Costs. Limit of provisions of this act. Acts repealed. also five cents per mile for every mile of the distance they may be compelled to travel in the discharge of their duties; the witnesses shall be allowed the same fees and mileage as are now allowed for attendance in the court of common pleas; the sheriff shall be entitled to such fees as he may be allowed by law for similar services in other cases, but he shall not be allowed anything in the way of poundage, except on moneys made on execution and sale of property; the clerk shall be entitled to a fee of one dollar and fifty cents for drawing and certifying to the probate judge the list of jurors; the probate judge shall be allowed to enter a charge of five dollars in the cost bill for each day occupied in the trial of said cause, in addition to his fees as are now provided by law; and the whole costs so taxed shall be adjudged against and paid by the corporation seeking to make such appropriation: Provided, that such corporation, by its proper officer, agent or attorney, may, at the time of filing the petition at the commencement of the proceedings with the probate judge, deposit with said probate judge such amount in money for each separate parcel of property, as it may deem a just and equitable compensation for the property and rights described in the petition, and sought to be appropriated: and if the final verdict of the jury as to any parcel of property shall not exceed the amount so deposited, the whole costs of the proceedings 8 to such parcel, shall be equally divided between the corporation and the owner or owners of such property, in case of the refusal of the said owner or owners after notice of such deposit to accept the same; and if the final verdict as to any parcel or parcels shall exceed, and as to other parcel or parcels not exceed the amount deposited, the probate judge shall apportion the costs in such manner as he shall deem equitable and just. SEC. 25. That the provisions of this act shall not apply to proceedings by state, county, township, district or municipal authorities, to appropriate private property for public uses, or for roads or ditches, except in cases when such proceedings have hitherto been had under acts or parts of acts repealed by this act; and in all such cases it shall be optional with such authorities to pay the judgment rendered against them according to section ten hereof, or to pay the costs and decline to take the property sought to be appropriated. SEC. 26. The act entitled "An act to provide for compen· sation to the owners of private property appropriated to the use of corporations," passed April 30, 1852, (S. & C., p. 311, et seq.) and the act supplementary thereto, passed March 14, 1853, (S. & C., p. 316,) and the act supplementary thereto, passed April 25, 1854, (S. & C., p. 370,) and the act amending the fifth section of said original act, passed and took effect April 8, 1856, (S. & C., p. 312), and an act supplementary to said original act, as passed April 30, 1852; passed April 6, 1865, (S. & S., pp. 114, 115,) and the act supplementary to said original act as passed April 30, 1852; passed May 2, 1871, (O. L. vol. 68, pp. 130 and 131,) and all acts and parts of acts of contradictory to or inconsistent with the provisions of this act, be and the same are hereby repealed: Provided, that no proceedings had under any law herein repealed or modified, nor any proceedings now pending under any of the provisions of said acts repealed or modified by this act, shall be affected by such repeal or modification; but all such proceedings now pending shall be conducted and completed under the provisions of the laws now in force. SEC. 27. 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 23, 1872. President of the Senate. AN ACT To amend section six of "An act to provide for the election, qualification and removal from office of the Clerks of the Courts of Common Pleas, and to prescribe the manner of filling vacancies in said office," passed January 31, 1852. (S. & C., p. 232.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six of "An act to provide for the election, qualification and removal from office of the clerks of the courts of common pleas, and to prescribe the manner of filling vacancies in said office," passed January 31, 1852, be amended so as to read as follows, to-wit: Section 6. That each and every clerk of the respective courts, shall keep his office at the seat of justice in his proper county, and every clerk failing so to do, shall be deemed and taken to have resigned the same; and in case a vacancy shall happen in the office of clerk in any county in this State, by death, resignation, or otherwise, the commissioners of said county are hereby authorized to appoint a clerk pro tempore, who shall hold his office until the second Monday of Febru ary succeeding the October election, next ensuing such appointment, and until his successor shall be elected and qualified: Provided, said appointments shall have been made at least twenty days prior to said October election; otherwise said clerk so appointed shall continue in office under and by virtue of his said appointment, until the second Monday of February next succeeding the October election, to be held in the year next thereafter, and until his successor shall be elected and qualified. But if said commissioners shall fail to make said appointment within the time herein specified, then the auditor of said county shall forthwith make such appointment. And all clerks now in office, or who may hereafter be elected, shall continue in office until the second Monday of February, succeeding the October election, at which their successors shall be elected, and until their successors shall be elected and qualified. 7-LAWS. Vacancy in office of clerk, how filled, &c. SEC. 2. That original section six of said act is hereby repealed. SEC. 3. This act shall be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 23, 1872. JACOB MUELLER, President of the Senate. How ditches shall be kept in repair, &c. Duty of county auditor. AN ACT To amend section sixteen, and repeal section seventeen of an act entitled "An act relating to Ditches," passed April 12, 1871. (O. L., vol. 68, page 60.