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62d General Assemhly,

Adjourned Session

S. B. No. 282.

MR. ANDREWS.

A BILL

To amend section one [1] of an art entitled "An act providing for the

election of county au litors, and prescribing their duties," passed April 18, 1870.

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Section 1. Bit enacted by the General Assembly of the State of Orih, Taut section one of an act en itled ai scribing the duties of ounty auditors," be an nded so as to read as follows:

Suction 1. That there shall hereifter be elected by the qualitiei electors in each county in this stite, on the second Tuesliy in October, triennially, one county auditor for such county, who shall hold his offi:for three years from second Mindiy in November next after his election: provided that county auditors now in oflice shell serve during the term for which they were elected.

Sec. 2. Thit said original section one be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage.

In sen ite, pussed March 23, 1877.
Attest:

J. C. DONALDSON,

Clerk. In house of representatives, passed May 1, 1877. Attest:

M. LEONARD,

Clerk.

STATE OF Ouro, DEPARTMENT OF STATE,

COLUMBUS, May 25, 1077. Hox. Jony LITTLE, Attorney-General, Ohio:

Sir: I huve the honor here with to request yonr opinion and direction in the premises upon the following statement of facts, to wit:

I bave this diay received from the enruiling clerk of the senate, to be filed in this ofiice, the foregoing, which pupuris to be the engrossedi senate bill, number 2-2, entitled "A bili to amend section one of an act providing for the election of county auditurs, aud prescribmg their duties," passed April 19, 1870.

Said bill purports tu bare been passed by the senate and house of representatives of the sixty-second general assembly of Ohio, and bears the following indorsements, to wit:, "Lu souate, passed March 27, 1877. Attest: J. C. Donaldson, clerk;" als), “ In house of representatives, passed May 1, 1377. Attest: Wm. Leopard, clerk.". In this connectivii I am in forin :d that the jurnals of the seate and house of representatives show that a bill, such as this purports to be, was passed, properly enrolled, and duly signed by the presiding officer of each of the two houses aforesaid, bit aut spreall upou the journal or either house, and no such enrolled bill was presented or tiled in tbis office, and, it appears, can not now be found; therefore,

l'irst-Has the bill, under the circumstances, as above stated, any validity as a law of the state?

Second-Can the defects referred to be cured by the certificate, or other action of the secretary of state, embodying the facts in relation to the same!

Third-What is the duty of the secretary of state in such case as to the publication of such biil in the annual volume of the laws, passed by the general assembly aforı said ? Your early attention to the foregoing inquiries will greatly oblige, Very respecifully, your obedient servant,

MILTON BARNES,

Secretary of State.

STATE OF OHIO, ATTORNEY-GENERAL'S OFFICE,

COLUMBUS, June 9, 1877. Hon. Milton BARNES, Secretery of State :

SIR: In yours of the 25th ult. you state that, since the adjournment of the general assenbly, you have received from the enrolling clerk of the senate, to be filed in your office, what purports to be engrossed senate bill number 282, entitled "A bill to amend section one of an act providing for the election of county auditors, and prescribing their duties, passed April 18, 1070;" that said bill was upon it the following indorsements in writing, to wit: “In senate, passed March 28, 1877. Attest: J.C. Donaldson, clerk." “ In house of reprezentatives, passed May 1, 1877. Attest: Wm. Leonard, clerk;" that the journals of the houses show that a senate bill by said number and title did pass both bouses as indicated by said indorsements; that the same was properly enrolled and duly sigved by the presiding officer of each house; but that such bill was not spread upon the journal of either house, nor was a copy of the enrolled bill thus signed, filed in, or received at your office.

And you ask my opinion as to whether said bill (the enrolled and signed copy being ilus apparently lost) became a law, and as to your duty respecting iis publication in the forthcoming volume of the laws. My conclusion upou the facts stated is, that the bill became aud is a law. The failure to deposit in the office of the secretary of state, as required by the joint rules of the two houses, did not affect its validity. The loss of an enrolled and signed bill, either before or after deposit (the effect would be the same in either case), can not certainly operate to repeal or do away with it. The practical difficulty (not insurmountable, I think) is one as to identity. How can it be legally established what' the law inscribed on the lost roll is * The law exists, but what is it?

As an aid in determining this question, and not as prima facie evidence, even, of what the act is, I advise you to publish in the current volume of the session laws, the engrossed bill in your possession, accompanied with a succinct statement of the lacts above mentioned.

Very respectfully,

Join LITTLE, Allorney-General.

LOCAL AND SPECIAL ACTS.

AN ACT

For the relief of P. M. Snell and G. L. McAdams. WHEREAS, On the thirteenth day of July, A.D. 1863, company F, of the first Ohio militia regiment, by Captain E. T. Ware, its commander, then acting under the orders of the governor of Ohio, took and impressed into the state service a team of horses and wagon, valued at two hundred dollars, belonging to the firm of Snell and McAdams, of Williamsburg township, Clermont county, Ohio, which team and wagon were never returned to said owners; therefore,

SECTION 1. Be it enactel by the General Asscmbly of the State of Ohio, That there is hereby appropriated out of any unappropriated money in the treasury of the state, the sum of two hundred dollars, in full payment of the claim of said firm, to be paid upon the warrant of the auditor of state.

SEC. 2. This act shall take effect and be in force from and after its passage

0. J. HODGE, Speaker pro tem. of the House of Representatives.

THOS. L. YOUNG, Passed February 15, 1877.

President of the Senate.

