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To complete the Geological Survey of the State of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the governor, state school commissioner and the treasurer of state, are hereby constituted a geological board, whose duty it shall be to exercise supervision and control of the geological survey of the state.

SEC. 2. It shall be the duty of said geological board to ascertain the nature and extent of the work already performed under the present law providing for a geological survey of the state, which expires May 31, 1872, and to determine the best methods of securing a thorough and scientific completion of the survey.

SEC. 3. The geological board shall have power to assign the unfinished work of the survey to a geological corps, consisting of a chief geologist and two assistant geologists, men of capacity and geological knowledge, to which number shall be added a chemist of approved skill, which persons shall be appointed by the governor, by and with the advice and consent of the senate, their appointments to take effect on the first day of June, 1872.

SEC. 4. The geological board shall have power to make such a division of the territory of the state between the several geologists as shall secure the most thorough and harmonious investigation of the geology of the whole state, including its minerals, soils and fossils.

SEC. 5. It shall be the duty of the geological board to direct, in regard to all expenditures of money which may be appropriated by the Legislatore for carrying on said survey, and to secure an equitable apportionment of such money to the several districts of the state; also to determine the number of assistants to be employed by the geologists and chem. ist, and the amount of their compensation.

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SEC. 6. The geological board, after an immediate investi- Preparation gation of the work of the present geological corps, already of future rereported on and published by the state, shall direct in regard ports for pubto the preparation of all other and future reports, and recommend to the Legislature for publication the reports thus prepared.

lication.

Preservation

and distribuerals, fossils,

tion of min

&c.

Maps, draw

ings, &c., to

be delivered

to geological

board before 1st of June.

Appropria tions, how drawn from treasury.

SEC. 7. The geological board shall see that the minerals, soils and fossils of the state, collected during the survey, be properly classified and labeled by the geologists or such paleontologists as may be employed, and given to the Agricultural and Mechanical College of Ohio, and duplicates, as far as practical, to each other college in the state authorized by its charter to confer degrees, and possessing a geological department and employing a professor of geology.

SEC. 8. The geological board shall require that all maps, drawings, sections, note books, reports or partial reports, records and data, and materials of whatever kind, not yet incorporated in reports already published, which have accumulated in the hands of the present geological corps and their local assistants, also all minerals and fossils of every kind, which have been gathered by the corps and assistants, be delivered to the said geological board by the members of said corps on or before the thirty-first day of May, 1872.

SEC. 9. The annual appropriations which may be made by the legislature for carrying out the provisions of this act shall be drawn from the treasury upon the certificates of the sev eral geologists and chemist, approved by the governor and the warrant of the auditor of state, as follows: For the salary of the chief geologist, $2,500; of each assistant geologist, $2,000; for the salary of the chemist, $1,500; and for the contingent, including the traveling expenses of the geological corps and assistants, the pay of the assistants, and the cost of the needed chemicals and apparatus, $5,000.

SEC. 10. This act shall take effect from and after its pas-
sage, and continue in force till the first day of June, 1873.
N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

Passed April 29, 1872.

President of the Senate.

Township officers to be elected in the

same precincts and

by the same judges as state and county officers, etc.

AN ACT

Supplementary to an act for the incorporation of townships. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That elections of township officers shall be held in the same precincts and by the same judges of election as provided by law in case of the election of state and county officers; and returns of township elections shall be made by the judges thereof in the several election precincts to the proper township clerks within one day after any township election.

SEC. 2. This act shall take effect on its passage.

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

Passed April 29, 1872.

President of the Senate.

AN ACT

To amend section four of an act entitled "An act to provide for the creation and regulation of incorporated companies in the State of Ohio," passed March 8, 1865. (0. L. Vol. 61, [62], page 37.)

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

When rail

roads may
be construct-

ed.

