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Employ of clerks, &c., and their

compensation.

shall exceed thirty thousand dollars, over and above the expenses of said officers, it shall be lawful for the county auditor, upon the order of the county commissioners, to transfer from said fee fund to the general fund for the use of the county, any sum that may have accumulated over and above the sum of thirty thousand dollars.

SEC. 4. That nothing in section three of the act to which this is an amendment, shall be construed to prevent the officers therein named from employing their deputies, clerks, book-keepers and other assistants, at such compensation as they may deem reasonable and proper: Provided, however, that such compensation shall not exceed the maximum amounts as fixed by the judges of the court of common pleas, as provided for in said section.

SEC. 5. That original sections two, twelve, fourteen and seventeen of the above recited act be and the same are hereby repealed.

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 April 17, 1872.

President of the Senate.

Auditor to

appoint trustees in cases of delinquency, &c.

AN ACT

Supplementary to an act entitled "An act to incorporate the original surveyed townships," passed March 14, 1831, and to repeal an act therein named.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever it shall come to the knowledge of the auditor of any county in this State, that the electors of any original surveyed township in their respective counties, wherein there are either the reserved sections twentynine or sixteen, have failed for the space of one year to elect trustees for said original surveyed township, for the purpose of taking care of the sections above described, or of any other section or part of section granted in lieu thereof, in accordance with the provisions of the first section of the act to which this is supplementary, or if having elected said trustees and treasurer, the persons so elected shall fail to qualify, or shall fail to perform the duties devolved upon them by the provisions of said act, and of subsequent acts amendatory of the same, it is hereby made the duty of said auditor to appoint from among the electors of said township, three judicious persons to act as trustees, and one to act as treasurer, not residing on or holding any lease upon said school lands, to take charge of the same, and to discharge all the duties devolved upon the trustees and treasurer of such

original surveyed township, under the provisions of the act aforesaid, and those amendatory thereto, who shall hold their office for the term of one year, and until their successors are elected and qualified.

SEC. 2. That any trustee or treasurer of any such original surveyed township, or any person or persons appointed by the auditor aforesaid, and who shall qualify, or any such trustee or treasurer who shall fail to perform all the duties devolved upon him or them by the provisions of the acts aforesaid, or who shall fail to promptly collect the rents which shall become due from time to time upon any lease made under the provisions of any act of the general assembly, or shall fail to have any such lards re-appraised according to the provisions of any such lease, shall, upon conviction thereof, in any court of competent jurisdiction, pay a fine of not less than fifty dollars, nor more than two hundred dollars, for the use of the schools of said original township.

SEC. 3. That the auditor of such county, whenever it shall come to his knowledge that any lessee or lessees of any such school or ministerial lands have failed to pay the rent he or they are bound to pay by the provisions of any lease thereon, or that the trustees have failed to cause said lands to be re appraised according to the provisions of said lease or leases, shall immediately notify said lessee or lessees in writing, of his or their said delinquency, and upon receiving said notice. it shall be the duty of any said lessee or lessees to immediately make full compliance with the provisions of said act wherein he or they may be delinquent, in default of which that said. auditor shall, in thirty days after notifying said lessee or lessees, as aforesaid, immediately notify the trustees of any such township of such delinquency, who shall proceed immediately to collect said rent as is provided by law.

SEC. 4. That in any case where a sale of school lands has heretofore been made under the provisions of any law of the State of Ohio, and any mistake has been made in the calculation of the amount to be paid, or in the compilation of interest, either inadvertently or designedly, by any officer having charge of the same, it shall be the duty of the auditor of the proper county to examine into the same and correct any such mistake; and any purchaser or purchasers of any such school lands, upon being notified of the same, shall immediately pay the sum he or they may be found to be in default; failing to do which the said auditor shall institute a suit against said purchaser or purchasers so neglecting to pay for the amount so found to be unpaid, in the court of common pleas of the county in which said school lands may be situated, in his own name, for the use of the proper township, and shall prosecute said action to final judgment and

execution.

SEC. 5. That the act passed March 6, 1854, entitled "An act to amend an act for the incorporation of original sur

[blocks in formation]

veyed townships," passed March 14, 1853, (S. & C., 1583,) be
and the same is hereby repealed.

SEC. 6. This act shall take effect from and after its passage.
N. H. VAN VORHES,

Speaker of the House of Representatives.

JACOB MUELLER,

Passed April 17, 1872.

President of the Senate.

Catalogue of books to be made.

