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vacation, shall have power to grant like alimony during the pendency of said case, on appeal upon like notice being given. SEC. 2. That section nine of the above recited act, be and the same is repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.

J. C. LEE,

Passed March 1, 1870.

President of the Senate.

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AN ACT

To amend section one of an act entitled "an act to authorize the adoption of children," passed March 29, 1859. (Swan & Critchfield, page 506.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited ac passed March 29, 1859, be so amended as to read as follows:

Section 1. That any inhabitant of this state not married, or any husband and wife jointly, may petition the probate court of their proper county for leave to adopt a minor child not theirs by birth, aud for a change of the name of such child; but a written consent must be given to such adoption by the child, if of the age of fourteen years, and by each of his or her living parents who is not hopelessly insane, intemperate, or has not abandoned such child; if there be no such parents, or if the parents shall be unknown, or have abandoned such child, or if such parents are hopelessly insane or intemperate, then by the legal guardian; if there be no such guardian, then by a discreet and suitable person appointed by said court to act in the proceedings as the next friend of such child: Provided, that when such child shall be an inmate of any orphan asylum organized under the laws of this state, and shall have been previously abandoned by its parents or guardians, or shall have been voluntarily surrendered by its parents or guardians to the trustees or directors of such asylum, then the written consent of the president of the board of trustees, or directors of such asylum, shall be received by the probate court in the place of the consent of the parents or guardians, as herein before provided.

SEC. 2. That section one of the above recited act be and the same is hereby repealed.

SEC. 3. This act shall take effect from and after its passage.
A. J. CUNNINGHAM,

Speaker of the House of Representatives.

J. C. LEE,

Passed March 1, 1870.

President of the Senate.

AN ACT

To amend section three (3) of "an act supplementary to an act making certain instruments of writing negotiable," passed February 25, 1820, and as amended March 26, and took effect June 2, 1861, (58 vol. stat. 41; S. & S., 490.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above entitled act be so amended as to read as follows:

Section 3. That the following days, namely, the first day of January, the fourth day of July, the twenty-fifth day of December, and any day appointed or recommended by the governor of this state, or the president of the United States, as a day of fast or thanksgiving, shall, for all purposes whatsoever, as regards the presentment for payment or acceptance, and the protesting or giving notice of non-acceptance or of non-payment of all bonds, notes and bills, made negotiable by the act to which this is supplementary, and falling due after this act takes effect, be treated and considered as the first day of the week; provided, that when the first day of January, the fourth day of July, or the twenty-fifth day of December shall be the first day of the week, the succeeding Monday shall, also, for the same purposes, be treated and considered as the first day of the week.

SEC. 2. That section three of the above entitled act, passed March 26, 1861, be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage.

J. R. COCKERILL,

Speaker pro tem. of the House of Representatives.
SAM'L F. HUNT,

Days to be regarded as holidays.

President

pro tem. of the Senate.

Passed February 8, 1870.

AN ACT

To authorize the investment of interest accumulating on the agricultural college fund.

vestment of

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of state be and is required to compute the interest which has accrued and will accrue on Computathe agricultural college scrip fund since the same has been tion and insold, to July first, one thousand eight hundred and seventy, compounding the same by semi-annual rests on the first day of January and the first day of July in each year; and on the fifteenth day of June, eighteen hundred and seventy, to transfer the sum so arising to the said college fund, and invest the

interest.

The same.

same in the interest bearing bonds of the state, in the same manner as the principal of the said fund is now invested.

SEC. 2. That on the first day of July, eighteen hundred and seventy, and every six months thereafter (viz: on the first day of January and July, respectively,) the auditor of state shall invest the interest of said funds falling due in the same manner as the principal is now invested.

SEC. 3. This act to take effect and be in force from and after its passage.

J. R. COCKERILL,

Speaker pro tem. of the House of Representatives.
SAM'L F. HUNT,

President

pro tem. of the Senate.

Passed February 10, 1870.

Salary of judge.

AN ACT

To amend the 21st section of an act entitled "an act to establish the superior court of Montgomery county." (S. & C., vol. 1, page 892.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the 21st section of said act be so amended as to read as follows:

Section 21. The judge of said superior court of Moutgomery county shall be entitled to receive, annually, the sum of twenty-five hundred dollars, payable in equal installments at the state treasury on the second Monday of August, the second Monday of November, the second Monday of February, and on the second Monday of May.

