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SEC. 2. That, from and after the passage of this act, the market fund. city council of such city is hereby authorized and empowered to temporarily transfer any surplus moneys belonging to the market fund of such city to the armory fund created by this act; such transfer to be by ordinance passed for that purpose, and to be re-transferred in the same manner when the tax, or any portion thereof, shall be received from the levy for armory fund.

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.
JABEZ W. FITCH,

Passed April 10, 1879.

President of the Senate.

Counsel assigned for defense of prisoners

shall not be law partner of prosecuting attorney.

Partner of prosecuting attorney not to assist in prosecution.

[Senate Bill No. 241.]

AN ACT

To amend section six, chapter 5, title two, of an act entitled "an act to amend, revise, and consolidate the statutes relating to criminal procedure." (O. L., v. 74, page 340.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section be amended so as to read as follows: Section 6. After a copy of the indictment has been served or opportunity had for receiving the same, as provided in the last section, the accused shall be brought into court, and if he be without counsel, and unable to employ any, the court shall assign counsel, not exceeding two, who shall have access to the accused at all reasonable hours; but such counsel shall not be a partner in the practice of law of the attorney having charge of the prosecution, and any partner of the attorney having charge of a prosecution shall not be employed by or conduct the defense of any person prosecuted as aforesaid.

SEC. 2. The partner of any prosecuting attorney shall not assist in the prosecution of any criminal case, unless assigned to such prosecution by the court before which the same is being or is to be tried.

SEC. 3. Said section six is hereby repealed, and this act shall take effect and be in force from and after its passage.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,

Passed April 10, 1879.

President of the Senate.

[House Bill No. 824.]

AN ACT

To amend section nineteen of the act entitled "an act for the incorporation of townships," passed March 14, 1853. (51 vol., Stat., 489.)

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

Township treasurer

and superintendents of roads to give bond.

fix bond.

Section 19. That each and every person elected and qualified to the office of township treasurer, and to the offices of supervisors of roads and highways, shall, previous to entering on their offices, respectively give bond, with security, to the trustees of such township, and their successors in office, in such sum as the trustees may deem proper, conditioned for the faithful receiving and payment over of all moneys Trustees to which may come into their hands, and for the faithful performance of their duties by virtue of their office, and the trustees of any township may require the township treasurer to give additional security, on his previously accepted bond, whenever in the opinion of a majority of said trustees the existing security shall have become insufficient, and if the treasurer shall fail to give such additional security to the satisfaction of said trustees within ten days after he shall have been notified in writing by said trustees that he is required to do the same, then the office shall be declared vacant, and shall be filled as provided in section twenty of this act; said bonds shall be lodged with the clerk of the township, and if the said bonds, or any of them, shall become forfeited, the township clerk, by order of the trustees, is hereby authorized and required to sue for and collect the same for the use of the township, or any person or party entitled to the same.

SEC. 2. That section nineteen of the above recited act is hereby repealed, and this act shall take effect and be in force from and after its passage.

JAMES E. NEAL,

Speaker of the House of Representatives.

JAMES W. OWENS,

President pro tem. of the Senate.

When the office may be declared vacant.

Bringing suit for payment of forfeited bonds.

Passed April 11, 1879.

[House Bill No. 686.]

AN ACT

Relating to surveys authorized by the congress of the United States, in the state of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person employed in the execution of any survey authorized by the congress of the United States, may

Granting privileges to

persons in the employ of congress.

Assessing damages.

Damages in case of appeal to court.

Costs allowed. Penalty for willfully defacing, injuring, or removing any signal, etc.

enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any work which may be necessary to carry out the objects of existing laws, and may establish permanent stations, marks, and erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.

SEC. 2. If the parties interested cannot agree upon the amount to be paid for damages caused thereby, either of them may petition the probate court in the county in which the land is situated, which court shall appoint a time for a hearing as soon as may be, and order at least fourteen days' notice to be given to all parties interested, and with or without a view of the premises, as the court may determine, hear the parties and their witnesses, and assess damages.