List of addi

tions to be

66

AN ACT

Supplementary to "An act for the reorganization of the
State Library, and to provide for the appointment of
Librarian," passed January 27, 1853. (S. & C., 880.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the board of commissioners of the State Library to cause to be prepared and printed, without unnecessary delay, a full and complete catalogue of all of the bound volumes in the State Library.

SEC. 2. It shall be the duty of the state librarian to cause to be prepared and printed, on the first day of January of published an- each year, a full and complete list of all books, pamphlets and papers received into the State Library during the preceding year.

nually.

SEC. 3. This act shall take effect upon its passage.

N. H. VAN VORHES,

JACOB MUELLER,

Speaker of the House of Representatives.

President of the Senate.

Passed April 17, 1872.

Tax to fill pools, &c., authorized.

AN ACT

To allow certain cities to assess a special tax for purposes named therein.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That cities of the second class, having a population of eight thousand nine hundred and twenty at the last Federal census, and no more, be and they are hereby empowered and authorized, to enable them to fill up, change or abate miasmatic pools or depressions in their vicinity, to assess an additional tax of one mill upon the dollar valuation of said cities, upon the grand duplicate each year for a period not exceeding five years.

tax.

SEC. 2. That for the purpose of anticipating said tax, the Bonds in acity councils of such cities are hereby authorized to issue ticipation of bonds and borrow an amount of money not exceeding twenty thousand dollars; the bonds to bear a rate of interest not exceeding eight per cent., and to be sold for not less than their par value.

SEC. 3. This act shall take effect upon its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.

Passed April 17, 1872.

JACOB MUELLER,

President of the Senate.

AN ACT

Changing and fixing the times of holding the district
courts, for the year 1872, in the counties of Adams,
Brown, Clermont, Highland and Ross, in the Fifth
Judicial District.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the times of holding the terms of the district courts in the counties of Adams, Brown, Clermont, Highland and Ross, as fixed by the judges of the Fifth judicial district for the year 1872, be and the same are so changed that the district courts for the year 1872 in said counties shall be held and commence as follows: In the county of Adams, on the 11th day of September; in the county of Brown, on the 13th day of September; in the county of Clermont, on the 23d day of September; in the county of Highland, on the 2d day of October; in the county of Ross, on the 4th day of October.

SEC. 2. The clerks of said counties each shall give the regular legal notice in some newspaper published therein, of the above changes.

SEC. 3. This act shall take effect and be in force from and after its passage, and shall expire with the year 1872.

N. H. VAN VORHES,

Speaker of the House of Representatives.

JACOB MUELLER,

Times of

holding district court in Fifth 1872.

district for

Passed April 17, 1872.

President of the Senate.

Stockholders may fix the number of directors.

Notification of special meeting.

Votes to be based on number of shares.

AN ACT

To authorize stockholders of Joint Stock and other Corporations to fix the number of their Board of Directors.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the stockholders of any joint stock manufacturing, mining, street railroad, or other corporation, organized under the laws of this state, except railroad corporations, may, at any annual meeting of its stockholders, or at any special meeting thereof, called for that purpose as hereinafter provided, fix the number of its board directors at any number not less than three for the ensuing year, and until said number shall, in like manner, be changed.

SEC. 2. That all special meetings called for the purpose aforesaid, shall be upon written notice, signed by the presi dent, secretary, or a majority of the board of directors of said corporation, stating the object of said meeting, which notice shall be personally served at least ten days before the time of said meeting, upon all the stockholders of the corporation whose names appear upon its stock ledger; or by depositing like notices in the postoffice severally addressed to said stockholders, with the postage thereon pre-paid, not less than twenty days before the time of said meeting, or upon like notice given in some newspaper published in the city, town or county in which the principal office of said corporation is situated, or if no such newspaper be published, then in some newspaper of general circulation therein, not less than three consecutive weeks, if the notice be published weekly; and not less than twenty consecutive days, including Sundays, if the notice be published daily before the time of said meeting.

SEC. 3. That in fixing the number of directors as aforesaid, the vote shall be upon the number of shares of the canital stock of said corporation; each share shall be entitled to one vote, and a majority of the actual stock of the corporation shall be required to make any change in the number of its board of directors.

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

N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

Passed April 20, 1872.

President of the Senate.

County commissioners to require corners to be established.

AN ACT

To authorize county commissioners to establish corners of townships.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever the county commissioners of any county in this state consider that the public good requires it, they shall authorize and require the county surveyor to

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