AN ACT

To authorize the creation of a special joint school district, composed of parts of Clay and

Jackson townships, Knox county, Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the territory comprised in sub-district number one, in Clay township, also the following described territory, to wit: Beginning on the line between Clay and Jackson townships, at the north-east corner of the lands of George W. Porterfield (except the twenty acres from Laughrey farm); thence west to the south-east corner of the lands of I. N. Mills, at Mt. Vernon road; thence north and north-west along Mt. Vernon road to Tomaky run; thence north on the west line of the lands of Samuel Harris to the north-west corner; thence east on the north line of the lands of the said Samuel Harris to the lands of James Edmiston; thence north to the north-west corner of said lands; thence east to said township line; thence south to the place of beginning in Clay township, Knox county, and sub-district number four in Jackson township, except the lands of Solomon Hamill, also the following described territory: Beginning on the township line at the corner of George W. Porterfield's lands as aforesaid ; thence north one-half mile; thence east one-half mile; thence south one-half mile; thence west one-half mile to the place of beginning in Jackson township, Knox county, Ohio, be and the same are hereby created and declared to constitute a special school district: provided, however, that a majority of the electors' residing within said territory shall vote in favor of said special school district, at an election to be held in the manner following:

SEC. 2. Written notice shall be posted in at least six of the most public places in said territory, signed by at least six resident electors of the same, requesting the qualified electors thereof to assemble on a day at least five days from the day of posting, and at an hour and place designated in said notices, then and there to vote for or against the creation of said special school district. The electors assembled at the time and place designated in said notices, shall appoint a chairman and two clerks, who shall constitute a board of election, which shall continue from the hour of two until the hour of six P.M. of said day. The electors in favor of the proposed special school district, shall write upon their ballots, "School-Vis," and those opposed thereto, “School—No," and a majority of the votes so cast shall determine whether or not the propust d special school district shall be created.

Sec. 3. If a majority of the votes cast at said election should be in favor of said special district, the electors shall, on the second Monday of April next after the pa:sage of this act (or as soon thereafter as would be practicable, giving due notice of the same), proceed to elect the board of education, consisting of three members, one for one year, one for two years, a nd one for three years, who shall hold their offices for the term specified, and until their successors are elected and qualified. The said special school district shall be governed in all respects by such laws as do now or may hereafter be in force relating to special school districts. SEC. 4. This act shall take effect from and afier its passage.

0. J. HODGE.
Speaker pro tem. of the llouse of Representatires.

THOS. L. YOUNG,

President of the Senate. Passed February 15, 1877.

AN ACT

To authorize the council (f the incorporated village of Kent, Ohio, to make a private

contract fo the colletruction of addnions 10 stone bridge, pe pored to le Luilt ly the con missioner of Blade (tuity, Ohio, acrere the Cuboga viver in raid village, to issue bonds and lonewmoney, and to levy a tax to lay said bonds.

WHEREAS, The commi-sioners of Portage county, Ohio, hare executed a contract with T. B Townsend for the construction by said Townsend of a triple arch stone bridge across the Cuyahoga river, at Main street, in the incorporated vilage of Kent; and,

WHEREAS, The council of said incorporated village of Kent are desirous of having said bridge built twenty (20) feet wider than the contract of said commissioners calls for, by the construction of ten (10) feet additions on each side thertof, and are desirous of making a private contract with said Townsend therefor; therefore,

Section 1. Be it inacted by the General Assembly of the State of Ohio, That the council of said incorporated village be and are hereby authorized and empowered to make a rivate contract with said Townsend for the construction of ten (10) feet additions on each side of said proposed bridge, at a cost not materially exceeding the pro rata agreed to be paid by the commissioners of said county fur said bridge, and the certificate of the

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corporation clerk on the back of said contract, as required by section 663 of the municipal code, as amended April 8, 1876, shall not be necessary to make said contract legal, valid, and binding.

SEC. 2. That for the purpose of raising money to pay for said additions to said bridge, said council be and are hereby authorized to issue and sell the bonds of said village. at not less than their par value, not exceeding eight thousand dollars in amount, and of such denominations as said council may determine, not less than one hundred dollars nor more than one thousand dollars each, signed by the mayor and clerk of said village, payable at such time as the council may determine, not exceeding ten years after date, bearing a rate of interest not exceeding eight per cent. per annum, payable annually.

Sec. 3. For the purpose of paying said bonds so authorized to be issued by this act, said council of said village are hereby authorized and empowered to levy a tax upon all the taxable property of said village, in addition to the amount already allowed by law, every year during the period said bonds have to run, sufficient in amount each year to redeem that portion of the bonds issued in pursuance of this act, that will fall due during said year, and all the accruing interest on said bonds, and the money so raised shall not be used for any other purpose.

SEC. 4. In order to carry into effect the objects of this act, the said council of the incorporated village of Kent, or their successors in office, shall have the right to contract with, and they are hereby empowered in the name and behalf of said incorporated village, to enter into contract with said commissioners of Portage county, or their successors in office, in behalf of said county, in reference to the extension, construction, connections, increased width of, and maintenance of said bridge, or any part or parts thereof, and the title to and control of the several parts, or any part thereof, when constructed, or in reference to any question as to the manner of constructing the same, and the several parts thereof, or any part thereof constructed or to be constructed by said commissioners for said county, as well as the parts constructed for or to be constructed by and for said incorporated village, and the said county commissioners shall have, and they are hereby empowered with like authority as is herein conferred upon said incororated village of Kent, to contract with said incorporated village of Kent for the purpose of carrying into effect the objects set forth in this section and in this act.

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.

THOS. L. YOUNG,

President of the Senate. Passed February 15, 1877.

AN ACT

For the relief of William Hodkinson, treasure of Parkman township, Geauga county, Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of Parkman township, Geauga county, Ohio, be and they are hereby authorized to cause to be levied upon the taxable property of said township, a tax sufficient in amount to refund the sum of one hundred

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