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixteen of the above entitled act be amended so as to read as follows: Section 16. For the purpose of keeping any ditch open and in good repair, that is now or may hereafter be constructed under any laws of this State, any two of resident land owners through whose land said ditch passes,may make their statement in writing to the county auditor; said statement shall contain what repair they deem necessary, together with an estimate of the amount necessary to clean out and repair the same, on each tract of land, through which said ditch runs, and shall set forth the necessity of cleaning out and repairing said ditch. Upon receiving said statement in writing as aforesaid, signed by any two of said resident land owners, the county auditor shall forthwith appoint one disinterested freeholder, of the county through which said ditch passes, who shall be sworn to go upon the line of said ditch, and examine the same carefully, and make his report in writing to the county auditor, fixing the amount that each land owner should contribute to make the repair of said ditch, according to the benefits derived; also, the amount of work each land owner should be required to perform in repairing said ditch. Upon receiving said statement in writing, of said disinterested freeholder, as aforesaid, the county auditor shall forthwith notify the owner or owners of said tracts of land, through which said ditch runs, or their agents, so far as their residence is known to said auditor, directing him, her or them, to clean out and repair said ditch through his, her or their said tract or tracts of land, within six months from the date of said notice; said notice to be in writing, and sent to said owner or owners by mail or otherwise. But if the residence of the owner or owners of any such tract of land, or of his, her or their agent, is not known to the auditor, it shall be the duty of the auditor to cause to be posted Examination of ditch, &c. up in at least three of the most public places in the town SEC. 2. That original sections sixteen and seventeen of the act to which this is an amendment, 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 April 23, 1872. President of the Senate. AN ACT Relative to the appointment and duties of a reporter of the Supreme Court, and the preparation, publication and distribution of reports of said court. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the supreme court shall appoint a re Supreme court to appoint a reporter-his bond. Reporter shall attend sessions and consultations. Decisions to be reported. Report of each case to be delivered to supervisor of printing. Advance forms of sixteen pages to be published. FA Blium 100 porter, removable by its order, for such term as it may deem advisable, not exceeding three years, who shall give bond to the state of Ohio, with sufficient sureties, to be approved by the court, in the penal sum of five thousand dollars, conditioned for the faithful discharge of all and singular the duties of his office, and shall take and subscribe an oath endorsed on said bond, that he will perform such duties with correctness, impartiality and fidelity, to the best of his ability. Said bond shall be filed and kept in the office of the secre tary of state; and suit may be had thereon for any breach of its conditions, in the name of the state of Ohio, on the relation of any citizen thereof, or of the attorney general: Provided, the court may, in its discretion, designate and appoint as such reporter the clerk of said court or the attorney general. SEC. 2. That said reporter shall, when required by the court, attend its sessions and consultations, and under its direction report and prepare for publication its decisions, and such other decisions as it may designate. SEC. 3. That said court shall cause to be reported with as much brevity as practicable, each of its decisions, whether made in disposing of a motion or otherwise, that determines any theretofore unsettled, or new and important, or modifies any therefore settled question of law in this state, or that gives construction to a statute of ambiguous or doubtful import, together with such other of its decisions as may be deemed of public interest and importance. SEC. 4. That it shall be the duty of said reporter, immediately after the decision of any case to be reported, to prepare for publication a report thereof, under the direction and supervision of the court, and in general conformity with the plan hitherto adopted and pursued, and deliver the same, in manuscript, to the supervisor of public printing or other officer having charge of the state's printing, and take his receipt therefor, which receipt shall be filed in the clerk's office, with the other papers in the case: Provided, that no arguments of counsel shall be published with said report, other than a brief of the points made, and authorities cited, and relied upon by such counsel, unless especially ordered by the court. SEC. 5. That whenever said supervisor or other officer as aforesaid, shall receive sufficient manuscript reports as aforesaid to make a form of sixteen pages of printed matter of the size and kind herein required, he shall deliver the same to the printer having the contract for the printing thereof, who shall forthwith cause the same to be set up in a form as aforesaid, and after such form shall be duly corrected and approved by such supervisor or other officer and said reporter, shall print thereof three thousand copies of such reports, which said copies shall be delivered to said supervisor or other officer. Said manuscript shall likewise be returned to said supervisor or other officer, to be by him kept, subject to the order of said reporter. SEC. 6. That on receiving said copies, said supervisor or other officer shall deliver to the secretary of state a sufficient |