lowing or disallowing such debt or claim or any part thereof, by any person against whom such order or judgment may be made or who may be affected thereby, when the amount claimed by such executor or administrator exceeds one hun dred dollars; and the matter so appealed shall be tried, heard and decided in said common pleas court in the same manner, and the proceedings therein shall be the same as nearly as may be practicable, as if the said common pleas court had original jurisdiction thereof; the person so appealing shall, within twelve days after the making of such order or judg ment, give a written undertaking to the state of Ohio for the use of the persons who may be interested therein, with one or more sureties to be approved by the probate judge, conditioned that the person appealing shall pay all costs which may be awarded against him in the appellate court, and shall be in such amount as the said probate judge may prescribe. SEC. 3. This act shall apply to all cases now pending, and shall take effect from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 23, 1872./ President of the Senate. Supervisor of roads to give certificate of timber, etc. AN ACT To amend section twenty-six of an act entitled "An act relating to roads and highways," passed March 9, 1868. (S. & S., page 668.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-six of the above named act be amended so as to read as follows: Section 26. That each and every supervisor of roads and highways, or supervisor or superintendent of any free turnpike, improved or other macadamized road, having no gate thereon, who shall cut and take any timber, stone or gravel, for the purpose of making, improving or repairing any road or building, or repairing any bridge or crossway within his district, on demand of the owner or owners of the lands, their agent or agents, or the guardian or guardians of any ward, or the executor of any will having the lands in charge from which timber, stone or gravel were taken as aforesaid, shall give a certificate showing the quantity of such timber, stone or gravel, with the value thereof respectively, and the time and purpose for which the same were taken. SEC. 2. That section twenty-six of the act herein named be and the same is hereby repealed. SEC. 3. This act shall take effect from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 23, 1872. President of the Senate. AN ACT To enable the board of public works to rebuild the Providence dam on the Miami and Erie canal. WHEREAS, The board of public works report that the Providence dam, on the Miami and Erie canal, is in a dilapi dated and ruinous condition, by which the navigation of said canal is greatly impeded; and said board further report that it will require about twenty-two thousand dollars to rebuild said dam, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works be and they are hereby directed to rebuild said dam; and that there be and is hereby appropriated, out of the general revenue fund, twenty-two thousand dollars, or so much thereof as may be necessary to complete said work, which said sum of twentytwo thousand dollars shall be reimbursed to the state out of the means of the public works. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Board of public works to rebuild dam tion therefor. -appropria Passed April 23, 1872. President of the Senate. AN ACT Relative to putting up, inspecting, and sale of Fish. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That a barrel of fish shall contain two hundred pounds, and every vessel or package being or purporting to be a fractional part of a barrel of fish, shall contain a like fractional part of two hundred pounds net, of fish, exclusive of salt, brine and package. And every barrel or other vessel of fish put up or sold in this State, shall have the number of pounds of fish contained therein distinctly branded upon the head thereof. SEC. 2. That every person or firm engaged in packing fish, or repacking, or selling packed fish in this State, may enter into bond to the State of Ohio, with two or more sureties, to the satisfaction of the clerk of the court of common pleas of the county wherein such person or firm shall be so engaged, in the penal sum of five thousand dollars, conditioned for the putting up, packing, or repacking, and branding of fish, according to law. Such bond shall be deposited and kept in such clerk's office, and may be proceeded on by any person aggrieved by reason of the non-compliance with any condition thereof. SEC. 3. That every person or firm so entering into bond, shall have authority to inspect and brand all fish so put up, What a barrel of fish shall contain. Packer may enter into bond. and packed or sold by him or it: Provided, that the brand shall set forth the full name and place of business of such person or firm, the quality, kind and weight of fish, so put up or sold. And such brand shall be a full guarantee of the facts so set forth, and for any breach thereof, such person or firm shall be liable on such bond. SEC. 4. That it shall be unlawful for any person to put up or pack any barrel or other vessel of fish without the weight, quality and kind of fish contained therein, being branded thereon, as provided by this act, or knowingly to sell or offer for sale any such barrel or other vessel of fish hereafter put up without being so branded, or having in fact less quantity or a different quality or kind than that represented in the brand, unless the variation shall be distinctly and plainly noted in writing upon a card fastened upon the head of such barrel or vessel at the time of the sale or of the offer to sell; and every person so offending shall, for ever such offense, forfeit and pay a penalty not less than ten nor more than one hundred dollars and costs, recoverable before any justice of the peace having jurisdiction, at the suit and for the use of any person aggrieved, and shall, moreover, be liable in an action for damages. SEC. 5. That this act shall take effect on the first day of July, 1872. N. H. VAN VORHES, Speaker of the