act, shall be submitted to the commissioners and board of control of the county where such infirmary may be located, for their approval; and if approved by such board of commissioners and board of control, a copy thereof shall be deposited in the office of the auditor for such county, and by him safely kept for the use and inspection of all parties interested. SEC. 4. That after such plans, drawings, representations, bills of material, specifications and estimates, as herein required, are made by the said directors of the county infirmary and approved by the commissioners and board of control of such county, it shall be and is hereby made the duty of the county auditor to give public notice in any newspaper of general circulation in such county, of the time and place when and where sealed proposals will be received for performing the labor and furnishing the materials necessary for the addition to or alteration of any such infirmary building or buildings, and when and where a contract or contracts, based on such sealed proposals, will be made; which notice, shall be published weekly, at least four consecutive weeks next preceding the day named for the making of such contract or contracts, and shall state when and where such plan or plans, drawings, representations and specifications can be seen, and which shall be open to public inspection at all reasonable hours between the date of such notice and the making of such contract or contracts. SEC. 5. That it shall be lawful for the said directors of the county infirmary, if for any cause they fail to make the contract or contracts as herein provided for, on the day named in the notice as in this act required, to continue from day to day until such contract or contracts be made: Provided, that such contract or contracts shall be awarded to and made with the person or persons who shall offer to perform this labor and furnish the materials at the lowest price, and give good and sufficient bond to the acceptance of the directors of such infirmary for the performance of the contract or contracts according to the plan or plans, drawings, representations and specifications, as in the second section of this act required, which plan or plans, drawings, representations and specifica tions shall be and are hereby made a part of such contract or contracts; and provided further, that such contract or contracts shall not be binding upon any such directors of the county infirmary until first submitted to the prosecuting attorney of such county, and by him found to be in accordance with the provisions of this act, and his certificate to that effect endorsed thereon; and provided further, that no contract or contracts shall be made for any such addition to or alteration of any such infirmary building or buildings, or for the labor or materials therefor, at a price in excess of the estimate in this act required to be made. SEC. 6. That it shall be the duty of the county auditor, when an accurate and detailed estimate of the various kinds of labor performed and materials furnished under such contract or contracts, signed by the directors of such infirmary, with the amount due for each kind of labor and material, Notice of proposals to be published by county auditor. Contracts, how made, &c. Orders to be drawn by county auditor, &e Five per cent. to be retained. Tax levy for deficiency. and the amount due in the aggregate, is furnished him, to give to the person or persons entitled thereto an order on the county treasurer, who shall pay all orders drawn under the provisions of this act, for the amount or amounts by each estimate or estimates shown to be due, less the amount of five per centum thereon, which shall be retained as additional security for the faithful performance of such contract or contracts, until a final estimate has been made by the directors of such infirmary that all the materials have been furnished and all the labor performed to their acceptance; and when such final estimate is furnished, the county auditor shall include in his final order or orders on the county treasurer in favor of the person or persons to whom such final estimate or estimates shall be due, the percentage retained on former estimates as herein required. SEC. 7. That in case of any deficiency in the fund now authorized to be levied for infirmary purposes in any such county, the county commissioners are hereby authorized and directed to levy a tax to carry out the provisions of this act, which shall be collected as other taxes, not to exceed in any one year two-tenths of one mill on the dollar of the valuation of all the taxable property within said county, exclusive of any city therein which may have or maintain an infirmary separate from such county infirmary. SEC. 8. 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 March 25, 1872. President of the Senate. Acceptance of act of Congress. Title of lands vested in trustees of agricultural college. Sur vey, &c. AN ACT To sell land ceded to the State by the United States, by act of Congress, approved February 19th, 1871. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That, the unsurveyed and unsold land ceded to the State of Ohio by a certain act of the Congress of the United States, approved February 19th, 1871, situate and being in the Virginia Military District, between the Great Scioto and the Little Miami Rivers, in said state, be, and the same are hereby accepted by the State of Ohio, subject to the provisions of said act. SEC. 