Eaton Democrat. [volume], May 08, 1856, Image 1

About Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856

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--".'v : ' JOB WOBK i
it?Mu
LAWS OF OHIO!
PUBLISHED BY AUTHORITY.
(No.i04.Jv AN ACT, , . .
To authorize the Incorporation of Joint Stock
Insurance Companies, i :
- Section 1- Bt it enacted If the General At
ambit aftktSlaleef Okie, Trill when any
number of persons, tt required Ij Ihe first
section of the act milled, "an act to provide
for the creation ami regulation of incnrpr-raied
compantu in Ibe Stale cfOlii ," passed May
firai,one thousead eight hundred and fifty-two
aaociate to for Joint atock insurance com
renr. they hall under their banda and eeal.
( auch company, and br which it shall be
Ik .ewa.tfae abject for which aaid company shall
be formed, the amount of iiscapital slock, and
(be place where the principal office of aaid
company ehell be located, which certificate
hall be cknowledged.certiried and forwarded
to the eecretary ol (tale, and elmll be recorded
and eopied ia the same manner as la provided
in the seflondeeclion of aaid act; and said per
aoua, when 0 incorporated, are hereby aaihor-
immA ffl 0alMf A Ikj Kl.ain.... rt inaniMna mm
named in auch certificate of incorporation. and
liy the name and style provided therein shall
ha eeemed a body eoroorala. with auccesaiont
tliejr and their associates, aucceisors and aa-
iiiar IA lia0 th. Ikimi a.n.ral ffrnnrnl nn.
era. and ve en-bicci to all the obligations and
restrictions of said act, and of the acta amend-
ai ry and repflemeutary thereto, eicept as
herein provided. -. ,-j'
, Section, 2. The cnpilalalock of any com
pany orgaaited under this act, shall be such
sum, not less thin onr hundred thousand dol
lars, nr more than three hundred thousand
dollars.es may be specified in tl.e certificate of
iocoiporaiiun, which atock shall he divided in
to shares o twenty do Mara eocb.
' B.wma. 9 Thai ivh.n.... ....
organised under thia act, with lesa than the
. maximum capital limited iii section two, shall
iir the opinion of the directors thereof, require
an increased amoualof cspit.l, they shall, if
authorized by the holders of a majority of the
stock, file with the secretary of state, a certifi
cate selling forth the amount of such desired
increase, rot exceeding such . maximum, and
- thereafter auck company shall be entitled to
Lava the increased amount ol capital fixed by
aid eeiliflcate. -; - "'.".,'
.Section. At the time of subscribing for
I lock in any company organized under this act
the person eosubsotibing shell pay the sum of
four doilars in money on each shire subscribed
ml the balance on each abare shall be subject
to the call of the directors, secured to their ap
proval -y endorsed nole payable on dammit,
or by other property or stocks, and if at any
time the directorsshall deem sny such securiry
iiuuBietent.it shall be their duly to require ad
ditional security) and any stockholder, wheth
er holdinf by subscription, or by assignment
and transfer, foiling to pay any portion of his
stock at the time and in the manrer prescribed
by I he directors, or neglecting or refusing to
give sueb additional security e m ay fee .requir
ed of bim by the directors, it shall be their
duly to eellsuehdelinquient stock at auction, for
cash, to the highest bidder, first giving ten
days notice the time and place ol sale, by
advertisement, in aome newspaper printed in
the eooniy in which the principal office of the
company shall be located. The proceeds sho 1 1
be applied in fiy-caenl of the amount delin-
' queutkod the expense of selling the stock
the stockholder remaining liable to Hie compa
ny for any deficiency, and being entitled to
' any excess, as the result may be.
Section 6. The parsons named in Ihe eer
tificaieof incorporation, oi majority of them
ball be commissioners' to open books for the
auoscription of slock into the company.at such
inies and- places they shall ueern conven
ient and proper) and so ion as one thousand
Shares shall be subscribed, and shall be paid
orsecuied, at required in the fouith seotion
of this act, the company shall be compe
tent to transact the business for wfcich, ac
cording to its certificate of organization, it is
established.' ,
Ssctiom 6. The aflairs of any company or
ganised under this set, shall be managed by
not more than nine.nor le.'a thin five directors
II of wlioinw.sil be stockholders,. Within
one month after thousand shares of slock
shsll have been subscribed, a majority of the
atockbolders shsll h Id a meeting for the elec
tion of directors, ejeh share of stock entitle
' ing the bolder (hereof to one vote; and the di
rectors then elected , shall continue in office
until It.a first MdflilMV .in Jnnnarv llirAiifljr
nd until- others sttoil have been choosen lo
succeed them in tfao trust, and shall chsiice
accepted the same. -. - -.. ...
