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Effect of re-
districting.

tain an equal number of inhabitants, and be bounded by streets, alleys, avenues, public grounds and corporation lines: Provided that no line of a ward now constituting a part of a divisional line of Congressional districts shall be changed by said platting commission, and said wards shall not be changed until the annual municipal election next after such redistricting, and the power vested in the council in relation thereto is hereby suspended until after said election.

SEC. 4. Nothing herein shall be construed to limit or abridge the term of office of any member of the council or board of education, nor to require the election for members of council, or board of education, or ward officers, until the next ensuing annual election for corporation officers; but the mayor, in issuing his proclamation for said election, shall be governed by the proceedings of the said commission under this act. In case it shall happen that two or more members of the council, or the board of education who hold over, reside in the same ward after the redistricting, the commission shall designate what wards are to be represented by them respectively until the expiration of their terms, and notify the mayor, council and board of education thereof; and new members shall be elected only in the wards left unrepresented after such designation.

SEC. 5. This act shall take effect from and after its passage.

CHARLES. H. BABCOCK,

Speaker pro tem. of the House of Representatives.
JACOB MUELLER,

Passed February 15, 1872.

President of the Senate.

72-102

Levy of extra
taxes for
turnpikes.

AN ACT

To amend section six (6) of an act amendatory and supplementary to an act to authorize county commissioners to lay out and establish free turnpike roads, passed April 15th, 1867, (O. L., vol. 64, page 171,) as amended May 16th, 1868. (O. L., vol. 55, page 216.)

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. That for the purpose of constructing free turnpike roads authorized by this act, extra taxes may be levied as hereinafter provided, on all property, real and personal, within one mile on each side of said free turnpike road, except when any such free turnpike road which has been macadamized or graveled, shall cross a free turnpike road which is either completed of [or] in process of construction, then such lands and personal property as lie within one mile on either side of where such free turnpike roads cross each other, shall be assessed and taxed in proportion to the benefits that

may be derived by the owners of such lands and personal property from the construction and use of such free turnpike road, except when any state, county or free turnpike road shall run upon either side of such road within less than two miles, then the taxes shall be levied on such lands and personal property as lie within one-half the distance of such roads.

SEC. 2. That section six (6) of the above recited act be be and the same is hereby repealed, but this repeal shall not affect rights already required [acquired.]

SEC. 3. This act shall take effect from and after its pas-

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Further to amend an act entitled "An act to establish a code of criminal procedure for the state of Ohio," passed May 6, 1869. (66 O. L. 287).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections forty-seven, forty-nine and eightysix of the above recited act be amended so as to read as follows: Section 47. Whenever a transcript or recognizance shall be returned to the clerk, it shall be his duty to enter the cause upon the appearance docket of the court, together with the date of the filing of the transcript and recognizance, the date and amount of the recognizance, the names of the sureties, and the costs; whereupon the same shall be considered as of record in such court, and proceeded on by process issuing out of said court in the same manner as if such recognizance had been entered into before such court; and when any court having cognizance of a crime, shall take a recognizance, it shall be a sufficient record thereof on the journal of such court, to enter upon the journal the title of the cause, the crime charged, the name of the party and his sureties thereto, the amount of such recognizance, and the time therein required for the appearance of the accused, and the same shall be considered as of record in such court; but in making up the complete record in any case, when one is required to be made, all recognizances, whether returned to or taken in such court, shall be recorded in full if requred by the prosecuting attorney or the accused.

Section 49. If said court shall adjudge that said prisoner ought to be held to bail, it shall recognize him in such sum and with such security as the court shall deem sufficient, conditioned for the appearance of such person at the next term 2-LAWS.

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of indict-
ments, and
proceedings
thereon.

of the court which shall have cognizance of the offense; and in case such person fails to give security, he shall be remanded to jail. If the court to which the accused is recognized shall be in session, he shall be required to appear forthwith, and not depart without leave; and in all cases where the prisoner is remanded or held to bail, the court shall recognize the witnesses against the accused to appear at the proper court, as provided in this title; and on taking the recognizances of witnesses the clerk shall enter upon the journal the title of the cause, the names of the witnesses recognized, the amounts severally fixed as to each, the sureties, if any, and the time when such witnesses are required to appear; and such entry shall be sufficient record of such recognizance.

