filed in the office of the Secretary of State at Columbus, Ohio, on the 14th day of March, A. D. 1927. B CLARENCE J. BROWN, Secretary of State. (Amended Senate Bill No. 3) AN ACT To supplement section 4174 of the General Code by the enactment Be it enacted by the General Assembly of the State of Ohio: SECTION I. That supplementary section 4174-1 of the General Code be enacted to read as follows: Transfer of village cemetery; powers and duties of township trustees. Sec. 4174-1. In all cases in which the council of a village, having title to a cemetery, fails to properly take care of such cemetery and the township in which such village is located desires to control such cemetery, such municipal corporation may transfer by ordinance duly passed, |