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86
THE PERRYSBURG JOURNAL.
[72] AN ACT
To prohibit the circulation of Foreign Bank
.Bills, of a less denomination than ten
dollars. .
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That from and
after the first day of October, in the hear of
our Lord one thousand eight hundred and
fifty-four, it shall be unlawful for any person
or persons, firm, or body corporate, to pass,
transfer, or circulate, either directly or indi
rectly, or offer to pass, transfer or circulate,
or cause to be passed, transferred, or circu
lated, or to receive, or cause to be received,
any bank bill, or note, of a less denomina
tion than ten dollars, unless said bank bill
or note shall have been issued by and made
payable at one of the banks of this state, in
accordance with the laws of this state ; Pro
vided, however, that, the mere transfer or re
ceiving of such unlawful paper bonafide for
the purpose of tending the same directly ovX
of this state for redemption, shall not be
deemed a violation of the provisions of this
act. . .
Sec. 2. That all bank bills of a less de
nomination than ten dollars unless issued
by and made payable at one of the banks of
this state, in accordance with the laws of
this state, shall not directly or indirectly be
paid out or received in payment of any tax,
debt, judgment, decree, fine, or amercement,
or other demand whatever ; and,all such un
lawful paper shall be held in this state to be
"worthless, and all contracts in relation there
to null and void ; and any disbursements or
payments, or exchange for other property of
value, made or attempted to be made there
with, of no effect whatever.
Sec. 3. That any bank or bankers, broker
or brokers, or body corporate, or public offi
cer or officers, knowingly violating any of
the provisions of this act, shall forfeit and
pay for every such violation, the sum of one
hundred dollars, and any other person or
persons the sum of ten dollars, to be recov
ered in a civil action in the name of the
state of Ohio, upon complaint in writing,
on oath, in the same manner that debts of a
like amount are by law recoverable, and un
der the same limitations and provisions, one
half of which shall go to the person com
plaining, and the other half to the treasurer
of the township in which the offence was
committed, and for the use of common
schools in said township; and the person so
complaining shall not, after the filing of such
complaint, be liable to a forfeiture in the same
case, although a party to the same offence. .
Sec. 4. The following shall be the form of
the complaint in suits for forfeitures under
the provisions of this act, so far as the same
may be applicable, but may be varied to suit
the nature of the particular case, namely:
State of Ohio, county, ss. Before me,
A. B., one of the justices of the peace for
said county, personally came C. D., who,
being duly sworn,' deposeth and saith, that
on or about the day of , in the year
, in the township ot -
of , aforesaid, E. F..
, at the county
(if a bank, body
corporate, broker, or public officer, describe
them accordingly,) did knowingly pass, (or
transfer, or cause to be passed or transferred,
&c, as the case may be,) to one G. H., a
certain bank bill, (or note,) of the denomina
tion of dollars, not issued by and made
payable at any one of the banks of the state
of Ohio, in accordance with the existing laws
of said state, and this deponent verily be
lieves the foregoing complaint to be true, and
further Eaith not. (Signed) C. D. Sworn
to and subscribed before me, at the township
and county aforesaid, this day of .
A. B., Justice of the Peace. Upon such
complaint being filed, the justice shall issue
a summons thereon, (or capias, or other civ
il process, upon the proper affidavit being
made, as the case may be,) stating briefly
therein, the substance of such complaint,
and make such writ returnable, as in other
cases.
Sec. 5. That the members of every firm,
and the stockholders of every incorporated
company, and every bank or banker, broker,
public officer, or other person, shall, in addi
tion to the forfeiture specified in the third
section of this act, be individually liable for
the redemption in gold or silver coin, of
all such unlawful paper put in circulation,
paid out or transferred by them or such firm,
incorporated company, or bank, of which
they are members or stockholders; and eve
ry bank or other incorporated company, who
shall knowingly violate any of the provisions
of this act, shall thereby forfeit its charter
and corporate privileges; and all notes, and
other securities or obligations, discounted in
whole or in part by any bank, "banker, or
bankers, broker or brokers, with, or by pay
ing out the unlawful paper, the circulation
of which is by this act prohibited, shall be
void, and no action shall be maintained to
enforce the collection thereof.
Sec. 6. That all laws and parts of laws
inconsistent with the provisions of this act,
be and the same are hereby repealed.
F. C. LEBLOND,
Speaker the House of Representatives.
ROBERT LEE,
President of the Senate, Pro tem.
May 1st, 1854.
[74] AN ACT
To regulate the fees of Sheriffs and Apprais
ers, in certain cases.
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That in all ca
ses now pending, or hereafter commenced,
under chapter three, of title eight, of the act
entitled "an act to establish a code of civil
procedure,'' passed March 11, 1S53, the sher
iff shall be allowed, for each person and par
cel of land served with a copy of an order
of attachment, the same fees as are now al
lowed by law for levying each execution.
