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SEC. 3. Provided, that before said commissioners shall proceed to erect such jail or levy such tax, the question shall be submitted to the electors of said county, at some regular election held in said county, and if a majority of the votes cast at said election upon this question of erecting a jail shall be in favor of a tax being levied for said purpose, then said commissioners shall be fully authorized to proceed to erect said jail as before stated.

SEC. 4. And the elector shall have written or printed, or partly printed and partly written, the words "tax for new jail," or, "no tax for new jail," on his ballot; and if a majority of all the electors of Trumbull county voting at said election upon this question, shall vote tax for new jail, this act shall thereupon be considered and holden to be adopted by such majority.

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. J. C. LEE,

Passed April 6, 1870.

President of the Senate.

AN ACT

To establish the village of Orangeville, Trumbull county, Ohio, as a separate election precinct.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all the territory embraced within the limits of the incorporated village of Orangeville, Trumbull county, shall hereafter be held to constitute a separate election district, for all state, county and municipal elections. The common council of the village shall be the judges of said elections, and shall be governed by the same laws, rules and regulations governing township trustees in like duties.

SEC. 2. This act to be in force from and after its passage.
A. J. CUNNINGHAM,

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

Passed April 6, 1870.

AN ACT

President of the Senate.

To amend section four of an act entitled "an act to authorize the board of education of the incorporated village of Wilmington to borrow money, purchase a site and erect a school house, and to transfer the present school house to the corporate authorities of said village, for a market house and town hall," passed April 13, 1868. (O. L. vol. 65, pp. 249, 250.)

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

Section 4. Said board of education are hereby authorized and em. powered to sell at public auction to the highest and best bidder, and on such terms of payment as said board may determine, the old school house belonging to said incorporated village, with the lot on which the same is situate, on Locust and Mulberry streets in said village, after first adver tising the same for sale in one of the newspapers printed and published in said village, for four consecutive weeks. The deed of conveyance of said real estate to the purchaser thereof, will be sufficiently executed when signed and acknowledged as a deed before an officer having power to take acknowledgment of deeds in said county, by the president of said board, and countersigned by the secretary, and the said board are authorized and required to apply the proceeds of the sale of said house and lot, when received, in payment of indebtedness authorized by this act. SEC. 2. The said original section four is hereby repealed, and this act shall be in force from and after its passage.

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

Passed April 6, 1870.

AN ACT

President of the Senate.

To authorize the Board of Public Works to restore a portion of Water street, in the town of West Zanesville, where the same has been destroyed by flood, in consequence of the construction of a state dam at that point; and to construct a levee and embankment to protect the same from further injury.

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 cause the necessary repairs to be made to the street and levee along the bank of the Muskingum river, in the town of West Zanesville, in the county of Muskingum, where the same has been partially destroyed or severely injured by high water in consequence of the construction of a state dam at that point across the Muskingum river.

SEC. 2. Said repairs shall be so constructed as that the roadway of said street, between the levee on one side and sidewalk on the other, shall not be less than thirty-three feet in width; and said levee and embankment to be well protected by a substantial stone-slope wall.

SEC. 3. Said board of public works are authorized to let the whole or any part of said work by contract to the lowest responsible bidder, or 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, 4. To enable the board of public works to carry into effect the provisions of this act, a sum of money, not exceeding three thousand dollars, is hereby appropriated, to be drawn from the canal fund on the certificate of said board.

SEC. 5. This act to be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.

Passed April 6, 1870.

J C LEE,

President of the Senate.

AN ACT

To amend an act for the relief of Moses W. Davis, passed April 15, 1868. (O. L. 1868, page 251.)

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

Section 1. The trustees of Upper township, Lawrence county, Ohio, are hereby authorized and required to levy a tax upon all the taxable property of said township, not exceeding the sum of one thousand two hundred and seventy-one dollars and forty-six cents ($1,271.46), to be applied to the reimbursement of the said Moses W. Davis.

SEC. 2. The first section of the above recited act, of which this is amendatory, is hereby repealed.

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

J. R. COCKERILL,

Pro tem. Speaker of the House of Representatives.

Passed April 12, 1870.

SAM'L F. HUNT, President pro tem. of the Senate.

