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by the probate judge, he shall receive no allowance for services, unless the court shall enter upon its journal that such delay was necessary and reasonable: Provided, that in all cases where the whole estate of said ward, or of several wards jointly, under the same appointment of guardianship, shall not exceed two hundred dollars in value, said guardian shall only be required to render such account upon the termination of said guardianship, or upon the order of said court, made upon its own motion or the motion of some person interested in said ward or wards, or in his, her or their property, for good cause shown, and set forth upon the journal of said court.

Fourth-At the expiration of his trust, fully to account for and pay over to the proper person all of the estate of his ward remaining in his hands.

Fifth-To pay all just debts due from such ward, out of the estate in his hands, and collect all debts due such ward, and in case of doubtful debts to compound the same, and appear for and defend, or cause to be defended all suits against such ward.

Sixth-When any ward has no father or mother, or having a father or mother, and such parent is unable or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify.

Seventh-To loan or invest the money of his ward in a reasonable time after he receives it, and the payment of the money loaned or invested shall be secured by a mortgage on real estate of double the value of the money loaned exclusive of buildings or other improvements, timber and minerals in or upon such real estate, or upon the purchase or pledge of the certificates of the funded debt of this state, or the bonds or certificates of the funded debt of the United States: Provided, that said guardian shall in all cases be held to account for all premiums realized upon coin received by him, as interest or otherwise. And if said guardian fail to loan or invest the money of his ward within such reasonable time, he shall account on settlement for such money and interest thereon, calculated with annual rests.

Eighth-To obey and perform all the orders and judgments of the proper courts touching the guardianship.

SEC. 2. That said section fourteen, as amended by "an act to amend section fourteen of an act entitled 'An act concerning the relation of guardian and ward,'" passed March 31, 1864, be and the same is hereby repealed.

SEC. 3. This act shall be in force and take effect 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.

AN ACT

Making appropriations for the payment of interest and principal of the State Debt.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby appropriated from any money in the treasury, by transfer or otherwise, and that may come into the treasury belonging to the sinking fund, as follows:

To pay the interest on the funded debt of the state, four hundred and sixty thousand dollars.

To pay the interest on the irreducible debt or trust funds held by the state, one hundred and seventy thousand dollars. To pay the principal of the funded debt of the state as required by the constitution, together with such sums in addition as may come into the treasury applicable to the purpose, the sum of three hundred and twenty thousand seven hundred and fourteen dollars.

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To pay the expense of the office of the commissioners of Expenses. the sinking fund, including salary of clerk, two thousand dollars.

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

N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

Passed March 26, 1872.

President of the Senate.

AN ACT

To change the time for holding the terms of the district court in the ninth judicial district, and the county of Coshocton, for the year 1872.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the times for holding the terms of the district court for the year 1872, as fixed by the judges of the ninth judicial district be changed, and that the said terms be held as follows, in said district: In the county of Trumbull, on the 15th day of April, 1872; in the county of Portage, on the 22d day of April, 1872; in the county of Lake on the 25th day of April, 1872; in the county of Geauga, on the 27th day of April, 1872; in the county of Ashtabula, on the 30th day of April, 1872; in the county of Carroll, on the 19th day of August, 1872; in the county of Stark, on the 22d day of August, 1872; in the county of Columbiana, on the 27th day of August, 1872; and in the county of Mahoning, on the 2d day of September, 1872.

SEC. 2. That the time for the holding of the district court within and for the county of Coshocton, as fixed for the year 1872, by the judges of the sixth judicial district, be and the same is hereby changed from the 27th day of May,

Time of holdding district courts in

ninth district.

Time of hold-
ing district
court in Co-

shocton
county.

to the 12th day of July, 1872, on which last named day the term of said court for said Coshocton county shall begin.

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 29, 1872.

President of the Senate.

Rep 74-304

Ballot boxes

must not be

removed
from place of
voting until
votes are
counted.

Penalty for
offense
against this

act.

AN ACT

Supplementary to the act entitled an act to preserve the purity of elections, passed March 20, 1841, and to repeal section fifty-three of an act entitled an act to regulate the elections of state and county officers, passed May 3, 1852.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That at any election held in pursuance of law within this state, when the counting of votes shall commence as prescribed in section twelve of an act entitled an act to regulate the election of state and county officers, passed May 3, 1852, it shall be unlawful for the judges thereof to postpone the counting of the votes cast at such election, or to adjourn for any time or to any place, or to remove the ballot box from the place of voting, or from the custody or presence of all the judges of such election.

