in certain counties authorized. Tax to build in this state having, by the last federal census, a population court houses exceeding forty-one thousand inhabitants, and not exceeding forty-six thousand, be and they are hereby authorized and empowered to levy a tax not exceeding one mill on the dollar in any one year, and not exceeding eight mills on the dollar in whole, for the purpose of building a court house in such county. SEC. 2. 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 10, 1872. President of the Senate. Attorney or agent to be appointed, on whom process may be served, etc. Service on agent last designated. Statement of condition, etc., to be filed. AN ACT To amend section twenty of an act for the incorporation and regulation of life insurance companies, passed April 16, 1867. (S. & S., 218.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty of the above mentioned act be so amended as to read as follows: Section 20. Such company shall also appoint an attorney or agent in each county in this state, in which the company has established an agency, on whom process of law can be served; and such agent or attorney shall file with the auditor of state a certified copy of the charter of said company, and also a certified copy of the vote or resolution of the trustees or directors of the said company appointing such agent or attorney, which appointment shall continue until another such agent or attorney be substituted. And in case any such insurance corporation shall cease to transact business in this state according to the laws thereof, the agents last designated or acting as such for such corporation, shall be deemed to continue agents for such corporation, for the purpose of serving process for commencing actions upon any policy or liability issued or contracted while such corporation transacted business in this state; and service of such process for the causes aforesaid, upon any such agent, shall be deemed a valid personal service upon such corporation. And said company shall file a statement of its condition and affairs in the office of the superintendent of insurance in the same form and manner required for the annual statements of similar companies organized under the laws of this state; and said company shall also file with said superintendent a written statement, duly signed and sealed, waiving all right to transfer or remove any cause then or thereafter pending in any of the courts of this state, wherein said company is or may be a party to any of the courts of the United States. SEC. 2. That section twenty of the above recited act be and the same is hereby repealed. SEC. 3. This act shall be in force from and after its passage. N. H. VAN VORHES, Speaker of the House Representatives. Passed Aril 10, 1872. President of the Senate. AN ACT To prevent the unlawful cutting of timber, etc., and to repeal an act entitled an act for the punishment of certain offenses therein named, passed and took effect April 11, 1862. (S. & S., 282.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be so amended as to read as follows: Section 1. That if any person or persons shall unlawfully saw, bore or cut down any timber, tree or trees of whatever size, or any poles, commonly called hoop-poles, standing or or growing upon the lands of another person, or lands of the state of Ohio, or shall unlawfully take, carry or haul away from the lands of another person, or lands of the state of Ohio, any timber, saw logs, rails, rail-cuts, tan-bark, hooppoles, or shall unlawfully dig up, pluck off or carry away from the lands of another person, any cultivated root or roots, plant or plants, fruit, or any other vegetable production or productions, with intent in each or any of the above recited cases to injure the owner of said lands in his property or to defraud him or them, if the value of the property severed or taken away from the lands, as aforesaid, shall be less than thirty-five dollars, the party offending shall be punished according to the provisions of the second section of this act; but if the value of the property severed or taken from the lands of another, or of the state, as aforesaid, shall be of the value of thirty-five dollars or more, he or they shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not more than three years nor less than one year, and shall pay the costs of prosecution. SEC. 2. That if any person or persons shall be convicted Trespass upon certain property of individuals. 105 Ref 74-30. Felony and its penalty. Misdemeanor of either or any of the offenses mentioned in the first section and the penof this act, and the value of the property severed, or in any alty. manner taken from lands in violation of the provisions of the fin Rip 74-305 he or they shall be guilty of a misdemeanor, and, on cos, rep-so. tion thereof, shall be fined in any sum not less than twice the value of the property severed or carried away from lands as aforesaid, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and pay the costs of prosecution. SEC. 3. That if any person or persons shall buy or receive any of the property mentioned in the first section of this act, or any lumber, timber, bark, rails or hoops made or taken therefrom, knowing that the same had been severed or taken from the lands of another, or from the lands of the state, in violation of the provisions of the first section of this act, and with intent to defraud the owner of such property, he or they shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than twice the value of the property bought or received as aforesaid, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of prosecution. SEC. 4. That if any person or persons owning a saw mill, or having charge or control thereof, or who may be working in, or running a saw mill, shall saw in said mill, or knowingly permit to be sawed in said mill, any timber or logs, with intent thereby to injure or defraud the owner or owners of said property, and knowing that said timber or logs had been severed or taken from the lands of another, or from the lands of the state of Ohio, in violation of the provisions of the first section of this act, he or they shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than twice the value of the lumber or timber sawed, as aforesaid, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of prosecution. SEC. 5. That the court trying any cause arising under this act, shall instruct the jury to find the value of the property severed, or taken from land bought, received or sawed, as the case may be, in violation of any of the provisions of this act, and shall render judgment against the party convicted for the amount of fine assessed, and costs of prosecution; and the sheriff or other officer collecting said judgment shall, after paying all the costs of prosecution, pay over to the owner of said property severed, or taken, as aforesaid, twice the value thereof as returned by the jury. SEC. 6. That the act entitled an act for the punishment of certain offenses therein named, passed and took effect April 11, 1862, (S. & S., 282,) be and the same is hereby repealed. SEC. 7. This act shall take effect from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed April 10, 1872. President of the Senate. AN ACT To authorize county commissioners to execute bonds of indemnity in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any county in the state of Ohio, which has been, and now is, or may hereafter be, the owner of any of the bonds of the United States known as five-twenties, seven-thirties, and ten-forties, or other securities of the United States, issued under the acts of the Congress of the United States, which said securities have not been registered at the office of the treasurer of the United States, and which said bonds or other securities have been lost, destroyed or stolen from said county, and which said bonds or other securities have not been redeemed by the government of the United States, it shall be lawful for the county commissioners of such county to execute and deliver, on behalf of said county, to the government of the United States, or to any officer of said government who may be by law authorized to receive the same, a bond indemnifying the said government of the United States against all loss which said government might sustain by reason of the redemption and payment of said outstanding bonds or other securities, on delivery to said county commissioners by said government of the United States of duplicate bonds or other securities so lost, destroyed or stolen, for the use of said county, for the several sums of money represented by the said bonds or other securities so as aforesaid lost, destroyed or stolen. SEC. 2. That in case it shall be discovered by the authorities of the United States, after the delivery of said duplicate bonds or other securities to said county commissioners, that any of said original bonds or other securities have been redeemed by the government of the United States through any of its officers or agents authorized by law so to do prior to the issuing and delivery of said duplicate bonds or other securities, it shall be lawful for the said county commissioners of that county to pay to the government of the United States such sum of money as may have been so paid in the redemption so as aforesaid made by said government, if the duplicate bond, or bonds, or other securities so by the United States government issued and delivered, as aforesaid, have been by said county commissioners negotiated or assigned, or if said duplicate bond, or bonds, or other securities, shall have been redeemed by the government of the United States, then, and in that case, it shall be lawful for said county commissioners to pay out of the county fund of such county, to the United States government, such sum of money as may have been paid by said government in the redemption of said bonds, or other securities, as aforesaid; but in case said duplicate bonds, or other securities, shall not have been so negotiated or assigned as aforesaid, then, and in that case, said duplicate bonds, or other securities, shall be delivered up to said United States government for cancellation. Bonds of indemnity to bonds aureplace lost thorized, &c. Procedure in case of re demption by United SEC. 3. This act shall be in force from and after its pas sage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed April 10, 1872. President of the Senate. Bonds authorized to aid in erecting car shops in certain cases. AN ACT To authorize villages or cities with a population of five thousand six hundred and forty-one by the federal census of 1870, to appropriate money to construct car shops, &c., within the limits of such village or city. SECTION. 1. Be it enacted by the General Assembly of the State of Ohio, That villages or cities containing a population of five thousand six hundred and forty-one, and no more, by the federal census of 1870, published in the last volume of Ohio Statistical Report, if the council thereof, by a resolution passed by a majority of the members elected thereto, on a petition by two-thirds of the tax-payers of such village or city, declare it to be essential to the interest of such village or city that the head of division and car shops of any railroad, to be named in such resolution, should be located within the limits of such village or city, it shall be lawful for the council of such village or city to borrow as a fund, for the purpose of erecting such shops, if the council shall deem it expedient to erect such buildings, a sum not exceeding thirtyfive thousand dollars, and to issue bonds therefor in the name of such village, under the corporate seal thereof, at a rate of interest not exceeding eight per centum per annum, payable semi-annually, at such places and in such sums as shall by such council be deemed best; such bonds shall be signed by the mayor, and attested by the clerk of such village or city; and the clerk shall keep a register of the same, and the faith of the village or city shall be pledged for the redemption of said bonds; and it shall be the duty of such council to levy, annually, sufficient tax to pay the interest on and provide a sinking fund for the redemption of said bonds. SEC. 2. 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 10, 1872. President of the Senate. |