AN ACT

To authorize the county commissioners of Tuscarawas county to appropriate certain moneys to the building of a new jail.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of Tuscarawas county shall immediately deliver to the county commissioners of said county all securities and demands held by him for the fund accumulated in said county by investment of interest upon surplus revenue; and said commissioners are hereby authorized to sue for, collect, compound and discharge such securities and demands upon such terms as they shall deem best for the interests of said county; and all moneys realized from such securities and demands shall be paid to the treasurer of said county, and shall be charged to him, and shall be paid out by him as hereinafter provided.

SEC. 2. That the county commissioners of said county are hereby authorized to appropriate all moneys realized from such securities and demands, and all moneys in the treasury of said county constituting part of said fund, to the building of a new jail for said county; and such money shall be, from time to time, paid out by the treasurer of said county, upon the order of the auditor of said county, drawn by the direction of such county commissioners.

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

J. R. COCKERILL,

Pro tem. Speaker of the House of Representatives.

Passed April 12, 1870.

SAM'L F. HUNT,

President pro tem. of the Senate.

AN ACT

To authorize the board of education of the incorporated village of Washington, Fayette county, Ohio, and territory annexed for school purposes, to levy a special tax to pay certain indebtedness.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of education of the incorporated village of Washington, in the county of Fayette, Ohio, and territory thereto annexed for school purposes, be and it is hereby authorized to levy a special tax (in addition to the taxes now authorized by law) upon all the taxable property in said village and territory thereto annexed for school purposes, for the years A.D. 1870 and 1871, not exceeding two mills on the dollar, for the purpose of enabling said board to liquidate and pay its existing indebtedness. SEC. 2. This act shall 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,

Passed April 12, 1870.

President pro tem. of the Senate.

AN ACT

To authorize the board of education of the city of Columbus to borrow money and issue bonds to build school houses in said city of Columbus.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of education of the city of Columbus be and the same is hereby authorized to borrow fifty thousand dollars, for the purpose of erecting school houses in said city of Columbus.

SEC. 2. That, for the purpose aforesaid, the said board of education is hereby authorized and empowered to issue bonds, to be signed by the president and attested by the secretary of said board, in sums of not less than five hundred nor more than one thousand dollars, bearing interest at a rate not exceeding eight per cent. per annum, said bonds to be payable at any time within eight years: Provided, that said bonds shall not be sold for less than their par value.

SEC. 3. The said board of education is hereby empowered to levy a tax annually on all the taxable property within said city of Columbus sufficient to pay said bonds, together with the interest thereon, as they fall 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 to be in force from and after its passage.

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J. R. COCKEŘILL,

Pro tem. Speaker of the House of Representatives.

Passed April 12, 1870.

SAM'L F. HUN

President pro tem. of the Senate.

AN ACT

To authorize the commissioners of Butler county to borrow money on the bonds of the county, and to secure the payment of moneys due to it.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of the county of Butler be and they are hereby authorized to issue the bonds of said county, bearing a rate of interest not to exceed eight per cent. per annum, and to dispose of the same, from time to time, and in such amounts as may be necessary to discharge the existing liabilities of the said county, and to defray its current expenses: Provided, that the aggregate amount of such bonds shall not exceed fifty thousand dollars.

SEC. 2. Said commissioners are further authorized to secure all or any portion of the claims the said county may have against individuals, growing out of or in any manner connected with the defalcation of the late treasurer of said county, by taking notes for the same, bearing interest not exceeding the rate of eight per cent. per annum, secured by mortgage on real estate or otherwise: Provided, that the sureties on the official bonds of the late defaulting treasurer shall first file with the said commissioners their written assent to the taking of such notes and mortgages, and their agreement that such procedure shall in no manner operate to discharge them from their respective liabilities on said official bonds; provided further, that nothing in this act shall impede, debar or in any manner operate as a discharge or release of any prosecution against said defaulting treasurer, his sureties, aiders or abettors, in any suit that may have been, or may hereafter be, commenced against him, or any of them, to a final judgment.

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

J. R. COCKERILL,

Pro tem. Speaker of the House of Representatives.

Passed April 12, 1870.

SAM'L F. HUNT, President pro tem. of the Senate.

AN ACT

To authorize the commissioners of Athens county to invest certain funds in the bonds and stocks of the United States and of the state of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Athens county be and they are hereby authorized and empowered to invest, in the bonds and stocks of the United States and of the state of Ohio, the fund now in the treasury of said county, or that may hereafter come into the said treasury, in pursuance of a levy made for the purpose of paying off the railroad debt of the said county when the same shall fall due, until such time as the said fund may be needed for the purpose for which the same was levied and collected.

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