. StCTWH 7. The annual mteling for'tbe elec
tion of directors, shall be holden on the first
Monday in January;' provided howtver, that
if for any cause the stock holilore aha II fall to
elect directors at any annual meeiing.they may
Jiold special meeting oh aome subsequent
day, for the purpose, by giving notice thereof
liiiny days iu some newspaper io general cir
culation in th county where the (.rincipal of
fice of the company shall be kepi; and the
directors cKomo at any auob annual or alated
meeting shatl continue in office until the next
annual meeting, and . until their successors,
duly elected, shall h va nccepledi
SrcriOM 8. The directors shall choose by
. ballot, a piesident from their own mimber,and
ball (ill ell vacancies that may a rite in the
board or in the presidency thereof; and the
tjoard of directors, thus constituted, or is major
ity of them,, when convened at the office ol the
company, shall be competent to exercise all
Ihe powers vested in them bj thia aot. '
Scckon fl.- it shall be lawful for any com
pany organized under thia act, io insure hous
es, biiildincs, and all other kind of property,
against loas or damage by fire, in nd out of
the Slate; to make an kinds of insurance on
good, merchandise, or other property in the
course- of transportation, whether on land or
wster, or on any vessel oi boal, wherever tne
same may be;' to lend money por boiiomry
cr re pondentia; and to eause itself to be in
tured agninat any km or rick it may have in
curred in the course of Its buviness.aud against
ny maritime Or other risks upon the interest
which H may have upon any vessel, bhai.goods
any loan or loans which it may have made on
mortgager bottomry, or respondentia, ind gen
erally U do and perform all other matter and
things proper lo promote these objects,
' Section 10. It shall b Iswlul for such
company 10 loan or invert sny part of it eap-1
rial slock, money, or . luntis, ut such way as
the directors shall deem best tat tha safety
nd interest of Ihe stockholders; aud th sell,
transfer and dispose of any interest which Die
company may have acquired by any such loan
I investment.,. " ' ' '. ',!,,. .. '".
. . ... i
. otcTiO u. .. ine airectors snau uectare
such diviilends of the proBU of'the business
of the company aa may be paid without impair,
ioglor io soy wise dirpioiahing the capital stock;
. . . : ' ' ..'.'....-.'.
BY L. Q.OULD. ' Fearles and Free," tl,Mptr Annum InAdTance.
.."V-- , ' - '-'
"''''.'..!'".-- . , , . - ,.
1850 . VoI.12.No.46.
the dividena to be made half yearly, on the
flrst Mondaya of July and December, payable
to the atock hrldera len daya thereafter; but
no uivmena ala'l tie paid to- any stockholder
nose stock is delinquent.
Section 12. Transfers of stock may be nude
by any ahareholder. or his less! representative
subject to such reftric'ions as the director;
shall from time to lime, make and establish in
their by-laws, -.
ErcTton 13. All policies or conlrscts of In
surance made or entered in lo by (he eompsny.
may oe maue euner unneror wnnnut the aeal
(hereof; l hey ahall be snbscribn' by ihe pres
ident, or such other officer ss mry be designs
ted by the directors for Hist purpose,! nd shall
be attested by the secretary; and beine so sub
scribed and attested, Ihty ahsll be obligatory
on trie company.
Section It. The directors of any such com
pony shall hive power to appoint secretary,
and any other officers and antnls necessary for
transacting the business or the company, pay
ing auch salaries and taking such securiiy as
they may judge reasonable, they may ordain
and esiabhsii by-laws and regulations not in
consistent with this act orwiih the constitution
aa laws of thisSlste end the United Stales,
asehaii rrnnear to them necessary for reiula
ting and cour'ucUinr; the business of the com
pany; and it slrsH be their duty to keep full
and correct eniries of Ihcir Iranaaclions, which
shall at all times be open to Hie inspection of
.ue iiocitnniiiers.
Section 15.. This act, shall lake effect and
be in lurce from and after its
N. H. VAN VORHES,
Speaker the House of Representatives.
LESTER TAYLOR,
Presdient of the Senate, pro tem.,
April 11, 1856.
(No. 94.1 ANACT.
To amend Ihe act entitled "an act for opening
and regulating Koada and Highways, "passed
, January n, 1803.
, Section 1. Be it tnaeted by Ihe General At
trmbly of Ihe State of Ohio, That no order of
the county commissioner for the eslabhshmt nt
of a county road, or lot the alteration or vaca
lion, in whole or in part, of a state or county
roiuUf nan be executed until twenty days shsll
kaVaallapied after the entry of such order in
ti e record of the commissioners.
Section 1. That sn appeal from Ihe Una!
order of Ihe county Commissioners establishing
county road, or altering or vacating, in whole
or in part, a atale or county road, may betaken
to the probate court of the same county by any
person or persons, having an estate in fee, for
life, or years, in any landi or tenements situate
in any township in said oouniy, in or through
which township such new, altered or vacated
road passes, or by the hubsnd of any married
woman, or guardian, of any ward, having such
an esiste.
Section 3. That In order to perfect such sn
appeal, it shall be necesarry for the appellant
or appellant, to execute with tuflicieul Sub
tler, or cause to be executed i y sufficient sure
ties, to be approved bv the county auditor, a
bond or undertaking,' payable to ihe state of
Uhio, in a penal sum of njt less than one hun
dred nor more than three hundred dollars, in
the discretion of so id auditor, conditioned for
Ihe payment b) such appellant, or appellants,
of all costs ihst miy be odjudged against him,
or them, in the probnie court, or in any other
court to which the proceeding may be removed
by petition in error, which bond ahall be filed
with said auditor on or before the twentieth
day after the entry of the order appealed from
in tne record ol the commissioners, nut mi
nors, idioixor lunatics, or their guardians re
spectively,' may appeal without giving bond,
by causing an entry to that effect to be made,
wiihiu the period aforesaid, by the county aud
itor in the record of the commissioners.
