Proviso. shall be turnpiked with earth so as to drain freely to the sides, and raised with stone or gravel not less than ten nor more than sixteen feet in width, nor less than twelve inches thick in the center, and not less than eight inches thick at the outer edge of such bed of stone or gravel, well compacted together in such manner as to secure a firm, even, and substantial road provided, the county commissioners may, in their discretion, cause said road to be constructed wholly of earth when stone or gravel is not accessible to the line of said road. In no case shall the grade of ascent or descent on said road be greater than seven degrees, and the same shall be well provided with all necessary side-drains, wasteways, and under draining to prevent over flowing or washing by water, and with substantial bridges or culverts at all crossings of water-courses, and said roads shall be free to the public use for travel. SEC. 2. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. President of the Senate. Passed April 30, 1877. Narrow gauge railroad companies may issue bonds. Interest on bonds not to exceed seven per cent. AN ACT To authorize narrow gauge railroad companies to issue bonds SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any narrow gauge railroad company heretofore, or that may hereafter be incorporated and organized under the laws of this state, and have authorized the building of a branch road, may issue their bonds, convertible or otherwise, bearing any rate of interest not exceeding seven per cent. per annum, to an amount not exceeding six thousand dollars per mile of such branch road, and sell the same at such times and places, within or without the state, and at such rates as the directors of said company may deem for its best interest; and said railroad company may secure the payment of such bonds by a mortgage on such branch road. SEC. 2. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker pro tem. of the House of Representatives. Passed April 30, 1877. AN ACT To amend section seven of "An act to anthorize the county commissioners to construct roads on petition of a majority of resident land owners along and adjacent to the line of said road, and to repeal an act named therein," as passed March 29, 1867 [O. L., vol. 64, page 83], as amended April 11, 1876 [O. L., vol. 73, page 169.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section seven of the above recited act be so amended as to read as follows: Section 7. That for the purpose of raising the money necessary to meet the expense of said improvement, the commissioners of the county are hereby authorized to issue the bonds of the county, payable in installments, or at intervals not exceeding in all, the period of five years, bearing interest at a rate not to exceed seven per cent. per annum, payable semi-annually, which bonds shall not be sold for less than their par value, and the said assessment shall be divided in such manner as to meet the payment of principal and interest of said bonds, and be so placed upon the duplicate for taxation against the lands assessed, and collected in the same manner as other taxes, and the same penalties for delinquencies, and in redemption of lands sold for the non-payment of such assessments shall be valid, the same as in state and county taxes; and when collected, the money arising therefrom shall be applied to no other purpose but the payment of said bonds and interest: provided, that the county commissioners shall build all bridges and culverts on said improvement, and pay for the same out of the bridge fund of the county; and provided further, that no bonds shall be delivered or money paid to any contractor except on the estimate of work done, as the same progresses or is completed. SEC. 2. That section seven of the original act as amended March 15, 1869 (O. L., vol. 66, page 24), as amended April 11, 1876, (O. L., vol. 73, page 169), be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed April 30, 1877. President of the Senate. AN ACT Relating to certain proposed amendments to the constitution and the publication thereof. WHEREAS, The General Assembly of the State of Ohio (threefifths of the members elected to each house agreeing thereto) Electors 148 have proposed amendments to the constitution to be submitted to the electors for their approval or rejection, at the elec tion for senators and representatives in the general assembly, on the second Tuesday of October, A.D. 1877; therefore, SECTION 1. Be it enacted by the General Assembly of the State upon propos- of Ohio, That the electors of this state shall vote upon said proposed amendments at the general election in October, A.D. 1877, in the manner and form as prescribed in said amendments. shall vote ed amend ments. Duties of judges and clerks of election. County clerks shall make returns within twenty days of the election. Governor shall make proclamation if majority of votes cast fa vor proposed amendment. Secretary of state shall publish proposed consti tutional amendment in each county. Proviso. Rate to be paid newspapers for publication. SEC. 2. The judges and clerks of the election in each township, ward, and precinct, shall, in addition to the returns provided by law, and at the same time, make return to the clerk of the county, of the vote cast for and against said proposed amendments. SEC. 3. A return, additional to the return now required by law to be made of the votes cast at such election for state officers, and senators and representatives; and also for and against said proposed amendments to the constitution shall be certified and made by the clerk of each county to the sec retary of state, within ten days after said election; and within twenty days after said election the governor, secretary of state, and attorney-general, shall open said returns and count the votes, and ascertain whether or not a majority of the votes cast at said election have been cast for said proposed amendments, or either of them, and if it appears that! a majority of the votes cast at such election have been cast for said proposed amendments, or either of them, the gov ernor shall make