Sec. 2. That in all such cases, the free
holders required to be called by the sheriff,
to appraise property, shall be allowed such
fees for their services as the court may direct.
F. C. LEBLOND,
Speaker the House of Representatives.
ROBERT LEE,
President of the Senate, Pro tem.
May 1st, 1854.
[82] AN ACT
Authorizing the Trustees of Townships to
to establish Water-courses., and locate
Ditches, in certain cases. j
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That the trus
tees of townships shall have power, upon
application of the parties, to enter upon any
lands in their township, to view any water
course or proposed ditch, for the purpose of
draining the lands held and owned by one or
more persons ; and incase the patties inter
ested shall be unable to agree where said
water-course shall be. located ancTopened, or
unable to agree as to the apportionment of
the labor, cost and expense that each person
interested shall bear, said trustees shall cause
said Tvater-course or ditch to be located, and
surveyed, if necessary, and shall set apart to
each person interested in said water-course
or ditch, such portion of the same, to be by
him opened, as shall, by said trustees, be
deemed just and right, according to the ben
efits to be derived by opening of said water
course or ditch.
Sec. 2. That when any person shall make
application to the trustees as prescribed in
the foregoing section, such person shall give
notice, in writing, to all other persons inter
ested in the proposed ditch or water-course,
which notice shall be served personally upon
said parties, or by copy left at the residence
of any such party, at least three days before
the day appointed for said trustees to meet
for the purpose of making such examination;
and a copy of said notice, together with
proof of service thereof, shall be taken by
said trustees as evidence that tha same has
been regularly served ; and if any of the
parties aforesaid reside without the State or
county, it shall be lawful to give notice by
publication in some newspaper of general
circulation in the county, as required in like
cases at law ; and said trustees shall have
power to administer oaths in verification of
the service of notices.
Sec. 3. The trustees, in locating and es-j
tablishing said water-course or ditch, and!
apportioning the labor thereof, shall cause a
measurement to be made of such portion as
they shall award to each person, and cause
a stake or monument to be placed at each
boundary line, for the benefit of those inter
ested, and shall officially certify to the same;
which certificate shall be filed by them with
the clerk of the proper township, within
fifteen days after said location shall have
been made, which said clerk shall record
the same in the township record.
' Sec. 4. The trustees, after having made
up their award and apportionment, shall,
within a reasonable time, cause a written
notice to be served upon each person inter
ested, setting forth the amount of labor and
expense to be by hiin or her performed and
sustained, and shall cause the said labor to be
performed within a reasonable time, which
time shall be specified in their said certifi
cate, and cause said ditch or water-course
to be kept open by those interested in tha
same, according to the award of the trustees
or commissioners.
Sec. 5. That in all cases where applica
tion is made to the trustees for locating a
ditch or water-course, they shall meet with
in ten days after having been duly notified
of the same, for the purpose of making such
examination and location; and the trustees
or commission of review shall have power,
when they shall diem it necessary, to take
to their assistance a competent person,
whose duty it shall be. to act us clerk, and
allow him a reasonable compensation for
his services to le taxed in the cost bill.
Sec. G. If any of the persons interested
in the proposed water-course oi ditch, shall
fail to procure the cutting of said ditch, or
the opening of said water-course, on that
section of the same assigned by the raid
trustees to such ncrson, at the time, and in
the manner designated by the said trustees,
said trustees shall cause tiie same to b?. done
either by public or private contract, on such
reasonable terms as they are able to procure,
and give to the person having performed the
labor as aforesaid, a certificate of t'he amount
and value of the labor so by hi in performed,
or caused to be performed ; and the person
holding such certificate shall be authorized,
after demand and refusal to pa, to sue for
and recover before any court ol competent
jurisdiction, the amount of said certificate,
from the person to whom the opening of
said ditch or water-course was assigned by
the said trustees, together with the, cost of
suit, and the cost claimed by the trustees
for the performance of their duties, enjoined
upon them by this act ; and when execution
shall have been issued upon any judgment
recovered as aforesaid, and the same shall be
returned ui: satisfied, in whole or in part, it
shall lie the duty of the court before whom
such judgment was rendered, to cause the
same to be certified, vith the cost, and all
proceedings in the case, to the auditor of
the proper county, who snail enter the same
upon the. tax duplicate of said county,
against the tract or lot of land benefitted by
the cutting or opening of said ditch or water-course
; and the amount so entered, to
gether with the legal interest, shall be col
lected by the treasurer.tliesameas other taxes;
and when collected shall he paid over to
the person or persons interested in the said
judgment; Provided, that if any of the per
sons interested in the proposed water-course
or ditch, reside out of the State or county,
shall fail to pay to the person holding such
certificate, lor thirty days alter the labor
shall have, been performed, .the person hold
ing the same may file it with the auditor of
the proper county, who .shall levy the same
upon the tax duplicate, and the same shall
be proceeded with, without suit, in all re
spects as required in tins section ; Provided,
further, that it shall not be necessary to give
any person who is not a resident of the coun
ty or state, a written notice of trie amount
of ta'-ior and expense due from him, as pro
vided for in the third section of this act.