SEC. 3. The person so entering upon land may tender to the injured parties damages therefor, and if, in case of appeal to the probate court, the damages finally assessed do not exceed the amount tendered, the persons entering shall recover costs; otherwise the prevailing party shall recover costs.

SEC. 4. The costs to be allowed in all such cases shall be the same as allowed according to the rules of the court.

SEC. 5. If any person shall willfully deface, injure, or remove any signal, monument, building, or other property of the United States coast survey constructed or used under or by virtue of the acts of congress aforesaid, he shall forfeit a sum not exceeding fifty dollars for each offense, and shall be liable for damages sustained by the United States in consequence of such defacing, injury, or removal, to be recovered in an action in the case in any court of competent jurisdiction.

SEC. 6. This act shall take effect from and after its passage.

JAMES E. NEAL,

Speaker of the House of Representatives.

JAMES W. OWENS,

Passed April 12, 1879.

President pro tem. of the Senate.

When a teacher may sue a subdistrict.

[House Bill No. 710.]

AN ACT

To amend an act supplementary to an act entitled "an act for the reorganization and maintenance of common schools," passed May 1, 1873, and revised May, 1875.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if the directors of any sub-district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such sub-district, and if on the trial of the cause, a judgment be obtained against the sub-district, the directors thereof shall certify to the clerk of the

board the sum so found due, and he shall issue an order to the person entitled thereto upon the township treasurer to pay the same out of any money in his hands belonging to said sub-district and applicable to the payment of teachers. In such suits process may be served on the clerk of the subdistrict, and service upon him shall be sufficient.

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.
JAMES W. OWENS,

President pro tem. of the Senate.

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Passed April 14, 1879.

[House Bill No. 706.]

AN ACT

Supplementary to an act entitled "an act for the reorganization and maintenance of common schools," passed May 1, 1873, (Saylor's statutes, p. 3028), and to extend the time for lessees of section sixteen to comply with sections 143 and 144 of said act, who have complied with all provisions of said act except said sections.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person holding land of lease, in section sixteen, and having complied with section one hundred and forty-two of said act, and all other provisions thereof, except said section one hundred and forty-three and one hundred and forty-four, required of him to become the owner in fee, by purchase of said lands, and in whose favor all proceedings, orders, and the confirmation required by said act, have been had and made, and who has paid all costs made thereby required of him by law, but who has failed to comply, within the time required by said sections one hundred and fortythree and one hundred and forty-four, with the provisions of said last named sections, after the passage of this act, shall have the same time to comply with the terms of said sections one hundred and forty-three and one hundred and forty-four, as is now herein specified.

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.
JAMES W. OWENS,

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Passed April 14, 1879.

President

pro tem. of the Senate.

[Senate Bill No. 343.]

AN ACT

Relating to certain proposed amendments to the constitution, and the publication thereof.

WHEREAS, The general assembly of the state of Ohio, (three-fifths of the members elected to each house agreeing thereto), have proposed amendments to the constitution to Amendments be submitted to the electors for their approval or rejection at the election for senators and representatives to the general assembly on the second Tuesday of October, A.D. 1879. Therefore,

to constitu

tion.

Electors of

on them.

SECTION 1. Be it enacted by the General Assembly of the State state to vote of Ohio, That the electors of this state shall vote upon said proposed amendments at the general election in October, A.D. 1879, in the manner and form prescribed in said amend

Additional duties of judges and clerk.

Additional

quired.

ments.

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 returns to the clerk of the common pleas court, of the vote cast for and against said proposed amendments.

SEC. 3. A return, additional to the return now required certificate re- 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 secretary 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, and if it appears that a majority of the votes cast at such election have been cast for said proposed amendments the governor shall make proclamation thereof without delay.

Officers who shall count the votes.

How result shall be announced.

Providing for publication of proposed amend

ments.

SEC. 4. The secretary of state shall cause the amendments to the constitution proposed at the present session of the General Assembly to be published once each week in not less than one newspaper in each county of the state wherein a new paper is published once each week for six months, and until the 2d Tuesday in October, A.D. 1879; 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 2d Tuesday of October, 1879; provided, that in counties where newspapers represent each of two leading political parties, then such amendments shall be published in at least one newspaper of each political party.

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