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, by accurate boundaries, to each occupant who was in actual possession of, and living upon any of said lands at the time of the pas sage of said act of Congress, as provided therein, or their heirs or assigns, a tract not exceeding one hundred and twenty-five 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 hereafter provided. Lands to be sold at public sale. SEC. 3. All the unsurveyed and unsold lands in said district, not so occupied, shall, without unnecessary delay, be sold at public sale, the trustees giving notice of the times, places, terms and conditions of the sale, and a general description of the lands to be sold, by publication in some newspaper printed and of general circulation in the county wherein such lands lie, at least four weeks prior to such sale; and said lands shall be sold in tracts not exceeding one hundred and sixty acres each: Provided, that no trustee of said col- Proviso. lege, agent or officer thereof, or agent or attorney of said trustees, nor shall any of such trustees at any time purchase any of such land from any purchaser or purchasers thereof, or from his or their assigns, shall be a purchaser of any of said lands at such sale, and not more than one tract shall be sold to the same person. Conveyance to purchaser, and investment of proceeds of sale. SEC. 4. All lands sold at such public sale, shall be sold Terms of sale. upon the terms of one-third of the purchase money in hand, one third in one year, and balance in two years, with interest on the aforesaid payments from the day of sale; and the deferred installments shall be secured by the notes of the purchaser, and mortgage on the premises. All lands sold under the provisions of this act, shall be conveyed to the purchaser, by deed of said trustees, under the seal of said college, and signed by the president and secretary of the board of trustees; and the proceeds of the sales, after payment out of the same of all necessary expenses of survey and sale, shall be paid into the irreducible fund of said college, in the treasury of the state, and made a part of the irreducible debt of the state; and said trustees shall annually report to the governor a detailed statement of receipts and disbursements in this behalf. SEC. 5. The appraisers under this act, shall each be al- Allowance to lowed one dollar and fifty cents a day for his services, to be appraisers. paid one half by the person desiring such appraisement, and the other half by said trustees. SEC. 6. 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 26, 1872. President of the Senate. Appointment of viewers and review cancies. AN ACT To amend section one of an act entitled "An act supplementary to an act entitled an act for opening and regulating roads and highways, passed and took effect March 12, 1861. (S. & S., 690.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one (1) of the above recited act be so amended as to read as follows: Section 1. That in case any person appointed as viewer or reviewer on any road by the commissioners or probate judge of the county, shall fail to attend at the place specified in the ers to fill va- order at or before two o'clock P. M. of the day in said order specified, it shall be the duty of the surveyor and two viewers to fill the vacancy by appointing a judicious disinterested freeholder of the county, and in case of a review, when five viewers are required, the surveyor and not less than three of the viewers may fill the vacancy by the appointment of judicious freeholders, or freeholders of the county, to fill the vacancy or vacancies, who shall be required to take the same oath, and be vested with the same power to do and perform the same duties as if he or they had been appointed by the commissioners or probate judge of the county. SEC. 2. The above recited act, passed March 12, 1861, is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. N. II. VAN VORIES. Speaker of the House of Representatives. JACOB MUELLER, Passed March 26, 1872. President of the Senate. Members of fire companies exempt AN ACT To encourage the organization of Fire Companies. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person who is, or may hereafter become an acting member of any fire engine, hook and ladder, from military or hose company, for the extinguishment of fire, or the produty, &c. tection of property against fire, now existing and under the control of the corporate authorities of any city or incorporated village of this state, or of any such company as may hereafter be organized under and subject to the authorities of any city or village as aforesaid, shall, during the time he shall continue an acting member of such company, be exempt from the performance of military duty in time of peace, from service upon juries, and from the performance of labor Exemption of upon the highways. And any person who shall have been an acting member of any such company in any city or village as aforesaid, and shall have faithfully discharged his duties ex-members. as such for the term of five consecutive years, shall be for five years thereafter exempted from the performance of military duty in time of peace,, and from the performance of labor on the highways: Provided, that the number of persons of such engine company shall not exceed sixty-four, and of such hook and ladder company thirty, and of such hose company twenty; and provided further, that no person who is receiving pay for his services in any such company shall be entitled to receive the benefits of the exemptions of this act. SEC. 2. The act entitled "An act to encourage the organization of fire companies," passed May 11, 1861, (S. & S., 374.) is hereby repealed. SEC. 3. This act shall take effect from its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Limitation. Passed March 26, 1872. JACOB MUELLER, President of the Senate. AN ACT To amend section fourteen of an act entitled "An act concerning the relation of guardian and ward," passed April 12, 1858, as amended by an act entitled " An act to amend section fourteen of an act entitled an act concerning the relation of guardian and ward, passed April 12, 1858," passed March 31, 1864. (S. & S., p. 381-2.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fourteen of the act first above named, as amended by the act second above named, be so amended as to read as follows: Section 14. The following shall be the duties of every guardian of any minor who may be appointed to have the custody and take charge of the estate of such minor, to-wit: First-To make out and file within three months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do for thirty days after he shall have been notified of the expiration of the time by the probate judge, said probate judge shall remove him, and appoint a successor. Second-To manage the estate for the best interests of his ward. Third-To render on oath to the proper court an account of the receipts and expenditures of such guardian, verified by vouchers or proof, once in every two years, or oftener, upon the order of the court, made upon motion of any person interested in said ward or the property of such ward, for good cause shown by affidavit, and failing so to do for thirty days after he shall have been notified of the expiration of the time Duties of guardians of minors. |