Section 4. Within tendavsafur tbe filing
of an appeal bond as aforesaid, or the making
of an . entry for an appeal aa aforesaid, ihe
eounty auditor shall transmit to the probate
court, the original papera in the oiemises snd
also a certified transciip', from the record of
ine commissioners, or all proceedings and or
dtra had or made by or before (hem, therein:
upon the receipt of which the probate julge
shall forthwith ducket lite proceedings, styling
the peiiLiMters, plaintiffs; and the appellant,
or appellants, defendant or defendants;' and
shall set a day Icr the hearing th.reof. which
shall not be later than the twentieth day after
ucn -toweling or the afipeal.
Section If span the hearing of said mat
ter it ahall appear that the proceedings previ
ous io the appeal, were iu ,m balance reaular
and legal, and if nociception be taken by any
claimani of damages to ihe assessment return
ed to and approved by the county cominisjion
era, it ahall be the dm of the Probata Ourt
io Buirm.inc order of the commissioners, and
lo enter, a judgement aguinst (he appellant, or
Pronoun, io an oosu created oy me appeal.
But if said previous -proceeding shall be
found lo ba aubsianiially erroneoua, the court
ahall set them aside, and order another view
of three disinterested freeholders of the county
to be sppoiuled by the Court who shall per
form Ihe same dutie that are required by the
acl aforeaaid of viewera appointed by county
commissioners,' eicept thai Ihey shall make
their return lo Ihe probate court.
The crder to said viewera ahall specify
place wbere.and a day upon which or within
two days, Sundays excepted, thereafter ihey
shsll meet to Commence (he performance of
their uu lies, and shall require them to make
their report en or before day therein speci
fied, which, shall uot be later than the twenti
eth day after iho eutry of the. order iu said
court. ',; - 1 i '.- ! '
' The court shall also tppoii la surveyor to at
tend such viewers and perform the duties re
quired by the act aforesaid of auiveyors, who
shall have power lo take to bis assistance two
chainmen and a marker, all of whom shall be
disinlere led snd he shall deliver report ami
plat of his survey to one of said viewers in time
io be returned with ifceir report; and it ahull be
so returned. ,. ' -:--
6ection ti, ' If the proceedings ind report of
tbe viewers ud survejor, or ol the reviewer
hereinafter mentioned; shall be substantially
legal, and shall also substantially coincide
with Ihe order of the commisaionera appealed
from, tte court ahall confirm suoli proceedings
nd report, and shall render judgement
gainst the appellant, or appellants, lor the
coals created by Hie appeal. . :-'., -'-
Or, if (he lepurt of said viewers shall bs ta-.
vorable to (bo petitioners, butshall materially
ory (rum ibe order annealed Irom, Uie court
(hall, nevertheless, coufirm the lme, If Ihe
awe be witi the scope of ibe peltuun and
eaueianueMy tegar; and the court miy, Inaucli
case, require alt the coi created by the ap
peal to be pJ br 11m appellants, or by tbe
petitioners, or puttioa ol Ihem Dy the one
parry ami ibe residue by the other, as may be
equitable, and shall -render judgement, or
judgements, accordingly.. - ! ... y
Suction 7. If the-report of the 'viewers,'
appointed by said court, shall be adverse lo
establishing, altering of vacating the road,
Ihe eoort shrill, upon the motion of Hie peti
J tinners, or any Iwehre ef Ihem, bill not other
wise, oruer a review oy nve tiisin'ercsteii free
holders of the county, to be appointed by the
court, lo whom an order, similar lo that herein
before prescribed in respect to viewers, shall
eaiseneu; and auch reviewers shall examirw
Ihe proposed new road, or alteration, or road,
or part l hereof proposed lor be vacated, as de
fined or referred to in the order appealed from,
and report in writing te the conn their opin
ions or ayainst the same, wilh their reasons.
If llrfn report shall he sue aa is mentioned
in Ibe first clause of the preceeding sec; ion,
the court shall proceed as diiec'.ed in si id
enure.
But if it he adverse to inch new mad, alter
ation or vacation, no further proceedings shall
te hid in the premises, rxcent lo render a
rndgemenl against the petitioners for all costs
ini shnti have accrued from Ihe commence
men! of the proceedings le fore the commission
era; which judgement shall be rendered by
said court.
SIctiom 8. Whenever any viewer, reviewer
ot surveyor, appointed by suid court, ahall be
unable, or wit, to attend lo the cuty required
of him, the court may substitute another in his
stead.
