which can be properly made applicable to any rights existing at the time of its passage, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly. SEC. 107. ties continued Any municipal corporation which, under its for- Powers and dumer organization, held or exercised any power or duty, in or- and held under dering or directing the election of justices of the peace, con- this law. stables, or other township officers, shall continue to hold and exercise such power and duty until otherwise provided by law. SEC. 108. Any municipal corporation in which, under its same. former organization, any law or charter regulating any literacharitable or benevolent institution, vested any power appointing officers of supervision or control, shall continue to hold and possess the like power and authority in every respect. ry, un SEC. 109. That the mayor, trustees, marshal, treasurer, Officers, laws, and all officers heretofore elected by the people, or appointed ordinances, &c. by any municipal corporation, now in office, shall remain and der this law. continue in their respective offices, and perform the several duties thereof, under the provisions of this act, until the time shall expire for which they shall have been elected or appointed, and until their successors shall be chosen or appointed and qualified, unless the council of such corporation shall otherwise provide; but all such officers shall, notwithstanding any instruction in this act, be subject to such rules and regulations touching their duties or compensation, as the proper authority of any municipal corporation may provide; and all laws, ordinances and resolutions heretofore lawfully passed and adopted by the city council, shall be, remain, and continue in force, until altered or repealed by the city council established by this act; and all special acts in relation to any municipal corporation, repealed by the first section of this act, shall, notwithstanding, so far as the same affects the particular police regulations, or local affairs of any municipal corporation, in matters not inconsistent with this act, be and remain in force as by-laws and ordinances of the particular municipal corporation, until altered or repealed by the proper authority thereof. ed. SEC. 110. That section seventy-one of the act entitled an Section of former law repealact for the assessment and taxation of all property in this State, and for levying taxes thereon, according to its true value in money, passed April 13, 1852, be and the same is hereby repealed. SEC. 111. This act shall take effect from and after the fif teenth day of May next. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate, pro tem. May 3, 1852. Contracts, &c., not to be an nulled by ship lines. AN ACT To define the liability of townships, where the same have been altered or diminished. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any township in this state shall have change of town been or may hereafter be altered, diminished, or in any way changed, by the formation of new townships, or additions to other townships, or otherwise, such original township, and all parts and portions of the same, shall remain liable, to the same extent, on all contracts, engagements or liabilities, contracted by such township, prior to such change, as if no such alteration, diminution or change, had taken place. ment and col when township ed. Ав to assess- SEC. 2. That the trustees of any township, in case of a lection of taxes, division or change, as provided in the first section, which lines are chang. shall have retained the original name of such township, shall, in levying a tax for the payment of any legal or just claims, against such township, contracted prior to any change as aforesaid, procure a certified abstract from the auditor of the proper county, or in case parcels of such township shall have been attached to townships of different counties, then from the auditors of the counties to which any portion of such township shall have been attached, of all the taxable property situate in such attached portion or portions, together with the names of the persons owning the same; and in making the assessment and levy for the payment of any such indebtedness, or interest thereon, at the time now, or that may hereafter be provided by law for making such levy, levy an amount not exceeding the amount now limited, or that may hereafter be limited by law, for the payment of claims against townships, on all the taxable property in the limits of such township as it was bounded before such change, and certify an abstract thereof to the county auditor of the proper county, or in case parcels of such township shall have been attached to territory in different counties, then said trustees shall certify an abstract of the tax levied upon the property in such parcels respectively, to the auditors of the respective counties, together with the names of the persons so assessed, and the amount assessed to each; and such auditor or auditors shall thereupon enter the same upon the duplicate, designating the persons so taxed, and for what purpose such levy has been made, and the taxes shall be collected thereon, as in other cases. Duty of treasu. urers. SEC. 3. The treasurer of the county or counties collecting any tax as aforesaid assessed, shall, on