proclamation thereof without delay. SEC. 4. The secretary of state shall cause the amendments to the constitution, proposed at the present session of general assembly, to be published once each week, in not less than one newspaper in each county of the state wherein a newspaper is published, once each week for six months, and until the second Tuesday in October, A.D. 1877; and in counties where more than one newspaper is published, the secretary of state is hereby authorized and required to publish the same in one or more newspapers other than the one in which it shall have been first published, under his direction, from the earliest time practicable, until the second Tuesday of October, 1877; provided, that in counties where the newspapers represent each of the leading political parties, then such amendments shall be published in at least one newspaper of each political party. SEC. 5. The charges for publication shall not exceed sixty per cent. of the rates established in section one of the act. To fix the price of legal advertising," passed March 25, 1876. The cost of publishing shall be paid out of the state treasury, upon the warrant of the auditor of state, upon vouchers approved by the commissioners of the respective counties where the publication is made, from money in the treasury not otherwise appropriated. SEC. 6. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed April 30, 1877. President of the Senate. AN ACT Supplementary to the act to require mortgages or bills of sale of personal property to be deposited with township clerks. Record of chattel mortgage or bill sale. Person depositing same shall pay Township clerk shall record credit, fees. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any chattel mortgage or bill of sale shall be deposited with any township clerk in this state, as provided by law, it shall be the duty of such township clerk to record the same, at the expense of the person depositing such mortgage, in a book to be provided for that purpose at the expense of the township, and he shall be entitled to receive therefor, from the person depositing such chattel mortgage, the sum of forty cents; and when any such mortgage or bill of sale is refiled for the purpose of extending the lien, as provided by law, such township clerk shall enter on the margin of such record any affidavit, credit or statement, which may have been placed thereon since it was recorded, and he shall receive therefor the further sum of twenty-five cents. A certified copy of such record shall be received as evidence in all the courts of this state; and when such mortgage or bill of sale shall have been satisfied, the party holding the same shall forthwith notify the township clerk of that fact, and said clerk shall, without delay, note such cansellation and satisfaction of such chattel mortgage or bill of sale upon the margin of the record thereof, without charge of mortgage, therefor. SEC. 2. This act shall take effect on its passage. Speaker of the House of Representatives. C. H. GROSVENOR, H. W. CURTISS, President of the Senate. etc. Record shall be received as evidence. Cancellation etc. Passed April 30, 1877. AN ACT To provide for the purchase and distribution of the four volumes of J. R. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the secretary of state is hereby authorized and Secretary of tate shall purchase statutes of Ohio. directed to purchase (of Robert Clarke and company, of Cincinnati, Ohio), for the use of the state, three hundred copies each of volumes one, two, three, and four, of J. R. Sayler's statutes of Ohio, at the price of four dollars per volume: provided, said volumes shall contain all the statutes of this state of a general nature passed by the general assembly from -, together with a copious index of the whole, and How bound, shall be printed and bound in uniform style as per sample copy furnished. and index. How paid for. How distributed SEC. 2. Upon the delivery of said three hundred copies each of said volumes to the secretary of state, and upon his certifying that said volumes have been edited, printed, and bound, as provided in section one of this act, the same shall be received by said secretary, and shall be paid for out of the treasury upon the warrant of the auditor of state, upon the presentation of said certificate given by said secretary for said volumes. The secretary of state shall preserve said statutes subject to distribution according to law, and shall keep a record of said distribution. SEC. 3. The secretary of state shall cause to be distributed in the same manner as the general laws are now distributed, copies of said volumes, as follows: To the offices of the governor, attorney general, secretary of state, treasurer of state, auditor of state, clerk of the supreme court and of the court of common pleas of each county, each one set of four volumes, said volumes to be the property of the state, and to remain in said offices. There shall be placed in the state library six sets of four volumes. One set of four volumes shall be given to each of the following officers, for their own use: The governor, lieutenant governor, attorney general, each supreme judge, each of the members of the codifying and supreme court commission. At the opening of each regular, adjourned, and extra session, of the general assembly, the secretary of state shall deliver to the sergeant-at-arms of the senate and to the sergeant-at-arms of the house of representatives, for the use of each member of the general assembly and presiding officers, one set each of said statutes of four volumes, during said session, and it shall be the duty of said sergeant at-arms at the close of such session to redeliver all such copies to the secretary of state. SEC. 4. No copies of said volumes so purchased shall be sold or in any way disposed of except as in this act provided, but the governor shall have power to direct the secretary of state to exchange sets of said statutes, not exceeding thirtysix sets in number, for the statutes of other states. SEC. 5. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed April 20, 1877. President of the Senate. |