Sec. 7. No county auditor shall be un
der obligation to enter the amount men
tioned in the preceding section, unless the
same shall be. accompanied by a full and par
ticular description of the lot or part of lot
subject to the amount claimed as afore
said. Sec. 8. In all case3 when any proposed
ditch or water-course shall be in more than
one township, application shall be made to
the trustees of each of said townships, and
in such case a major! !y of the trustees of
such townships shall be. competent to locate
and establish the ditch or water course, as
aforesaid ; Provided, always, that no trustee
shall serve in any case wherein he is person
ally interested. Any two trustees may form
a quorum for the transaction of business
but should said townships, be without a quo
rum, it shall be lawful for the trustees in any
adjoining township, to perform like duties
with like powers, as resident trustees of anv
such township.
Sec. 9. Any person who ehall suffer any
damage by cutting any ditch or water
course, or throwing up any embankment, or
changing any water-course, shall bo paid by
those interested in the same, a reasonable
compensation in money, to be determined
according to the provisions of this act, with
in thirty days after such damage shall have
beeen ascertained.
Sec. 10. When any person shall feci ag
grieved by the location of any such ditch or
water-course, or the award and apportion
ment of such labor and expense, by the
township trustees, he or shu- may, within
ten days next ensuing, give notice in writ
ing to all other persons interested in the.
same, of his intention to appeal from the
decision of the trustees as aforesaid, to the
probate judge of the proper county, and shall
within fifteen days thereafter, nmko appli
cation to said judge of probate, setting forth
his or her grievances, ami praying him' to ap
point a commission to review the same.
Sec. 11. That b.d'ore any such applica
tion shall be heard by tho said judg- of pro
bate, the persons making thisame shall enter
into bonds with two or more sufficient sure
ties, in th-' penal sum of one hundred dol
lars, conditioned for the payment of all
costs that may accrue; in consequence of
such application for a commission of re
view. Sec. 12. That when such application
shall be made in accordance with tin:
provisions of the two preceding sections,
the probate judge shall appoint a com
mission of three disinterested freeholders
of said county, not residents of the town
ship or townships in which such pro
posed ditch or water-course shall be lo
cated, who shall, within daws thereafter
examine and review said proposed ditch or
water-course, and th land adjacent thereto,
and forthwith make a report of their pro
ceedings, to said probate judge.
Sec. 13. If it shall appear.roin the re
port of th commission of review, that
said ditch or water course was properly lo
cated, ami equally awarded in labor find ex
pense by said township trustees, the said
ditch or water-course shall h cut or open.i
in said location, and if from the r-port of
said commission it shall appear that the.
said proposed ditch or water-course was
improperly located, or improperly awarded
or apportioned, either as to labor.'expense or
damage, the same shall 1k Hmnre,! nn, l...
cated in such manner ns shall to the. said
commission w. deemed just.
Sec. It. If th'i appellant shall fiil to
change the location of said proposed ditch
or water-course, or of tin aforesaid award,
labor or expense, wherein he may be intir'
ested, he shall be adiudned to nav the rnt
jof the commission of review, and the cost
I of court; but if the appellant sicceed in
jeffecting the change as aforesaid, the probate
Ijudgo shall make such disposition of iha
cost as to him shall be deemed just.
Sec. 15. In case there shall be any unset
tled business or contract in the hands of any
trustees or commissioners, authorized In the.
laws of this State, for the
j wherein the labor shall have been partly per
I formed, and the costs and expenses not full v
I settled, "raid trustees or commissioners slr.tll
transfer the same, together with all moncv.';
thereto belonging and in their hands, to the
trustee or trustees of the proper township?,
within sixty days from the passage of ihiss
act; and the trustees shall take such action
thereon, as they are authorized to take in
other cases.
Sec. 16. Trustees or commissioners fail
ing or neglecting to perform any of the du
ties imposed upon them by the provisions of
this act, shall forfeit and pay a fine of five
dollars, for every such neglect, to b.1. recov
ered before any officer, having competent
jurisdiction, for the benefit "of common
schools in such township, at the suit of any
person feeling aggrieved thereby.
Sec. 17. The trustees and commissioners
of review shall receive as a compensation
for their services under this act, one dollar
