Facts to be communica Gor. auditor, with the assistance of some competent and suitable person, to be appointed by him for that purpose, whenever he shall deem such examination necessary to secure the safety of the moneys of the state, or the correct and systematic manner of accounting for the same. SEC. 16. All the material facts ascertained by the examinations prescribed by this act, shall immediately on the close ed to gover- thereof, or as soon thereafter as shall be practicable, be communicated to the governor, who shall lay the same before the general assembly at the commencement of its next ensuing session. Injunction or mandamus when treasurhas done, or is about to do jury to state. Auditor to as .certain In case of expiration of arm, death, resignation or removal of treasurer. SEC. 17. If from any such examination, or from any other satisfactory evidence, the governor shall ascertain that the state shall have suffered any damage, or shall be in immediate danger of any injury or damage from any illegal act done, or about to be done, by the treasurer, or from his neglecting or refusing to comply with any requirement of law touching the receipt, keeping or paying out of any money belonging to the state, or the keeping and rendering accounts thereof, or shall have taken insufficient security for any money deposited elsewhere than in the treasury office at Columbus, it shall, in every such case, be the duty of the governor to direct the attorney general forthwith to institute the proper proceedings in the court of common pleas of Franklin county to restrain the treasurer from all such illegal acts, or to compel him to act in compliance with the provisions of law prescribing such acts as the case may require, and in case the security taken from any depositary of money belonging to the state is found to be insufficient, it shall be the duty of the treasurer immediately to remove the deposits, unless further sufficient security be given, and such security shall be subject to the same conditions as provided in section thirteen of this act. SEC. 18. It shall be the duty of the auditor quarterannually, on the 15th day of March, June, September and December, (or if any such day should be Sunday, then on the day previous,) to ascertain the amount of money in the treasury belonging to the sinking fund and draw on the treasurer therefor in favor of the acting commissioner of said fund, specifying in every such draft the source or sources from which the money so drawn for was derived. SEC. 19. Whenever the term of office of any treasurer shall have expired, or he shall have resigned, died, or have been removed from office, he, (or in case of his death or incapacity, his legal representatives,) shall immediately make a full settlement with the auditor of, and concerning all moneys paid, into and out of the treasury since the last previous settlement with the auditor of, and concerning the same, which settlement shall be so made as clearly to exhibit on what account, and for what purpose each payment, either into or out of the treasury, shall have been made, and in case of payments out of the treasury, on account of what appropriation every such payment was made, and the auditor shall certify to the incoming treasurer the several sums to be paid over to him, by the outgoing treasurer on account of each appropriation that shall not have been fully paid, and also the sum to be paid on general accounts; and the outgoing treasurer, or his legal representatives, shall forthwith pay over to his successor the several sums so certified, and also deliver to him all the books, accounts, vouchers, official papers and correspondence of whatsoever kind, and neither the outgoing treasurer nor his sureties shall be discharged from his or their liability to the state until such settlement, payments and delivery of books, accounts, vouchers, and other papers herein before enumerated, shall have been fully made. SEC. 20. Wherever the word "treasurer" is used in this act, it shall be understood to mean "treasurer of state;" wherever the word "treasury" is used, it shall be understood to mean "state treasury," and where the word "auditor" is used, it shall be understood to mean "auditor of state." N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD, President of the Senate. Definitions. April 8, 1856. SECRETARY OF STATE'S OFFICE,) COLUMBUS, June 2, 1856. I hereby certify that the foregoing acts are correctly copied from the original rolls on file in this office. JAMES H. BAKER, SECRETARY OF STATE'S OFFICE, COLUMBUS, June 4, 1856. The act to amend and supplementary to an act entitled an act to prevent the adulteration of alcoholic liquors, passed May 1, 1854," found on page 161 of this volume of laws, although enrolled and signed by the presiding officers of both branches of the legislature, failed to receive a constitutional majority in the house. The act therefore is null and void, and the law remains as it