AN ACT. To amend section eighteen of an act entitled "An act limiting the compensation of certain officers therein named," passed 6th of April, 1870. (Vol. 67, O. L. page 36.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section eighteen of the above entitled act, be and hereby is amended so as to read as follows, viz: Section 18. This act shall take effect and be in force from and after its passage; provided, however, that nothing herein contained shall be so construed as to affect the compensation, fees, costs, perquisites and penalties of any officer elect. ed previous to the second Tuesday of October, 1869, and now in office, for and during the term of office for which he was elected, as said term was fixed by law, at the time of his election; and the fees, costs, percentages, allowances penalties and other perquisites of whatever kind, of the officers herein named, remaining unpaid at the end of their respective official terms, shall in nowise belong to or be the property of any such officer, except so far as is provided in the sixth section of this act, but shall be collected by his successor in office, and shall be held as publie money and property of the county, and shall constitute a part of the fund out of which the expenses and compensation of such successor in office shall be paid; Provided, that nothing herein contained shall be construed to apply to the clerk elected on the second Tuesday of October, 1869, and his appointed successor until the first day of October, 1870. SEC. 2. That said original section eighteen shall be and hereby is repealed. SEC. 3. This act to take effect from and after its passage. Speaker of the House of Representatives. Passed April 26th, 1871. President of the Senate. AN ACT To authorize the governor to re-convey certain lands. WHEREAS, On the 12th day of February, 1869, Isaac Vanhorn and wife conveyed, by general warranty deed, to the state of Ohio, in-lot number one hundred and thirty-five (135,) situated and being in Phillips' and Stafford's second addition of lots to the town of Napoleon, Henry county, Ohio, for and in consideration that the board of public works would execute to said Vanhorn and wife, a lease of water power to be used on said premises; and, WHEREAS, Said lease has never been executed by said board of public works, and they still refuse to execute the same, for the reason that upon examination they find all the surplus water leased, and a further drain would be injurious to navigation by boats on said canal; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the governor of the state is hereby authorized and required to convey from the state of Ohio, by general warranty deed, to Isaac Vanhorn, his heirs and assigns, the aforesaid described premises. SEC. 2. This act to take effect from its passage. President of the Senate. Governor to convey cer tain lands, &c. Passed April 26, 1871. AN ACT To amend section fifty-eight of the code of civil precedure. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fifty-eight of the code of civil precedure, be so amended as to read as follows: Section 58. When the action is rightly brought in any county, according to the provisions of title four, a summons shall be issued to any other county, against any one or more of the defendants, at the plaintiff's request; provided, that no maker or drawer of any instrument for the payment of money, only, shall be held liable in an action thereon, except on cognovit, in any county other than one in which he, or some one of the joint makers or drawers of the instrument, resides or is summoned. SEC. 2. Said original section fifty-eight be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Rule as to issue of summons to other counties. Passed April 26, 1871. President of the Senate. Excessive charges for local freight unlawful. Penalty therefor. AN ACT Regulating the charges for transportation of freight upon SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any corporation, company, person or persons, owning, controlling, or operating a railroad, in whole or in part, within this State, to charge or receive for transportation of freight, for any dis tance within this State, a larger sum than is charged by the same corporation, company, person or persons, for the transportation, in the same direction, of freight of the same class or kind, for an equal or greater distance over the same railroad and connecting lines of railroad; and every such corporation, company, person or persons who shall violate or permit to be violated, the provisions of this act, shall forfeit and pay to the party aggrieved a sum equal to double the amount of the overcharge, but in no case shall the amount of the forfeiture be less than twenty five dollars. SEC. 2. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, President of the Senate. Passed April 26, 1871. Erection of fences, crossings and cattle guards. AN ACT To amend section one (1) and to repeal sections two (2) and three (3) of an act entitled an act providing for inclosing Railroads by fences and cattle guards, passed and took effect March 25, 1859. (S. & C., p. 331 and 332.