had been then in force; and said township and town clerks respectively, shall forthwith determine from such returns who such electors are, and notify them of their selection, a record whereof they shall make in their minutes. J. R. COCKERILL, Pro tem. Speaker of the House of Representatives. SAM'L F. HUNT, Passed April 12, 1870. AN ACT To authorize the board of public works to lower three or more culverts along the National Road in Madison county. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works are hereby authorized and directed to lower three or more culverts along the National Road in Madison county, to such a depth as the agricultural interests of the locality require, and giving preference to such of the culverts as are most seriously damaging to the agricultural interests of the county. Culverts to be lowered in Madison county. How work Sec. 2. Said board of public works are authorized to let the whole or any part of said work by contract, to the lowest shall be done responsible bidder, or to cause the same to be done under the supervision of some judicious and competent superintendent, as they may deem best for the interests of the state. SEC. 3. To enable the board of public works to carry into effect the provisions of this act, a sum of money, not exceeding five hundred dollars, is hereby appropriated, to be drawn from the canal fund, on the certificate of said board. SEC. 4. This act to be in force on and after its passage. Pro tem. Speaker of the House of Representatives. SAM'L F. HUNT, Appropria tion therefor. Passed April 12, 1870. AN ACT Suplementary and amendatory to an act for the better regulation of the public schools in cities, towns, &c., passed February 21, 1849. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That at every election held under the act for the better regulation of public schools in cities and towns, passed February 21, 1849, a poll book shall be kept, and the 4-LAWS. notice of every such election shall specify the time, place, and continuance of the election; which continuance shall not be less than three hours, and that the day of the annual election may be determined by the respective boards. SEC. 2. This act to take effect and be in force from and after its passage. J. R. COCKERILL, Pro tem. Speaker of the House of Representatives. SAM'L F. HUNT, President pro tem. of the Senate. Passed April 12, 1870. Repeal. AN ACT To repeal an act entitled "an act supplementary to the act entitled an act to preserve the purity of elections,' passed March 20, 1841; passed May 6, 1869. (O. L., 1869, vol. 66, page 119.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the act passed May 6, 1869, entitled "an act supplementary to the act entitled an act to preserve the purity of elections," passed March 20, 1841, be and the same is hereby repealed. SEC. 2. This act to take effect from and after its passage. Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 14, 1870. Repea AN ACT an act To repeal an act passed April 16, 1868, entitled supplementary to the act entitled an act to preserve the purity of elections,' passed March 20, 1841, and to protect the judges of elections in the discharge of their duties." (O. L., 1868, p. 97.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the act passed April 16, 1868, entitled an act supplementary to the act entitled 'an act to preserve the purity of elections,' passed March 20, 1841, and to protect the judges of elections in the discharge of their duties," be and the same is hereby repealed. SEC. 2. This act to take effect from and after its passage. Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 14, 1870. AN АСТ Supplemental and amendatory to the act to preserve the purity of elections, passed March 20, 1841, (S. & C. page 543) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any judge or clerk of any election under the laws of this state, or any other person or persons who shall at any time willfully, knowingly, and with fraudulent intent, inscribe, write, or cause to be inscribed or written, in or upon any poll-book, tally sheet, tally list, in or upon any book or paper purporting to be such, or upon any election returns under the laws of this state, or upon any book or paper containing the same, the name or names of any person or persons not entitled to vote at any such election, or not voting thereat, or any fictitious name with intent to defeat, hinder or prevent a fair expression of the will of the people at such election, shall, upon conviction thereof, be imprisoned in the penitentiary, and kept at hard labor, not more than three years nor less than one year. SEC. 2. Any person or persons who shall, at any time, have in his or their possession any falsely made, altered, forged, or counterfeited poll-book, tally sheet, tally list, or election returns of any election under the laws of this state, knowing the same to be falsely made, altered, forged or counterfeited, with intent to hinder, defeat, or prevent a fair expression of the popular will at any such election, shall, upon conviction thereof, be imprisoned in the penitentiary, and kept at hard labor, not more than three years nor less than one year. SEC. 3. That sections 19, 20 and 21 of the above recited act be amended so as to read as follows: Section 19. It shall be the duty of the judges of the election, or one or more of them, in the presence of and under the direction and supervision of the others, immediately before proclamation is made of the opening of the polls, to open the ballot boxes in the presence of the people there assembled, extending at