StcrioN 8. Evtry viewer, reviewer, survey
or, cliBiiiniuii or marker, appointed or releded
under the pro visions of this act, shall, btfoie
enie'ing upon bis duties, lake an oath, oiaflir
mo'.ion, fa it I. Iu 1 1 y and impartially lo discharge
the dutiea uf Ins appniuinieiit; which calb or
affirmation may be odininisu-ted by any person
authorized by the acl aforesaid to administer
an oath, or offinnaliun, or by any other com
peteiil authority.
- SiCTirx 10. Hint every claimant of damn
gtt on account of the estnuli.-hirieut or altera
tion of county or township road, or the al
teration of State rosd, may appeal lo the
probate court, from the final decision or ihe
county commissioners, or township trustees,
confirming lie assessment of damages made
by '-he viewers iu his behalf, or Ihe refusal of
the viewers to award damages to Inm; which
appeal ahall be perfected and dockeied in the
mode Lereinbelora prescribed iu sectiou four,
except lliut the appellant shall be the plainliil'
snd Ibe obligors in the bond men loued in the
second or i hniy first section of the acl store
said, as tbe case may be, ahall be the defend
nt.
Several clrimants may unite il a joint ap
peal, although their claims be distinct, oitfaey
may severally appear. .
Upon such an appeal, whether joint or sev
eral, the probate court ahall confine itself to
the question, or questions, of damages presen
ted by ii; and ahull forthwith, after the dock
eting thereof, issue a vmirefor twelve or more
disinterested persons of th; county, having the
qualifications ol jurors in other cases, to ap
pear in said court on a day and at an Innr
named in the venire which shall not be lteT
than the twentieth day Irom its date to serve
as jurors upon the trial of said claim or claims;
and shall also issue summons, or notice, to
ail such appellants, wtwtha-r joint or several,
and to the obligors aforesaid, io attend at the
same lime and place; which summons or nulice
uhall be served by delivering to each person
named therein a copy (hereof, or by leaving
auch copy at his usual place of abode. If any
of the psriiea are non-resil6nis ol ihe coinny,
but have an agent or attorney therein, service
on auch agent or attorney in manner aforesaid,
shall be sufficient, cr a summons or notice
may be sent to another county for service upon
any part) residing, or being, therein. If an
appellant is uuii resident s aforesaid, it
shall lie his duty, when he perfecis his sppe.it,
lo leave with the probate judge ihe name ofan
agent or attorney in Hie county, upon whom
service may be made ns aforesaid, and if he
fuil lo do so, no service upon bim shall be
necessary. Service upon a guardiau thall be
sufficient seiv ice upon his ward.
Section 11. If any of said jurors fail !ot
tend, or (hall for good cause be excused from
serving, or shall be set aside, on account of a
challenge, the panel shall be filled with talis
men at in other cares. Each parly shall be
entitled tolwo peremptory challenges,and may
make any number of challenges for cause.. In
respect to challenges, the appellant, or appel
lants, whose claims sreon trial, shall be con
sidered as one party, and the obligors as the
other.
The jtirv slinll consist of twelve men; end
shsll be sworn in all the causes, whether the
appeals were joint or several, si ihessmo time,
unless fur good cause shown the court shall
other ise direct. The jury shall then, uniler
ihe tare of an officer o the court anil with
such person or persons as Ihe court may ap
point lo show thorn I lie premises, and before
sny testimony shall be given except the plat
and field notes of the rord, and the tills papers.
if produced, orthe claimants, which ihey shall
take with Ihem, proceed lo examine the road
as established or altered, aari the proptrl of
the several claimants taken theretor, or alleged
to be injured ihertby; and after making such
examination shall return lo Ihe probate court
al the time the court ahall have appointed;
whereupon the trial of said claims, in the order
the cuuri ahull direct, or any number or all of
them at Ihe some lime if the parliej so asreo.
shall tie proceeded with in the same manner as
in other jury inals iu ssid court. The luiy
shall miller a seporole Verdict upon each
claim, w l.kh sha I be entered upon Die record
of the court, and a new trial ahall not be gran-
led txcept lor misconduct ef the jury; nor
shall an appeal, except by pitiiion in error, as
hereiiuiter piovided, betaken (o any other
couit- 1
Section 12. When nn assessment of dama
ges sha II hive been nude, or refused, by view
er of comity or township rond, or slternion
of State, county, r,r township road, appointed
by tbe probate cqurt, any claimant may, before
the confirmation of Ihe viewers' repor', file ex
ceptions to their decision up-ii hi claim.
whether itwa leieclvd altogether, r whether
damages were awarded lo bim; whereupon
auch proceedings lmlt be had for trial by
Jury, of his Claim, and ol any others thus pre
sented, aa are provided in ihe preceding sec
lion; and ihe provisions uf said aectiona shall,
In all respects, apply to the some.
Scctm 13. .If, by ihe final decision in Ihe
probate court, any claimant of La-mages shall
t obtain a greater sum than was -'.anted lo
linn by Ihe order uf the commissioners or town
ship trustees from which he appealed, he shall
pay all costs created by his sppeal.so far'asjlie
eourt may ascertain the iime, snd judgement
shall be rendered against him for the same.