SEC. 2 Section 21 of said above mentioned act is hereby repealed. This act shall take effect from and after its passage.

J. R. COCKERILL,

Speaker pro tem. of the House of Representatives.

SAM'L F. HUNT,

President pro tem. of the Senate.

Passed February 17th, 1870.

AN ACT

Prescribing the rates of taxation for state purposes for the year 1870.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be levied for the current year for state purposes, on each dollar of valuation of the taxable property in this state, as valued and entered on the grand list of taxable property, taxes at the rate herein specified:

state government.

For the ordinary expenses of the state government, includ- Expenses ing the expenses of the benevolent institutions, and other charges on the general revenue, one mill and five-tenths of a mill.

For the sinking fund, applicable to the payment of the Sinking fund. principal and interest of the debts of the state, one mill and two-tenths of a mill; and

For the support of common schools, one mill and three- Common tenths of one mill.

SEC. 2. This act to take effect on its passage.

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schools.

Passed February 19, 1870.

AN ACT

In relation to Islands in the Great Miami river.

&c.

SECTION 1. Be it enacted by the General Assembly of the Occupants State of Ohio, That in the case of such islands in the Great entitled to Miami river, belonging to the state of Ohio, or any state preference, lands adjacent thereto, which are in the actual and exclusive occupancy of any person or persons who have made improvements thereon, or of their heirs or assigns, such occupants thereof shall have the preference right to enter the same at seven dollars and fifty cents per acre, on making proof of the facts to the satisfaction of the auditor of state, and paying for the land within six months from the passage of this act, and deeds shall be executed and delivered for the tracts so entered as usual in entries of canal lands.

SEC. 2. This act to take effect from its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
J. C. LEE,

Passed March 12, 1870.

President of the Senate.

AN ACT

To punish the crime of mutilating or changing public

records.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if any person shall willfully and maliciously alter, deface, mutilate, destroy, abstract or conceal any record, or part thereof, authorized to be made by any law of this state, of or pertaining to any court, justice of the peace, or any state, county, township or municipal office or officer, or any other public record so authorized, or any paper 2-LAWS.

Penalty for

altering, etc. public records.

Prosecution by indictment.

or writing duly filed with, in or by any such court, justice of the peace, office or officer, every such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding three hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, at the discretion of the court; and shall, moreover, be liable to the party injured in an action for damages.

SEC. 2. That all prosecutions under this act shall be by indictment in the court of common pleas of the proper county. And this act shall take effect on its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
J. C. LEE,

Passed March 12, 1870.

President of the Senate.

Deposits,

and limitation.

Investment of funds.

AN ACT

To amend an act entitled "an act to incorporate Savings Societies," passed April 16, 1867, and amended March 19, 1868 [vol. 65, p. 27].

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section eleven of the above recited act be amended so as to read as follows:

Section 11. Every such society may receive on deposit, for the use and benefit of the depositors, all sums of money offered for that purpose, but it shall not hold at the same time more than five thousand dollars of one depositor, other than a religious or charitable corporation, administrator, executor or guardian.

SEC. 2. That section twelve of the above recited act, as amended March 19, 1868, (S. & S. p. 193) be so amended as to read as follows:

Section 12. The funds of such society may be invested in first mortgages of real estate, situate in this state, in sums not exceeding three-fifths the value thereof, exclusive of buildings, or loaned on any stocks or securities, for the redemption or payment of which the faith of any county, city or municipal corporation or board of education in this state is pledged, which shall have been issued pursuant to the authority of any law of this state, and any such loan, so made, shall not exceed in amount ninety per cent. of the cash value of such stocks or securities. Should the stocks or securities above mentioned depreciate in value, it shall be the duty of the trustees of any savings society to require the immediate payment of any loan made by them thereon, or additional security therefor, so that at all times the amount so loaned shall be at least ten per cent. less than the cash value of such stocks or securities; and it shall be the duty of the trustees to make all such loans and contracts on the terms and conditions aforesaid; or the funds of such society may be invested in public funds of this state or of the United

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