House of Representatives. President of the Senate. Passed April 23, 1872. Age of pupils to be receiv ed into the Home. AN ACT To amend section six (6) of an act to establish “Ohio SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six (6) of the above recited act be so amended as to read as follows: Section 6. There shall be received into said homes the children residing in Ohio of deceased, indigent and permanently disabled soldiers and sailors who served in the land and naval service of the United States during the late rebellion, that are by said board ascertained to be destitute of the means of support and education; and they shall be furnished a support and education at said homes until they arrive at the age of sixteen years, unless for good reason sooner discharged: Provided, however, that said board may permit such of said children and youth as they deem proper to remain as inmates of said homes, and receive all the benefits thereof, until they are eighteen years of age; and provided further, that other indigent orphan children, resident of this 1 admissible. state, and under the age of fifteen years, may, at the discre- Other indition of the board of managers, be received into said homes, gent children and there supported and educated as the other children hereinbefore mentioned, if there be room in said home or homes more than sufficient for such children first above mentioned as may be received therein. SEC. 2. That section six of the above recited act be and the same is hereby repealed. SEC. 3. This act shall be in force from and after its passage. Speaker of the House of Representatives. JACOB MUELLER, Passed April 25, 1872. President of the Senate. AN ACT To amend section 287 of an act entitled "An act to establish a code of Civil Procedure," passed March 11, 1853, as amended by the act of April 28, 1862. (S. & S., page 555.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 287 of the act entitled "An act to establish a code of civil procedure," passed March 11, 1853, as amended by the act of the general assembly, passed April 28, 1862, be so amended as to read as follows: reference, and new referee in vacation. Section 287. A judge in vacation, upon the written consent of the parties, may make any order of reference which Order of the court of which he is a member could make in term time. If a reference has already been directed in any action, pending in a district court in which the parties are not entitled by the constitution of this state to a trial by jury, in case of the death, sickness or other disability, or declination to serve of the referee, or either of the referees or master commisioner, any judge in vacation, being a member of the district court directing such reference, upon the written consent of the parties, or upon the written application of either of them, setting forth therein such prior order of reference, the death, sickness or other disability, or declination to serve of the referee or master commissioner, and after reasonable notice in writing to the other party, or his attorney, of the time and place of making such application, may direct another reference of all the issues included in the prior reference; and if the parties do not agree upon a suitable person or persons, said judge shall appoint the same number of referees, or a master commissioner, as were appointed by the court in the prior order of reference. Whenever a reference is directed under this section, the order of reference shall be made on the written agreement of the parties to r. fer, or on such written application, and shall be filed, together with the notice aforesaid, if the same be not upon consent, with the clerk of the court, with the other papers in the case. SEC. 2. That said amended section be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage, and be applicable in any action now pending. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 25, 1872. JACOB MUELLER, President of the Senate. Commissioners to employ sur veyor. Duties of surveyor. Entry on duplicate. AN ACT Further to prescribe the duties of county commissioners. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of any county in this state which is composed, in whole or in part, of Virginia Military lands, whenever in their opinion the public interest requires it, may contract with the county surveyor, or any other competent surveyor, to survey and plat all or any part of the Virginia Military lands within such county as hereinafter provided. SEC. 2. The county commissioners, whenever any such survey and platting shall be ordered or contracted for, shall require the surveyor to survey and plat not less than one entire original survey of such lands, giving the boundary lines of such survey, and the boundary lines of each tract, lot or parcel of land, other than town lots, within such survey, entering upon each tract, lot or parcel of land, the name of the owner thereof, the number of acres contained therein, and each tract, lot or parcel of land therein shall also be num bered in consecutive order, commencing with number "one" in each original survey, and continuing the series of consecutive numbers throughout such survey. SEC. 3. After any such survey and platting shall have been made, the county auditor shall enter upon the duplicates opposite the name of each owner of a tract, lot or parcel of land, the number of such tract as the same shall appear upon said plat, so that the description of such lands shall appear upou the duplicates as sub-division number , of original survey number and whenever any such tract, lot, parcel or subdivision of land shall thereafter be divided into smaller subdivisions or tracts, the county auditor shall continue the same series of consecutive numbers, both on the plat and duplicates, applying the next higher number to the new sub-division so made. The county auditor shall also, whenever such new sub-division is made, draw the boundary lines thereof upon said plat or map in a different color from the boundary lines originally made thereon by the surveyor. |