In all cases not hereinbefore specially pro
vided for, the court shall give such judgement,
or judgements, iu respect in the costs, as may
beequitalile. ?t ..'''" '
'Ntcrios M. All judgment la hereinbefore
provided fur, shall lie rendered in favor of ihe
State, and may he enforced by execution feued
by laid probate conn, of its own motion,' or at
lh mat a nee of any person entitled 1o any part j
llllirui; auu m iiiuiioy, lien GOIICBieU, SUM
ba paid t ihe rraoni respectively , entitled
thereto.
Sr.cTinN 15. ; The probate Judge srlir H ainke
s record ol all proceedings hi.n in the prnhale
coun under me provisions or lint act, inclu
ding the leport and plats of viewers, review
ers. snd surveyors, and forthwith afier (In
termination of proceedings upon an appeal,
shall iranomil la the county amlil-ir, il ;he ap
peal was from the county connnissiorers, or u
Ihe township clerk, if it was from towushin
trustees, all original papers received from him,
and slsoa I ran.tr tipt, from Ihe record aforesaid,
of Ihe proceedings upon such appeal.
Section 16. If it ahall appear by the trail
acriptao transmitted to the county auditor,
that Ihe coun has approved the establishing,
aUerating, or vacating a road as menlionej in
il.e fifth or aixth section of this acl, and that
Ihe dainagea, if ases.ed in or under the orders
of said court, do not, in the aggregate, exceed
the amount asaeised, approved, and ordered
to be paid out t Ihe county treasury, before
the appeal, the auditor ahall forthwith record,
in ihe proper book Il.e final decision of raid
court in the premise, with all reports, plats,
field noles, or oilier matters appearing in said
township necessary lo right uiultrslsndiiig
ol the same, and note in said book ihe dale oi
such recording, and thenceforth ihe said road
shall be established, vacated, or altered, as the
case may be; and he shall issue the necessary
orders for tbe payment of the dsmnges.
Hut il Ihe damages so assessed exceed, iu
the aggregate, Ihe amount ordered to be paid
out of tur county treasury as aforesaid, the
auditor shall lay said paper and transcript be
fore the coiwily commissioners at their next
session, who msy thercu an establish such
road or alteration, and order the damnges lobe
paid out of the county treasury, or refuse to
establish the same unless Ihe damages, or such
portion as 'hey ahall require, be paid, within
such tune as they shall designate by ibe peti
tinners.
Section 17. If the appeal from the county
commisaionera was under the tenth section of
this sot, and the damages assessed in that court
in favor of a II tbe appeliau'.s, shall nollogether
wiih Ihe damages awarded to claimants who did
not appeal, exceed Die amount which the com
missionera had, belore ihe appeal, ordered lo
be paid out of the county treasury, the audi. o:
ahull issue the necessary orders for the pay
ment of all aaid damages; and the rosd, oral-
teration, shall be .considered as established
Irom the dote of the final order in Ihe probate
court. But if ibe assessments in ibe probate
C 'urt with the damage awarded to claimants
not appealing, shall exceed the amount so or
dered lo be psidoal of the county treasury by
ihe commissioners, the auditor shall lay tbe
papers snd transcript, received from the pro
bate judge, before the commissioners at their
next "essioti, and Ihey shall act upon the'same
ss in the esse mentioned in the preceeding
section; provided, however, lhat il shall be
lawful for the Commissioners, if, in their opin
ion, a part only of road will be of public util
ity, to record nd establish such usetul part
and reject the residue: provided such division
can be made without affecting the rigbta of
any person entitled lo damages
Section 18. The township clerk receiving
transcript from the probste judge as afore
said, snail lay it before the township trustees,
snd they shall make an order in confoimiiy
with the dveision of the probate judge,
Skcton19. All township roaus heretofore
or hereafter estshlished, are hereby declared to
be public highways; but nothing herein shall
be construed to require them to be established
or altered at the public expense, or :obs kept
in repair at the public expense, further than is
provided Ly the actio which this is an amend
ment.
Section 20. The final decision of Ihe pro
bate eourt made under the provisions of this
act, orthe act to which tbi nan amendment,
n.ay he reviewed, upn petition in error, by
tne court of common pleas ol ihe proper eoun
ty; but ahall not be reversed for any delfeci in
form if found to be substantially correct.
Upon reversal, the court of common pleas
shall have power to awards writ of proceden
do, when deemed necessary.
Section 21. Fur their xervices required by
is act, or the Ihe acl to which tins is an
amendment, the officers therein mentioned o
referred to, shall each lie entitled lo the ssme
fees ss they ore entitled toby law for like ser
vices in other cases. The person or persons
appointed to show premises to a jury as provi
ded in the eleventh section of this act, ahall
receive such oompenESiion, lo be taxed in the
cost bill, as the court shall direct.