was passed May 1, 1854. The following from the clerk of the senate fully explains the matter. JAMES H. BAKER, Among the bills introduced into the senate of Ohio, at its late session, and passed by that body, was one "to amend and supplementary to an act entitled an act to prevent the adulteration of alcoholic liquors, passed May 1, 1854." This bill, though having a majority on its passage in the house, failed for want of a constitutional number of votes in its favor. By some oversight in the last days of the session, this bill got into the hands of the enrolling clerks and was enrolled, reported to both houses as enrolled, and was duly signed by the two presiding officers. It was deposited with the secretary of state, and was published as one of the laws of the state, and will be found on the 161st page. The journals of both the senate and house show that it did not pass, and of course it is a mere nullity. It proposes to amend the law requiring an inspection of liquors, by compelling the inspector to keep a record of the liquor inspected-to put his mark upon the barrels, &c., and if he finds any adulterated liquor, he shall notify the prosecuting attorney, who shall institute proceedings and destroy the liquor. It regulates the fees of the inspector, and provides a fine of from $10 to $100 for resisting, abusing or impeding that officer in the performance of his duty, with imprisonment in the county jail. W. T. BASCOM, Clerk of the Senate. ACTS OF A LOCAL NATURE. AN ACT To provide for the payment of the claim of Charles Boesel for damages sustained by canal boat Robert Blum, and cargo, by breaking in of lock No. 23, on the Miami Extension canal on the sixth day of October, 1850. SECTION 1. Be it enacted by the General Assembly of the State of Ohi That the sum of six hundred and seventy-three dollars and twenty-five cents be and the same is hereby appropriated to be paid, without interest, to Charles Boesel, for damages, as set forth in the title of bill, to be paid out of the treasury according to law. N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD, President of the Senate. March 22, 1856. AN ACT To authorize the trustees of Madison township, Franklin county, to convey a portion of school section sixteen for school house purposes. Ohio SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the township trustees of the township of Madison, in the county of Franklin, are hereby authorized to convey to the township board of education of said township of Madison, such portion not exceeding one-half acre in quantity, of school section sixteen of said township, as may be necessary for the site of a school house for the use of the common school of district No. thirteen of said township; provided that whenever the ground conveyed shall cease to be used for the purpose for which the conveyance is herein authorized, the same shall revert to its original uses. March 5, 1856. N. H. VAN VORHES, Speaker of the House of Representatives. President of the Senate. AN ACT To declare the First Range Free Turnpike, in Ashtabula county, a county road, and to repeal a certain act therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the road known as the First Range Turnpike, in Ashtabula county, leading from the north line of township number twelve, in the first range of townships of the Connecticut Western Reserve, to the south line of township number ten, in said county, be and the same is hereby declared a county road. SEC. 2. That said road shall be governed and regulated in all respects as other county roads in said county of Ashtabula. SEC. 3. That the act passed February 8, 1847, creating said road a free turnpike, be and the same is hereby repealed. N. H. VAN VORHES, Speaker of the House of Represent tives. LESTER TAYLOR, President of the Senate, pro tem. February 20, 1856. AN ACT Supplementary to "an act to confirm the charter of the Covington and Cincinnati bridge company, incorporated by an act of the general assembly of Kentucky," passed February 17, 1846, with certain limitations, passed March 9, 1849. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the Covington and Cincinnati bridge company, as incorporated by the laws of Kentucky, is hereby authorized to construct a bridge across the Ohio river, under the provisions of the act to confirm the charter of said bridge company, with certain limitations, passed March 9, 1849; provided that the said bridge may be of less span than fourteen hundred feet, but shall not be of less span than one thousand feet; provided, further, that the height of said bridge in the centre shall not be less than one hundred and twenty-two feet above the surface of the water, at low water mark; and provided, also, that the southern side of the northern tower of said bridge shall be at least twenty-five feet north of the line of low water on the Ohio side. N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD, President of the Senate. March 29, 1856. |