Resignation, to whom made, and notice of.-The resignation of a justice of the peace is to be made to the clerk of the court of common pleas, and the justice must at the same time give notice thereof to the clerk of the township. 570.

Where there are no trustees.—If there are no trustees ir. a township, it is the duty of the township clerk to give the cquired notice of an election. 571.

Docket, how furnished. It is the duty of trustees to furnish each justice with a suitable book, to be used as a docket. 594.

Successor, how designated.-When two or more justices. are equally entitled to be deemed the successor in office of a justice, the trustees of a township must designate which is to be deemed the successor of the outgoing justice, and must enter a certificate, in the last docket of the justice going out of office, of their determination, before the same is delivered to such successor. GOO.

Criminal docket, how disposed of-Every justice of the peace, in case of his resignation, removal, or the expiration of his term of office without a re-clection-or his personal representatives, in case of his death-must deposit his criminal docket with his successor in office, or if there be no successor, then with the clerk of the township to be delivered to such other justice of the peace of the township as the trustees may designate; and with the docket he is required to deliver all such dockets of predecessors held by him, and all papers pertaining to causes undisposed of 612.

the obligation of the original sureties remained in full force against them. Stevens v. Allmen, 19 Ohio St. 485.

The justice of the peace holds money received by him in his official capacity in trust for the creditor, and is bound to keep it safely. He has no right to mingle the money with his own; but he has the right to place the money on special deposit, to be safely kept until called for by the creditor. 4 Ohio St. 387.

CHAPTER XVI.

LIBRARIES.

Vote as to, when to be taken.-The trustees of any town ship in which is situated an incorporated village, having a population of not more than one thousand, on the petition of twenty electors thereof, must submit to the electors of such township, at some general election, in April or October, the question whether there shall be a public library established therein, for the use and benefit of the citizens. 1476.

Notice, how given.—Before such question can be submitted, four weeks' public notice of the intention to do so must be given in some newspaper of general circulation in the county. 1476.

Township,

No. 63. FORM OF NOTICE AS TO LIBRARY. To the qualified electors of County, Ohio: You are hereby notified that, at the election to be held on the day of April (or, October), the question whether there shall be a public library established in said township, for the use and benefit of the citizens thereof, will be submitted to you. Those voting in favor of such library will place upon their ballots the words, "Public LibraryYes," and those voting against the same, the words, "Public Library-No"

Tax may be levied for, when.—If a majority of the voters at such election vote in favor of the library, the trustees are authorized annually to levy a tax of not more than one-tenth of one mill on the dollar, upon all the taxable property in the township, to be collected as other taxes and applied to the establishment and maintenance of a library, and the procuring of a room or rooms for the same. 1476.

Trustees of library to be appointed. It is the duty of the township trustees to appoint three trustees of the library, when established, and confer upon them such authority as may be necessary to render the library so established of public utility; and the same is required to be conducted and cared for under such rules and regulations as the library trustees may prescribe. 1477.

School library-books may be placed in such library.—Any township so establishing a library has authority, by and with the consent of the local boards of education, or other school officers having the same in charge, to place in such library the books of the Ohio School Library, subject at all times to the call of said boards of education or school offi. cers. 1478.

CHAPTER XVII.

MORTGAGES AND BILLS OF SALE OF PERSONAL PROP ERTY.

Void unless deposited with township clerk.-Every mort gage or conveyance intended to operate as a mortgage of goods and chattels, unless accompanied by an immediate delivery, and followed by an actual and continued change of possession of things mortgaged,' is absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, is forthwith deposited with the clerk of the township where the mortgagor resides, at the time of the execution of the same. 4050. 4151. Where deposited when mortgagor is non-resident.-In case the mortgagor is not a resident of the state, the mortgage must be deposited with the clerk of the township where

The act in relation to chattel mortgages, as amended May 7, 1869, requires a mortgage given to indemnify the mortgagee against a liability as surety for the mortgagor, to have entered thereon a true statement of such liability, and that the instru ment was taken in good faith to indemnify against any loss resulting therefrom; and the omission of such statement renders the mortgage void as against creditors of the mortgagor. Hanes v. Tiffany, 25 Ohio St. 549.

The affidavit required by the statute to be entered on a chat tel mortgage, need not be made in any particular form. If the affidavit contains the requisite facts, the form in which they are stated is immaterial. Gardiner v. Parmlee, 31 Ohio St. 551.

Where the affidavit refers to matters contained in the mortgage, the matters thus referred to are to be regarded as part of the affidavit. Ibid.

.

the mortgaged property is at the time of the execution of the instrument; or, in case the mortgagor resides in a township where the office of the county recorder is kept, or in a township merged in a city or village in which the recorder's office is kept, or when he is a non-resident of the state, and the property is within such township, the mortgage must be filed with the county recorder. 4151.1

Statement must be entered on mortgage.-Before the filing of a chattel mortgage, the mortgagee, his agent or attorney, must enter thereon a true statement, in dollars and cents, of the amount of his claim, and that it is just and unpaid, which statement must be sworn to before the township clerk or other officer authorized to administer oaths. 4154.

Statement when mortgage is given to indemnify.-In case the instrument is given to indemnify the mortgagee against a liability as surety for the mortgagor, the mortgagee must enter thereon a true statement of such liability, and that said instrument was taken in good faith to indemnify against any loss that may result therefrom, which statement must also be duly sworn to before the township clerk or other proper officer. 4154.

No. 64. FORM OF CHATTEL MORTGAGE. Know all men by these presents, that

in consider

convey to the said

and assigns, the goods and chat

tels described in the schedule hereunto annexed; to have

and to hold the same to the use of the said

tors, administrators, and assigns.

execu

will insure

and keep the

same insured during the continuance of this mortgage, and if neglect, or fail to do so, then the mortgagee may insure the same at the expense of the mortgagor

; and

in case of loss, if any, payment shall be made to the mortgagee for the use and purpose herein mentioned. Provided, nevertheless, that. then this conveyance shall

be void; otherwise to be and remain in full force.

The said mortgagor hereby covenant that on default 1As amended, 83 Laws, 72.