AN ACT Supplementary to an act entitled "An act to provide for SEC. 2. passage. In This act shall take effect from and after its CHARLES II. BABCOCK, Speaker pro tem. of the House of Representatives. capital stock of gravel or macadamized roads. Increase of Opening of such increase. books for Formation of new stock company. Passed April 29, 1872. President of the Senate. AN ACT 412 Jurisdiction tain cases, his jurisdiction, &c. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one hundred and seventeen of the above recited act be so amended as to read as follows: Section 117. The mayor shall have exclusive jurisdiction, except as hereinafter provided, of all prosecutions for violaof mayor in prosecutions. tions of ordinances of the corporation, with full power to hear and determine the same, in all corporations where no police court has been or shall be established. His jurisdiction shall extend to cases where the defendant is entitled to a trial by jury, if a jury be not demanded; and he shall perform such other duties compatible with the nature of his office, as the council may, from time to time require: ProAppointment vided, that in incorporated villages the council of such of police village may, upon the request and recommendation of the justice in cer- mayor thereof, by a vote of the majority of all the members elected of said council, appoint some justice of the peace, resident in said corporation, who shall, during the term of office of such mayor, have jurisdiction of all prosecutions for violations of ordinances of the corporation, with full power to hear and determine the same, and shall have the same powers, perform the same duties, and be subject to the same responsibilities in all of such cases, as are prescribed in this act to be performed by and are conferred on the mayor of such corporations. Such justice of the peace so appointed as aforesaid, shall be styled "Police Justice," in which style he shall sign all process and records during the time he shall serve. He shall have a seal, to be provided by the council, with the name of the state in the center, and the words "Police Justice of the Incorporated Village of around the margin. All the provisions of chapter fourteen of this act, applicable to the mayor, shall apply to said police justice. SEC. 2. Section one hundred and seventeen of the above recited act, be and the same is hereby repealed.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. Passed April 29, 1872. President of the Senate. AN ACT Ref 24-300 To punish certain offenses for making false or fraudulent statements therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if any person or persons shall make out and present for payment, or shall certify as correct, knowing the character thereof, to the auditor of state, other state officers, or boards of officers, or to the auditor or commissioners or other officer of any county, or to the auditor or other accounting officer of any municipal corporation, or to any township trustees or other township officers, any claim, bill, note, bond, account, pay-rell or other evidence of indebtedness, false or fraudulent in whole or in part, knowing the same to be false or fraudulent, for the purpose of procuring the allowance of the same, or an order for the payment thereot out of the treasury of said state, county, township or municipal corporation; or if any person or persons shall receive payment of any such claim, account, bill, note, bond, pay roll, voucher, or other evidence of indebtedness, false or fraudulent in whole or in part, knowing the same to be so false or fraudulent, from the treasurer of the state, or of any county, township or municipal corporation, such person or persons shall, on conviction thereof, be punished therefor, if such bill, note, bond, accouut, pay-roll, or other evidence of indebtedness, so made out and presented, or certified, or of which payment is so received, is false or fraudulent, to the amount of thirty-five dollars or more, by imprisonment in the penitentiary not less than one year nor more than ten years; and if false or fraudulent to an amount less than thirty-five dollars, by fine, in any sum not exceeding two hundred dollars, or imprisonment in the county jail for any term not exceeding thirty days, or both, at the discretion of the court. SEC. 2. That if any person or persons intrusted with the care, custody or control of any property of the state, or of any county, township or municipal corporation, shall sell or dispose of the same for his or their own use, for the purpose of defrauding the said state, county, township or municipal corporation, or procure, aid or assist any other person in so doing, every such person or persons, on conviction thereof, shall be punished as in the case of larceny of property for like amount. SEC. 3. All prosecutions under this act shall be by indict. ment before the court of common pleas of the county where the offense may be committed. SEC. 4. This act to take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed April 29, 1872. 13-LAWS. President of the Senate. Company anthorized to enter upon AN ACT To amend section three of an act to authorize the incorporation of Oil Transportation companies, passed April 25, 1868. (65 vol., Stat. 109; S. & S. 169.