Section 23. That section two of the art lo
which this ia amendatory, be so amended as to
read as follows! Sec. 2. That all applica
tions for laying out, altering or vacating any
county road, or for altering or vacating1 any
Slate road within the county, shall be bypeli-
ton lo the county commissioners, signed by at
least twelve free holders of Ihe county, resi
ding in the vicinity where said road ia to be
laid out, viewed, retiewed, altered or vacated,
and one or more of the signers to any pel tion
presented as aforesaid, ahull enter into bond
with sufficient security payable to the Stale of
Ohio fur the nse of Ihe county, conditioned
thai tbe person, or perrons making such appli
cation shall pay into the treasury of the county
Ihe amount of all costs and expenses accruing
theieon in case the prayef of said petitioners
shall not be granted, or when the pioceedings
had in pursuance thereof shall not be finally
confiinied and established, ond on neglect or
relusal of ihe persons so bound, after a liabil
ity shall have acorued, the auditor of the
county sha'l deliver such bond lo ihe prosecu
ting attorney, whese duty it shall be to col
led and pay over the same lo the county
treasurer; and in all canes of contest the oourt
having jurisdiclion of the esse ahsil have full
power lo render judgement for costs according
lo justice between the parlies. .
Sko. 23. Thst the third section' of Mid act
be and ia hereby so amended as to read as fol
lows: Sec. 3. That all petitions fv Isying
out, vacating or altering any coun' y road, or
altering or vacating any Slate road within ihe
county ahall specify the place of beginning
the iniermediaie points, il any, and the place
of termination of aaid road Ot part proposed to
be altered or vacated. ..
Seo. 24. The second, third, eighteenth,
twentieth, twenty-Ural, iweniy-secoud, twen
ty third, twenty fourth, twenty fifth and twen
ty sixth sections of the set which this is sn
amendment ore '
N. H. VAN VORHES,
Speaker the House of Representatives.
THOMAS H. FORD,
President of the Senate.
April 8, 1856.
' ; ANACT. "' '.;'"
Further to prescribe the Dulies of County
- ' . " Commissioners. -
Section 1. Be it enatted ba the General At
temblg ef the Stale af Ohio, That each com
missioner of county, before enuring upon
the discharge of bis duties, shall enter into
bond,' in such turn as shall be required by the
Judge or jt!ges of Ihe Court of common ple(
-
of the proper county, with two cr more gooJ
end sufficient suiilieato be approved of by
said judge or judges, conditioned for Ihe faith
fill discharge of his offie al duties, and for the
payment of any loss or damage that may hap
pen on atcrue lo Ibe county, in consequence
of the negleci or failure of the aaid commis
sioner faithfully to perform snd sweharge all
the duties required ef him by law.
frcrioN 2. That the couaty commissioners
of sny county, shsll not made, saffer.or cause
io be made, any purchase or contract for any
outlay or money for or on behalf of their corn
tr, the estimated value or rxpense of whieb
shall exceed one hundred do1lare,wilhoul first
causing twenty daya notice to e given In oae
or more newspapers of general circulation in
the county, that proposals will be received for
the performance of any lob or work, or tor fur
nibing any goods, wares, merchandize, or
materials for said county; and the said county
commissioners shsll make or cause to be made,
audi purchase or contract with the lowest re
sponsible bidder, upon auch person or persons
giving bond to the county, with security lo be
approved by the eounty commissioners, that
the work will be railhfully performed, and the
goods, wares, merchandise, or msteriels will
be honestly delivered according to contrsct;
snj in case of the failure on the part of such
person, wunin reasonable nine, as maybe
fixed by the commissioners, (o enter into bond
with the security oforesaid, then the same pur
chase or contract may De made with tpe next
lowest responsible bidder, upon the ssme con
riilions and the limitations, and soon until the
purchase or conlrsct is made wrh the person
or persons who will undertake the same, giving
bond and security Ihercfor, at the lowest price
snd in the best manner; Provided, that this
section (ball not be construed lo extend to Ihe
purchase of ny articles necessary to any of
the county ofucers, in the discharge of the du
ties of (heir oOiues,excepl stationary and print
ing; ondprovided fur.her.that the said I'ommis
siouers piay.neverlheless, bi s unanimous vole
ei'teretT upon the minutes of their proceedings
and slating the grounds thereof, dispense wiih
the operation of ihia aection in cases of urgent
necessity,wben Ihe estimated expenses or-out-Iny
doe not exceed five hundred dollars; Pro
vided fuil her, (bat all contracts or purchases
entered into.in contravention of the provisions
of this section, shall, as against lira county.be
utterly null and void
Section 3. That the county commissioners
shall not, hereafter make any purchases or en
ter inti any contract or engagement for the
erection ol any infirmary, eourt house, bridge,
culvert, r any other unblio buihiing or im
provement, by which a lirger aajHiunlefmoney
or expense is involved than five thousand dol
lara. without first submitting the question as
lo Ihe pulicy of such outlay or expense involv
ed therein, to the qualified votersof the county
either at the annual f It or spring election, by
giving public notice byiadverlisenieni in one or
more newspapers in general circulation in said
county, al least thirty days previous to said
election, snd by handbilU,to be posted up in
at least five public places in each township
and ward in said county, one of which hand-
bilit shall be posted upon the day of such e
leclion, al each of the places for holding said
election: and all purchases hereafter made, or
contracts entered into, for any such public
building or improvements as eloresaid, shall
be absolutely void aa against said county, un
lesa ihe policy of such outlay or expense shall
first have been approved by a majority or the
votes catl at tuch election. Provided that
nothing in (his section thall be so construed
as to pieveut the commissioners ol any county
from making and entering inlu any contract,
and appropriating, without a vote, any money
now remaining in the treasury, to the purpo
ses for which such money was assessed and
collected.