demand, pay over to the treasurer of such township, on the order of the trustees thereof, after the first day of March of any year when the same may have been collected, as moneys that may have been collected for such township, and shall be entitled to the same fees, and subject to the same liabilities, for duties performed under this act, as in other cases. JAMES C. JOHNSON, Speaker of the House of Representatives. May 1, 1852. President of the Senate. AN ACT To provide for collecting the Statistics of Crime. Attorney Gene ral. SEC. 1. Be it enacted by the General Assembly of the State Prosecuting Atof Ohio, That each Prosecuting Attorney shall, between the porten anally to tenth and twentieth days of December, in every year, report t to the Attorney General a particular statistical account of all crimes prosecuted by indictment in his county, during the year next preceding; which account shall specify the number of persons prosecuted, the crime or crimes for which each person was prosecuted, the result of each prosecution, and the punishment (if any) awarded thereupon, and also the amount of costs in each case, and what portion thereof has been, and what portion probably will be collected; and that each prosecuting attorney shall report, likewise, which of the crimes so prosecuted, were, in his opinion, committed under the influence of ardent spirits. ditto. SEC. 2. That the clerk of each court having cognizance of Clerks ofCourts pleas of the state prosecuted by indictment, shall, between the first and fifth days of December, in every year, make out and deliver to the Prosecuting Attorney of the county, an accurate statement of the costs taxed or taxable in each case, prosecuted as aforesaid, and determined during the year next preceding; which statement shall specify the portion of costs collected, by execution or otherwise, from the defendant or defendants, and in what cases execution has been issued. Fees of clerk & prosecuting at. torney. SEC. 3. That each court having cognizance as aforesaid, shall make such allowances, payable out of the county treasury, to the clerk and prosecuting attorney, for performances of the services hereby required, as to the judge or judges thereof, may seem reasonable. May 1, 1852. JAMES C. JOHNSON, President of the Senate. When lien shall take effect. Act repealed. AN ACT To regulate the liens of judgments. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That judgments by confession, and judgments on all suits rendered at the same term of the Court at which said suit is commenced, shall only have a lien on land from the day on which said judgment shall be rendered; Provided, that no such judgment shall have priority as to such lien, over any other such judgment rendered at the same term. SEC. 2. That the act entitled an act "in relation to judgments by confession," passed February 11th, 1846, be, and the same is hereby repealed. JAMES C. JOHNSON, Speaker of the House of Representatives. WILLIAM MEDILL, May 1, 1852. President of the Senate. AN ACT Defining the powers of Plank and Turnpike Road Companies. pike companies strictions. SEC. 1. Be it enacted by the General Assembly of the State Plank or Turnof Ohio, That it shall and may be lawful for any Plank road may issue bonds or Turnpike Company heretofore chartered under the laws of rules and rethis state, for the purpose of constructing any road authorized by their respective charters, and to provide for any present indebtedness which may exist against said companies respectively, to issue the bonds of such company, to the amount, including such indebtedness, of one half of the capital stock of said company actually paid in, and expended in the construction of such road; said bonds to be issued in such sums, and in such forms, as the board of directors of said several companies may each prescribe, and to bear interest and become payable at such time or times, and place or places, as they may severally designate; and for the redemption of which, the faith of said several companies are hereby respectively pledged, together with the property, rights and franchises thereunto belonging, and which said bonds shall not be subject to a higher rate of interest than that provided by law; Provided, that nothing herein contained shall be so construed as to authorize bonds to be issued of a less denomination than one hundred dollars, or in the similitude of bank notes designed to circulate as money. bility of stock SEC. 2. That the stockholders of any company which shall Individual liaissue bonds under the authority of this act, for the purpose of holders. raising money with which to construct the road of such company, or any part thereof, shall be each individually liable for the payment of such bonds, over and above the stock by such stockholder owned, to a sum at least equal in amount to the stock owned by each, at the time the indebtedness on account of said bonds shall be created. general laws. SEC. 3. That any company that shall avail itself of the Subjection to provisions of this act, shall be governed by and be subject to the provisions of any general law that may hereafter be passed, for the incorporation of Turnpike and Plank Road companies. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate, pro tem. May 3, 1852. |