SEC. 3. That the said council of said village is hereby authorized to levy a tax annually, on all taxable property within the corporate limits of said village to pay said bonds, together with interest thereon, as they shall become due, which levy shall be placed on the tax duplicate by the auditor of said county and collected as other taxes. SEC. 4. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, President of the Senate. Passed April 16, 1879. [House Bill No. 828.] AN ACT To authorize the council of the incorporated village of Mt. Sterling, Madison county, Ohio, transfer money from the sewer fund to the sinking fund. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of the incorporated village of Mt. Sterling, Madison county, Ohio, be and they are hereby authorized to permanently transfer from the sewer fund of said village the sum of five hundred and ninety-six dollars and thirty-two cents ($596.32) to the sinking fund. SEC. 2. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, President of the Senate. Passed April 16, 1879. [House Bill No. 838.] AN ACT To change the time for holding the second term of the court of common pleas in the county of Mercer for the year 1879. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the time for holding the second term of the court of common pleas, in the county of Mercer, as fixed by the judges of the third judicial district, be and the same is hereby changed; and that said term shall be held on the twenty-fifth day of August, A. D. 1879, instead of the day as fixed by said judges. SEC. 2. This act shall take effect from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Passed April 16, 1879. President of the Senate. [House Bill No. 943.] AN ACT To authorize the board of education of the village of Millersburg to borrow money and levy a tax to pay indebtedness, and repair school-house. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of education of the village of Millersburg, in Holmes county, be and they are hereby authorized to borrow any sum of money, not exceeding three thousand dollars, necessary to pay the existing indebtedness of said board, and repair their school-house, and to issue bonds therefor bearing interest not exceeding seven per centum per annum, payable annually, to be signed by the president, and countersigned by the clerk of said board, and to be in amounts and payable at times, to enable the board to pay the same by the levy hereby authorized; and to pay said bonds, and the interest thereon, said board are hereby authorized to levy a tax of two mills on the dollar of valuation of the property within said district, for three consecutive years, in addition to the levy now authorized by law. SEC. 2. This act shall take effect from its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed April 16, 1879. [House Bill No. 843.] President of the Senate. AN ACT To authorize the trustees of Hiram township, Portage county, to build a vault and provide means for the pas ment of the same. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of Hiram township, Portage county, be authorized to levy and assess a tax upon all the taxable property in said township to the amount of fifteen hundred dollars, for the purpose of building a vault for the reception of the dead, the same to be built under the direction of the township trustees: provided, that the trustees shall first submit the question of tax or no tax, for the above named purpose, to the qualified electors of the township at some regular or special election, having given at least twenty day notices of the same in at least ten public places in the township, which notice shall state the amount to be raised, and for what purpose. SEC. 2. The electors voting at such election shall have written or printed on their ballots the words, "Tax for the purpose mentionedYes," or, "Tax for the purpose mentioned-No;" and if a majority of all the voters voting at the election upon the question submitted, shall vote tax yes, this act shall thereupon be considered and holden to be adopted by such majority. SEC. 3. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed April 16, 1879. President of the Senate. [Senate Bill No. 329.] AN ACT To authorize the commissioners of Brown county, Ohio, to construct certain free turnpike roads. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Brown county, Ohio, be and they are hereby authorized to construct the following free turnpike roads. First road to begin at the intersection of the old state road, with the Ripley and Bradysville turnpike, near Hiett's post office in said county, thence with said state road, nearly as practicable to the bridge across Eagle Creek and Neal's store, thence with said road crossing the west fork of Eagle Creek near Stephenson's mill to the village of Decatur. Second road: to begin at the Highland county line near J. L. Berger's mill, and running on the old road as nearly as practicable to the Clermont county line near Logtown. Third road: to begin at Feesburg in said county, and running on the old road as nearly as practicable to the Georgetown and Hamersville free turnpike road. Fourth road: to begin at a point on the Russelville and Winchester free turnpike road, east of Russelville, thence in a southeastern direction. so as to pass near Pilson's mill to a point on the Ripley and Trunquility turnpike, near E. David on's, also the extension of the same, beginning at the northwest corner of the public square in the village of Decatur in said county, and running on the old state road east to the Adams county line, and intersecting with the west Union and Decatur turnpike. Fifth road: to begin at the junction of the Higginsport and St. Creek and Georgetown and Higginsport free turnpike roads, and continuing to the junction of the Higginsport and Utopia and the Higginsport and Bullskin free turnpike roads. Sixth road to begin at a point near Jacob Bowers, on the Ripley and Bradysville pike, and following the old Maysville road as nearly as prac ticable to the Hungington turnpike. Seventh road: beginning at the village of New Hope, and running eastward on the old state and county road, via of Mrs. Applegate's farm, crossing White Oak creek, near Robert Browns, as nearly as practicable to the old Wardlow ford, and continuing on said road, crossing the Cincinnati and Eastern R. R. near White Oak station, to the Highland county line, north of R. C. Peddicords. SEC. 2. That said county commissioners may, if they deem it best, issue bonds for the construction of said roads: provided, said bonds shall bear interest at a rate of six per cent. per annum, payable semi-annually, and shall not be sold for less than their par value: provided, further, that not more than twenty per centum of the cost of said improvement shall be assessed in any one year. SEC. 3. That said commissioners shall, before proceeding to construct said roads, or any one or parts of same, require and secure from those interested in said