Section 4. It shall be essential to Ihe va
lidity of every contract entered into by the
county commissioners, or etder mode by them,
that the lame shall have been assented to al
a regular or special session thereof.aud enter
ed in the minutes of their proceedings by the
auditor.
Sections. That it shall be unlawful for
the county commissioners to enter into any
contract lor the erection or repair of any
bridge or culvert, the eslimaie expense of
which amounts to more lhaa one hundred dol
lars, until af'er the trustees of the township
or townships, in which the proposed improve
ment is lo be made, and ihe county surveyor
shall have, in writing certified, that from act
ual examination, Ihey believe Ihe same to be
necessary and proper for the convenience of
the public, and until they shall have caused
an accurate estimate of the cost of Ihe pro
posed improvement to be made and furnished
to them, by the county surveyor, and no con
tract for the making of said improvement, for
4 sum graater than the said estimate or tbe
county surveyor, sb.ill be binding upon the
county.. Provided thai the said commission
ers inky, nevertheless by a unanimous vote
entered upon the minutes of their proceedings
and ataiing tbe grounda thereof, dispense with
the operation ol ihu section in cases or urgent
necessity, when the estimatee expense or out
lay does not exceed two hundred dollars.
Section 6. That it ahall be tbe duty of the
county commissioners to designate to the coun
ty treasurer, the place or places at which, and
the person or persons Willi whom he shall de
posit the public moneys received by him du
ring the time tbe said moneys shall properly
be in his custody; snd il shall not be lawful
for Ihe said treasurer to make any such depos
it of public money, wi:houl tbe asaenl and ap
proval of the commissioners, lo be entered in
the minutes of their proceedings; and it shall
be the duty of the said commissioners lo make
any contract or agreement with such deposit
ary or depositaries, lor the sale keeping of the
public uionevj, and for the payment ol any
considerations therefor, which sh ill be paid
into the county treasury, and eha;i belong to
Ihe county, aud the ssid commissioners are
also required to take from such depositary ur
depositaries, a bond or bond., with good and
sufficient sunlie to their satisfaction, for the
safe-keeping and re-payment on demand of
auch deposits and all money In the county
treasury, which shall not he deposited for safe
keening as heiein provided, shall be kept at
the office of the treasurer; and il stiall be the
duty of the county enmmissionera.at least once
in every three months, aud oltener, if they
deem it proper, to make personal examina
tion Of the books, papers, accounts and vouch
ers of the treasurer, and count the money in
his office, and ascertain the amounts deposit
ed. and to enable them la ascertsin the true
condition of Ihe treasury; they are authorised
to interrogate tbe treasurct.hn depuliea.clerks
and assistants, and lo require answers from
Ihenr under oath, to be aJimnuitered by the
said oomrnirsioners: Provided, however, lhat
the coonty treasurer tnd hi surilies shall con
tinue and remain liable for the ssfe-keentng
and prompt payment, according to low, of all
money belonging, lo tha eounty treasury, sad
ot kept or deposited elsewhere than in the
ofTice of the cuuuty treasury, under the dirco-
ablishedevery Thursday momlnr in 'he old
MaaonicHallfSecoDd story of thebrick build
ng weitofC. Venauadtl & CVsatore, Meia
Street, Eaton.Ohio.4t thefollowif graiese
Sl:50perannum,iadrancr.
tOO: if not paid within the year, and
$250fter tbe year has expired.
ETThese rate w ill be r igidly en forced.
Nopnpeidiscoctinued until Harreararetare
paid unless aitheoptron oft he publisher.
0No communication ieeerted, unlesno
companiedhj responsible name.
icn of the county commissioners, and for tha
faithful account af all nrotiey disbursed by
bim. .
Section 7. It shall be Ihe duty of the coun
ty commissioners, annually, on the first Mon
day in March, to make a detailed report in
writing, to the court of common pleas of the
county, of rtoerr official traisaciionie during the
year next preceding the time of making auch
report, giving an accurate statement of (be fi
nancial affairs of ll.a county, which shall bo
p; in ted at tbe xjeoe of the county, aa di
rected by the court, to wliom tt saute is made,
and the court ahall eause tbe erune to be in
vestigated end exammed ty lh proaeenling
attorney of the ceunty, who, in case of any
violationa of law, -tare-by "directed lo Cauae
Ihe aame to prosecuted according to tbe a
lure of Ihe case,
Section 8. No a ccoon Ismail be allowed, and
no money ahall be paid, for any service ren
dered by any county commissioner, or enyei
(leosei incurred by him, other than bis Com
pensation allowed by law, until the same
shsll have been examined by the prosecuting
attorny of the county, certified by bim lo ba
correct, and allowed by tbe conn of common
pleas.