the same time, to such as may desire it, the privilege of examining the same in the presence of said judges, and turn said ballot boxes upside down, so as to empty them of any thing that may be in them, and then lock them, all of which shall be done in the presence of and in full view of the people so assembled as aforesaid, and said ballot boxes shall not be re-opened until for the purpose of counting the ballots therein at the close of the polls. Penalty for Section 20. Any person or persons who shall, either before or after proclamation is made of the opening of the polls, fraudulent fraudulently put a ballot or ticket into the ballot box, shall, voting. on conviction thereof, be imprisoned in the penitentiary, and kept at hard labor, not more than three years nor less than one year. Penalty for fraudulent deposit of ballot. Section 21. Any judge or judges of the election who shall, after proclamation made of the opening of the polls, put a ballot or ticket into the ballot box, except his or their own ballot or ticket, or such as may be received in the regular discharge of his or their duties as such judge or judges, or who shall knowingly permit any ballot or ticket, fraudulently placed or deposited in such ballot box by any other person or persons, to remain therein or be counted with the legal votes cast at such election, shall, upon conviction thereof, be imprisoned in the penitentiary, and kept at hard labor, not more than three years nor less than one year. SEC. 4. Sections 19, 20 and 21 of the above entitled act are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. SAM'L F. HUNT, President pro tem. of the Senate. Passed April 14, 1870. Commission ers, &c., may contract for delivery of materials, &c. The same as to villages. AN ACT To authorize county commissioners and councils of incorporated villages to contract for the delivery of material for the construction of roads and the improvement of streets in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any case where county commissioners, in contracting for the construction of turnpike roads, under any of the laws now in force, shall find it necessary, by reason of the inconvenient location of the gravel or stone for the construction or repair of such roads, to have the gravel or stone transported to convenient points, by rail, they are hereby authorized to make such contract for transportation, at public sale, as will best subserve the public interest. The cost of such material, and the transportation of the same, shall be paid from the county treasury, by order of the commissioners, from any funds applicable to the construction of said roads, and the same shall be taken into the estimate of any contract price, at the time of the sale of said roads: provided that any contracts heretofore entered into, for the purpose above named, and remaining uncompleted, shall be held to fall within the provisions of this act. SEC. 2. That councils of incorporated villages, where material for graveling and macadamizing the streets will have to be transported by rail, shall have like power with county commissioners in case of turnpike roads. SEC. 3. This act shall take effect from its passage. Speaker of the House of Representatives Passed April 14, 1870. President pro tem. of the Senate. AN ACT To extend the time for the completion of unfinished railroads. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases in which any railroad company heretofore incorporated has been duly organized under any law of this state, and has commenced in good faith the construction of any portion of its railroad, and has made expen ditures thereon, and the act incorporating said company, or any law of this state, requires the completion, sufficient for use, of said railroad, or any part thereof, within any limited period after the passage of the act incorporating such company, or after the organization thereof, and such company has not so completed said railroad or such specified part thereof within said limited period, and such period has not expired, or has been temporarily extended by order of any court of competent authority or by act of the legislature of the state of Ohio, it shall be lawful for said railroad company to proceed in the construction of said railroad or such part thereof, and complete the same at any time within five years from and after the expiration of the time limited by the laws in relation thereto : provided, however, that the provisions of this act shall not apply to any railroad company that has completed and operated any portion of its road under its original or amended charter, and has for ten years previous to the passage of this act, abandoned or suspended work upon the remaining portion of its line of road. SEC. 2. This act shall take effect from its passage. President pro tem. of the Senate. Time for completing roads extended. Passed April 14, 1870. AN ACT To Establish "Ohio Soldiers' and Sailors' Orphans' Homes." SECTION 1. Be it enacted by the General Assembly of the Governor to State of Ohio, That the governor of the state shall, imme- appoint diately upon the passage of this act, appoint, by and with board of the advice and consent of the senate, seven citizens, who managers. shall constitute the board of managers of the Ohio Soldiers' and Sailors' Orphans' Homes, whose term of office shall be for five years, and until their successors are appointed and qualified, except those first appointed, one of whom shall hold his office for one year, one for two years, one for three years, two for four years, and two for five years, commencing |