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of an act to authorize the incorporation of oil transportation companies, passed April 25, 1868 (S. & S., 169), be so amended as to read as follows: Section 3. Such company, when organized as aforesaid, is authorized to enter upon any land for the purpose of examining and surveying a line for its tubing and pipes for translands for pur-portation of oil, and may appropriate so much thereof as may pose of sur- be deemed necessary for the laying down of such tubing and veying, etc. piping, and for the erection of tanks and the location of sta tions along such line, and the erection of such buildings as may be necessary for the purpose aforesaid; and such appropriations shall be made and conducted in accordance with the provisions of the act or acts which may then be in force providing for compensation to the owners of private property appropriated to the use of corporations; but no appropriation of private property shall be had as provided for in this act, until full compensation shall be made in money, or first secured by deposit to the owner or owners, irrespective of any benefit from any improvements proposed by such corpor ation, as is now prescribed by law: Provided, that such companies, when so organized, shall, for the purpose of transporting oils, be considered and held to be common carriers, and subject to all the duties and liabilities of such carriers, under the laws of this state. Compensation for prop erty taken. SEC. 2. That said original section three is hereby repealed. To authorize and reqiure the Board of Public Works to ascertain and locate ali lands belonging to the State, which lie at or near the Public Works of the State, with a proper description of the same, and also providing for the appraisement and sale of said lands. WHEREAS, It is ascertained by good authority that considerable quantities of valuable canal lands, belonging to the state of Ohio, remain unsold and are bringing no revenue whatever to the state; and, WHEREAS, The exact locality and description of much of these lands is unknown to the proper authorities of the state, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works are hereby authorized and required to ascertain and locate all the lands belonging to the state of Ohio, which lie at or near the public works of the state, and also all lands lying contiguous to the Mercer county and Lewistown reservoirs, and the lands not necessary to carry out the contract leasing the public works, and report the same to the auditor of state, together with a proper description of each tract thereof, and for that purpose said board are authorized to employ a surveyor or surveyors; and said board are authorized and required to cause all such lands to be appraised by three competent disinterested freeholders in each of said counties wherein any of such land is located. Board of public works and locate Appraisal Record of 73-36-w Lands to be SEC. 2. That as soon as the location and appraisement of said land shall be reported to the auditor of state, he shall such lands. enter the same of record in a suitable book prepared for the purpose, and may then sell the same for cash, at a sum not less than the appraised value thereof, and all sums arising from the sale of said lands, shall be paid into the treasury of the state to the credit of the sinking fund: Provided, that the lot of land described as the stone-quarry in survey number 2668, and such lands along the canals as were obtained for gravel banks for the purpose of repairing the canals, or for sites for water power at locks, where such power has not yet been brought into use, shall not be sold until directed by the general assembly; and provided, further, that the auditor of state cause said lands to be offered at public sale, at the door of the court house, in each of said counties wherein the lands lie, and shall cause public notice of such sale or sales to be published in a newspaper printed in each of said counties, or of general circulation therein, for five consecutive weeks immediately preceding such sale; and if said lands shall not sell at public sale, then the auditor of state may sell at private sale, but in no case shall the lands be sold for less than the appraised value thereof: Provided, that nothing herein shall apply to any lands within the limits of the city of Cleveland, now used for the bed of the Ohio canal, its tow path or basin, or needed to connect said canal with the Cuyahoga river, at or near a point sixteen hundred feet north of the south line of said city, where it crosses said Ohio canal. sale. Reservation of certain SEC. 3. That if the said board of public works shall be of opinion that any of the parcels of said lands so ascertained and located, are now or may hereafter become valuable to lands. the state in connection with the public works, that fact shall be noted in their report to the auditor, and such parcels of land shall be reserved from sale; but the board of public works may lease such reserved parcels for such terms as in their judgment they may deem proper. |