Section 9. No claims against Ibe crranly
shall be paid, otherwise than upon the allow,
a nee of the cojnly commissioners, upon the
warrant of the connty auditor,. except in those
cases in which the amount doe ia fixed by
law, or is authorized to be fixed by some othee
person or tribunal, in hirh cases, the same
shall be paid upon the warrant of Ihe county
auditor, upon the proper certificate of tbe per
son or tribunal allowing the same; Provided,
thai no public money be disbursed by Ihe
eounty commissioners, or any of ihem, but Ihe
same shall be disbursed by tbe county treas
urer, upon ihe warrant of the counly sad tor,
specifying the name of thejiariy entitled totno
same, on whni accovnt, and upou whose al
lowance, if not fixed by law.
Section 10. This act lo take effect and be
in force, from and afler its passage; Provided
Sections 1,6, 6, and 8,shsli only apply tosuck
counties as at the taking of the Federal Ctn
susof the year 1850, contained a population
greater than oue bundled thousand rnUa-bi-la
ills.
N. H. VAN VORHES,
Speaker of the House of Representatives.
THOMAS H. FORD,
President of the Senate.
April 8th, 1856.
AN ACT
Prescribing and limiting ihe rates of taxation.
StCTinN 1, Be it enacted by the General At
trmhly af the Slate of Ohio, That there ahall
be levied on all property and credit subject
lo taxation in the Stale, (except such as ex
isting laws provided for taxing in manner
and a rate tin; re in prescribed,) as valued and
entered on the grand levy for taxation for tbe
year eighteen hundred and try-six, for (tie
several purposes hereinafier named, the fol
lowing rules of tax in each dollar of such as
sessed value, to-wit: For Ibe support of the
State Government, including the ordinary ex
penses of ibe public benevolent institutions,
prosecuting the work on public buildings, snd
other expenses chargeable on the general rev
enue; ana also to pay deficiencies ef former
appropriations, one mill; fur the sinking luiil
seven lenllis of one mill. The counly com
missioners of any county shall not levy for
anyone year, for all counly purposes o'her
thin for the payment of interest on Ihe debt
which such coumy msy owe, and such part
of the principal as aiay fait due wilhia tbe
then current, er the next succeeding year Tot
bridge, road or poor purposes on each dollar
of the assessed value of sucb property and
ciedits, in such county, not exceeding fiva
millions of dollars, not exceeding one and one
half mills, and on each dollar of auch assessed
value over five millions of dollars, not exceed
ing one and one-fourth milts; and for county
buildings, In any county, not exceeding one
fourth of one mill on the dollar for any one
ytar. There shall not be levied in any city
or incoiporaled villiaj.e, for all purposes olhe
er than for Ihe payment of interest on ny
debt or debts of such city or villsge, or the
payment of any auch debts or part thereof
may fall due during the then current or tbe
next succeeding ye r, more than five mills on
the dollar of Ihe property of such city cr vil
lage as listtd and valued for taxatiour Provi
ded, that tl.e oloresnid restriction shall not be
construed to prevent the levying and col-
i - - r t i .
icciing oi local assessments to pay lor sucrt
local improvements as effect particular Darta
only of such ciiy or village: Provided, that
in cities, which, by the last federal census
contained a population of not less than one
hundied thousand inhabitants the levy for alt
purposes moy be raised to ratio not Wceed
ing fix and one half milts on tbe dollar of
valuation. The township trustees shsll in no
case levy for township expenses more than
one half of one mill on the dollar.
Section 2. The operation of the fifty-eighth
section of the act of May 4, 853, to provide
lor ;ne reorganization supervision and mainte
nance of common schools so far as it re Is lea
to the assessment and collection of taxes for
the purpose ot furnishing and increasing school
libraries and apparatus is hereby suspended
for one year from and alter the passage of this
act. ,
SrrnoN 3. AH laws and parts of laws iu-
onis(eut with the provisions of this act are
hereby repealed. This set shall lake effect
en its passa.e.
N. H. VAN VORHES,
N. H. VAN VORHES, Speaker of the House of Representatives.
LESTER TAYLOR,
President of the Senate, pro tem.
April 7th, 1856.
April 7th, 1856. AN ACT
To provide for the collection and safe keeping
oi the public arms.
Section t. Be it enacted hi the General At-
tembly of the Slate of Ohia, That it il hereby
made the duties of the Sheriffs, of the several
counties In the Slate of Ohio under the direc
reclion ofthe Quarterly Master General to col
lect together and safely keen in the public
buildings or some suitable pl.ice in Lheir res
pective counties all the public arms ind ao-
coii'.remenia belonging lo the Stale of Ohio,
(except those in the hands of regular organi
sed volunteer companies) and hold the same
subjeet to tbe order and direction of ile Quar
ter nnsier uenerau -
Section 2. Tbe Quarterly Mis'er General
may allow to tha SIseritTs reasonable com
pensation for the duties required by this act
to tie paid Out of the Governor contingent
mno on uie ouier ol the Aud .lor ol sia:e.
Sections. Thbaclto be in force on ind
after Its passage. " '
N. H. VAN VORHES,
Speaker the House of Representatives.
LESTER TAYLOR,
President of the Senate, pro tem.
April 11, 1856.
.. - ..,
Condition on fourth !. " ,