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County com

compound debts &c.-when.

AN ACT

To provide for filling vacancies in the Board of County Commissioners, and prescribing their powers and duties in certain cases.

SEC. 1. Be it enacted by the General Assembly of the State missioners may of Ohio, That the county commissioners of the respective counties shall have power to compound for, or release, in whole or in part, any debt, judgment, fine, or amercement due to their county and for the use thereof, except in cases where they, or either of them, are personally interested; and whenever said commissioners shall compound for, or release, in whole or in part, any debt, judgment, fine, or amercement, as aforesaid, they shall enter upon their journal a statement of the facts in the case, and the reasons that governed them in making such release or composition.

Restrictions.

Vacancies, how filled.

Sections of for.

SEC. 2. That the provisions of this act shall not extend to cases mentioned in an act entitled an act restraining the power of county commissioners to remit fines, penalties and judgments in certain cases, passed February eighth, one thousand eight hundred and forty-seven.

SEC. 3. That whenever there shall be a vacancy in the office of county commissioner, from death, resignation, removal, or any cause other than the expiration of the term for which he was elected, and the interest of the county shall require such vacancy to be filled before the next annual election, the Probate Judge, Auditor, and county Recorder, of such county, or a majority of them, shall meet at the seat of justice of the county, and appoint one or more commissioners, as the case may require, who shall continue in office until the next annual election, and until the commissioner or commissioners then elected, shall be qualified, and no longer; and the absence of any commissioner, from the county, for six months in succession, shall be deemed a resignation of the office.

SEC. 4. That the fourth and twelfth sections of the act enmer acts repeal titled an act establishing boards of county commissioners, passed March fifth, one thousand eight hundred and thirtyone, and the fourth section of the act passed February eighteenth, one thousand eight hundred and forty-eight, entitled an act to extend the provisions of the act passed February twenty-eighth, one thousand eight hundred and forty-three, entitled an act to authorize the Court of Common Pleas to re

mit judgments or recognizances in certain cases, and for other purposes, be and the same are hereby repealed.

JAMES C. JOHNSON,

Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.

April 30, 1852.

AN ACT

To authorize Guardians to release the interest of their Wards in tax titles to

real estate.

release interest

SEC. 1. Be it enacted by the General Assembly of the State Guardians may of Ohio, That where any lands, town lots, or other real es- of minor beirs. tate, have heretofore been, or hereafter may be sold for taxes, and the title thereto has become vested in any minor, it shall and may be lawful for the guardian of such minor to convey, in the name, and on behalf of the minor, by deed of release and quit claim, all the right, title and interest of said minor, in law or equity, in and to such lands, town lots, or other real estate, to any person or persons entitled to redeem or recover the same; Provided, that such person or persons so Proviso. entitled to redeem or recover said lands, town lots or other real estate, shall pay to the guardian aforesaid, an amount of money not less than that for which the same was sold, and the taxes subsequently paid thereon by the purchaser, or those claiming under him, together with interest and fifty per centum on the whole amount so paid by such purchaser, or those claiming under him.

costs.

SEC. 2. If any guardian shall tender a deed of release and Rule as to quit claim of the right and title of his ward or wards in and to any lands, town lots, or other real estate sold for taxes, to any person or persons entitled to redeem or recover the same, as aforesaid, and such person or persons shall refuse to accept such deed on the terms and conditions specified in the preceding section, he or they shall not recover costs accruing after

such tender, in any proceeding that such person or persons may institute for the redemption or recovery of such lands, town lots, or other real estate.

JAMES C. JOHNSON,

Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.

April 30, 1852.

AN ACT

To authorize County Auditors to place taxable Lands upon the Tax Duplicate, in numerical order.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the county auditor of any county in this state, may, in making out the duplicate of taxes of any such county, for this and each succeeding year, place each separate tract of real property, in each and every township in such county, according to the numerical order of the section in which said tract or tracts may be situate, and the same shall be placed on said duplicate, in a line or lines, immediately opposite to, and after the name or names of the owner or owners of such tract.