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one (1) of the above recited act, be amended so as to read as follows: Section 1. That any railroad company, or other party having the control or management of a railroad, the whole or part of which shall be located within this state, shall, and is hereby required, within one year after the passage of this act, or within one year after commeucing to run cars thereon, for the transportation of passengers or freight, to construct and maintain good and sufficient fences on both sides of such roads or such part thereof as shall be in running order, and located within this state, and also, to make and maintain a sufficient number of suitable crossings, for the accommodation of the public, and of persons living near the line of such railroad, together with the necessary cattle guards, to prevent cattle and other domestic animals from endangering them animals. selves and the lives of passengers by getting upon such railroads; and such company shall be liable for all damages Liability for which may result to horses, cattle or other domestic animals injury to by reason of the want or insufficiency of such fences, road crossings or cattle-guards, or by any carelessness or negligence of such company, party, agent or agents thereof; and no person shall ride, lead or drive any horse, cow or other domestic animal into such inclosure and upon such railroad -for taking track, under penalty of a fine, not exceeding ten dollars for them within every such offeuse, to be recovered by such corporation or enclosure. party, in an action before a justice of the peace of the proper township, and the liability of all damages which may be thereby occasioned: Provided, that whenever such railroad Partition shall pass along the boundary of any inclosed farm or farms, fences. separating such farm or farms from the lands of any other person or persons, the proprietor or proprietors of such inclosed farm or farms is hereby required to construct and keep in repair one half of the fence along such farm boundary as is necessary to partition said inclosed farms from the railroads, and the construction and repair of the same may be enforced in the same manner as are the partition fences between two or more individual boundaries, provided further, that any person or persous desiring a private crossing or crossings and cattle-guards, as contemplated by this act, shall be responsible for one-half the expense of con structing the same; and, provided further, that nothing herein shall be construed to extend the time within which any existing railroad company or other party is required to fence its railroad by the act hereby amended; provided, that this act shall not apply to any case in which compensa. tion for building fence or fences was taken into consideration and paid for as part of the sum paid for right of way. SEC. 2. That sections one, two and three of the above recited act be and the same are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed April 26, 1871. President of the Senate. AN ACT For regulating settlements between county commissioners and sheriffs, and for the payment of balances found due on any such settlement." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of any county, before making any payment to the sheriff of such county of moneys claimed by him for official services rendered to such county, shall make a full examination and adjustment of the Commissioners to investi gate claims of sheriffs for services. account of the sheriff with such county to the date of such settlement, showing the amount of money in his hands belonging to such county, or with which he is chargeable at such date, and shall pay over to him only the balance, if any, that shall be found due such sheriff on such settlement and and adjustment, after deducting all moneys found to be in his hands, or with which he shall be chargeable as aforesaid. SEC. 2. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed April 26, 1871. President of the Senate. How free turnpikeslaid out and established; petition, and appointment of commissioners. AN ACT To amend sections one, fifteen, sixteen, seventeen and twenty of an act entitled an act to authorize the county commissioners to lay out and establish free turnpike roads, and to repeal certain acts therein named, passed April 15, 1867. (S. & S., page 680.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections one, fifteen, sixteen, seventeen and twenty of the above recited act be amended so as to read as follows: Section 1. That after the passage of this act free turnpike roads shall be authorized, and commissioners appointed to lay out and establish the same in the following manner, to wit: When a majority of all the landholders residing in the county who own lands lying within the bounds of any free turnpike as provided in this act, shall present a petition to the board of county commissioners at any regular session of their board, asking the appointment of commissioners to lay out and establish a free turnpike road between any points within such county, and shall satisfy such commissioners that public notice has been given by advertisement in some newspaper of general circulation in such county of such intended application for at least four consecutive weeks preceding such general meeting, said commissioners shall appoint three judicious freeholders of the county to be commissioners of such free turnpike road, who, by the name fixed by said county commissioners, shall be a body corporate for the purpose of laying out and establishing a free turnpike road between the points within such county named by the said com. missioners; such appointments and points on said road shall be entered upon the minutes of said board of county commissioners, and a certified copy of such entry furnished to such road commissioners on demand; and the said county com |