Adjoining townships may be ad mitted to participation, etc. Any municipal corpo ration or township may withdraw. [House Bill No. 478.] AN ACT To amend section 2543 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two thousand five hundred and fortythree of the revised statutes of Ohio be so amended as to read as follows: Section 2543. Any township adjoining one in which a cemetery is established by the union of any of the bodies as herein before provided, may, by consent of the trustees of such township and of the council or councils of the corporation, be admitted to an equal participation with the inhabitants thereof in the rights and privileges in such cemetery, upon such terms as may be mutually agreed upon, but the title and control of the cemetery shall continue vested in the corporation as above provided; and any municipal corporation or township which has heretofore united, or which may hereafter unite with any other municipal corporation. or township, or both, in the establishment or control of a cemetery under the provisions of this chapter, may by a resolution of the council of such corporation or of the trustees of such township, and with the consent of the council of the remaining corporation and trustees of the remaining township or townships, withdraw from the management and control of such cemetery, and relinquish the interest of such corporation or township therein, and thereupon such cemetery shall be under the management and control of such remaining corporation and township, or corporations and townships. SEC. 2. Said original section 2543 is hereby repealed; and this act shall take effect on its passage. O. J. HODGE, Speaker of the House of Representatives. Passed January 25, 1883. President of the Senate. Fees of clerk of supreme court. [House Bill No. 543.] AN ACT To amend section 421 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four hundred and twenty-one of the revised statutes of Ohio be amended so as to read as follows: Section 421. The clerk shall be allowed as fees the sums following: For each case placed on the trial docket, five dollars, which sum shall, in all such cases, be in full for docketing case and making out such dockets as the court orders rom term to term, and for indexing and entering appearance, issuing process, filing and labeling papers, entering rules, motions, and orders, continuances, decrees and judg ments, making out lists of causes on the regular docket for publication once every year, and for making out and certifying the orders, decrees, and judgments of this court to other tribunals, including the issuing of mandates; for each case placed on the motion docket, the sum of two dollars, and which sum shall be in full for docketing such case from term to term, entering appearances and continuances, and entering and issuing rules and orders therein; for all copies of files, for orders, judgments, or records of the court, excepting in the cases above mentioned, the same fees as are now or may hereafter be provided by law for clerks of the court of common pleas for like services, which fees shall be paid to the clerk by the party invoking the action of the court Fees to be before the case or motion can be docketed and shall be paid in adtaxed as costs and be recoverable from the other party, in vance. case the party invoking the action of the court succeeds, unless the court otherwise directs; and the clerk of the court shall keep a cash book, in which he shall enter all amounts so by him received as aforesaid. SEC. 2. That said section 421 be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. O. J. HODGE, Speaker of the House of Representatives. Cash book to be kept. Passed January 25, 1883. President of the Senate. [House Bill No. 546] AN ACT To amend section 1453 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fourteen hundred and fifty-three of the revised statutes of Ohio be amended so as to read as follows: Section 1453. The township clerk shall forth with after the election or appointment of the township officers, make out a list of all the officers elected or appointed, stating the of fices to which they are respectively chosen or appointed, and add thereto a requisition that they, severally, appear before him, or some other officer authorized to administer oaths, and take the oath of office, and give bond (if required by law to give bond) within ten days after such election, of which list and requisition, the said clerk shall forthwith make service by delivering to each person so elected or appointed, a copy thereof, or such list may be delivered to any Clerk to make out list of officers elected or appointed. Clerk or con. stable to make service forthwith. constable of said township who shall make service of the same as required aforesaid, and said list and requisition, with the time and manner of service thereon, shall be returned and filed in the office of said clerk. SEC. 2. That original section 1453 be and the same is hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. O. J. HODGE, Speaker of the House of Representatives. . R. G. RICHARDS, Passed January 25, 1883. President of the Senate. Keeping stret in repair, plant ing shade trees, sprink ling. Petition filed and recorded by city clerk. Who shall constitute board for such purpose. [Senate Bill No. 129.] AN ACT To amend sections 2307 and 2308 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections two thousand three hundred and seven and two thousand three hundred and eight of the revised statutes be amended so as to read as follows: Section 2307. On the written petition of the owners of more than two-thirds of the feet front on any street, or part thereof, the council of such city of the second-class or village, may provide by ordinance for keeping in repair, planting and taking care of shade trees, sprinkling with water, and sweeping any streets, or part thereof, which have been improved under any of the provisions of this chapter; and one or more of such objects may be embraced in one petition or ordinance, and may