Presentment Section 86. Indictments found by a grand jury shall be presented by their foreman to the court, and shall be filed with the clerk, who shall endorse thereon the day of their filing, and shall enter each case upon the appearance docket, and also upon the trial docket of the term, as soon as the parties indicted have been arrested; and the court shall assign said indictments for trial at as early a time in such term as is practicable, and the recognizances of parties and witnesses shall, in all such causes, be taken for their appearance at the time so assigned; and in case of the continuance of any cause to the next term of the court, such recognizances shall be for the appearance of the parties and witnesses on such day thereof as the court may direct; and at the end of the term the clerk shall deliver the indictments undisposed of to the prosecuting attorney for saking keeping.

SEC. 2. Said original sections forty-seven, forty-nine and eighty-six are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

Passed March 7, 1872.

President of the Senate.

92-1026

Office to le

provided for
County sur-
veyor.

AN ACT

To amend the first section of the act passed February 26, 1857, entitled "An act supplementary to the act entitled an act creating the office of county surveyor and defining his duties," passed March 3, 1831.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above entitled act, passed February 26, 1857, be so amended as to read as follows:

Section 1. That the county commissioners of each organized county in this state are hereby authorized to provide a suitable office at the county seat for the county surveyor of such county, and furnish the same with suitable cases for the

safe keeping and preservation of the records and papers
his office; also with blank books, blanks and stationery, as
may be required by him in the discharge of his official duties.
SEC. 2. That section one of the above recited act 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.
JACOB MUELLER,

Passed March 7, 1872.

President of the Senate.

AN ACT

Supplementary to an act entitled "An act to authorize the county commissioners to lay out and establish free turnpike roads, and to repeal certain acts therein named," passed April 15th, 1867. (S. & S., 680.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when a majority of the persons qualified as petitioners for an extra tax for each of two or more free turnpike roads that are so situated that, by one ending in another, or by one crossing another or otherwise, they form a continuous line or lines of travel, shall present a petition or petitions to the commissioners of the county in which such roads are situate, at any regular session of their board, asking for the consolidation of such roads, and shall satisfy such commissioners that notice of such intended application has been given in the manner prescribed by the first section of the act to which this act is supplementary, said commissioners shall, if they are satisfied the consolidation will be to the benefit of said road and the public, enter upon their minutes an order consolidating said road and appointing commissioners for the consolidated road, who shall have all the powers and perform all the duties in relation thereto prescribed by said act, and from and after the crganization and qualification of said commissioners, the powers of the commissioners of the several roads so consolidated shall cease, and said roads shall thenceforward constitute one free turnpike road, to which all the laws relating to free turnpike roads in force from time to time shall apply, the same as if such road had been originally so established.

SEC. 2. Any levy or levies of extra taxes for either of said roads existing at the time of such consolidation, shall be worked out upon or collected and applied according to law for the purposes of that part of such consolidated road for which they were made; and all moneys in the treasury or elsewhere arising from any extra tax for either of said

Consolidation of turnpike roads in certain cases.

Levies of extra taxes; how expended.

Settlement
of accounts
by commis

sioners.

roads shall be applied in like manner: Provided, that the
commissioners of the consolidated road shall have the same
powers as to reducing or abating such levies as are or may
be provided by law for commissioners of free turnpike roads.
SEC. 3. Upon the organization and qualification of the
commissioners of such consolidated road, it shall be the duty
of the commissioners of the several roads forming the same
to settle their accounts with the county commissioners, and
to deliver up all moneys or other property, and also all
records, books and papers belonging or pertaining to such
roads to the commissioners of such consolidated road.
SEC. 4. This act shall take effect from and after its
passage.

N. H. VAN VORHES.
Speaker of the House of Representatives.
JACOB MUELLER,

Passed March 7, 1872.

President of the Senate.

Rip 75-411.

Termination

of fiscal year
in cities of
first class.

AN ACT

To fix the fiscal year of departments in cities of the first class.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in cities of the first class, the fiscal year of each office, department, board of trustees, directors or commissioners, shall terminate on the 31st day of December, in each year, and all accounts shall be closed on that day, and all annual reports required by law, shall be made for the year terminating on that day.

SEC. 2. That this act shall take effect and be in force from and after its passage.

CHARLES H. BABCOCK,

Speaker pro tem. of the House of Representatives.

Passed March 7, 1872.

JACOB MUELLER.

President of the Senate.

AN ACT

To amend section one of an act entitled an act supplementary to the act entitled an act to provide for the creation and regulation of incorporated companies in the State of Ohio, passed April 15, A. D. 1867. (S. & S., 186.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be amended so as to read as follows:

Section 1. That any number of persons, not less than

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