JAMES C. JOHNSON,

Speaker of the House of Representatives.
J. W. WILSON,

President of the Senate, pro tem.

May 3, 1852.

AN ACT

Further prescribing the duties of the Auditor of State.

lands.

SEC. 1. Be it enacted by the General Assembly of the State Titles to canal of Ohio, That the Auditor of State is hereby required to take immediate steps to secure to the State of Ohio, the title to all lands heretofore granted, or that may hereafter be granted to this state, by various acts of Congress, for the completion of the Ohio, Miami, and Wabash and Erie Canals, or for other purposes.

the State of

SEC. 2. That the said Auditor of State is further required, To be vested in if it become necessary, to use such means as he may deem ad- Ohio. visable, to obtain further legislation by Congress, to vest in the State of Ohio all or any of said lands, together with such other lands as this State may have sold, and to which said state has not hitherto secured a valid title; Provided, that no money or other compensation shall be paid, either directly or indirectly, by said Auditor, to any person, for securing such title, or procuring such further legislation.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.

May 1, 1852.

AN ACT

To prescribe the duties of the Attorney General.

of Attorney

SEC. 1. Be it enacted by the General Assembly of the State Oath and bond of Ohio, That each Attorney General elect, before entering General. upon the performance of his duties, shall take an oath or affirmation, before the supreme court, or some judge thereof, to support the constitution of the United States, and the constitu

Oath and bond to be filed with

Secretary of

State.

Attorney Gene

ral shall appear

tion of the State of Ohio, and faithfully to discharge the duties of his office; and shall also give bond to the state of Ohio, in the sum of five thousand dollars, with two or more sureties, to be approved by the Governor for the time being, conditioned that he will faithfully discharge his duties as aforesaid, and truly pay into the treasury of state, all public moneys which may come into his hands.

SEC. 2. That a certificate or the oath or affirmation so taken, shall be filed, together with the bond, in the office of the Secretary of State, and a record of the same shall be made and kept in the said secretary's office.

SEC. 3. That the Attorney General shall appear for the for the State in state, in the trial and argument of all causes in the supreme Supreme Court. court, (whether of a civil, equitable, or criminal description,) wherein the state may be directly interested.

Also in other courts.

Shall prosecute indictments.

Also delinquent officers.

Same.

In Franklin county, or the

County' where the offence was

committed.

On complaint against incornies, by quo warranto, &c.

SEC. 4. That he shall, also, when required by the Governor, or General Assembly, appear for the state in any court or tribunal, in any cause to which the state may be a party, or in which the state may be directly interested.

SEC. 5. That he shall, upon the written request of the Governor, prosecute any person who may be charged with any indictable offence whatever.

SEC. 6. That he shall cause to be prosecuted, the official bonds of all delinquent officers, in which the state may be interested, when the same are directed to be put in suit.

SEC. 7. That he shall cause to be prosecuted, all assessors and other officers connected with the revenue laws of this state, for all such delinquences and offences against those laws as may come to his knowledge.

SEC. 8. That he may prosecute any action or suit at law, or in equity, authorized by the last two sections, in the court of common pleas of Franklin county, or in the court of common pleas of the county in which the defendant, or any one or more of the defendants, may reside or be found.

SEC. 9. That upon complaint made to him, that any incorporated compa. porated company has offended against the laws of the state, arranto, c. misused its corporate authority, or any of its franchises or privileges, assumed franchises or privileges not granted to it, or surrendered, abandoned or forfeited its corporate authority, or any of its franchises or privileges, he shall enquire into the complaint, and, if he should find probable cause for so doing, cause proceedings, in the nature of quo warranto or writ of scire facias, to be instituted against it...

From personal

same.

SEC. 10. That if it shall come to his knowledge otherwise, knowledge, the that any incorporated company has offended against the laws of the state, misused its corporate authority, or any of its franchises or privileges, assumed franchises or privileges not conferred, or surrendered, abandoned or forfeited its corporate authority, or any of its franchises or privileges, he shall cause

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