improvements, a subscription or donation equal in amount to twenty per centum of the cost of said improvements to aid in the constuction of the same, or in lieu thereof may cause those interested in said improvements to grade and culvert said roads or parts of roads ready for the material for the same. SEC. 4. That for the purpose of paying said bonds the county commissioners are hereby authorized to levy and assess a tax not exceeding one mill on the dollar, annually, on any and all property in said county, excepting such lands as have heretofore been assessed for the construction of any free turnpike or improved road or roads already constructed, unless the amount that would be ratably levied upon the said lands shall exceed the amount of such assessment. SEC. 5. That a majority of the said board of commissioners shall, at a regular session, be necessary to agree upon specifications, and order said improvements or any part thereof. SEC. 6. This act shall take effect and be in force from and after its passage. Passed April 22, 1879. JAMES E. NEAL, Speaker of the House of Representatives. President of the Senate. [House Bill No. 812 ] AN ACT To provide for the straightening, clearing out, widening, deepening, and otherwise improving Mud creek and Greenville creek, also their tributaries, in Darke county, Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of Darke county, Ohio, shall have power at any regular or called session, whenever, in their opinion, the same is demanded by or will be conducive to the public health, convenience, or welfare, or for the drainage of public roads or lands in said county, to cause to be cleared out, widened, deepened, straightened, constructed, and improved, as hereinafter provided, the following described ditch, drain, or water courses, known as Mud creek and Greenville creek, commencing at the junction of the two tributaries of Mud creek, in the west half of the northwest quarter of section 28, town 11, range 2, east, in the present Mud creek ditch; thence down on or near the present line of said ditch or Mud creek, to its junction with Greenville creek; thence down on or near the present line or route of said Greenville creek, until a sufficient fall and outlet is obtained for the thorough drainage of lands along said streams and their tributaries, dependent on the mains, Mud creek, and Greenville creek, for an outlet. SEC. 2. That whenever one or more persons owning lands adjacent to said ditch or ditches, drain or drains, water-course or water-courses, referred to in section one (1) of this act, shall file a petition with the auditor of Darke county, Ohio, addressed to the commissioners of said county, giving the starting point, route, and terminus, and setting forth the necessity of such clearing and widening, deepening, straightening, and constructing the same, and shall file a bond, with amount and sureties to the acceptance of the said auditor, conditioned to pay all the costs and expenses incurred, in case the commissioners shall refuse to grant the prayers of the petition, or fail to establish said improvement, the commissioners shall appoint an engineer to survey and level the route of said proposed improvement as described in the petition; and the auditor shall place a correct copy of said petition in the hands of the engineer whom the commissioners shall have appointed, and said engineer shall thereupon take to his aid the necessary assistance, and proceed to make an accurate survey and level of the route of said proposed improvement throughout the whole length thereof, and on completion of said survey and level shall return to the county auditor a plat and profile of said proposed improvement, together with a complete report of his survey, which shall set forth, in order, a definite description of the proposed improvement, its availability and necessity, with a description of each parcel or tract of land, road, or railroad benefited by said improvement, how it will be affected thereby, and the estimated expense of said improvement, and the lots and tracts of land, roads, or railroads which will be benefited thereby, and which should be assessed for the expense of constructing the same, and the depth of excavations, and the dimensions of said ditch, drain, or water-courses; and such estimated expense of construction shall be made for each half mile of said improvement, and the same shall not be sold for more than twenty per cent. above said estimate. The profile of the engineers shall show: 1. The surface line, the grade line fixed, and the number of each station and the length of each section thereof, of not more than one hundred (100) feet, numbered in a series down stream. 2. A line representing the present depth of the ditch, drain or watercourses covered by and mentioned in the petition for the improvement proposed. 3. The depth and a cross section (each half mile) of the ditch, drain, or water-course which the said engineer shall recommend to complete the improvement suggested by and prayed for in the petition. The said engineer shall give in his report the actual number of cubic yards of earth to be removed, also specify the manner in which the work shall be done, the necessary flood-gates, water-ways, bridges, and farm-crossings, which are to be constructed and kept up by the persons requiring them or either of them, in such manner that the flow of water in said ditch, drain, or water-courses shall not be impeded thereby, together with such other facts and suggestions as he may deem material. It shall be the duty of the county auditor, on such report being filed, to cause notice of the same, the pendency and prayer of said petition, and the time set for the hearing thereof by the county commissioners, at which time they will establish the same, to be given by publication for two consecutive weeks in some newspaper published and of general circulation in Darke county, and said notice shall be deemed sufficient to all non-resident land-owners interested, and a like notice shall be served on all resident land-owners, or corporations interested, at least six days prior to the day set for hearing, by one of the petitioners, who shall make a return in the original notice, under oath, of the manner and time of serving said notice. SEC. 3. That any person or persons claiming compensation for lands or property appropriated, or who shall sustain any damage by the clearing out, widening, deepening, straightening, or constructing of such drain, ditch, or water courses shall make his, her, or their application in writing therefor to the county commissioners, and file the same with the county auditor, on or before the day set for hearing the petition, and on failure to make such application, shall be deemed and held to have waived his, her, or their right to such compensation and damages. SEC. 4. Upon the hearing of the petition and report of the engineer, as mentioned in section two of this act, the commissioners shall, if they |