Section 4. Said corporations shall be authorized to con struct and maintain a railroad, with a single or double track, with such side tracks, turnouts, offices and depots, as they may deem necessary, between the points named in the certificate, commencing at or within, and extending to or into any town, city, or village, named as the places of termini of such road; and such corporation, or any company heretofore or hereafter incorporated, may construct branches from the main line to other towns or places within the limits of any county through which said road may pass, or to a connection with any railroad which is or may be built within this state: Provided, that at a meeting of the stockholders called for that purpose the holders of a majority of the capital stock of said company shall by person or proxy by a vote so determine, and upon such determination it shall be the duty of the president and directors to make out and acknowledge a supplementary certificate in manner and form as prescribed by law in case of original certificate setting forth the facts, and file the same with the secretary of state; said company, corporations or companies aforesaid, or any independent Rate of faro. company organized under the laws of this state, hereafter constructing said branch or branches, may demand and receive for the transporation of passengers on said branch or branches, a fare not exceeding six cents per mile, and for transporation of property such reasonable rate as may be from time to time fixed by the company, or prescribed by law; and, provided further, that if the length of such branch exceeds ten miles, then the charge for passengers and freight upon excess shall be such as is or may be provided by law.

SEC. 2. Section four of the above mentioned act is hereby repealed.

SEC. 3. 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.

JACOB MULLER,

Passed April 29, 1872.

President of the Senate.

Demand for compensation for timber taken,

and proceed ings for recovery.

Title, and survey of

lands taken, &c.

Occupants

may purchase additional lands, &c.

AN ACT

Supplemental to, and amendatory of, the act entitled "An act to sell lands ceded to the State of Ohio by the United States, by act of Congress approved February (19) 18, 1871, passed March 26, 1872.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of the Ohio Agricultural and Mechanical College, are hereby authorized to demand from all persons who have destroyed or converted any timber growing upon the lands ceded to the state of Ohio, as stated in the act to which this is supplementary, since the date of said act of congress, ceding said lands to the state of Ohio, full compensation for the timber so destroyed or converted, and for all damages, and if payment shall be refused, to institute proper proceedings in the name of said Ohio Agricultural and Mechanical College, in any court of competent jurisdiction, to recover the same with damages and costs of suit: Provided, that the provisions of this section shall not apply to the timber taken from the forty acres [by] any person who shall obtain the title to the same under section two of this act.

SEC. 2. That section two of the above recited act is hereby amended so as to read as follows:

Section 2. The title to said lands is hereby vested in the trustees of the Ohio Agricultural and Mechanical College, for the benefit of said college; and said trustees are hereby required to cause a complete survey of said lands to be immediately made, and a correct plat thereof to be returned to said trustees, and to ascertain and set off, in reasonable compact form, by accurate boundaries to each occupant who was in actual possession of, and living upon any of said lands, at the time of the passage of said act of congress, as provided therein, or their heirs and assigns, a tract not exceeding forty acres; and upon the payment, by the claimant, of the cost of surveying and making the deed, the said trustees shall cause a deed for said tract to be executed and delivered to the claimant as hereinafter provided; and if any such occupant shall have been in such actual possession of more than forty acres aforesaid, and desirous of holding the the same, he shall be entitled to have in addition to said forty acres, any number of acres, not exceeding, with said forty acres, the number of one hundred and sixty acres, to be in reasonable compact form as aforesaid, by paying for the said excess over forty acres, the sum of one dollar per acre, in payment and secured by mortgage as provided in section four of the above recited act: Provided, that any person to be entitled to the provisions of this section as occupant as aforesaid, shall be required to make affidavit as provided in the thirteenth section of the act of congress, approved September 4, 1841, entitled an act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights.

SEC. 3. That original section two of the above recited

act is hereby repealed.

SEC. 4. This act shall take effect from its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.

JACOB MUELLER,

Passed April 29, 1872.

President of the Senate.

ERRATUM.-On page 27, eighth line from the bottom, instead of "transaction," read transportation..

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