SEC. 2. That the judges of any election held in pursuance of law in this state, who shall offend against the provisions of this act, shall be deemed guilty of misdemeanor, and on conviction thereof before the court of common pleas of the proper county, shall be fined in any sum not exceeding one thousand dollars, nor less than one hundred dollars, and imprisoned in the county jail not exceeding ten days.

SEC. 3. That section fifty-three of an entitled an act to regulate the election of state and county officers, passed May 3, 1852, be and the same is hereby repealed.

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

N. II. VAN VORIES,

Speaker of the House of Representatives.

JACOB MUELLER,

Passed March 29, 1872.

President of the Senate.

AN ACT

To amend sections 539 and 583 of an act entitled "An act to provide for the organization and government of municipal corporations," passed May 7, 1869. [O. L. vol. 66, page 248.] [O. L. vol. 67, p. 80.]

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections five hundred and thirty-nine (539), as amended April 18, 1870, and five hundred and eighty-three (583) of the municipal code, passed May 7, 1869, be amended so as to read as follows:

Levy of tax for improvements.

Section 539. For the payment of the costs of the following improvements, including the necessary real estate, the council shall levy and asses a tax upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation, which levy and assess. ment shall be by the clerk of the corporation, certified to the auditor of the county, and by the auditor charged in the duplicate against such taxable property, and collected as other taxes; that is to say, for public halls and necessary offices, for structures for the fire department, for water works, market houses and spaces, cemeteries, parks, infirmaries, hospitals, gas works, prisons, houses of refuge and correction, work houses, public privies and urinals, and land appropriated for rights of way, wharves and landings on navigable waters, levees and embankments: Provided, that where the council Assessment of any municipal corporation shall appropriate any lots or on contigu-. lands for the purpose of laying off, opening, extending, straightening or widening any street, alley or public highway, it shall have power to assess the costs and expense of such appropriation and improvement upon the lots or lands benefited thereby, including lots and lands that are contiguous and adjacent, as well as those that abut upon said street, alley or highway, or upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation, as provided in section 583 as herein amended; that when said council shall determine to make such assessment upon the lots and lands benefited by said improvement, they shall levy said assessment upon all the lots and lands benefited, either in proportion to the foot front of said lots and lands, or according to their valuation for taxes on the general duplicate.

Section 583. Whenever it shall be deemed necessary by the council of any municipal corporation, to open, extend, straighten or widen any street, alley or public highway with in the limits of such corporation, the council of such corporation shall provide by ordinance for the same, and such ordinance shall briefly and in general terms describe the property sought to be appropriated for the purposes aforesaid. The proceeding for such appropriation shall be as in such cases provided for in an act to provide for the organization of cities and incorporated villages, passed May 7, 1869, and as amended April 8, 1870, to which this act is amendatory. The

ous and adja

cent lots, &c.

Improvements, &c., provided for by ordinance.

Assessment for costs.

assessments made for the purpose of paying the cost and expense of opening, widening or straightening such street, alley or highway, shall be made and approved in accordance with the provisions of section 543 of the act of which this is amendatory, as amended May 2, 1871, and of sections 584, 585, 586, 587, 588 and 589, of the act to which this is amendatory, and may be made payable in one or more installments, as provided in section 577 of said act.

SEC. 2. That sections five hundred and thirty-nine and five hundred and eighty-three above mentioned, be and the same 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.

Passed March 29, 1872.

JACOB MUELLER,

President of the Senate.

Amended

association

authorized.

AN ACT

To cure certain defects and informalities in incorporating associations under act to provide for the organization of Homestead Building Associations, passed May 9, 1868.

SECTION 1. Be it enacted by the General Assembly of the certificate of State of Ohio, That where any association of persons in this state, not less than five in number, have in good faith attempted io organize themselves into an incorporated company under the law authorizing and governing building associations, and have in like good faith commenced and carried on business as a building association, and filed with the secretary of state a certificate of their attempted organization, which certificate is not acknowledged or certified to as required by law, or is in other respects informal, it shall be lawful for any number of the members of said association, not less than five, to make out an amended certificate in the form required by the statue [statute] for the organization of building associations, reciting therein the date of their attempted organization and their desire to have the benefit of this act, which certificate shall in all respects be signed, sealed, acknowledged and certified to as required by the statue [statute] aforesaid, and filed with the secretary of state and recorded in the office of the county recorder as required by law. And on the filing with the secretary of state, of such amended certificate, it shall relate back to the date of the filing of the informal certificate, and shall cure the defects and informalities therein; and a certified copy of such amended certificate shall be received as evidence of the in

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