also be included in the petition and ordinance for the improvement of such street, or part thereof; said petition shall be filed and recorded by the clerk of the city, and shall be operative from and after the date of its record, and the record shall be presumptive evidence of its contents and the signatures thereto. Section 2308. The council may, in the ordinance referred to in the preceding section, designate two of the petitioners to act without compensation, who, with the corporation engineer, shall constitute a board, under whose supervision and direction the keeping in repair of such street or alley or part thereof, planting and taking care of shade trees, and sprinkling of such street, may be done; said commissioners shall be appointed for the term of three years, and a vacancy arising for any cause, may be filled by said council, how vacancy by appointment from said petitioners for the unexpired term; the power to appoint commissioners under any one petition shall cease after the expiration of nine years from the date of its record, but it may be renewed at any time, Term and filled. by another like petition, which, when filed and recorded, shall have the same force and effect as the first one. SEC. 2. Said sections 2307 and 2308 of the revised statutes are hereby repealed; and this act shall take effect and be in force from and after its passage. To amend sections 4448 and 4476 of the revised statutes of Ohio. as SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections forty-four hundred and forty-eight and forty-four hundred and seventy-six of the revised statutes of Ohio be so amended as to read respectively as follows: Section 4448. The word "ditch" as used in this chapter, Meaning of shall be held to include a drain or water-course. The peti- the word tion for any such improvement shall be held to include any used herein. "ditch " side, lateral, spur or branch ditch, drain or water-course necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided, Commisand the commissioners may change either terminus of such ditch before its final location, if the object of the improvement will be better accomplished thereby. Section 4476. No bill [bid] shall be entertained which exceeds the estimated value of construction; the surveyor sioners may change ter or engineer shall sell, first, the job or labor of the construc- The sale, tion of the working section of the outlet or mouth of the bonds of bidimprovement, and fix a.day when the job shall be completed, ders, etc. not exceeding in any case, one hundred and fifty days from the day of sale, and shall then sell each remaining working section in its order, up stream, and require the labor on each to be completed within a time so fixed that will, as nearly as practicable, secure an outlet for the water as each section is completed, but the commissioners may, if the construction of such work will be facilitated thereby, authorize the sale or construction of such work, or either, to be made and performed in a different order and time from that herein above specified. The surveyor or engineer shall make contracts and take bonds as aforesaid and report his doings to the commissioners within five days from the date of sale, and return the contracts and bonds to the auditor, who shall file and carefully preserve the same; the contracts and bonds shall be examined and approved or disapproved by the commissioners, who shall cause an entry of their decision to be Contracts and bonds filed with auditor. made on their journal, and the contractors to be notified of the approval or disapproval of the contracts and bonds; and the contractor for each job shall be liable, on his bond so given, for all delays after the expiration of the time named therein for the completion of the job, and for the payment of all damages which accrue by reason of the failure to complete the job within the time required in the contract therefor. SEC. 2. That said original section forty-four hundred and forty-eight and said section forty-four hundred and seventysix, as amended April 20, 1881 (O. L. vol. 78, page 207), be and the same are hereby repealed, and this act shall take effect on its passage. O. J. HODGE, Speaker of the House of Representatives. R. A. HORR, President pro tem. of the Senate. Passed January 30, 1883. Disposition of duties and other income. Treasurer shall pay into state treasury. Auditor to transmit [House Bill No. 345.] AN ACT To amend sections 4234 and 4237 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections forty-two hundred and thirty-four and forty-two hundred and thirty-seven of the revised statutes of Ohio be so amended as to read as follows: Section 4234. All moneys raised by way of tax, penalty, or otherwise, under the provisions of this chapter, shall be paid into the treasury of the proper county, for which duplicate receipts shall be taken by the person making such payment, one of which receipts he shall deliver to the auditor of the county, who shall file the same in his office, and charge the treasurer therewith; and it shall be the duty of each and every county treasurer with whom any money may be deposited in conformity with the provisions of this chapter, to account to the auditor of state for all moneys so by him received each year hereafter, at the time of making his semi-annual August settlement, and upon the draft of the auditor of state, pay into the state treasury all such moneys not otherwise appropriated by law, after deducting therefrom two per centum, to be computed on the amount received and paid over by such treasurer, as his compensa- · tion; and the sums thus paid into the state treasury shall be placed to the credit of the general revenue fund. Section 4237. It shall be the duty of the auditor of each and every county with whom any auctioneer or other person statement of receipts to may have filed the receipt or receipts of any county treasstate audit'r. urer, according to the provisions of this chapter, to transmit a full and accurate statement of all such receipts to the audi |